SAL Annual Report 2013
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The Rule of Law and Urban Development
The Rule of Law and Urban Development The transformation of Singapore from a struggling, poor country into one of the most affluent nations in the world—within a single generation—has often been touted as an “economic miracle”. The vision and pragmatism shown by its leaders has been key, as has its STUDIES URBAN SYSTEMS notable political stability. What has been less celebrated, however, while being no less critical to Singapore’s urban development, is the country’s application of the rule of law. The rule of law has been fundamental to Singapore’s success. The Rule of Law and Urban Development gives an overview of the role played by the rule of law in Singapore’s urban development over the past 54 years since independence. It covers the key principles that characterise Singapore’s application of the rule of law, and reveals deep insights from several of the country’s eminent urban pioneers, leaders and experts. It also looks at what ongoing and future The Rule of Law and Urban Development The Rule of Law developments may mean for the rule of law in Singapore. The Rule of Law “ Singapore is a nation which is based wholly on the Rule of Law. It is clear and practical laws and the effective observance and enforcement and Urban Development of these laws which provide the foundation for our economic and social development. It is the certainty which an environment based on the Rule of Law generates which gives our people, as well as many MNCs and other foreign investors, the confidence to invest in our physical, industrial as well as social infrastructure. -
Opening of the Legal Year 2019
ISSUE 01 • MAY 2019 OPENING OF THE LEGAL STATE COURTS TOWERS: FAMILY JUSTICE COURTS YEAR 2019: THE NEXT STRUCTURAL WORKS WORKPLAN 2019: CHAPTER IN OUR JOURNEY COMPLETED EVERY OUTCOME – A WAY FORWARD JUDICIARY TIMES • MAY 2019 02 HIGHLIGHTS OPENING OF THE LEGAL YEAR 2019: HIGHLIGHTS THE NEXT CHAPTER Opening of the Legal Year 2019: 01 The Next Chapter in Our Journey IN OUR JOURNEY State Courts Towers: 03 Structural Works Completed Family Justice Courts Workplan 2019: 04 Every Outcome – A Way Forward EVENTS & INITIATIVES State Courts Workplan 2019: 05 2020 and Beyond Supreme Court Strategic Compass 06 2019 - 2022 SICC Conference 07 Judicial Insolvency Network Meeting 07 The 2nd Asean Family Judges Forum 08 CAPS Dialogue with Family Service 08 Centres Family Mediation Symposium 09 State Courts Re-appoint Volunteer 09 Mediators The Executive Leadership Programme 10 Led by The Honourable the Chief Justice Sundaresh Menon, the Supreme Court Bench adorned their ceremonial robes to Counter-terrorism Exercise at the 11 herald the Opening of Legal Year on 7 January at the Supreme Supreme Court Court Auditorium. Invited guests from the legal community, including legal luminaries from abroad, were addressed by Free Food and Books Available in 11 Chief Justice, Attorney-General Lucien Wong, and Mr Gregory the Courthouse Vijayendran, SC, President of the Law Society, who took stock of the work done in the past year, and set out the directions ahead. Read the full response at: www.supremecourt.gov.sg/news/speeches/ NOTABLE VISITS 12 In his address, Chief Justice exhorted the legal community to shift their collective attention to prepare themselves for a Bringing the day’s event to a close, dramatically changing legal landscape that is being reshaped Chief Justice and Mrs Menon hosted WHAT’S NEW? 15 by three significant forces: globalisation, technology, and the the annual Judiciary Dinner at the growing commercialisation of the law. -
SOL LLM Brochure 2021 Copy
SMU – Right in the Heart of Asia’s Hub, Singapore Masters of Laws In the dynamic, cosmopolitan hub that is Singapore, you will find a vibrant city-state that pulses with the diversity of both East and West. LL.M. in Judicial Studies Situated at the cross-roads of the world, Singapore is home to multinational companies and thousands of small and medium-sized LL.M. in Cross-border Business and Finance Law in Asia enterprises flourishing in a smart city renowned for its business excellence and connectivity. With its strong infrastructure, political Dual LL.M. in Commercial Law (Singapore & London) stability and respect for intellectual property rights, this City in a Garden offers you unique opportunities to develop as a global citizen. Thorough. Transnational. Transformative. Tapping into the energy of the city is a university with a difference — the Singapore Management University. Our six schools: the School of Accountancy, Lee Kong Chian School of Business, School of Computing and Information Systems, School of Economics, Yong Pung How School of Law, and School of Social Sciences form the country’s only city campus, perfectly sited to foster strategic links with businesses and the community. Modelled after the University of Pennsylvania’s Wharton School, SMU generates leading-edge research with global impact and produces broad-based, creative and entrepreneurial leaders for a knowledge-based economy. Discover a multi-faceted lifestyle right here at SMU, in the heart of Singapore. The SMU Masters Advantage GLOBAL RECOGNITION SMU is globally recognised as one of the best specialised universities in Asia and the world. -
