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Legal news headlines Information on Legislation passed or Catchword summaries of Trainings and in October and Academy activities for revised in October cases from the Supreme workshops calendar November 2007. members at work and and November. Court, organised by subject from December 2007. at play! matter.

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At Large Headlines in The Straits Times • Headlines in The Straits Times Chua Hian Hou, “Online campaign to repeal Harry Yip Kuan, “Give minority owners • Headlines in The Business Times gay sex law picks up”, The Straits Times exchange option” [En bloc law should be • Headlines in Today (9 October 2007) amended to give minority owners option of asking for one-for-one exchange], The Straits Yeoh Lian Chuan, “Stamp duty on property Times Forum (12 October 2007) At Work deals”, The Straits Times Forum • (9 October 2007) Launch of Lives in the Law – A Ben Nadarajan, “Glenn Knight takes on first Festschrift in Honour of Peter Ellinger, Selina Lum, “Teacher wants Law Society to case – defending Yong's wife”, The Straits Koh Kheng Lian and Tan Sook Yee deal with ex-lawyer first”, The Straits Times Times (12 October 2007) • IBA Young Lawyers Outreach Event (10 October 2007) for ADR Professionals K C Vijayan, “Global law meeting will tackle • SAL Expert Series: The Advocate and Lee Su Shyan, “Allen & Gledhill heads for heavy issues” [Issues to be discussed at IBA Solicitor and His Client Malaysia in first foreign foray”, The Straits conference include technology, intellectual Times (11 October 2007) property and cultural differences across legislatures, ranging from anti-money Karen Tan, “HIV law aims to deter laundering to workplace discrimination], The irresponsible sex conduct”, The Straits Times Straits Times (12 October 2007) Forum (11 October 2007)

Chin Li Fen, “Stamp duty: 'Objective' market Chua Hian Hou, “NMP to submit value used”, The Straits Times Forum Parliamentary Petition to repeal gay sex law”, (11 October 2007) The Straits Times (12 October 2007)

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At Large Radha Basu, “Non-discrimination of women” Li Xueying, “Rule of law key to S'pore • Headlines in The Straits Times [CEDAW expressed concern over lack of stability, growth: MM Lee”, The Straits Times • Headlines in The Business Times specific local laws against gender (15 October 2007) discrimination], The Straits Times • Headlines in Today (12 October 2007) “Stars lend name to plea for change” [Local celebrities appear in online rap video to Selina Lum, “Teacher's $80,000 legal bill support repeal of s 337A], The Straits Times At Work saga comes to an amicable end”, The Straits (15 October 2007) • Launch of Lives in the Law – A Times (13 October 2007) Festschrift in Honour of Peter Ellinger, Lee U-Wen, “Why Singapore is ICC body's Koh Kheng Lian and Tan Sook Yee “No plans to change banking secrecy laws: choice pick”, The Straits Times MAS”, The Straits Times (14 October 2007) • IBA Young Lawyers Outreach Event (15 October 2007) for ADR Professionals K C Vijayan, “Global law meet draws record • “Why Singapore is what it is” [MM Lee’s SAL Expert Series: The Advocate and 4,000”, The Straits Times (15 October 2007) Solicitor and His Client keynote address at opening of IBA's annual conference], The Straits Times Nicholas Fang, “International arbitration” [Prof Jayakumar: S'pore “well-placed to play (15 October 2007) major role”], The Straits Times (15 October 2007) K C Vijayan, “Culture is serious issue for lawyers, says CJ” [Lawyers should be more Goh Chin Lian, “Judicial system highly rated, culturally sensitive with increasing cross- thanks to reforms”, The Straits Times border transactions], The Straits Times (15 October 2007) (16 October 2007)

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At Large Goh Chin Lian, “Here's how women lawyers Khushwant Singh, “International Bar • Headlines in The Straits Times can fight bias” [IBA delegate urges women Association conference” [Discussion on • Headlines in The Business Times lawyers to overcome “fear of the sneer of worldwide shortage of lawyers], The Straits • Headlines in Today the peer” and press for non-discriminating Times (17 October 2007) practices], The Straits Times (16 October 2007) Keith Lin, “NMP files petition to House on At Work gay sex law”, The Straits Times • Launch of Lives in the Law – A Selina Lum, “Internet portals' legal wrangles (17 October 2007) Festschrift in Honour of Peter Ellinger, debated” [IBA delegates discuss how law Khushwant Singh, “‘Practical’ master law Koh Kheng Lian and Tan Sook Yee can keep up with legal issues arising from degree” [New Master of Laws in International • IBA Young Lawyers Outreach Event Internet’s “explosive growth”], The Straits Professional Legal Practice offered by IBA for ADR Professionals Times (16 October 2007) and College of Law of England and Wales; • SAL Expert Series: The Advocate and see www.college-of-law.co.uk for details], Solicitor and His Client Lim Poh Suan, “Removing section 377A The Straits Times threatens family unit”, The Straits Times (17 October 2007) (16 October 2007) Cheong Suk-Wai, “That cultural flat- K C Vijayan, “Four legal hotshots here make footedness can cost plenty” [Lawyers should it to list of top arbitrators in Asia”, The Straits be more culturally sensitive in dealings], Times (17 October 2007) The Straits Times (17 October 2007)

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At Large K C Vijayan, “Delegates all agree: Rule of K C Vijayan, “Legal eagles recall old days • Headlines in The Straits Times law critical for investor confidence”, to mark Law Society's 40th year”, The Straits • Headlines in The Business Times The Straits Times (18 October 2007) Times (19 October 2007) • Headlines in Today Chong Chee Kin, “Law Society moves to K C Vijayan, “More action sought against get Rasif struck off the rolls”, The Straits fake goods globally”, The Straits Times Times (18 October 2007) (19 October 2007) At Work • Launch of Lives in the Law – A Leonard Lim, “Mediation for sports disputes Li Xueying, “S'pore has laws to tackle dirty Festschrift in Honour of Peter Ellinger, comes to S'pore”, The Straits Times foreign funds” [It must, however, ensure that Koh Kheng Lian and Tan Sook Yee (18 October 2007) rules are “followed religiously” on the ground], The Straits Times (19 October 2007) • IBA Young Lawyers Outreach Event Teh Joo Lin, “New law to tighten second- for ADR Professionals hand goods trade to kick in on Dec 1” [New “Top ratings for justice system here”, The • SAL Expert Series: The Advocate and Secondhand Goods Dealers Act to curb sale Straits Times (19 October 2007) Solicitor and His Client of stolen property], The Straits Times (18 October 2007) Wang Meng Meng, “Triathlon” [Mediation between triathlete Gino Ng and Triathlon Tan Yen Ling, “Should section 377a be Association of Singapore (“TAS”) fails], The repealed?”, The Straits Times Straits Times (19 October 2007) (18 October 2007) “A free society needs rules to thrive and Goh Chin Lian, “DPM to Chee: Don't turn prosper” [Keynote address by Prof Jayakumar IBA meet into theatre on S'pore politics”, at IBA conference’s symposium on rule of law], The Straits Times (19 October 2007) The Straits Times (20 October 2007)

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At Large Chong Chee Kin, “Advances in rule of law Lee Siew Hua, “Respect for rule of law vital • Headlines in The Straits Times in S-E Asia”, The Straits Times for Singapore: Jaya”, The Straits Times • Headlines in The Business Times (20 October 2007) (20 October 2007) • Headlines in Today Goh Chin Lian, “Chee tried to turn forum Lim Soon Hock, “Sexual into ‘theatre of politics’, says Jaya”, The Straits Times (20 October 2007) orientation/preferences are not ‘rights’”, At Work The Straits Times (20 October 2007) • Launch of Lives in the Law – A Boaz Nazar, “Fallacy to talk of ‘gay’ Festschrift in Honour of Peter Ellinger, discrimination”, The Straits Times Wang Meng Meng, “Triathlon” [TAS-Gino Koh Kheng Lian and Tan Sook Yee (20 October 2007) Ng dispute resolved], The Straits Times • IBA Young Lawyers Outreach Event (20 October 2007) for ADR Professionals Salma Khalik, “Fewer suits filed against public • SAL Expert Series: The Advocate and hospitals”, The Straits Times Solicitor and His Client (20 October 2007) Lee Siew Hua, “We don't need outside interference, says Sylvia Lim” [Singapore Keith Lin, “Myanmar, Penal Code up for capable of dealing with own rule of law debate” [Myanmar issues and petition to issues], The Straits Times (20 October 2007) repeal gay sex law to be discussed in Parliament], The Straits Times Ang Kim Lan, “How to legally care for (20 October 2007) mentally incapable person” [Q&A on “‘Prayer’ to change a sex law”, The Straits enduring power of attorney], The Straits Times (20 October 2007) Times (21 October 2007)

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At Large Ben Nadarajan and Carolyn Quek, “The K C Vijayan, “Ex-Law Society president joins • Headlines in The Straits Times price of justice in $” [Article on rising legal legal heavyweight”, The Straits Times • Headlines in The Business Times costs], The Straits Times (21 October 2007) (23 October 2007) • Headlines in Today “M'sia's Anwar faces jail threat for protecting Yeo Ghim Lay, “Laws don't always reflect source”, The Straits Times (22 October 2007) moral position: Hri Kumar” [Discussion on At Work s 377A], The Straits Times (23 October 2007) • Launch of Lives in the Law – A Selina Lum, “Changes to the Penal Code” “Mr Siew Kum Hong” [On s 377A], The Festschrift in Honour of Peter Ellinger, [MPs generally in support of amendments Straits Times (23 October 2007) Koh Kheng Lian and Tan Sook Yee except for heated debate over s 377A and • IBA Young Lawyers Outreach Event issue of “marital rape”], The Straits Times Peh Shing Huei, “Petition to repeal gay sex for ADR Professionals (23 October 2007) law sparks heated debate”, The Straits Times • SAL Expert Series: The Advocate and (23 October 2007) Solicitor and His Client Jeremy Au Yong, “Chemical Weapons Act still terror-proof”, The Straits Times Natalie Soh, “Rape: Call for full removal of (23 October 2007) marital immunity”, The Straits Times (23 October 2007) Keith Lin, “Decriminalising gay sex” [Views of four MPs on s 377A], The Straits Times “Speech by Professor Thio Li-Ann” [On (23 October 2007) s 377A], The Straits Times (23 October 2007)

