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Annual Report 2010 - 2011 Contents
Annual Report 2010 - 2011 Contents 2 Foreword by the Attorney-General 6 Remembrance and Congratulations 10 Our Mission, Vision and Core Values 13 Our Roles 15 Our Corporate Structure A. AGC’s Management Team B. Six Legal Divisions and Two Non-Legal Divisions 29 Our Key Milestones A. As The Government’s Chief Legal Adviser and Counsel i. AGC’s Advisory Work ii. AGC’s Involvement in Litigation iii. AGC in Negotiations iv. AGC as Legislative Draftsman B. As Public Prosecutor C. In Performing Other Assigned Duties of a Legal Character D. Our Corporate Resources 61 Our Training, Development and Outreach 67 The Ties that Bind Us 71 Key Figures for 2010-2011 A. Corporate Awards B. Performance Indicators C. Financial Indicators for FY2010-FY2011 Attorney-General’s Chambers ANNUAL REPORT 2010 - 2011 1 FOREWORD BY THE ATTORNEY-GENERAL As we look back on these past years, the taxation policies and policies concerning adjust to these changes so that we can function perceptible increase in the complexity of our casino regulation. Cross-Divisional teams effectively. work is particularly striking. This growing were also engaged to deal with cases before complexity has in turn given rise to two the Singapore Courts when we were required With this in mind, I have intensified the consequences, which I elaborate on below. to address constitutional challenges and also commitment of my Chambers to the training, to defend Singapore’s judiciary in the face of development and specialisation of our officers contempt. so that we are well placed to support the THE NEED FOR Government with the highest level of legal iNTER-dIVISIONAL This is perhaps a reality that is ultimately to be services. -
The Lion and the Tiger
Trade & investment Cover story The lion and the tiger Singapore is seeking to enhance its standing as India’s business hub for Asia. Yet as India’s legal and financial markets mature, its reliance on offshore expertise and capital may be falling Vandana Chatlani reports elcome to Singapore – India’s most efficient city. a partner at Clifford Chance. It may be working: “A number At least that’s how the Singaporean government of Indians joke that Singapore is India’s fifth metro,” says W would like its equatorial republic to be perceived. Narayan Iyer, a partner at Linklaters. “The biggest metro ... Singapore has worked hard to strengthen ties with India and and everything works!” promote the city as a base for inbound and outbound Indian Indians comprise Singapore’s third-largest ethnic group investment. The Comprehensive Economic Cooperation and have played a prominent role in its political and economic Agreement signed between the two countries on 1 August development. Ethnic Indians such as Singapore’s sixth and 2005 focuses on bilateral investment, trade, security and edu- current president, SR Nathan, continue to hold high office. It is cational interests and is the first such extensive agreement even believed that the Sanskrit words simha and puram – lion between India and any of its trading partners. city – gave the island its name. “The Singapore government is encouraging people to think “Singapore has a significant and very successful Indian of Singapore as another state of India,” says Rahul Guptan, population, throughout the Singaporean legal community, November 2009 India Business Law Journal 19 Cover story Trade & investment The Singapore government is International legal hub encouraging people to think Most foreign law firms operating in Singapore provide of Singapore as another English, US or Australian law advice. -
The Rule of Law and Urban Development
The Rule of Law and Urban Development The transformation of Singapore from a struggling, poor country into one of the most affluent nations in the world—within a single generation—has often been touted as an “economic miracle”. The vision and pragmatism shown by its leaders has been key, as has its STUDIES URBAN SYSTEMS notable political stability. What has been less celebrated, however, while being no less critical to Singapore’s urban development, is the country’s application of the rule of law. The rule of law has been fundamental to Singapore’s success. The Rule of Law and Urban Development gives an overview of the role played by the rule of law in Singapore’s urban development over the past 54 years since independence. It covers the key principles that characterise Singapore’s application of the rule of law, and reveals deep insights from several of the country’s eminent urban pioneers, leaders and experts. It also looks at what ongoing and future The Rule of Law and Urban Development The Rule of Law developments may mean for the rule of law in Singapore. The Rule of Law “ Singapore is a nation which is based wholly on the Rule of Law. It is clear and practical laws and the effective observance and enforcement and Urban Development of these laws which provide the foundation for our economic and social development. It is the certainty which an environment based on the Rule of Law generates which gives our people, as well as many MNCs and other foreign investors, the confidence to invest in our physical, industrial as well as social infrastructure. -
Date Published: 11 Mar 2014 Dr Vivian Balaskrishnan, Minister for the Environment and Water Resources, Had Announced in His Comm