331KB***Administrative and Constitutional
(2016) 17 SAL Ann Rev Administrative and Constitutional Law 1 1. ADMINISTRATIVE AND CONSTITUTIONAL LAW THIO Li-ann BA (Oxon) (Hons), LLM (Harvard), PhD (Cantab); Barrister (Gray’s Inn, UK); Provost Chair Professor, Faculty of Law, National University of Singapore. Introduction 1.1 In terms of administrative law, the decided cases showed some insight into the role of courts in relation to: handing over town council management to another political party after a general election, the susceptibility of professional bodies which are vested with statutory powers like the Law Society review committee to judicial review; as well as important observations on substantive legitimate expectations and developments in exceptions to the rule against bias on the basis of necessity, and how this may apply to private as opposed to statutory bodies. Many of the other cases affirmed existing principles of administrative legality and the need for an evidential basis to sustain an argument. For example, a bare allegation of bias without evidence cannot be sustained; allegations of bias cannot arise when a litigant is simply made to follow well-established court procedures.1 1.2 Most constitutional law cases revolved around Art 9 issues. Judicial observations on the nature or scope of specific constitutional powers were made in cases not dealing directly with constitutional arguments. See Kee Oon JC in Karthigeyan M Kailasam v Public Prosecutor2 noted the operation of a presumption of legality and good faith in relation to acts of public officials; the Prosecution, in particular, is presumed “to act in the public interest at all times”, in relation to all prosecuted cases from the first instance to appellate level. -
Chief Justice Sundaresh Menon
RESPONSE BY CHIEF JUSTICE SUNDARESH MENON OPENING OF THE LEGAL YEAR 2018 Monday, 8 January 2018 Mr Attorney, Mr Vijayendran, Members of the Bar, Honoured Guests, Ladies and Gentlemen: I. Introduction 1. It is my pleasure, on behalf of the Judiciary, to welcome you all to the Opening of this Legal Year. I particularly wish to thank the Honourable Chief Justice Prof Dr M Hatta Ali and Justice Takdir Rahmadi of the Supreme Court of the Republic of Indonesia, the Right Honourable Tun Md Raus Sharif, Chief Justice of Malaysia, and our other guests from abroad, who have made the effort to travel here to be with us this morning. II. Felicitations 2. 2017 was a year when we consolidated the ongoing development of the Supreme Court Bench, and I shall begin my response with a brief recap of the major changes, most of which have been alluded to. 1 A. Court of Appeal 3. Justice Steven Chong was appointed as a Judge of Appeal on 1 April 2017. This was in anticipation of Justice Chao Hick Tin’s retirement on 27 September 2017, after five illustrious decades in the public service. In the same context, Justice Andrew Phang was appointed Vice-President of the Court of Appeal. While we will feel the void left by Justice Chao’s retirement, I am heartened that we have in place a strong team of judges to lead us forward; and delighted that Justice Chao will continue contributing to the work of the Supreme Court, following his appointment, a few days ago, as a Senior Judge. -
Singapore C of a on Consideration in Variation of Contracts.Pdf
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2020] SGCA 106 Civil Appeal No 45 of 2019 Between Ma Hongjin … Appellant And SCP Holdings Pte Ltd … Respondent In the matter of HC/Suit No 765 of 2016 Between Ma Hongjin … Plaintiff And (1) SCP Holdings Pte Ltd (2) Biomax Technologies Pte Ltd … Defendants GROUNDS OF DECISION [Contract] — [Consideration] — [Necessity] [Contract] — [Consideration] — [Failure] [Contract] — [Variation] — [Consideration] [Civil Procedure] — [Pleadings] [Civil Procedure] — [No case to answer] TABLE OF CONTENTS INTRODUCTION............................................................................................1 BACKGROUND ..............................................................................................4 THE DECISION BELOW ..............................................................................7 THE PARTIES’ ARGUMENTS ON APPEAL.............................................9 ISSUES ............................................................................................................10 OUR DECISION ............................................................................................11 ISSUE 1: THE APPLICABLE TEST UPON A SUBMISSION OF NO CASE TO ANSWER ........................................................................................................11 ISSUE 2: WHETHER THE APPELLANT HAD ADEQUATELY PLEADED THAT THE SA WAS SUPPORTED BY CONSIDERATION ...............................................16 ISSUE 3: WHETHER CL 9.3 OF THE CLA DISPENSED WITH THE NEED FOR FRESH CONSIDERATION -
4 Comparative Law and Constitutional Interpretation in Singapore: Insights from Constitutional Theory 114 ARUN K THIRUVENGADAM