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At Large Lim Wei Chean, “Tougher stance urged on to s 377A to better reflect realities on the • Headlines in The Straits Times child sex, 'grooming'”, The Straits Times ground], The Straits Times (24 October 2007) • Headlines in The Business Times (23 October 2007) • Headlines in Today Li Xueying, “Let's move on, says NMP after Elina Lum and Lim Wei Chean, “Upping of 377A plea is rejected”, The Straits Times jail sentences: Caution urged” [Accused (24 October 2007) At Work individuals may feel pressure to plead guilty once maximum jail time increases], The Straits Lim Wei Chean, “Men have modesty too, • Launch of Lives in the Law – A Times (23 October 2007) so make laws gender neutral”, The Straits Festschrift in Honour of Peter Ellinger, Times (24 October 2007) Koh Kheng Lian and Tan Sook Yee Chua Mui Hoong, “When the Govt chooses • IBA Young Lawyers Outreach Event to follow, not lead” [Parliamentary debate Jeremy Au Yong, “New terrorism law for ADR Professionals on s 377A], The Straits Times supports cross-border approach” [New • SAL Expert Series: The Advocate and (23 October 2007) Terrorism (Suppression of Bombings) Act Solicitor and His Client gives effect to International Convention for “Laws on religious conversion under review” the Suppression of Terrorist Bombings], [Malaysia to review laws relating to religious The Straits Times (24 October 2007) conversion for Muslims], The Straits Times (24 October 2007) Selina Lum, “No 'trigger happy' bid to up penalties” [Assoc Prof Ho: Government's Keith Lin, “Let's convince the majority to do approach in revising Penal Code a balanced what is fair: Charles Chong” [Call for updates one], The Straits Times (24 October 2007)

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At Large Natalie Soh, “Rape: Marital immunity stays, moral values endorsed by religious persons • Headlines in The Straits Times with exceptions”, The Straits Times in public decision-making], The Straits Times • Headlines in The Business Times (24 October 2007) (25 October 2007) • Headlines in Today Lim Wei Chean, “Some call for stricter 'sex Jenica Chua Chor Ping, “'Visibly distraught'? predator' laws” [MPs proposed for age of Prof was fiery and passionate” [Letter offenders to be lowered], The Straits Times referring to Prof Thio’s parliamentary speech At Work (24 October 2007) on s 377A], The Straits Times • Launch of Lives in the Law – A (25 October 2007) Festschrift in Honour of Peter Ellinger, “Why we should leave section 377A alone: Koh Kheng Lian and Tan Sook Yee PM”, The Straits Times (24 October 2007) Wong Suan Yin, “Discrimination enshrined in law” [On s 377A], The Straits Times • IBA Young Lawyers Outreach Event Patrick Tan Siong Kuan, “Failed bid to repeal (27 October 2007) for ADR Professionals section 377A”, The Straits Times • SAL Expert Series: The Advocate and (25 October 2007) Carolyn Hong, “Extension of CJ's tenure Solicitor and His Client held up by judge-fixing scandal” [Six-month Azimin Saini, “NMP Thio's comments were extension of Malaysian Chief Justice yet to inappropriate” [Letter referring to NMP be approved], The Straits Times Thio’s parliamentary speech on s 377A], (27 October 2007) The Straits Times (25 October 2007) Shefali Rekhi, “ASEAN Charter to turn region Tan Seow Hon, “Public debate: Giving voice into community”, The Straits Times to the religious” [Article on relevance of (28 October 2007)

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At Large Carolyn Hong, “Perak ruler – a former Chief “Controversial video shown at law meet” • Headlines in The Straits Times Justice – calls for judicial reforms”, The Straits [Alleged judge-fixing clip shown at annual Times (30 October 2007) • Headlines in The Business Times Malaysian Law Conference], The Straits Times • Headlines in Today “Lawyers deny judicial reforms will turn off (2 November 2007) foreign investors” [Article on Malaysian lawyers’ response to recent judge-fixing Carolyn Hong, “Malaysian judiciary's woes: At Work allegation], The Straits Times KL to move 'fast' to fill Chief Justice post”, • Launch of Lives in the Law – A (31 October 2007) The Straits Times (2 November 2007) Festschrift in Honour of Peter Ellinger, Koh Kheng Lian and Tan Sook Yee Carolyn Hong, “Malaysia's CJ retires; Leslie Lopez, “The talk in Kuala Lumpur: KL • IBA Young Lawyers Outreach Event successor not named”, The Straits Times cops and judiciary getting a bad name”, for ADR Professionals (1 November 2007) • SAL Expert Series: The Advocate and The Straits Times (3 November 2007) Solicitor and His Client K C Vijayan, “New book lauds three pioneers in teaching law” [Lives in the Law celebrates “M'sia draws up law to protect whistle- contributions of three retired NUS dons], blowers”, The Straits Times The Straits Times (31 October 2007) (5 November 2007)

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At Large Headlines in The Business Times • Headlines in The Straits Times Michelle Quah, “A&G ties up with top M'sian Oh Boon Ping, “Gay sex law will not be • Headlines in The Business Times law firm”, The Business Times strictly enforced”, The Business Times • Headlines in Today (11 October 2007) (24 October 2007)

Wee Li-En, “Allen & Gledhill tops in financial Wee Li-En, “Major law firms express interest At Work law market”, The Business Times in going public”, The Business Times (12 October 2007) • Launch of Lives in the Law – A (30 October 2007) Festschrift in Honour of Peter Ellinger, Lynette Khoo, “Legal system can't rest on S Jayasankaran, “M'sian Chief Justice's term Koh Kheng Lian and Tan Sook Yee its laurels: MM Lee”, The Business Times unlikely to be extended”, The Business Times (15 October 2007) • IBA Young Lawyers Outreach Event (1 November 2007) for ADR Professionals Lynette Khoo, “S'pore set to leverage on Siow Li Sen, “MAS comfort for guarantors • SAL Expert Series: The Advocate and growth in international arbitration”, in face of bank secrecy laws” [Guarantors Solicitor and His Client The Business Times (15 October 2007) have right to be informed of liabilities despite Wee Li-En, “ICDR and SIAC open office in differing industry practices], The Business Singapore”, The Business Times Times (2 November 2007) (18 October 2007) Wee Li-En, “Lawyers put on business hats Wee Li-En, “Interests of the community take at top firms”, The Business Times precedence: Jayakumar” [Greater emphasis (6 November 2007) attached to community interests in rule of law balance], The Business Times “NUS, NYU in dual degree programme”, (20 October 2007) The Business Times (6 November 2007)

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At Large Headlines in Today • Headlines in The Straits Times Leong Wee Keat, “Rogue lawyer faces the Huang Qiao Ying, “Protect kids from violent • Headlines in The Business Times axe”, Today (9 October 2007) outsiders” [Writer recommends that personal • Headlines in Today protection orders be extended to protect Nazry Bahrawi, “Give state-picked panel a against threats from non-family members], Today (16 October 2007) At Work chance” [UMNO Youth leader: Judge-fixing • Launch of Lives in the Law – A probe team must be given "a chance to do Thomas Koshy, “Leaving behind those legal Festschrift in Honour of Peter Ellinger, its job"], Today (10 October 2007) blues” [Article discussing whether Court of Koh Kheng Lian and Tan Sook Yee Appeal in motor claims dispute should have • Jasmine Yin, “Top law firms in pact to serve IBA Young Lawyers Outreach Event directed for inquiry into lawyer’s conduct], ASEAN business needs”, Today for ADR Professionals Today (17 October 2007) • SAL Expert Series: The Advocate and (11 October 2007) Solicitor and His Client Loh Chee Kong, “The worldwide battle for Loh Chee Kong, “What price, this success?” young legal eagles” [“Pay is not enough” [Questions on Singapore’s democracy put to retain young lawyers], Today to MM Lee during dialogue at IBA (17 October 2007) conference], Today (15 October 2007) Loh Chee Kong, “Greasing palms: Business Ron Chong Ker Chuen, “Leave gay law as usual?” [Lawyers face dilemma when dealing unchanged”, Today (16 October 2007) with corruption], Today (18 October 2007)

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At Large Cubby Leong, “Should it have gone this Sheralyn Tay, “Docs learn to avert patient • Headlines in The Straits Times far?” [Article highlighting need for proper disputes” [Medical Protection Society • Headlines in The Business Times mediation and arbitration between athletes launched Risk Consulting Service and • Headlines in Today and National Sports Association], Today Educational Services for better doctor-patient (18 October 2007) communication], Today (20 October 2007)

At Work “Fear of the law makes victims cough up Nicholas Tan, “More bewildered than • Launch of Lives in the Law – A cash” [New scam by con artists enlightened” [Letter in response to Festschrift in Honour of Peter Ellinger, impersonating Supreme Court staff], Today "Keep377A.com vs Repeal377A.com"], Koh Kheng Lian and Tan Sook Yee (19 October 2007) Today (20 October 2007) • IBA Young Lawyers Outreach Event for ADR Professionals Bala S Rajaratnam, “Mediate, don't waste Loh Chee Kong, “Rule of law and freedom: • SAL Expert Series: The Advocate and funds”, Today (19 October 2007) Do they mix?”, Today (20 October 2007) Solicitor and His Client “New law to deter those who steal metal to “Badawi to lawyers: Don't scare off sell as scrap”, Today (19 October 2007) investors”, Today (31 October 2007)

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At Large Launch of Lives in the Law – A Festschrift in Honour of Peter Ellinger, Koh Kheng Lian • Headlines in The Straits Times and Tan Sook Yee • Headlines in The Business Times • Headlines in Today The National The Festschrift was officially launched on 30 University of October 2007 at a cocktail party held on the Singapore (“NUS”) premises of Evans Lodge (the former Raffles At Work Faculty of Law and College) by the Honourable the Chief Justice • Launch of Lives in the Law – A Academy Chan Sek Keong, who also wrote the book’s foreword. Festschrift in Honour of Peter Ellinger, Publishing, with Koh Kheng Lian and Tan Sook Yee the support of a donation by law The event was graced by legal luminaries • IBA Young Lawyers Outreach Event firm Rajah and including Deputy Prime Minister and Minister for ADR Professionals for Law Professor S Jayakumar, the Attorney- Tann, have • SAL Expert Series: The Advocate and General Mr Chao Hick Tin and Judges of published a Solicitor and His Client Appeal Justice Andrew Phang and Justice Festschrift entitled V K Rajah. Also amongst the evening’s guests Lives in the Law. It honours the lives and were Dr Thio Su Mien, Justice Tan Lee Meng work of three illustrious professors of law – and Associate Professor Chin Tet Yung – Emeritus Professor Peter Ellinger, Emeritus former NUS deans whose presence made Professor Koh Kheng Lian and Professor Tan the event even more special – and Professor Sook Yee. All three honourees are pioneers Michael Furmston, dean of the Singapore in the teaching of law at NUS. Management University School of Law.