Date Published: 11 Mar 2014 Dr Vivian Balaskrishnan, Minister for the Environment and Water Resources, had announced in his Committee of Supply (COS) speech today that the Government of Singapore has decided to appoint an International Advisory Panel on Transboundary Pollution (IAP). 2. The Terms of Reference of the IAP are to study and advise the Government of Singapore on the trends and developments in international law relating to transboundary pollution and on the issues arising under international law from the impact of transboundary pollution as well as on the related solutions and practical steps which Singapore can adopt in light of the foregoing. Deputy Prime Minister (DPM) Mr Teo Chee Hean, who is also Chairman of the Inter-Ministerial Committee on Climate Change and Co-ordinating Minister for National Security, has appointed Professor S. Jayakumar and Professor Tommy Koh to co-chair the IAP, which will comprise legal experts from Singapore and abroad (their bios are attached at Annex A and Annex B respectively). 3. In making the appointment, DPM Teo said that: "The severe haze that enveloped Singapore in 2013 was a grim reminder that countries, especially small ones, are vulnerable to pollution that originates from outside their borders. In order to protect the health of our people, we need to explore all available avenues to tackle such transboundary environmental challenges. The Government has thus decided to set up an International Advisory Panel to study and advise the Government on trends and developments in international law relating to transboundary pollution and the options available to Singapore under international law. -
ATTORNEY LIST for BELIZE Embassy of the United States of America – Belmopan City, Belize
ATTORNEY LIST FOR BELIZE Embassy of the United States of America – Belmopan City, Belize Address: 4 Floral Park Road, Belmopan City, Belize Phone: (501) 822 4011 Fax: (501) 822-4050 Duty Officer: (501) 610-5030 E-mail: [email protected] Website: www.belize.usembassy.gov The U.S. Embassy Belmopan City, Belize assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the following persons or firms. Inclusion on this list is in no way an endorsement by the Department of State or the U.S. Embassy Belmopan. Names are listed alphabetically, and the order in which they appear has no other significance. The information in the list on professional credentials, areas of expertise and language ability are provided directly by the lawyers; the Embassy is not in a position to vouch for such information. You may receive additional information about the individuals on the list by contacting the local bar association at 501 223-2030. Name, Address & Contact of Background Areas of Expertise Information of Attorney ARGUELLES, Emil 1993 Marquette University (Milwaukee, WI) - Banking/Financial, Commercial/Business Law, Foreign (Arguelles Company LLC) B.A. Political Science, 1995 University of the Investments, Patents/Trademarks/copyrights, Partner: None West Indies (Barbados & Jamaica) – LLB Law, Intellectual Property, Civil Law, Damages, Collections, Address: Suit 401, The Matalon, 1998 Norman Manley Law School (Jamaica) – Commercial Law, Contracts, Corporations, P.O. Box 1846 CLE. Law, Society of Trust and Estate Aeronautical/Maritime, Foreign Claims, Estates, Taxes, Coney Drive, Belize City, Belize Practitioners (UK-STEP) – TEP, Fluent in English Government Relations, Certified Translator, Court Tel: (501) 223-0858 and Spanish, Serving all locations in Belize Reporter/Stenographer, Notary Public. -
Organisation Mondiale
ARBITRATION AND MEDIATION CENTER WIPO LIST OF NEUTRALS BIOGRAPHICAL DATA Archibald FINDLAY Chambers Durban South Africa Nationality: South African EDUCATIONAL AND PROFESSIONAL QUALIFICATIONS Bachelor of Arts, University of Natal, 1964; Bachelor of Laws, University of Natal, 1967; Master of Laws, University of Natal, 1974; Attorney - Admitted, Supreme Court, 1967; Advocate (Barrister), Appointed, Supreme Court, 1967; Senior Counsel - Appointed, State President, 1981; Called to London Bar (Grays Inn), 1999. LANGUAGES English and Afrikaans PRESENT POSITION Senior advocate (from time to time called upon temporarily to act as a Judge). MEMBERSHIP IN PROFESSIONAL BODIES Chairman, Society of Advocates of Natal, 1995; International Bar Association (IBA); Panelist, Commercial Arbitration & Mediation, Arbitration Foundation of South Africa; Panelist, London Court of International Arbitrations. January 27, 2020 34, chemin des Colombettes, 1211 Geneva 20, Switzerland T +41 22 338 82 47 F +41 22 740 37 00 E [email protected] W www.wipo.int/amc 2 WIPO Profile – A. FINDLAY AREAS OF SPECIALIZATION Intellectual property - copyright, films and videotapes, trademarks; Arbitration - commercial arbitration generally; Commercial litigation. EXPERIENCE IN INTELLECTUAL PROPERTY Since 1973 has been active as counsel in intellectual property disputes generally, with particular reference to copyright, unfair competition and passing-off. Principally has acted as lead counsel in these matters in litigation, but has on occasion had to draft or settle copyright licensing or assignment contracts and generally to give advice to clients, both in relation to pending litigation in the field of intellectual property, as well as advice in non-litigious circumstances. MAJOR PUBLICATIONS Swift’s Law of Criminal Procedure, 2nd Edition, 1979; Thesis for Master of Laws, Simplification of Proof in Criminal Proceedings. -
Reporter Issue 02 (2019)
