SAL Annual Report 2010
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Annual Report 2010 - 2011 Contents
Annual Report 2010 - 2011 Contents 2 Foreword by the Attorney-General 6 Remembrance and Congratulations 10 Our Mission, Vision and Core Values 13 Our Roles 15 Our Corporate Structure A. AGC’s Management Team B. Six Legal Divisions and Two Non-Legal Divisions 29 Our Key Milestones A. As The Government’s Chief Legal Adviser and Counsel i. AGC’s Advisory Work ii. AGC’s Involvement in Litigation iii. AGC in Negotiations iv. AGC as Legislative Draftsman B. As Public Prosecutor C. In Performing Other Assigned Duties of a Legal Character D. Our Corporate Resources 61 Our Training, Development and Outreach 67 The Ties that Bind Us 71 Key Figures for 2010-2011 A. Corporate Awards B. Performance Indicators C. Financial Indicators for FY2010-FY2011 Attorney-General’s Chambers ANNUAL REPORT 2010 - 2011 1 FOREWORD BY THE ATTORNEY-GENERAL As we look back on these past years, the taxation policies and policies concerning adjust to these changes so that we can function perceptible increase in the complexity of our casino regulation. Cross-Divisional teams effectively. work is particularly striking. This growing were also engaged to deal with cases before complexity has in turn given rise to two the Singapore Courts when we were required With this in mind, I have intensified the consequences, which I elaborate on below. to address constitutional challenges and also commitment of my Chambers to the training, to defend Singapore’s judiciary in the face of development and specialisation of our officers contempt. so that we are well placed to support the THE NEED FOR Government with the highest level of legal iNTER-dIVISIONAL This is perhaps a reality that is ultimately to be services. -
This Paper Has Been Published in the Journal of Business Law and The
Supreme Court of Singapore, 1 Supreme Court Lane, Singapore 178879, t: (65)-6332-1020 _________________________________________________________________________________________________ This paper has been published in the Journal of Business Law and the Supreme Court Library Queensland gratefully acknowledges the permission of the editor, Professor Robert Merkin, to reprint it in the Yearbook. A version of this essay was delivered at the Current Legal Issues Seminar in the Banco Court on 12 September 2013. I would like to express my deepest appreciation to Ms Andrea Gan and Mr Jonathan Yap, Justices’ Law Clerks, Supreme Court of Singapore, as well as to Asst Prof Goh Yihan of the Faculty of Law, National University of Singapore, for their helpful comments and suggestions. I would also like to dedicate this essay to all the participants who displayed an extraordinary (and, I might add, rare) degree of enthusiasm and (above all) friendship. All errors remain mine alone. Further, all views expressed in this essay are personal views only and do not reflect the views of the Supreme Court of Singapore. Andrew Phang Our Vision: Excellence in judicial education and research. Our Mission: To provide and inspire continuing judicial learning and research to enhance the competency and professionalism of judges. The Challenge of Principled Gap-Filling — A Study of Implied Terms in a Comparative Context by The Honourable Justice Andrew Phang Boon Leong* There has been a veritable wealth of literature on implied terms — ranging from doctoral theses1 to book chapters,2 articles3 and (more recently) a book.4 What accounts for this interest? Perhaps the simplest explanation is that it is an extremely important topic with at least two important functions — one substantive, the other theoretical. -
Minlaw) Invited Applications for the Second Round of Qualifying Foreign Law Practice (QFLP) Licences on 1 July 2012
PRESS RELEASE AWARD OF THE SECOND ROUND OF QUALIFYING FOREIGN LAW PRACTICE LICENCES The Ministry of Law (MinLaw) invited applications for the second round of Qualifying Foreign Law Practice (QFLP) licences on 1 July 2012. Twenty-three applications were received by the closing date of 31 August 2012. 2 QFLP licences will be awarded to the following four firms (listed in alphabetical order): Gibson, Dunn & Crutcher; Jones Day; Linklaters, and Sidley Austin. 3 The firms will have up to six months from 1 April 2013 to commence their operations as QFLPs, and their licences will be valid for an initial period of five years from the respective start dates. Background 4 The QFLP scheme was introduced in 2008 following the recommendations of the Committee to Develop the Legal Sector chaired by Justice V K Rajah. The Committee, which included senior lawyers from top local firms, assessed that local firms and local lawyers would benefit from the increased foreign presence and competition over time. 5 The QFLP licences allow Foreign Law Practices (FLPs) to practise in permitted areas of Singapore law1. The scheme seeks to support the growth of key economic sectors, grow the legal sector, as well as to offer additional 1 Permitted areas are all areas except domestic areas of litigation and general practice, for example, criminal law, retail conveyancing, family law and administrative law. The QFLPs can practise the permitted areas through Singapore-qualified lawyers with practising certificates or foreign lawyers holding the foreign practitioner certificate. 1 opportunities for our lawyers. A total of six FLPs2 were awarded QFLP licences in the first round in 2008. -