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At Large Nostalgic and heart-warming speeches were The honourees • Headlines in The Straits Times given by the three honourees who shared Peter Ellinger is internationally recognised • Headlines in The Business Times and reflected on the highlights of their lives as a leading banking lawyer. In 1998, he and career in the legal academia. Chief • Headlines in Today became the first person from the faculty to Justice Chan Sek Keong, Law Dean Professor be appointed Emeritus Professor by the Tan Cheng Han and Senior Counsel Quentin Loh also addressed the guests and University. His book, Modern Banking Law, At Work reminisced about their personal experiences is a leading text in the United Kingdom and • Launch of Lives in the Law – A with each of the three honourees. the Commonwealth. Festschrift in Honour of Peter Ellinger, Koh Kheng Lian and Tan Sook Yee Lives in the Law is the first of its kind Koh Kheng Lian is Singapore’s pre-eminent • IBA Young Lawyers Outreach Event published in Singapore to honour academic criminal lawyer whose texts on for ADR Professionals distinguished members of the legal the subject remain authoritative today. More • SAL Expert Series: The Advocate and academia. In recognition of the monumental recently, she has established herself as one Solicitor and His Client contributions of the honourees, the book’s editors (Professor Michael Hor, Associate of the best-known environmental lawyers in Professor Dora Neo and Associate Professor Asia-Pacific. She is the first woman to be Tang Hang Wu) assembled a team of local conferred an Emeritus Professorship in the and international legal academics who history of the National University of contributed essays on the subject areas that Singapore and its predecessor institutions. the honourees have devoted their lives to teaching and researching. Notably, the book also contains a brief but informative Tan Sook Yee’s name is synonymous with biography of the three honourees. Singapore land law. She is the author of

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At Large Principles of Singapore Land Law, a book • Headlines in The Straits Times frequently cited with approval by Singapore • Headlines in The Business Times courts. She also served a distinguished term • Headlines in Today as dean of the faculty, laying a firm foundation for the Faculty of Law in the National University of Singapore as we know it today. At Work • Launch of Lives in the Law – A Festschrift in Honour of Peter Ellinger, Koh Kheng Lian and Tan Sook Yee Lives in the Law honourees together with the • IBA Young Lawyers Outreach Event team of editors. Standing (L to R): Associate Professor Tang Hang Wu, Associate Professor for ADR Professionals Dora Neo and Professor Michael Hor. Seated • SAL Expert Series: The Advocate and (L to R): Emeritus Professor Peter Ellinger, Professor Solicitor and His Client Tan Sook Yee and Emeritus Professor Koh Kheng Lian.

Lives in the Law may be purchased from the Singapore Academy of Law’s Chief Justice Chan Sek Keong officially launches Academy Publishing. Please contact the Festschrift and marks the moment with a Ms Pauline Wong at tel: (65) 6332 0056 congratulatory note on a commemorative poster. or e-mail: [email protected].

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At Large IBA Young Lawyers Outreach Event for ADR Professionals • Headlines in The Straits Times • Headlines in The Business Times Professionals on 18 October 2007 at Attica, • Headlines in Today a popular club in Clarke Quay. The event was co-organised by the IBA Mediation Committee and the International Centre for At Work Dispute Resolution (“ICDR”) Young and • Launch of Lives in the Law – A International. Festschrift in Honour of Peter Ellinger, Koh Kheng Lian and Tan Sook Yee • IBA Young Lawyers Outreach Event for ADR Professionals • SAL Expert Series: The Advocate and Solicitor and His Client In conjunction with the International Bar Association (“IBA”) conference held in Singapore, the Singapore Mediation Centre (“SMC”) and the Singapore International Arbitration Centre (“SIAC”) co-hosted the IBA Young lawyers Outreach Event for ADR

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At Large • Headlines in The Straits Times • Headlines in The Business Times • Headlines in Today

At Work • Launch of Lives in the Law – A Festschrift in Honour of Peter Ellinger, Koh Kheng Lian and Tan Sook Yee • IBA Young Lawyers Outreach Event for ADR Professionals The event was attended by about 40 guests including legal professionals from USA, UK, France, Germany, Switzerland, Nigeria, Malaysia and Singapore. The networking session • SAL Expert Series: The Advocate and saw guests exchanging ideas and views on the latest ADR trends while unwinding over food Solicitor and His Client and drinks after a hectic conference schedule.

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At Large SAL Expert Series: The Advocate and Solicitor and His Client • Headlines in The Straits Times By Lina Tong, Senior Manager, SAL and Carol Liew, Assistant Director, SAL • Headlines in The Business Times The last few years have seen several high • Headlines in Today profile matters involving the misappropriation of clients’ moneys and notable developments in case law relating to legal ethics, thereby At Work generating much interest in the topic. Author • Launch of Lives in the Law – A of the seminal book Ethics and Professional Festschrift in Honour of Peter Ellinger, Responsibility: A Code for the Advocate and Koh Kheng Lian and Tan Sook Yee Solicitor, Dr Jeffrey D Pinsler, was invited to • IBA Young Lawyers Outreach Event speak at the inaugural ethics seminar. The for ADR Professionals seminar was well-attended by over 200 • SAL Expert Series: The Advocate and As part of the SAL Expert Series, the members with the Honourable Justice V K Solicitor and His Client Singapore Academy of Law (“SAL”), together Rajah, Judge of Appeal and Chairman of with co-organisers, the Law Society and the the Professional Affairs Committee, as the Supreme Court of Singapore, presented the seminar “The Advocate and Solicitor and Guest of Honour. Mr Michael Hwang SC, His Client” on Thursday 15 November 2007. Chairman of the Law Society’s Ethics This seminar is the brainchild of the Committee, chaired this inaugural seminar. Professional Values Chapter of the SAL Professional Affairs Committee, and is the Dr Pinsler opened his lecture by emphasising first part of a series of three seminars on that he did not think that lawyers were ethics and the legal profession. behaving worse than before. However, there

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At Large was now a greater awareness of how lawyers Khiang in concluding that “(the) proceedings • Headlines in The Straits Times ought to conduct themselves and as such, serve as a clarion call, and emphasise that • Headlines in The Business Times the public may not be so forgiving in light the paramount duty of a solicitor is to • Headlines in Today of this new ethics consciousness. He conscientiously advance his clients’ interests addressed three main areas in his lecture: and to unwaveringly avoid all manner of the issue of who is a client, how an implied conflicts of interest, whether potential or At Work retainer arises and responsibilities beyond actual. Solicitors would also be well advised • Launch of Lives in the Law – A the implied retainer; the duty to protect the to be tirelessly proactive in ensuring that clients understand all the attendant legal Festschrift in Honour of Peter Ellinger, client’s position in the face of other risks of every transaction they enter into.” Koh Kheng Lian and Tan Sook Yee competing interests; and the lawyer’s “moral • IBA Young Lawyers Outreach Event compass” and the spirit of the rules of ethics. Following Dr Pinsler’s presentation was a for ADR Professionals Dr Pinsler cited the cases of Law Society of panel discussion chaired by Mr Michael • SAL Expert Series: The Advocate and Singapore v Ahmad Khalis bin Abdul Ghani Hwang SC. The other panellists were Mr T Solicitor and His Client [2006] 4 SLR 308, Law Society of Singapore P B Menon, consultant with Wee Swee Teow v Tan Phuay Khiang [2007] 3 SLR 477 and & Co, Mr Ronnie Quek, partner with Allen Law Society of Singapore v Vardan Vasantha & Gledhill and Mr Vinodh Coomaraswamy Lashimi [2007] 1 SLR 240 in their various SC, partner with Shook Lin & Bok. The panel contexts, highlighting the guidance provided discussion gave the audience further insights by the court on the conduct expected of an on the Legal Profession Act and the Legal advocate and solicitor. Perhaps the position Profession (Professional Conduct) Rules, as on the responsibility of the advocate and each panellist shared their own interpretation solicitor is best put by the court in Tan Phuay and perspectives of the Act and Rules.

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At Large Whilst there is room for further discussion • Headlines in The Straits Times and debate on the responsibilities of an • Headlines in The Business Times advocate and solicitor and in particular how • Headlines in Today to manage litigation risks, the take-home message for every lawyer at this seminar may well be summarised and quoted from At Work Justice Rajah’s keynote address “… clients • Launch of Lives in the Law – A depend very heavily on lawyers … it is Festschrift in Honour of Peter Ellinger, therefore incumbent on every lawyer to Koh Kheng Lian and Tan Sook Yee ensure that such (legal) advice is • IBA Young Lawyers Outreach Event comprehensive and – most importantly – earliest possible stage. This advice should for ADR Professionals competent. … full disclosure of risks and the be properly minuted. This will help minimise • SAL Expert Series: The Advocate and costs involved be given in all matters at the disputes later about what has been said.” Solicitor and His Client

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Book Review The Law on Corruption in Singapore: Cases and Materials By Tan Boon Gin; review by Professor Michael Hor Yew Meng • The Law on Corruption in Singapore: Cases and Materials bold steps to fashion new law to deal with a formidable problem. Singapore’s anti- corruption strategy was to be phenomenally Tech Law Update successful. • European Court of First Instance Upholds EC Finding on Microsoft While academics and social scientists ask questions about the extent to which the law played a part, and whether or not the radical At Play exceptions to normal criminal law and • ‘Tis the Season to be Giving process made are still required, those directly • Party-perfect Recipe: Angel Hair concerned with its administration – the Pasta with Sliced Abalone and Avruga prosecutors, the officers of the CPIB, defence Roe counsel and the courts – have to make it • Exclusive Festive Treats for SAL work from day to day. It is the facilitation of members! The Prevention of Corruption Act is one of this that Tan Boon Gin’s The Law of • SAL Christmas Charity Project 2007: the most important pieces of criminal Corruption in Singapore is aimed. Theatre Magic for Children legislation in Singapore legal history, a pillar of the foundational principle of clean The work bears the mark of the author’s Announcements government in the post-colonial period. It substantial experience with corruption law • Waiver of Annual Subscriptions is also one of most “Singaporean” – bearing and practice, both as a prosecutor and then the marks of a fledgling Government taking as a District Judge. It accurately and • SAL’s 20th Anniversary Diary

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Book Review efficiently distils the law as it stands, putting the practitioner. Such writing requires far an admirable order on the apparent chaos more work for the reader who has, to an • The Law on Corruption in Singapore: of cases interpreting the statute. This task extent, to digest the primary material. I think Cases and Materials is much more difficult than it sounds. The this is a positive development, reflecting the uniqueness of the legislation meant that increasing maturity and sophistication of there was little assistance to be had from legal practice in Singapore – the law cannot Tech Law Update the usual suspects – the major common law be expressed in bland textbook type • European Court of First Instance jurisdictions of the world. The author had to propositions. I hope this experiment Upholds EC Finding on Microsoft start from scratch. The structure which the succeeds. author eventually came up with is a model of clarity – particular issues and cases are I also hope that this book finds a larger At Play discussed under the broad headings of audience – that of experts from other • ‘Tis the Season to be Giving “elements of the offence”, “evidential jurisdictions wanting to learn the secret of • Party-perfect Recipe: Angel Hair issues” and “ancillary matters”. I suspect Singapore’s success with fighting corruption. this is a taxonomy which will influence the It has been a bit of an embarrassment when Pasta with Sliced Abalone and Avruga way practitioners think about corruption for we are asked by others what they can read Roe years to come. to understand the Prevention of Corruption • Exclusive Festive Treats for SAL Act – there was until now no one source we members! The law of corruption has produced some could point them to. I am thankful we now • SAL Christmas Charity Project 2007: of the most intriguingly complex cases in have Tan Boon Gin’s book – a convenient Theatre Magic for Children the law reports; but the author somehow one-stop-shop, accessible without being manages to select manageable excerpts simplistic. from them, and appends insightful notes Announcements with precision and economy. The decision This book is a joint publication of Academy • Waiver of Annual Subscriptions to write the book in a “cases and materials” Publishing and the Subordinate Courts of • SAL’s 20th Anniversary Diary style is surprising for a volume intended for Singapore.