Reporter Issue 02 (2019) Dentons Rodyk Dialogue 2019 Privacy in the Age of Social Data privacy, data IN THIS ISSUE Media and Data Breaches security, and cyber Dentons Rodyk Dialogue 2019 1 After more than a decade of security Singapore Ministry of Health 4 individuals giving up their publishes fee benchmarks for personal data for the It seems that every breath we surgical procedures in the convenience and utility of take leaves a trace in the ether. private sector networking and messaging at no The volume of data collected Business Bulletin cost, the perils and dangers of every day is mind-boggling. Singapore Budget 2019: Tax 6 doing so have been brought Developments home by scandals over how In his Opening Address, Dr personal data has been exploited Puthucheary delineated three Inward Re-domiciliation – 10 for political and commercial gain, areas for discussion: data Practical Pointers as well as multiple serious data privacy, data security and cyber IP Edge security. First, data privacy raises breaches. Governments, The “new” 2014 Geographical 12 regulators and business need to the question of whether the use Indications Act respond to this crisis, and the of personal data collected by Litigation Briefs question of how best to do so private companies is sufficiently was the subject of the Dentons controlled by the mechanism of Need for Speed: Get your 16 Anti-Suit Injunction Fast! Rodyk Dialogue 2019. requiring consent from users, given that many users would Legal Update: Delayed 19 The Dentons Rodyk Dialogue neither read nor necessarily detection of lung cancer – 2019 marked the third year of the understand the lengthy terms and a patient’s suit against a partnership between Dentons conditions they agree to. -
Rule of Law Without Democratization: Cambodia and Singapore in Comparative Perspective
Griffith Asia Institute Research Paper Rule of Law without Democratization: Cambodia and Singapore in Comparative Perspective Stephen McCarthy and Kheang Un ii About the Griffith Asia Institute The Griffith Asia Institute produces relevant, interdisciplinary research on key developments in the politics, security and economies of the Asia-Pacific. By promoting knowledge of Australia’s changing region and its importance to our future, the Griffith Asia Institute seeks to inform and foster academic scholarship, public awareness and considered and responsive policy making. The Institute’s work builds on a long Griffith University tradition of providing multidisciplinary research on issues of contemporary significance in the region. Griffith was the first University in the country to offer Asian Studies to undergraduate students and remains a pioneer in this field. This strong history means that today’s Institute can draw on the expertise of some 50 Asia–Pacific focused academics from many disciplines across the university. The Griffith Asia Institute’s ‘Research Papers’ publish the institute’s policy-relevant research on Australia and its regional environment. The texts of published papers and the titles of upcoming publications can be found on the Institute’s website: www.griffith.edu.au/asiainstitute ‘Rule of Law without Democratization: Cambodia and Singapore in Comparative Perspective’ 2018 iii About the Authors Stephen McCarthy Stephen McCarthy is a Senior Lecturer in South East Asian politics in the School of Government and International Relations and a member of the Griffith Asia Institute at Griffith University. He received his PhD in political science from Northern Illinois University and has published widely on Burmese politics and South East Asia in international journals including The Pacific Review, Asian Survey, Pacific Affairs, Democratization and International Political Science Review. -
The Evolution of the Singapore Criminal Justice Process
(2019) 31 SAcLJ 1042 (Published on e-First 23 July 2019) THE EVOLUTION OF THE SINGAPORE CRIMINAL JUSTICE PROCESS This article analyses the Singapore criminal justice process in the context of Herbert Packer’s Crime Control and Due Process models. It begins by analysing the features and goals of the two models before applying them to recent changes and developments in the Singapore criminal justice system. The article will focus in particular on developments in societal attitudes and values, legislative and executive policy, detention without trial, amendments to the Criminal Procedure Code (Cap 68, 2012 Rev Ed), the statement of facts in guilty-plea cases, Kadar disclosure and the judicial discretion to exclude evidence. Following an analysis of these developments, the article will then assess the change in balance between the two models in the Singapore criminal justice system as well as comment on the trend and future of our criminal justice process. Keith Jieren THIRUMARAN LLB (Hons) (National University of Singapore) I. Introduction 1 The criminal justice process is the backbone of society that provides the context in which the substantive criminal law operates. The process includes all the activities “that operate to bring the substantive law of crime to bear (or to keep it from coming to bear)” on accused persons.1 In his seminal book2 and article,3 Herbert Packer espoused two renowned models that elucidate the framework for analysing the criminal justice process: the Crime Control Model and the Due Process Model. This article will analyse the unique Singapore criminal justice process to determine where it currently lies on the spectrum between the two models. -
[email protected]