The Development of Singapore Law: a Bicentennial Retrospective1
(2020) 32 SAcLJ 804 (Published on e-First 8 May 2020) THE DEVELOPMENT OF SINGAPORE LAW: A BICENTENNIAL RETROSPECTIVE1 The present article reviews (in broad brushstrokes) the status of Singapore law during its bicentennial year. It is not only about origins but also about growth – in particular, the autochthonous or indigenous growth of the Singapore legal system (particularly since the independence of Singapore as a nation state on 9 August 1965). The analysis of this growth is divided into quantitative as well as qualitative parts. In particular, the former constitutes an empirical analysis which attempts – for the very first time − to tell the development of Singapore law through numbers, building on emerging techniques in data visualisation and empirical legal studies. Andrew PHANG Judge of Appeal, Supreme Court of Singapore. GOH Yihan Professor of Law, School of Law, Singapore Management University. Jerrold SOH Assistant Professor of Law, School of Law, Singapore Management University; Co-Founder, Lex Quanta. I. Introduction 1 The present article, which reviews (in broad brushstrokes) the status of Singapore law during its bicentennial year since the founding of Singapore by Sir Stamford Raffles in 1819, is of particular significance as English law constitutes the foundation of Singapore law. The role of Raffles and his successors, therefore, could not have been more directly 1 All views expressed in the present article are personal views only and do not reflect in any way the views of the Supreme Court of Singapore, the Singapore Management University or Lex Quanta. Although this article ought, ideally, to have been published last year, the immense amount of case law that had to be analysed has led to a slight delay. -
Contract Law Chee Ho THAM Singapore Management University, [email protected]
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Institutional Knowledge at Singapore Management University Singapore Management University Institutional Knowledge at Singapore Management University Research Collection School Of Law School of Law 2007 Contract law Chee Ho THAM Singapore Management University, [email protected] Pearlie KOH Singapore Management University, [email protected] Pey Woan LEE Singapore Management University, [email protected] Follow this and additional works at: https://ink.library.smu.edu.sg/sol_research Part of the Asian Studies Commons, and the Contracts Commons Citation THAM, Chee Ho; KOH, Pearlie; and LEE, Pey Woan. Contract law. (2007). Singapore Academy of Law Annual Review of Singapore Cases. 8, 150-195. Research Collection School Of Law. Available at: https://ink.library.smu.edu.sg/sol_research/347 This Journal Article is brought to you for free and open access by the School of Law at Institutional Knowledge at Singapore Management University. It has been accepted for inclusion in Research Collection School Of Law by an authorized administrator of Institutional Knowledge at Singapore Management University. For more information, please email [email protected]. 150 SAL Annual Review (2007) 8 SAL Ann Rev 10. CONTRACT LAW Pearlie KOH LLB (Hons) (National University of Singapore), LLM (University of Melbourne); Advocate and Solicitor (Singapore); Associate Professor, Singapore Management University, School of Law. THAM Chee Ho LLB (Hons) (National University of Singapore), BCL (Oxford); Solicitor (England and Wales), Advocate and Solicitor (Singapore), Attorney and Counsellor-at-Law (New York State); Associate Professor, Singapore Management University, School of 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. -
Rule of Law Without Democratization: Cambodia and Singapore in Comparative Perspective