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Book Review European Court of First Instance Upholds EC Finding on Microsoft • The Law on Corruption in Singapore: By Cornie Ng Cases and Materials The European Court of First Instance (“ECFI”) purchaser of Windows to also purchase handed down its decision on 17 September Windows Media Player (as it came 2007 upholding the European Commission’s together as a package) such that other Tech Law Update (“Commission”) finding that software giant media player suppliers are foreclosed • European Court of First Instance Microsoft had abused its dominant position, from entering into the media player Upholds EC Finding on Microsoft an infringement of Art 82 of the EC Treaty market. (the equivalent of s 47 of the Singapore Competition Act, Cap 50B). As a result of the above abuses, the At Play Commission required Microsoft to –– • ‘Tis the Season to be Giving Earlier on in March 2004, the Commission (a) disclose specifications of its server/server • Party-perfect Recipe: Angel Hair had found that Microsoft had abused its communication protocols to any party Pasta with Sliced Abalone and Avruga dominant position, by engaging in the wishing to develop and distribute Roe following conduct: workgroup server OS; and • Exclusive Festive Treats for SAL (a) Refusing to supply competitors with and (b) offer for sale a version of Windows members! authorise the use of “interoperability without Windows Media Player. • SAL Christmas Charity Project 2007: information” so that competing products Theatre Magic for Children could be developed and distributed on The Commission also imposed a fine of the workgroup server operating systems EUR 497 million on Microsoft. (“OS”) market. Announcements (b) Tying Windows Media Player with the To ensure Microsoft’s compliance with the • Waiver of Annual Subscriptions Windows PC OS, ie, requiring any directions above, a monitoring trustee was • SAL’s 20th Anniversary Diary

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Book Review to be appointed by the Commission, at (b) The refusal must be of such a kind as to exclude any effective competition on • The Law on Corruption in Singapore: Microsoft’s expense and from a list of persons drawn up by Microsoft, who was to have that market. Cases and Materials access to Microsoft’s assistance, information, (c) The refusal must prevent the appearance documents, premises or employees and to of a new product for which there is potential consumer demand. Tech Law Update the source code of the relevant Microsoft products. • European Court of First Instance Even if the above conditions are all satisfied, Upholds EC Finding on Microsoft In appealing against the decision to the if the refusal to grant a licence can be ECFI, Microsoft sought an annulment of the objectively justified, there will be no abuse. decision, or an annulment or a substantial At Play The ECFI decided that all three conditions • reduction of the fine imposed on it. ‘Tis the Season to be Giving had been satisfied. It stated that the • Party-perfect Recipe: Angel Hair Commission was correct to conclude that, Refusal to supply Pasta with Sliced Abalone and Avruga for competitors’ work group server OSes to In considering the appeal, the ECFI assessed Roe be marketed viably, they had to be able to the facts on the basis that a refusal by an • Exclusive Festive Treats for SAL interoperate with Windows domain intellectual property right holder to license members! architecture on an equal footing with to a third party the use of a product can be Windows OS. The absence of such • SAL Christmas Charity Project 2007: an abuse of a dominant position only if the interoperability had the effect of reinforcing Theatre Magic for Children following three conditions have been Microsoft’s dominant position on the market satisfied: and creating a risk of eliminating competition. Announcements (a) The refusal must relate to a product or service indispensable to the exercise of • Waiver of Annual Subscriptions As Microsoft was not able to show any an activity on a neighbouring market. objective justification for the refusal to supply • SAL’s 20th Anniversary Diary

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Book Review (ie Microsoft failed to show that the disclosure client PC OS market and that the products • The Law on Corruption in Singapore: of interoperability information would have were distinct when assessed by reference to Cases and Materials a significant negative effect on its incentives consumer demand in that there was to innovate), the ECFI upheld that part of existence of separate consumer demand for the decision concerning interoperability. media players. In consequence of the tying, Tech Law Update consumers were unable to acquire the • European Court of First Instance Tying Windows OS without simultaneously Upholds EC Finding on Microsoft The ECFI considered that for tying to be acquiring Windows Media Player. In this respect, it did not matter that Microsoft did abusive — not charge a separate price for Windows (a) the undertaking concerned must have a At Play Media Player or that consumers were not dominant position on the market for the • ‘Tis the Season to be Giving obliged to use the Windows Media Player. tying product; • Party-perfect Recipe: Angel Hair The tying led to a weakening of competition (b) the tying product and the tied product Pasta with Sliced Abalone and Avruga in the media player market as it provided a must be two separate products; Roe disincentive for users to use third-party media • Exclusive Festive Treats for SAL (c) consumers must not have a choice to players and for OEMs to pre-install such members! obtain the tying product without the tied media players on client PCs. As there was • SAL Christmas Charity Project 2007: product; and no objective justification for the tying and Theatre Magic for Children (d) the practice must foreclose competition. the remedy imposed by the Commission to offer for sale a version of Windows without The ECFI found that all four conditions above Windows Media Player was proportionate, Announcements were satisfied. It was not disputed that the CFI upheld that part of the decision • Waiver of Annual Subscriptions Microsoft had a dominant position on the concerning tying. • SAL’s 20th Anniversary Diary

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Book Review The monitoring trustee • The Law on Corruption in Singapore: In the only victory for Microsoft on appeal, the ECFI annulled that part of the Commission’s Cases and Materials decision ordering Microsoft to submit a proposal for the appointment of a monitoring trustee exercising his own powers of investigation and capable of being called upon by third parties to act, as well as the decision requiring Microsoft to provide for all costs Tech Law Update associated with the appointment of the monitoring trustee. In doing so, the ECFI found • European Court of First Instance that the Commission had acted ultra vires. Upholds EC Finding on Microsoft The fine The EUR 497 million fine was upheld by the ECFI. At Play • ‘Tis the Season to be Giving Afternote: As at 23 October 2007, Microsoft had announced that it would not be appealing • Party-perfect Recipe: Angel Hair against and will comply with the CFI’s decision. Pasta with Sliced Abalone and Avruga Roe The author of this Tech Law Update, Cornie Ng, is a Deputy Director of the Competition • Exclusive Festive Treats for SAL Commission of Singapore, and a member of the Legal Service Commission’s Technology members! Law Core Group (“TLCG”). Formed in 2000, the TLCG aims to build up a corps of legal • SAL Christmas Charity Project 2007: service officers with special knowledge in information technology, and a deeper understanding Theatre Magic for Children of the legal issues arising from the adoption of new technologies.

Announcements • Waiver of Annual Subscriptions • SAL’s 20th Anniversary Diary

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Book Review ‘Tis the Season to be Giving “Give, and it will be given to you. A good measure, pressed down, shaken together and running over, • The Law on Corruption in Singapore: will be poured into your lap. For with the measure you use, it will be measured to you." (Luke 6:38) Cases and Materials Help make a sick child's wish come true. It could be a wish to see their favourite cartoon character live, to be a doctor for a day, or for a motorised wheelchair. The Make-A-Wish Tech Law Update Foundation helps children who are battling with life-threatening illnesses fulfil their wishes. • European Court of First Instance Visit www.makeawish.org.sg to find out how you or your organisation can make a difference. Upholds EC Finding on Microsoft Bring home a different type of guest for Christmas. Help foster a rescued animal till it finds its fur-ever home. At Play Rabbits: www.hrss.net | Cats: www.catwelfare.org | Dogs: www.asdsingapore.com • ‘Tis the Season to be Giving Make a free donation at your desk! About 24,000 people die every day from hunger • Party-perfect Recipe: Angel Hair or hunger-related causes but you can help to reduce that number simply by clicking the Pasta with Sliced Abalone and Avruga yellow "Click Here to Give – it's FREE" button at www.thehungersite.com. Roe Sponsor a child. For $45 a month, you can help an impoverished child have access to • Exclusive Festive Treats for SAL clean water, nutritious food, education, healthcare and a chance to break the poverty members! cycle. Visit www.worldvision.org.sg/st_sponsorchild.php for more details. • SAL Christmas Charity Project 2007: Send your clients personalised e-cards from Bizibody’s website (www.bizilaw.com) this Theatre Magic for Children festive season and they will donate 50% of the proceeds to TWC2, an organisation working to encourage greater consideration for migrant workers. Announcements Test your vocabulary and feed the needy at the same time. For each word you get • Waiver of Annual Subscriptions right, 10 grains of rice will be donated through the United Nations to help end world • SAL’s 20th Anniversary Diary hunger. The FreeRice vocabulary test is available at www.freerice.com.