Evolution of a Revolution Between 1965 and 2005, changes to Singapore’s Constitution were so tremendous as to amount to a revolution. These developments are comprehensively discussed and critically examined for the first time in this edited volume. With its momentous secession from the Federation of Malaysia in 1965, Singapore had the perfect opportunity to craft a popularly-endorsed constitution. Instead, it retained the 1958 State Constitution and augmented it with provisions from the Malaysian Federal Constitution. The decision in favour of stability and gradual change belied the revolutionary changes to Singapore’s Constitution over the next 40 years, transforming its erstwhile Westminster-style constitution into something quite unique. The Government’s overriding concern with ensuring stability, public order, Asian values and communitarian politics, are not without their setbacks or critics. This collection strives to enrich our understanding of the historical antecedents of the current Constitution and offers a timely retrospective assessment of how history, politics and economics have shaped the Constitution. It is the first collaborative effort by a group of Singapore constitutional law scholars and will be of interest to students and academics from a range of disciplines, including comparative constitutional law, political science, government and Asian studies. Dr Li-ann Thio is Professor of Law at the National University of Singapore where she teaches public international law, constitutional law and human rights law. She is a Nominated Member of Parliament (11th Session). Dr Kevin YL Tan is Director of Equilibrium Consulting Pte Ltd and Adjunct Professor at the Faculty of Law, National University of Singapore where he teaches public law and media law. -
NIE News September 2013.Pdf
An Institute of Distinction September 2013 No.85 ISSN 0218-4427 GROWING EXCELLENCE 3 CORPORATE DEVELOPMENT Latest campus news 14 SPECIAL FEATURE Teachers’ Investiture Ceremony July 2013 RESEARCH 20 Highlights on experts and projects A member of An Institute of INTERNATIONAL ALLIANCE of LEADING EDUCATION INSTITUTES Editorial Team: Associate Professor Jason Tan Eng Thye, Patricia Campbell, Monica Khoo, Julian Low NIE News is published quarterly by the Public International and Alumni Relations CONTENTS Department, National Institute of Education, CORPORATE DEVELOPMENT Staff Welfare Recreation Fund Singapore. Malay Values and Graces Camp 3 Committee Activities 19 Design by Graphic Masters & Advertising Asian Regional Association for Pte Ltd Home Economics Congress 2013 4 SPECIAL FEATURE NIE News is also available at: www.nie.edu.sg/nienews Learning Week for Staff 4 Teachers’ Investiture Ceremony July 2013 14 - 15 If you prefer to receive online versions English Language and Literature of NIE News, and/or wish to update your particulars please inform: Postgraduate Conference 2013 5 RESEARCH Arts Education Talk 5 The Editorial Team, NIE News C J Koh Professorial Lecture – 1 Nanyang Walk, Singapore 637616 NIE Art Collection Launch 6 Professor Linda Darling-Hammond 20 Tel: +65 6790 3034 Visual and Performing Arts Farewell Professor Fax: +65 6896 8874 Academic Group hosts A. Lin Goodwin 21 Email: [email protected] Hong Kong Institute of LSL academics and staff clinch Education visitors 7 more awards 22 Prominent Visitors 8 - 9 9th Asia-Pacific -
OPENING of the LEGAL YEAR 2019 Speech by Attorney-General
OPENING OF THE LEGAL YEAR 2019 Speech by Attorney-General, Mr Lucien Wong, S.C. Monday, 7 January 2019 Supreme Court Building, Level Basement 2, Auditorium May it please Your Honours, Chief Justice, Judges of Appeal, Judges and Judicial Commissioners of the Supreme Court, Introduction: AGC in Support of the Government, for the People 1 2018 was a fast-paced year for the Government and for the Attorney-General’s Chambers. The issues occupying the thoughts of Singapore’s leaders were complex and varied, with several key themes coming to the fore. These themes shaped our work over the past year, as we strove to be a strategic partner in support of the Government’s plans and initiatives, for the benefit of our country and its citizens. I will touch on three of these themes. 2 The first theme was our Smart Nation. This initiative aims to tap on the ongoing digital revolution in order to transform Singapore through technology. The Smart Nation vision is for Singapore to be a world-class leader in the field of digital innovation, resting on the triple pillars of a digital economy, digital government, and digital society. The Smart Nation revolution will play a critical part in ensuring our continued competitiveness on the world stage, powered by digital innovation. 1 3 Data sharing was and continues to be a critical aspect of this initiative. To this end, a new law was passed in 2018 which introduced a data sharing regime among different agencies in the Singapore Government. The Public Sector (Governance) Act 2018, which was drafted by our Chambers in support of this initiative, underpins and formalises a data sharing framework for the Singapore public sector. -
Michael Green QC, Fountain Court