Editor Volume 32, number 3 • December 2019 Franny Rabkin [email protected] Editorial committee Frank Snyckers SC (chair) advocateIphephabhuku labameli basemajajini baseNingizimu Afrika Mushahida Adhikari Johan Brand SC Dzhenala ya dzangano la vhaadivokati vha Afrika Tshipembe Mark Euijen SC Die Suid-Afrikaanse Balietydskrif • The South African Bar Journal Marilena Maddison Kgatisobaka ya boadfokata ya Africa-Borwa Sandhya Mahabeer SC Jenali ya magwetha ya vaavanyisi van Afrika-Dzonga Jean Meiring Lwandile Sisilana Thandisa Tyuthuza Craig Watt-Pringle SC (ex officio – GCB chair) FROM THE EDITOR BAR REPRESENTATIVES once read (on the pages of this very publication, many years Cape: Patrick Mackenzie before I became its editor) an article by Judge Owen Rogers, then Free State: Jacyn Mitchley I Grahamstown: Thomas Miller Rogers SC, about why we should do away with the institution of silk. Johannesburg: Kutlwano Motla It was so well argued that, by the end, I was utterly and KwaZulu-Natal: Carol Sibiya, Sarah Pudifin-Jones and Nooreen Nursoo completely convinced that silk should go. Yet I also knew, utterly Namibia: Esi Chase and completely, that if I were ever to come to bar, I would really, Northern Cape: Albert Eillert really want silk. North West: John Stander Polokwane: Nathi Gaisa I have thought about this a few times over the years, mostly because every Port Elizabeth: Morné Olivier time Rogers J has come before the Judicial Service Commission, he has been Pretoria: John Holland-Müter Mthatha: Vusi Msiwa grilled, sometimes unfairly and a bit aggressively, about his views on this score – invariably by one or other of the silks sitting on the commission at the time. -
4 Comparative Law and Constitutional Interpretation in Singapore: Insights from Constitutional Theory 114 ARUN K THIRUVENGADAM
Evolution of a Revolution Between 1965 and 2005, changes to Singapore’s Constitution were so tremendous as to amount to a revolution. These developments are comprehensively discussed and critically examined for the first time in this edited volume. With its momentous secession from the Federation of Malaysia in 1965, Singapore had the perfect opportunity to craft a popularly-endorsed constitution. Instead, it retained the 1958 State Constitution and augmented it with provisions from the Malaysian Federal Constitution. The decision in favour of stability and gradual change belied the revolutionary changes to Singapore’s Constitution over the next 40 years, transforming its erstwhile Westminster-style constitution into something quite unique. The Government’s overriding concern with ensuring stability, public order, Asian values and communitarian politics, are not without their setbacks or critics. This collection strives to enrich our understanding of the historical antecedents of the current Constitution and offers a timely retrospective assessment of how history, politics and economics have shaped the Constitution. It is the first collaborative effort by a group of Singapore constitutional law scholars and will be of interest to students and academics from a range of disciplines, including comparative constitutional law, political science, government and Asian studies. Dr Li-ann Thio is Professor of Law at the National University of Singapore where she teaches public international law, constitutional law and human rights law. She is a Nominated Member of Parliament (11th Session). Dr Kevin YL Tan is Director of Equilibrium Consulting Pte Ltd and Adjunct Professor at the Faculty of Law, National University of Singapore where he teaches public law and media law. -
ORIGINS of the WA BAR the Independent Bar in Western Australia Origins and Functions of the Western Australian Bar Association from an Article Written in 1996
ORIGINS OF THE WA BAR The Independent Bar in Western Australia Origins and Functions of the Western Australian Bar Association From an article written in 1996 by the Hon Mr Justice David Malcolm AC QC, former Chief Justice of Western Australia Since the formal establishment of the WABA, the Association has provided the corporate structure which represents the interests of those who have elected to practise solely as barristers. As at 1 September 1995 there were 114 members who were practising barristers resident in Western Australia, and 56 interstate members. The resident members included 22 Queen's Counsel and of the interstate members 30 were Queen's Counsel from other States who had taken silk in Western Australia. The WABA also has honorary and judicial members. The WABA was not formed for the purpose of dividing the profession into barristers and solicitors as is the case in some jurisdictions where the profession is 'divided'. The formation of the Independent Bar was a professional response to a perceived professional need. The continued growth of the Bar has provided concrete evidence of the continuation of that need. The formation of the Independent Bar was facilitated by the flexibility built into the Legal Practitioners Act 1893. The Act then provided for persons to be admitted as 'practitioners'. A practitioner was defined as 'a person admitted and entitled to practise as a barrister, solicitor, attorney and proctor of the Supreme Court of Western Australia, or in any one or more of these capacities.' No person had in fact been admitted to practise as a solicitor alone or a barrister alone, and no specific provision existed for separate qualifications for any such admission.