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Book Review Angel Hair Pasta with Sliced Abalone and Avruga Roe Serves four • The Law on Corruption in Singapore: Cases and Materials Directions Cook pasta in salted water for about four minutes. Tech Law Update Cool down over running water. • European Court of First Instance Drain dry and marinate with mirin, canola Upholds EC Finding on Microsoft oil and mayonnaise. Roll with fork and place on plate, top At Play with sliced abalone and spoon roe on • ‘Tis the Season to be Giving top. • Party-perfect Recipe: Angel Hair Garnish with sprouts and drizzle with soy Pasta with Sliced Abalone and Avruga glaze. Roe Ingredients • Exclusive Festive Treats for SAL 1 packet angel hair pasta – blanched/cooked Recipe courtesy of The Academy Bistro's members! 50 ml mirin award-winning Executive Chef Jimmy Chok. • SAL Christmas Charity Project 2007: 30 ml canola oil A selection of yuletide fare specially Theatre Magic for Children 1 tbsp Japanese mayonnaise prepared by Jimmy will also be 1 tin abalone – sliced thinly available for takeaway at the bistro. 4 tsp Avruga roe Order forms are available at Announcements Daikon sprouts www.sal.org.sg/RegistrationForms/MBD/Bi • Waiver of Annual Subscriptions Dash of soy glaze stro.pdf – do place your orders early for a • SAL’s 20th Anniversary Diary Salt and pepper to taste hassle-free Christmas celebration!

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Book Review Exclusive Festive Treats for SAL members! • The Law on Corruption in Singapore: PLUS any of the following @ $45! Cases and Materials

Additional Bonus: Receive a complimentary TOUCHE festive bag with any purchase Tech Law Update above. FREE BodyFocus Body Evaluation and • European Court of First Instance Sensual Rosebud Polish (Worth $155) Upholds EC Finding on Microsoft Christmas Skin Glow (UP $478) (Inclusive Indulge in a luxurious full body scrub that of GST) rids dead skin cells, increases blood Consists of: At Play circulation, tones your skin and makes it (a) BioLight Whitening Treatment • ‘Tis the Season to be Giving glow with healthy radiance. (b) BioLight Neck Treatment • Party-perfect Recipe: Angel Hair An advanced breakthrough treatment that Pasta with Sliced Abalone and Avruga OR is based on research on melanogenesis and Roe source of skin surface alterations. Using patented electrostatic • Exclusive Festive Treats for SAL FREE VideoMax Skin Analysis and system technology, members! Whitening Hydro Eye Fusion Therapy this whitening skin • (Worth $155) SAL Christmas Charity Project 2007: treatment aims to Give your eyes the much needed care and Theatre Magic for Children achieve the positive pampering. This Enzyme Eye Treatment results of whitening, relieves fatigue and strain by erasing dark brightening, Announcements eye circles, puffiness and dryness around rejuvenation and • Waiver of Annual Subscriptions the eyes. protection of the skin. • SAL’s 20th Anniversary Diary

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Book Review Christmas Body Glow (UP $197) (Inclusive TOUCHE @ 27C Tanjong Pagar Rd #04- • The Law on Corruption in Singapore: of GST) 00 (Near Maxwell Food Center); Cases and Materials Consists of: tel: (65) 6221 6612 (a) AromaSpa Body Massage TOUCHE @ No 9 Tan Quee Lan Street (b) Aromatic Ear Candling Bliss #01-02/#02-07 TQL Suites (Opposite Tech Law Update Indulge in a luxurious full body scrub that rids Bugis Junction); tel: (65) 6238 0500 • European Court of First Instance dead skin cells, increases blood circulation, Terms & Conditions Upholds EC Finding on Microsoft tones your skin with natural rose and makes Valid for first-time customers aged 21 years it glow with healthy radiance. Rejuvenate and above only. Strictly for Singapore citizens and PR only. your body and spirit with our AromaSpa full At Play Valid till 31 Jan 2008. • ‘Tis the Season to be Giving body massage and Aromatic Ear Candling Advance booking is required. • Party-perfect Recipe: Angel Hair Bliss. You just need to lie back and experience Please present identity card for verification the relief of your tensions and restoration of purposes. Pasta with Sliced Abalone and Avruga Not valid with other offers, services and Roe your vitality under our expert hands. promotions. • Exclusive Festive Treats for SAL Treatment(s) to be done on a single visit. Each customer is entitled to one festive bag members! Outlets only, strictly with purchase of any of the • SAL Christmas Charity Project 2007: TOUCHE @ 390 Orchard Rd #04-02 above. Theatre Magic for Children Palais Renaissance (Opposite Hilton The management reserves the right to change the above conditions without prior Hotel); tel: (65) 6738 8441 notice. Announcements • Waiver of Annual Subscriptions • SAL’s 20th Anniversary Diary

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Book Review Terms & Conditions • The Law on Corruption in Singapore: Valid from 1 Dec 2007 to 1 Jan 2008 Cases and Materials (including Christmas Eve, Christmas Day, New Year's Eve and New Year's Day). SAL membership card must be presented Tech Law Update upon ordering. • European Court of First Instance Enjoy 15% off Buffets at the Award- Buffets include lunch, dinner, Uniquely Upholds EC Finding on Microsoft winning Oscar's at Conrad Centennial Singapore Lunch (Sat) and Amazing Graze Singapore Sunday Brunch. At Play Sumptuous Asian and international cuisine, Not valid in conjunction with other • ‘Tis the Season to be Giving together with traditional festive offerings to promotions, offers, discounts and vouchers. indulge your palate! To make a reservation, • Party-perfect Recipe: Angel Hair Prices are subject to 10% service charge and call (65) 6432 7481. Pasta with Sliced Abalone and Avruga prevailing government taxes. Roe • Exclusive Festive Treats for SAL members! • SAL Christmas Charity Project 2007: Theatre Magic for Children

Announcements • Waiver of Annual Subscriptions • SAL’s 20th Anniversary Diary

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Book Review • The Law on Corruption in Singapore: Cases and Materials Elements Body Massage @ $33 (60 minutes; UP $98) Tailored to treat the overworked body, this Tech Law Update deep tissue massage helps to reduce stress • European Court of First Instance and combat fatigue. Upholds EC Finding on Microsoft Diamond Dazzle Face Spa @ $43 (90 minutes; UP $145) Classic Pedicure @ $24 At Play Microdermabrasion exfoliates to reduce fine (45 minutes; UP $36) • ‘Tis the Season to be Giving lines, acne scars, pigmentation, boost For healthy beautiful feet, we’ll treat your • Party-perfect Recipe: Angel Hair collagen synthesis and aid healing. cuticles, scrub, massage, shape and polish your nails. This treatment is available only Pasta with Sliced Abalone and Avruga Enjoy the following services as an add-on or at the Cathay outlet. Roe on their own. Choice of one of the following: • Exclusive Festive Treats for SAL Private Heated Spa Pool @ $32 per couple members! Classic Manicure @ $16 (30 minutes) • SAL Christmas Charity Project 2007: (30 minutes; UP $23) Relaxing hydrotherapy with 44 Jacuzzi jets Theatre Magic for Children Pamper those overworked fingers to keep in a private spa room. This treatment is your hands looking great. We’ll treat your available only at the Cathay outlet. cuticles, shape and polish your nails, and Announcements finish with a moisturising massage. This Bonus! Bring along a friend for your friend • Waiver of Annual Subscriptions treatment is available only at the Cathay to enjoy the same promotion at the same • SAL’s 20th Anniversary Diary outlet. price.

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Book Review Outlets Limited to one choice of treatment per member; no multiple redemptions allowed. • The Law on Corruption in Singapore: Spa Elements @ Orchard #02-10/11/16 Treatments are applicable to both ladies and Cases and Materials Orchard Hotel Shopping Arcade; gentlemen, and subject to availability. tel: (65) 6733 3772 Please quote “SAL Christmas Promotion” when making appointment. Spa Elements @ The Cathay #03-19 Tech Law Update Surcharge of $8 is applicable for massage Cathay Building (Near Dhoby Ghaut • European Court of First Instance appointments made for weekends and public MRT); tel: (65) 6738 8008 holidays. Upholds EC Finding on Microsoft Please arrive 10 minutes before your Terms & Conditions appointment as treatment time will be shortened in the event of late arrival. At Play Valid for SAL members above 23 years old Elements reserves the right to charge the • and his/her friend who has not visited ‘Tis the Season to be Giving customer the value of the treatment (usual • Party-perfect Recipe: Angel Hair Elements in the past six months, and limited price) should the redemption be repeated. Pasta with Sliced Abalone and Avruga to Singaporeans and PRs only. Promotion is valid till 15 Feb 2008. Roe • Exclusive Festive Treats for SAL members! • SAL Christmas Charity Project 2007: Theatre Magic for Children

Announcements • Waiver of Annual Subscriptions • SAL’s 20th Anniversary Diary

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Book Review SAL Christmas Charity Project 2007: Theatre Magic for Children Friday, 7 December 2007, 10am–2.30pm, Supreme Court • The Law on Corruption in Singapore: Cases and Materials The Singapore Academy of Law Membership If you would like to help fulfil the wishes of and Social Committee is organising a charity the children, please visit Tech Law Update event on Friday, 7 December 2007 for www.sal.org.sg/RegistrationForms/MBD/C underprivileged children between 4 and 12 hristmasFlyer%20to%20members%20(3).pdf • European Court of First Instance years old from the Melrose Home. These for more details. We look forward to your Upholds EC Finding on Microsoft are children who require care or protection, support, and thank you in advance for or whose parents or family members are helping to make the wish of every unable to supervise or care for them. The At Play underprivileged child at our event programme is as follows: • ‘Tis the Season to be Giving come true! 9.00am Children leave Melrose Home for • Party-perfect Recipe: Angel Hair Singapore Repertory Theatre Pasta with Sliced Abalone and Avruga (“SRT”) Roe 10.00am Scrooge – The Musical at SRT • Exclusive Festive Treats for SAL 11.30am Post-show Meet the Cast at SRT members! 12.00pm Children leave SRT for Supreme • SAL Christmas Charity Project 2007: Court Theatre Magic for Children 12.15pm Lunch and activities (interactive drama and games) 2.00pm Distribution of gifts by Santa and Announcements Judge • Waiver of Annual Subscriptions 2.30pm Ends • SAL’s 20th Anniversary Diary

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Book Review Waiver of Annual Subscriptions

• The Law on Corruption in Singapore: This is a reminder to members that r 4 of (c) not be in the profession of law; or Cases and Materials the Singapore Academy of Law (“SAL”) (d) not be gainfully employed. Rules (Cap 294A, R1, 2002 Rev Ed) sets out the procedures for waiver of annual A member shall be deemed “not to be in Tech Law Update subscriptions. Comprehensive details relating the profession of law” where he does not • European Court of First Instance to the granting of waivers and have in force a practising certificate and is Upholds EC Finding on Microsoft the application process, as well as the not any of the following: relevant application form, may be found on (a) a member of the Senate; (b) a legal officer; At Play the SAL website under the Membership (c) a teacher in law at any university or • ‘Tis the Season to be Giving section at www.sal.org.sg. For enquiries, institution of higher learning; • Party-perfect Recipe: Angel Hair kindly call (65) 6332 4384 or e-mail (d) a person employed to perform legal [email protected] or fax to Pasta with Sliced Abalone and Avruga work or the duties of a lawyer by the Roe (65) 6333 9747. Government, a statutory body, a • Exclusive Festive Treats for SAL corporation or an unincorporated members! Grounds for waiver association; or • SAL Christmas Charity Project 2007: Members may apply for waiver of annual (e) such other person who, in the opinion Theatre Magic for Children subscriptions under r 4 (for any period of of the Executive Committee, is carrying not less than six months) if they will — on activities so closely connected to the (a) be continuously absent from Singapore; law or the profession of law as to be Announcements (b) not be ordinarily resident or domiciled regarded as being in the profession • Waiver of Annual Subscriptions in Singapore; of law. • SAL’s 20th Anniversary Diary

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Book Review Period of waiver • The Law on Corruption in Singapore: The minimum period of waiver is six months. Applications for waivers for any period less Cases and Materials than six months will be rejected.