Griffith Asia Institute Research Paper Rule of Law without Democratization: Cambodia and Singapore in Comparative Perspective Stephen McCarthy and Kheang Un ii About the Griffith Asia Institute The Griffith Asia Institute produces relevant, interdisciplinary research on key developments in the politics, security and economies of the Asia-Pacific. By promoting knowledge of Australia’s changing region and its importance to our future, the Griffith Asia Institute seeks to inform and foster academic scholarship, public awareness and considered and responsive policy making. The Institute’s work builds on a long Griffith University tradition of providing multidisciplinary research on issues of contemporary significance in the region. Griffith was the first University in the country to offer Asian Studies to undergraduate students and remains a pioneer in this field. This strong history means that today’s Institute can draw on the expertise of some 50 Asia–Pacific focused academics from many disciplines across the university. The Griffith Asia Institute’s ‘Research Papers’ publish the institute’s policy-relevant research on Australia and its regional environment. The texts of published papers and the titles of upcoming publications can be found on the Institute’s website: www.griffith.edu.au/asiainstitute ‘Rule of Law without Democratization: Cambodia and Singapore in Comparative Perspective’ 2018 iii About the Authors Stephen McCarthy Stephen McCarthy is a Senior Lecturer in South East Asian politics in the School of Government and International Relations and a member of the Griffith Asia Institute at Griffith University. He received his PhD in political science from Northern Illinois University and has published widely on Burmese politics and South East Asia in international journals including The Pacific Review, Asian Survey, Pacific Affairs, Democratization and International Political Science Review. -
The Evolution of the Singapore Criminal Justice Process
(2019) 31 SAcLJ 1042 (Published on e-First 23 July 2019) THE EVOLUTION OF THE SINGAPORE CRIMINAL JUSTICE PROCESS This article analyses the Singapore criminal justice process in the context of Herbert Packer’s Crime Control and Due Process models. It begins by analysing the features and goals of the two models before applying them to recent changes and developments in the Singapore criminal justice system. The article will focus in particular on developments in societal attitudes and values, legislative and executive policy, detention without trial, amendments to the Criminal Procedure Code (Cap 68, 2012 Rev Ed), the statement of facts in guilty-plea cases, Kadar disclosure and the judicial discretion to exclude evidence. Following an analysis of these developments, the article will then assess the change in balance between the two models in the Singapore criminal justice system as well as comment on the trend and future of our criminal justice process. Keith Jieren THIRUMARAN LLB (Hons) (National University of Singapore) I. Introduction 1 The criminal justice process is the backbone of society that provides the context in which the substantive criminal law operates. The process includes all the activities “that operate to bring the substantive law of crime to bear (or to keep it from coming to bear)” on accused persons.1 In his seminal book2 and article,3 Herbert Packer espoused two renowned models that elucidate the framework for analysing the criminal justice process: the Crime Control Model and the Due Process Model. This article will analyse the unique Singapore criminal justice process to determine where it currently lies on the spectrum between the two models. -
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 -
OPENING of the LEGAL YEAR 2021 Speech by Attorney-General
OPENING OF THE LEGAL YEAR 2021 Speech by Attorney-General, Mr Lucien Wong, S.C. 11 January 2021 May it please Your Honours, Chief Justice, Justices of the Court of Appeal, Judges of the Appellate Division, Judges and Judicial Commissioners, Introduction 1. The past year has been an extremely trying one for the country, and no less for my Chambers. It has been a real test of our fortitude, our commitment to defend and advance Singapore’s interests, and our ability to adapt to unforeseen difficulties brought about by the COVID-19 virus. I am very proud of the good work my Chambers has done over the past year, which I will share with you in the course of my speech. I also acknowledge that the past year has shown that we have some room to grow and improve. I will outline the measures we have undertaken as an institution to address issues which we faced and ensure that we meet the highest standards of excellence, fairness and integrity in the years to come. 2. My speech this morning is in three parts. First, I will talk about the critical legal support which we provided to the Government throughout the COVID-19 crisis. Second, I will discuss some initiatives we have embarked on to future-proof the organisation and to deal with the challenges which we faced this past year, including digitalisation and workforce changes. Finally, I will share my reflections about the role we play in the criminal justice system and what I consider to be our grave and solemn duty as prosecutors. -
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.