Finance, Property and Business Litigation in a Changing World 25-26 April 2013 Supreme Court Auditorium Organisers: Finance, Property and Business Litigation in a Changing World Plenary Session 1: Finance Litigation Chairperson Mr Alvin Yeo SC , WongPartnership LLP Speakers Ms Geraldine Andrews QC, Essex Court Chambers Mr Peter de Verneuil Smith, 3Verulam Buildings Mr Hri Kumar Nair SC, Drew & Napier LLC FINANCIAL DERIVATIVES LITIGATION Geraldine Andrews Q.C. Essex Court Chambers The 2008 financial crisis Sept-Oct 2008 – the eye of the storm • 7th Sept - Freddie Mac and Fannie Mae effectively nationalized by US Government. • 14th Sept - Merrill Lynch shotgun wedding to Bank of America amidst fears of liquidity crisis • 15th Sept - Lehman Bros filed for Chapter 11 Bankruptcy protection. Periodically thereafter various of its subsidiaries did the same, including, on 3 Oct, LBSF, the dedicated subsidiary for derivative transactions. • 17th Sept - AIG, the USA䇻s largest insurer, was bailed out by US Govt with a loan of $85bn (insufficient funds to meet its CDS insurance obligations) Geraldine Andrews QC, Essex Court Chambers FINANCE, PROPERTY AND BUSINESS LITIGATION IN A CHANGING WORLD Sept-Oct 2008 – the eye of the storm • 17th Sept – Lloyds TSB takes over HBOS following a run on HBOS shares • 25th Sept – Washington Mutual sold to JP Morgan Chase for $1.9bn. • 3 Oct – US Congress approves 700bn bailout of the banks – the biggest financial rescue in US history. • 6-10 Oct - The worst week for the global stock market for 75 years. The Dow Jones index lost 22.1%, its worst week on record. Geraldine Andrews QC, Essex Court Chambers FINANCE, PROPERTY AND BUSINESS LITIGATION IN A CHANGING WORLD Sept-Oct 2008 – the eye of the storm • 7 Oct - Icelandic banking system collapses • 11 Oct Highest volatility day recorded in the 112 year history of the Dow Jones Industrial Average. -
[2020] SGCA 108 Civil Appeal No 34 of 2019 Between (1) BRS … Appellant and (1) BRQ (2) BRR … Respondents in the Matter of Or
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2020] SGCA 108 Civil Appeal No 34 of 2019 Between (1) BRS … Appellant And (1) BRQ (2) BRR … Respondents In the matter of Originating Summons No 770 of 2018 Between (1) BRS … Plaintiff And (1) BRQ (2) BRR … Defendants Civil Appeal No 35 of 2019 Between (1) BRQ (2) BRR … Appellants And (1) BRS … Respondent In the matter of Originating Summons No 512 of 2018 Between (1) BRQ (2) BRR … Plaintiffs And (1) BRS (2) BRT … Defendants JUDGMENT [Arbitration] — [Award] — [Recourse against award] — [Setting aside] — [Whether three-month time limit extended by request for correction] [Arbitration] — [Award] — [Recourse against award] — [Setting aside] — [Breach of natural justice] TABLE OF CONTENTS INTRODUCTION............................................................................................1 BACKGROUND FACTS ................................................................................2 THE PARTIES ...................................................................................................3 THE SPA.........................................................................................................3 THE BULK POWER TRANSMISSION AGREEMENT .............................................6 DELAYS IN THE PROJECT AND COST OVERRUN ...............................................6 THE ARBITRATION...........................................................................................7 Relief sought...............................................................................................8 -
Chief Justice's Foreword
CHIEF JUSTICE’S FOREWORD As I have said on previous occasions, the Judiciary together with community partners, launched the is the custodian of the sacred trust to uphold first part of a Witness Orientation Toolkit to help the rule of law. To this end, it must not only hand prepare vulnerable witnesses for their attendance down judgments which are fair and well-reasoned, in court. Similarly, the Family Justice Courts worked but also ensure that justice is accessible to all, closely with the Family Bar to publish, earlier this for it is only by so doing that it can command the January, the second edition of The Art of Family trust, respect and confidence of the public. This Lawyering, which is an e-book that hopes to is indispensable to the proper administration of encourage family lawyers to conduct proceedings justice. in a manner that reduces acrimony between the parties, focuses on the best interests of the child, This One Judiciary Annual Report will provide an and conduces towards the search for meaningful overview of the work done by the Supreme Court, long-term solutions for families. the State Courts and the Family Justice Courts in 2018 to enhance our justice system to ensure that it On the international front, we continued to continues to serve the needs of our people. expand our international networks. Regionally, we deepened our engagement with ASEAN by playing host to a series of events involving the ASEAN legal community and will continue our outreach as Strengthening Our Justice System Both of Social Sciences School of Law to develop the I see through the rest of my term as President of The Road Ahead Within and Without law school’s curriculum and the design of its Legal the ASEAN Law Association.