Time frame allowed for application for waiver Tech Law Update An application for waiver shall be made in writing one month prior to or during the period • European Court of First Instance to which the application relates, and in any case not later than three months after the expiry Upholds EC Finding on Microsoft of each period of six months referred to.

Waiver expiry At Play There is no automatic renewal or extension of waiver. • ‘Tis the Season to be Giving • Party-perfect Recipe: Angel Hair The waiver application and waiver extension can be submitted via the members’ portal at Pasta with Sliced Abalone and Avruga www.sal.org.sg. Roe • Exclusive Festive Treats for SAL members! • SAL Christmas Charity Project 2007: Theatre Magic for Children

Announcements • Waiver of Annual Subscriptions • SAL’s 20th Anniversary Diary

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Book Review SAL’s 20th Anniversary Diary • The Law on Corruption in Singapore: Cases and Materials

Tech Law Update • European Court of First Instance Upholds EC Finding on Microsoft

At Play • ‘Tis the Season to be Giving • Party-perfect Recipe: Angel Hair Your postman will be coming soon with a letter. This letter contains details of a Member’s Pasta with Sliced Abalone and Avruga Diary that SAL has produced just for you. Here is a sneak preview of what you can expect Roe in the diary! • Exclusive Festive Treats for SAL members! • SAL Christmas Charity Project 2007: Theatre Magic for Children

Announcements • Waiver of Annual Subscriptions • SAL’s 20th Anniversary Diary Christmas décor in this issue courtesy of N.Design Studio at www.ndesign-studio.com.

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Bills Introduced in Parliament in Bills Introduced in Parliament in October

October The Geneva Conventions (Amendment) (d) to increase the penalty for offences Bill (No 41/2007) seeks to amend the Geneva committed under Pt III (Prevention of Conventions Act (Cap 117) for the following abuse of red cross and other emblems) Subsidiary Legislation Published in main purposes: from $1,000 to $10,000; and October and November (a) to give effect to Protocol III of the Geneva (e) to enable the Minister to appoint one or Conventions; more public officers as inspectors to Acts Brought into Operation in (b) to prohibit the unauthorised use of the investigate the commission of an offence November red crescent emblem, the red crystal under Pt III and provides for the powers emblem and the red lion and sun of such inspectors in carrying out emblem, in addition to the red cross investigations relating to such an offence. Revision of Acts emblem and the words “Red Cross” or “Geneva Cross”; The Bill also makes consequential and (c) to prohibit the use of any design which miscellaneous amendments to the Singapore resembles the red crescent emblem, the Red Cross Society (Incorporation) Act red cross emblem, the red crystal (Cap 304). emblem and the red lion and sun emblem, or the use of any words The National Registry of Diseases Bill (No resembling the words “Red Cross” or 42/2007) seeks to establish the National “Geneva Cross” as to be capable of Registry of Diseases and to provide for the By Joyce Chng and Emily Teo, being understood as referring to the red compilation of information on the incidence Legislation Division, Attorney- cross emblem; of certain diseases for use as a basis for the General’s Chambers

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Bills Introduced in Parliament in direction of programmes for disease programmes concerning any reportable October prevention and control. The Bill, amongst disease; other things — (d) empowers the Registrar to disclose — (a) provides for the establishment and (i) to a medical practitioner treating any Subsidiary Legislation Published in functions of the National Registry of person for a reportable disease, any October and November Diseases (“the Registry”), and for the individually-identifiable information appointment of the Registrar, Deputy of a medical nature held by the Registrar, Assistant Registrars and Registry concerning that person; and Acts Brought into Operation in Registry officers who are to be (ii) to a researcher any individually- November responsible for the administration of the identifiable information held by the Registry; Registry for the purpose of carrying (b) imposes on the manager of a healthcare out any medical, epidemiological or Revision of Acts institution the duty to notify the Registrar other form of public health research of cases in which a person has been concerning any reportable disease; diagnosed with or is undergoing and treatment for a reportable disease at the (e) provides that where any personal healthcare institution; information pertaining to persons (c) empowers the Registrar, with the suffering from any reportable disease approval of the Director of Medical had been collected by a specified entity Services (“the Director”), to disclose for the purposes of a national disease individually-identifiable information held registry before the date on which that by the Registry to any public officer or disease becomes a reportable disease By Joyce Chng and Emily Teo, any other person for the purpose of for the purposes of the Bill, the personal Legislation Division, Attorney- conducting national public health information so collected will be deemed General’s Chambers

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Bills Introduced in Parliament in to be personal information that has been not identify and is not reasonably capable October collected under and for the purposes of of being used to identify the person to the Bill in relation to that reportable disease. whom the information relates; (c) to provide that income derived by a Subsidiary Legislation Published in The Income Tax (Amendment No 2) Bill special purpose vehicle under any October and November (No 43/2007) seeks to implement the tax approved Islamic debt securities changes announced in the Government’s arrangement entered into on or after Acts Brought into Operation in 2007 Budget Statement and to amend the 17 February 2006 will be deemed to be November Income Tax Act (Cap 134) for the following derived at the end of the arrangement main purposes: by the originator of the arrangement; (a) to provide explicitly that the Comptroller (d) to extend tax exemption to interest Revision of Acts of Income Tax (“the Comptroller”) may derived from qualifying project debt disclose to a public officer or an officer securities which are issued during the of a statutory board for the administration period from 1 November 2006 to 31 of any written law or public scheme, or December 2008, to discount, to a person engaged by the Government prepayment fee, redemption premium or a statutory board for the administration and break cost from qualifying project of such law or scheme, information debt securities issued during the period relating to any person with his consent; from 15 February 2007 to 31 December (b) to enable the Comptroller to furnish 2008, and to other prescribed income By Joyce Chng and Emily Teo, information to the Government or any directly attributable to qualifying project Legislation Division, Attorney- statutory board, for a statistical or debt securities issued on or after a General’s Chambers research purpose, in a manner that does prescribed date, subject to conditions;

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Bills Introduced in Parliament in (e) to extend, subject to conditions, tax a prescribed date, by any individual October exemption to prepayment fee, where such income is not derived redemption premium and break cost through a partnership in Singapore or from qualifying debt securities issued from the carrying on of a trade, business Subsidiary Legislation Published in during the period from 15 February 2007 or profession; October and November to 31 December 2008, and to other (g) to extend tax exemption to interest prescribed income directly attributable derived from money held on deposit in to qualifying debt securities issued on an approved bank in Singapore by a Acts Brought into Operation in non-resident person (not being an or after a prescribed date, derived by November individual or permanent establishment any non-resident person who does not in Singapore) who carries on any have a permanent establishment in operation in Singapore through a Singapore, or who carries on an Revision of Acts permanent establishment in Singapore, operation in Singapore through such a provided that the funds used by that permanent establishment but did not person to make the deposit are not use funds from the operation to acquire obtained from that operation; the securities; (h) to extend tax exemption to income (f) to extend tax exemption to prepayment derived by a qualifying non-resident fee, redemption premium and break cost person from any structured product (the from any debt securities derived on or contract for which, including any renewal after 15 February 2007, and to other or extension, takes effect during a By Joyce Chng and Emily Teo, prescribed income directly attributable specified period) offered by a financial Legislation Division, Attorney- to any debt securities derived on or after institution; General’s Chambers

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Bills Introduced in Parliament in (i) to provide for tax exemption on trust (such income would be charged to October prescribed income derived by a trustee tax as income of the beneficiaries of the of a prescribed trust fund from funds trust and not as income of the trustee of managed in Singapore by a prescribed the trust). Subsidiary Legislation Published in fund manager; October and November (j) to provide for a tax exemption on the The Bill also makes consequential qualifying income of an approved law amendments to the Economic Expansion Acts Brought into Operation in practice from the rendering of legal Incentives (Relief from Income Tax) Act November services in connection with any (Cap 86). international arbitration the hearing of which is held in Singapore, subject to The Central Provident Fund (Amendment Revision of Acts conditions; No 2) Bill (No 44/2007) seeks to amend the (k) to reduce the tax rate from 20% to 18% Central Provident Fund Act (Cap 36) for the for companies, trustees (other than trustees following main purposes: of incapacitated persons), executors and (a) to modify certain arrangements under non-resident persons who are not the Act relating to interest; individuals or Hindu joint families; and (b) to extend the purposes for which a (l) to provide tax transparency treatment retirement account is maintained; to certain other income distributed by (c) to provide for the establishment of the the trustee of a real estate investment Workfare Income Supplement Scheme By Joyce Chng and Emily Teo, trust, and to certain income distributed and for matters connected there with; Legislation Division, Attorney- by the trustee of an approved sub-trust (d) to extend the MediShield Scheme to General’s Chambers to the trustee of a real estate investment cover the payment of costs incurred by

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Bills Introduced in Parliament in an insured person for medical services proceedings, hearings and investigations October received by him; and in respect of employees who are (e) to empower the Central Provident Fund transferred to A*STAR; Board to engage in the compilation of (c) to explain the status of contracts and Subsidiary Legislation Published in information relating to members. proceedings relating to the national October and November metrology centre and the property, The Agency for Science, Technology and assets, interests, rights, privileges, Research (Amendment) Bill (No 45/2007) Acts Brought into Operation in liabilities, obligations and employees seeks to amend the Agency for Science, transferred to A*STAR; and November Technology and Research Act (Cap 5A) for (d) to empower A*STAR to take disciplinary the following main purposes: action against any employee transferred (a) to transfer the functions, powers, to it for any misconduct or neglect of duty Revision of Acts property, assets, interests, rights, during his employment with SPRING. privileges, liabilities, obligations and employees of the Standards, Productivity and Innovation Board (“SPRING”) The Bill also makes consequential relating to its national metrology centre amendments to the Health Sciences to the Agency for Science, Technology Authority Act (Cap 122C), the Standards, and Research (“A*STAR”); Productivity and Innovation Board Act (b) to provide for the continuation and (Cap 303A) and the Weights and Measures completion of pending disciplinary Act (Cap 349).

By Joyce Chng and Emily Teo, Legislation Division, Attorney- General’s Chambers

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Bills Introduced in Parliament in Subsidiary Legislation Published in October and November October The Secondhand Goods Dealers Rules (iii) any item purchased by him that falls 2007 (GN No S 551/2007, wef 1 December within the description of certain parts Subsidiary Legislation Published in 2007) provides, amongst other things — of the Schedule to the Secondhand October and November (a) that an applicant for a licence may elect Goods Dealers Act 2007 (Act 4 of to be issued with an ordinary licence or 2007); and Acts Brought into Operation in a temporary licence, which shall be valid (iv) any pawn ticket purchased or sold for a period of one year or 30 days by him; and November respectively from the date stated therein, (d) for the duties of secondhand goods unless revoked or suspended; dealers before purchasing or selling Revision of Acts (b) that a secondhand goods dealer shall secondhand goods. not, without the prior approval of the Licensing Officer, change the types of The Secondhand Goods Dealers secondhand goods which he deals in; (Exemption) Order 2007 (GN No S 553/2007, (c) that every secondhand goods dealer wef 1 December 2007) provides for the shall keep in his shop records of certain exemption of a secondhand goods dealer particulars with respect to — from having to obtain a licence under s 4 of (i) each of the secondhand goods the Secondhand Goods Dealers Act 2007 purchased or sold by him; (Act 4 of 2007) for the purpose of dealing in By Joyce Chng and Emily Teo, (ii) every person from whom he secondhand goods at any particular premises, Legislation Division, Attorney- purchased or to whom he sold the Uniform Resource Locator or e-mail address General’s Chambers secondhand goods; if he satisfies certain conditions.

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Bills Introduced in Parliament in The Secondhand Goods Dealers a record of every complaint received by October (Exemption of Licensed Pawnbrokers) him pertaining to the medical device and Order 2007 (GN No S 554/2007, wef produce such record for inspection by 1 December 2007) provides that the the Authority or an enforcement officer Subsidiary Legislation Published in provisions of the Secondhand Goods Dealers as and when required by the Authority October and November Act 2007 (Act 4 of 2007) shall not apply to or enforcement officer; a secondhand goods dealer who holds a (c) that every manufacturer, importer or valid licence granted under s 8(1) of the wholesaler of a medical device shall, Acts Brought into Operation in Pawnbrokers Act (Cap 222). upon becoming aware of any event or November other occurrence that reveals any defect The Health Products (Medical Devices) in the medical device or that concerns Regulations 2007 (GN No S 563/2007, wef any adverse effect arising from the use Revision of Acts 1 November 2007) provides, amongst other thereof, report the event or occurrence things — to the Authority within the specified (a) that every manufacturer, importer or periods; and wholesaler of a medical device shall keep (d) that every manufacturer, importer or records of any supply made by him of the wholesaler of a medical device shall, medical device and produce such records before carrying out the recall of a medical for inspection by the Health Sciences device, notify the Authority of the Authority (“the Authority”) or an intended recall, and shall furnish to the enforcement officer as and when required Authority — by the Authority or enforcement officer; (i) a preliminary report stating the reasons By Joyce Chng and Emily Teo, (b) that every manufacturer, importer or for the recall within 24 hours from the Legislation Division, Attorney- wholesaler of a medical device shall keep commencement of the recall; and General’s Chambers

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Bills Introduced in Parliament in (ii) a final report on the recall within 21 be compounded by the Monetary Authority October days from the date of of Singapore in accordance with s 41A(1) of commencement of the recall or such the Act. longer period as the Authority may Subsidiary Legislation Published in allow. The Property Tax (Residential Properties) October and November (Remission) Order 2007 (GN No The Land Titles (Strata) (Notice of S 602/2007, wef 1 January 2008) provides Acts Brought into Operation in Rescission) Regulations 2007 (GN No that subject to the provisions of the Order, November S 570/2007, wef 26 October 2007) sets out there shall be allowed for the period from the notice of rescission that may be used by 1 January 2008 to 31 December 2009, a a subsidiary proprietor to rescind his remission of an amount of $100 of the annual Revision of Acts agreement to be a party to a collective sale property tax payable in respect of any — agreement. (a) owner-occupied dwelling-house to which the Property Tax (Rate for Owner- The Monetary Authority of Singapore Occupied Residential Premises) Order (Composition of Offences) Regulations (Cap 254, O 10) applies; and 2007 (GN No S 589/2007, wef 1 November (b) vacant land to which the Property Tax 2007) provides that any offence under the (Residential Premises under Construction) Monetary Authority of Singapore Act (Cap (Remission) Order (Cap 254, O 17) 186) which is punishable with a fine only may applies. By Joyce Chng and Emily Teo, Legislation Division, Attorney- General’s Chambers

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Bills Introduced in Parliament in Acts Brought into Operation in November October Inquiries Act 2007 (Act 43 of 2007) (wef 1 November 2007 by GN No S 560/2007)

Subsidiary Legislation Published in Health Products Act 2007 (Act 15 of 2007) (wef 1 November 2007 by GN No S 562/2007 October and November except Pt XIV)

Accounting Standards Act 2007 (Act 39 of 2007) (wef 1 November 2007 by GN No Acts Brought into Operation in S 565/2007) November

Monetary Authority of Singapore (Amendment No 2) Act 2007 (Act 42 of 2007) Revision of Acts (wef 1 November 2007 by GN No S 588/2007)

Constitution of the Republic of Singapore (Amendment) Act 2007 (Act 31 of 2007) (Sections 2, 8, 9 and 11 wef 1 November 2007 by GN No S 592/2007)

Public Service Commission (Amendment) Act 2007 (Act 32 of 2007) (wef 1 November 2007 by GN No S 593/2007)

Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) (Amendment) Act 2007 (Act 44 of 2007) (wef 1 November 2007 by GN No S 594/2007) By Joyce Chng and Emily Teo, Legislation Division, Attorney- General’s Chambers

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Bills Introduced in Parliament in Revision of Acts October The Law Revision Commissioners have prepared and published, in loose-leaf form, a revised edition of the following Acts, incorporating amendments up to 1 October 2007 Subsidiary Legislation Published in (wef 31 October 2007 by GN No S 567/2007): October and November (a) Casino Control Act (Cap 33A); (b) Charities Act (Cap 37); and (c) National Research Fund Act (Cap 201A). Acts Brought into Operation in November

Revision of Acts

By Joyce Chng and Emily Teo, Legislation Division, Attorney- General’s Chambers

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Administrative Law Administrative Law proceedings — Whether defendants filing Judicial review — Fettering of discretion and defence before hearing of stay of court Arbitration abrogation of responsibility — Registrar of proceedings application amounting to “step Civil Procedure Vehicles having statutory discretion to in the proceedings” — Other options Commercial Transactions determine duty paid on imported available to defendants not being “step in Companies cars — Adopted policy of basing duty the proceedings” — Section 6(1) Arbitration payable on Singapore Customs’ Act (Cap 10, 2002 Rev Ed) Conflict of Laws valuation — Whether Registrar entitled Contract to adopt policy — Whether Registrar Go Go Delicacy Pte Ltd v Carona Holdings Credit and Security failing to consider if exceptions should be Pte Ltd and others (No 2) [2007] SGHC 165 made — Whether responsibility abrogated Criminal Procedure and to Customs — Rule 7(3) Road Traffic (Motor Civil Procedure Sentencing Vehicles, Registration and Licensing) Rules Production of documents — Objections — Damages (Cap 276, 2004 Rev Ed) Admissions — Failure to object to documents in defendant’s bundle of Family Law Komoco Motors Pte Ltd v Registrar of documents — Whether admission Insolvency Law Vehicles and another [2006] SGHC 74 deemed — Court ordering Land otherwise — Order 27 r 4(1) Rules of Court Legal Profession Arbitration (Cap 322, R 5, 2006 Rev Ed) Stay of court proceedings — Whether Limitation of Actions defendants required to file defence Bank Austria Creditanstalt AG v Go Dante Tort after applying for stay of court Yap [2007] SGCA 44 Words and Phrases

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Administrative Law Interim orders — Wife applying for execution Stay of proceedings — Plaintiff serving of court order pending appeal — Husband 48-hour notice requiring defendants to file Arbitration failing to hand over possession and rental defence after defendants applied for stay of Civil Procedure proceeds of matrimonial home — Whether proceedings — Whether defendants required to file defence before hearing of stay of Commercial Transactions wife entitled to interim relief proceedings application Companies ET v ES [2007] SGHC 152 Go Go Delicacy Pte Ltd v Carona Holdings Conflict of Laws Jurisdiction — Inherent — Court of Appeal Pte Ltd and others (No 2) [2007] SGHC 165 Contract unable to consider issue without hearing Commercial Transactions oral evidence — Whether appeal ought to Credit and Security Sale of goods — Breach of be struck out and matter remitted to court contract — Damages for breach of Criminal Procedure and below for reconsideration contract — Plaintiff purchasing capacitors Sentencing from defendant and re-selling them to Bank Austria Creditanstalt AG v Go Dante third-party — Components causing third party Damages Yap [2007] SGCA 44 to suffer damage — Plaintiff held responsible Family Law for damages and settling third party's Stay of proceedings — Majority of Insolvency Law claim — Whether defendant liable to pay defendants not party to agreement plaintiff amount paid under settlement with Land containing arbitration clause — Whether third party — Whether damages claimed were Legal Profession stay of proceedings could be granted and too remote as defendant not told of purpose all parties compelled to arbitrate disputes Limitation of Actions for use of the capacitors

Tort Go Go Delicacy Pte Ltd v Carona Holdings Britestone Pte Ltd v Smith & Associates Far Words and Phrases Pte Ltd and others (No 2) [2007] SGHC 165 East, Ltd [2007] SGCA 47

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Administrative Law Companies agreed to pay premium and administrative Directors — Duties — Directors of fee — Whether there was comprehensive Arbitration plaintiff also having interest in final settlement — Whether plaintiff decided Civil Procedure defendant-company — Whether directors to forego rights issues Commercial Transactions breached fiduciary duties to plaintiff and Companies breached ss 162 and 163 Companies Act Teck Jin (Pte) Ltd v Tan Kim Seng [2007] by causing plaintiff to advance moneys to SGHC 151 Conflict of Laws defendant-company such that plaintiff Contract suffered loss as result — Whether loan within Conflict of Laws Credit and Security the meaning of ss 162 and 163 Companies Choice of jurisdiction — Stay of Act extends beyond loans in the conventional proceedings on ground of forum non Criminal Procedure and sense — Sections 157, 162, 163 Companies conveniens — No governing law clause in Sentencing Act (Cap 50, 1994 Rev Ed) oral agreement — Whether Hong Kong was Damages proper forum after separate action had been Creanovate Pte Ltd and another v Firstlink heard in Hong Kong — Circumstances where Family Law Energy Pte Ltd and another appeal [2007] court would grant a stay Insolvency Law SGCA 45 Land Novus International Pte Ltd v Good Earth Legal Profession Shares — Shares held on trust — Plaintiff Agricultural Co Ltd [2007] SGHC 143 sought declaration defendant was Limitation of Actions trustee for plaintiff of shares in different Contract Tort companies — Whether defendant held Contractual terms — Conditions — Whether Words and Phrases shares on trust for plaintiff — Whether plaintiff defendant-company's failure to fulfil

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Administrative Law conditions precedent under agreement with that sale of shares was invalid, null and plaintiff-company amounted to total failure void — Whether mortgagee bank failed Arbitration of consideration — Whether plaintiff entitled to discharge duties as pledgee — Whether Civil Procedure to refund of moneys advanced to defendant pledged shares in fact sold at Commercial Transactions undervalue — Whether pledged shares sold Creanovate Pte Ltd and another v Firstlink pursuant to conspiracy or by unlawful means Companies Energy Pte Ltd and another appeal [2007] Conflict of Laws SGCA 45 Beckkett Pte Ltd v Deutsche Bank AG and Contract another [2007] SGHC 153 Contractual terms — Dispute over dividend Credit and Security payouts and expenses claimed by plaintiff Criminal Procedure and Sentencing Criminal Procedure and — Precise terms of the oral agreement via conduct of parties — Whether company Mitigation — Accused pleaded guilty to Sentencing intended to be incorporated as commercial charge of culpable homicide not amounting Damages vehicle to hold investment on trust for to murder — Accused’s only antecedent took place in 1979 — Accused starting Family Law investors quarrel but not inflicting the first Insolvency Law Chia Koh Kee v HX Investment Pte Ltd [2007] blow — Accused turning 50 years old in six Land SGHC 164 months — Appropriate sentence to be Legal Profession imposed Credit and Security Limitation of Actions Mortgage of personal property — Stocks Public Prosecutor v Teo Chwee Kow [2007] Tort and shares — Pledgor seeking declaration SGHC 163 Words and Phrases

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Administrative Law Damages Whether settlement reached was reasonable Measure of damages — Tort — Conversion and could be relied on as reflecting actual loss Arbitration — Measure of damages being reasonable suffered by plaintiff — Considerations to be Civil Procedure sum for hire during period of detention — taken into account in assessing reasonableness Commercial Transactions Whether quantum of damages for period of of settlement detention measured by taking rates for Companies individual components — Measure and Britestone Pte Ltd v Smith & Associates Far Conflict of Laws quantum of damages for items lost East, Ltd [2007] SGCA 47 Contract Erect Scaffolding Pte Ltd v Hor Kew Pte Ltd Family Law Credit and Security [2007] SGHC 160 Custody — Care and control — Whether Criminal Procedure and appropriate to vest wife with decision-making Measure of damages — Tort — Plaintiffs’ only responsibility should parties fail to agree Sentencing children killed in road accident — Appeal Damages against assistant registrar’s award of damages ET v ES [2007] SGHC 152 — Whether claim for nervous shock should Family Law be allowed — Whether award for loss of Maintenance — Wife — Whether lump sum Insolvency Law dependency should be adjusted — Whether order appropriate Land claim for cost of fertility treatment should be allowed ET v ES [2007] SGHC 152 Legal Profession

Limitation of Actions Man Mohan Singh s/o Jothirambal Singh and Matrimonial assets — Division — Whether Tort another v Dilveer Singh Gill s/o Shokdarchan income derived from non-matrimonial assets Singh and another [2007] SGHC 149 during marriage constituted matrimonial Words and Phrases

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Administrative Law asset — Sections 112(1), 112(2), 112(10) Land Women's Charter (Cap 353, 1997 Rev Ed) Registration of title — Land Titles Arbitration Act — Whether registered transfer and Civil Procedure ET v ES [2007] SGHC 152 subsequent mortgage of property valid despite forgery of transferors’ Commercial Transactions Matrimonial assets — Division — Whether signatures — Whether mortgagee’s solicitor there should be equal division of Companies so wilfully blind as to be assisting in fraud assets — Whether profits derived from sale and undue influence by transferors’ Conflict of Laws proceeds and rental income of properties disposed of during marriage should be solicitors — Sections 46, 160 Land Titles Act Contract excluded from computation of matrimonial (Cap 157, 2004 Rev Ed) Credit and Security assets — Whether adverse inference should be drawn and its impact on division Malayan Banking Berhad v Sivakolunthu Criminal Procedure and Thirunavukarasu and others [2007] SGHC Sentencing Au Kin Chung v Ho Kit Joo [2007] SGHC 150 161

Damages Insolvency Law Legal Profession Family Law Winding up — Main contractor Duties — Failure to exercise proper under creditors’ voluntary winding supervision over employees and other Insolvency Law up — Management Corporation applying staff — Failing to exercise adequate for leave to commence legal proceedings Land supervision over employees — Rule 8(1) against main contractor — Whether Legal Profession application for leave should be granted Legal Profession (Professional Conduct) Rules (Cap 161, R 1, 2000 Rev Ed) Limitation of Actions MCST Plan No 2677 v Hock Chuan Ann Tort Construction Pte Ltd (in liquidation) [2007] Law Society of Singapore v Tan Chwee Wan Words and Phrases SGHC 162 Allan [2007] SGHC 156

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Administrative Law Show cause action — Client certificate — Whether time began to run from account — Lawyer’s secretary erroneously date on which cause of action accrued or Arbitration depositing client’s moneys into office account date when owner had knowledge that Civil Procedure resulting in lawyer wrongfully withdrawing architects were negligent in issuing other clients’ moneys from client termination certificate — Sections 6 and Commercial Transactions account — Mistake not corrected until 24A(3) Limitation Act (Cap 163, 1996 Rev Ed) Companies bookkeeper raised matter at directors’ meeting several months later — Lawyer not Lian Kok Hong v Ow Wah Foong and another Conflict of Laws dishonest — No client suffered any [2007] SGHC 158 Contract loss — Lawyer voluntarily ceased practice after he became aware of the Tort Conspiracy — Company and director as Credit and Security breaches — Appropriate co-conspirators — Company overcharged sentence — Sections 83(2)(b), 83(2)(j) Legal Criminal Procedure and customer — Director knew of over Profession Act (Cap 161, 2001 Rev Ed), rr 3, Sentencing charging — Director was moving spirit of 7 Legal Profession (Solicitors' Accounts) Rules company — Whether company had separate Damages (Cap 161, R 8, 1999 Rev Ed) mind so as to conspire with own director Family Law Law Society of Singapore v Tan Chwee Wan Nagase Singapore Pte Ltd v Ching Kai Huat Insolvency Law Allan [2007] SGHC 156 and others [2007] SGHC 169 Land Limitation of Actions Words and Phrases Legal Profession When time begins to run — Action in “Order” — Section 29A(1) Supreme Court Limitation of Actions contract and tort against architects for of Judicature Act (Cap 322, 1999 Rev Ed) failure to supervise construction project Tort and wrongful issuance of interim Bank Austria Creditanstalt AG v Go Dante Words and Phrases certificate of payment and termination Yap [2007] SGCA 44

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January

mon tue wed thur fri sat sun 1 2 3 4 5

6 7 8 9 10 11 12 13 14 15 16 17 18 calendar 20 21 22 23 24 25 26 December 2007 27 28 29 30

TRAININGS AND WORKSHOPS CALENDAR FROM DECEMBER 2007

DATE TOPIC SPEAKER(S)/TRAINER(S) ORGANISER(S)

18 Jan (Fri) Equity and Corporate Insolvency Mr Andrew Chan, Allen & Faculty of Law, 2.30pm–5.30pm Gledhill; Mr Lee Eng Beng, NUS and LES Rajah & Tann; Dr Wee Meng Seng and Mr Tey Tsun Hang, both of Faculty of Law, National University of Singapore

12 Feb (Tue) SAL Expert Series: Life as a Singapore Corporate Counsel LES 12.15pm–2.00pm Corporate Counsel Association (SCCA)

18, 19 Feb (Mon, Tue) Mediation: Strategic Conflict Mr Loong Seng Onn and SMC 9.00am–5.00pm Management for Professionals Ms Carol Liew

20, 21, 22, 25 Feb Associate Mediator Accreditation Mr Loong Seng Onn and SMC (Wed, Thu, Fri, Mon) Course Ms Carol Liew 9.00am–5.00pm

25 Feb (Mon) Court Practice and Procedure The Honourable Sir Gavin School of Law, 2.30pm–5.00pm (Mediation) Lightman, Royal Courts of SMU and LES Justice, UK, Chancery Division

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January

mon tue wed thur fri sat sun 1 2 3 4 5

6 7 8 9 10 11 12 13 14 15 16 17 18 calendar 20 21 22 23 24 25 26 December 2007 27 28 29 30

DATE TOPIC SPEAKER(S)/TRAINER(S) ORGANISER(S)

8, 9 May (Thu, Fri) Mediation: Strategic Conflict Mr Loong Seng Onn and SMC 9.00am–5.00pm Management for Professionals Ms Carol Liew

Please note that all information is correct at the time of publication. While every effort is made to retain the original arrangements, changes may sometimes be necessary. Details on select events may be found on the Academy’s website at www.sal.org.sg.

For enquiries and more information, please contact the respective organisers: Professional Affairs/Membership Affairs (PAC): Rebecca Sit at tel: (65) 6332 0078 or [email protected] LawNet Training Centre (LTC): Seri Adilia at tel: (65) 6332 4256 or Aida Bte Abdul Rahman at tel: (65) 6332 4382 or [email protected] Legal Education and Studies (LES): Alexis Ong at tel: (65) 6332 4149 or [email protected] Singapore Mediation Centre (SMC): Survinder Kaur at tel: (65) 6332 4213 or [email protected]

For more information on the SMC courses above, please visit www.mediation.com.sg/pdf/SMCTraining2007.pdf.

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