ATTORNEY-GENERAL’S CHAMBERS ANNUAL REPORT 2018 CONTENTS
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ATTORNEY-GENERAL’S ORGANISATIONAL ACTING AS MESSAGE PROFILE THE GOVERNMENT’S LEGAL ADVISER
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PROTECTOR OF THE REPRESENTING KEEPER OF THE PUBLIC INTEREST SINGAPORE’S INTERESTS SINGAPORE STATUTE ABROAD BOOK
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DEVELOPING AGC’S COMMITMENT TO LEGAL PROFESSIONALS CORPORATE SOCIAL AND EXECUTIVES RESPONSIBILITY AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
As the guardian of the public interest and ATTORNEY- the steward of the rule of law, AGC’s work reflects the dedication and commitment to public service that the 600-strong AGC GENERAL’S staff display every day, even in the face of increasing workloads and increasingly MESSAGE complex cases.
2018 was a fast-paced and busy both of which resulted in constructive year for AGC. We strove to make fair outcomes that safeguarded Singapore’s prosecutorial decisions, provide quality interests. We also advised and supported advice to our Government clients, draft the Government in the hosting of the clear and accessible legislation and inaugural Trump-Kim Summit in June safeguard Singapore’s interests. 2018. AGC fostered closer ties with our regional counterparts, hosting As the Public Prosecutor, we hold the a successful Meeting of Attorneys- important position of being the guardian General in July 2018 – the first such of the public interest. Hard decisions, meeting in almost 30 years. which may not be popular, have to be taken in the wider public interest. Justice Closer to home, AGC held the inaugural must be even-handed; we do not seek to Public Sector Legal Forum in November 02 win every case nor do we always ask for 2018, which brought together the 03 the highest sentence. More importantly, community of public sector lawyers we do not regard the accused as our from ministries and statutory boards. adversary. At the same time, we have We continued our engagements taken a strong stand in the protection with our stakeholders in 2018 and of vulnerable victims, such as minors, supported the community through the elderly and domestic workers. It is various activities, such as the Attorney- important that AGC stand up and speak General’s Challenge Cup, which involved for victims without a voice. a friendly soccer match between AGC, the Criminal Bar and ex-convicts from In 2018, we were a key partner in the the Yellow Ribbon Project. Singapore Public Service’s drive to become a Smart Nation. We drafted Our law drafters continued to draft legislation for several bills, including legislation to support the policies of those to facilitate more efficient data the Government. Compared to 2017, we sharing and more robust cyber security. saw an average increase of 53.8% more We provided advice on policies relating pages of legislation drafted in 2018. to a National Digital Identity System as well as electronic payments and As the guardian of the public interest transactions. We also led evidence in and the steward of the rule of law, the Committee of Inquiry (COI) for AGC’s work reflects the dedication and the SingHealth cyber-attack and put commitment to public service that the forward 16 recommendations that were 600-strong AGC staff display every day, all accepted by the COI. even in the face of increasing workloads and increasingly complex cases. AGC On the international front, AGC officers will continue to do what is fair and right advised the Government on several for Singapore and its people. significant issues, including the Pedra Branca cases before the International Mr Lucien Wong Court of Justice and the High Speed Rail Attorney-General linking Singapore and Kuala Lumpur, AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018 III ABOUT THE Representing Singapore’s V ATTORNEY- Interests Abroad by advising the Government on international Developing AGC’s GENERAL’S law, representing Singapore at international negotiations and dispute settlement matters, Legal Professionals and handling mutual legal assistance And Executives CHAMBERS and extradition requests by launching competency frameworks and leadership and management VI AGC’s Mission training for legal officers Serving Singapore’s interests Committing To and upholding the rule of Corporate Social law through sound advice, Responsibility effective representation, fair and independent prosecution by fostering strong relationships and accessible legislation within the legal community, contributing back to society, and saving the environment
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Acting As The Government’s Legal Adviser
by rendering legal advice to the Government, drafting and vetting contracts and legal documents, and representing the Government in court proceedings, negotiations and dispute resolution hearings IV
II Acting As Keeper Of The Singapore Statute Book Protecting The Public’s Interest by drafting laws, providing legislative consultancy to the Government and all public sector agencies, law publication by taking a strong stand against perpetrators of crime, being an and database management for the public, making laws more advocate for vulnerable victims, ensuring even-handed justice, understandable for Singaporeans, and sharing and providing and assisting the courts in establishing sentencing frameworks assistance on legislative drafting expertise AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
Mrs Koh Juat Jong was acting Attorney- General before Mr Sundaresh Menon was ATTORNEYS-GENERAL OF sworn in as Attorney-General in October 2010. Mr Menon laid the groundwork for several initiatives, such as the Code 2010 SINGAPORE of Practice for the conduct of criminal proceedings, increasing access to defence counsel for those wrongfully accused, and mental health screening for offenders. When Mr Steven Chong took over in Following Singapore’s independence in 2012, he further developed the Code 1965, Mr Ahmad Bin Mohamad Ibrahim of Practice for the conduct of criminal was appointed the first Attorney-General 2012 proceedings. Mr Chong also launched 1965 of Singapore. Apart from playing a huge what became known as the Appropriate role in the merger talks with Malaya, Adults Scheme, and improved AGC’s he also drafted the Women’s Charter, public communications efforts. Intestate Succession Act, Administration of Muslim Law Act, and other statutes that During his term, Mr V K Rajah introduced formed the foundation of the Singapore initiatives to improve institutional legal system. efficiency and strengthen specialist prosecutorial capabilities. As Attorney- Mr Tan Boon Teik took on the role as General, he helmed a committee which 2014 acting Attorney-General in 1967 before proposed recommendations to the assuming the role officially in 1968. Government on developing the legal Mr Tan went on to serve for 25 years, sector in Singapore. He also introduced making him Singapore’s longest-serving 1968 digital platforms that prosecutors could Attorney-General. He worked alongside use to increase productivity. the country’s founding fathers in laying the groundwork for Singapore to grow as a young nation, and developed the legal landscape. The current Attorney-General is 06 Mr Chan Sek Keong served for 14 years 2017 Mr Lucien Wong, who assumed office 07 as Attorney-General and made valuable on 14 January 2017. changes to the legal landscape. In 1993, he persuaded the Government to enact the 1992 Application of English Law Act (Cap 7A) to remove uncertainties surrounding the application of English law to Singapore. He also enhanced AGC’s capabilities by strengthening the Civil and Criminal Divisions, and setting up the International Affairs Division. Mr Chao Hick Tin played an integral ORGANISATIONAL role in the Pedra Branca case, as part of the team presenting Singapore’s oral arguments at The Hague in 2007. During STRUCTURE OF AGC IN 2018 his tenure, the Constitution of the Republic of Singapore (Amendment) 2006 Bill 2007, the Passports Bill 2007 and the Land Acquisition (Amendment) Attorney-General Bill 2007 were also introduced in Parliament. Mr Chao was also one of Deputy Attorney-General Deputy Attorney-General the founding members of the ASEAN Law Association. Mr Walter Woon saw the benefits of reaching out and maintaining close Solicitor-General relations with law schools to draw talent. As Attorney-General, he also 2008 introduced an alternative to prosecution, Civil Criminal Financial Advocacy International Legislation AGC Corporate the conditional warning, and helped set Division Justice and Group Affairs Division Academy Services up the Centre for International Law at Division Technology Division Division the National University of Singapore to Crime improve international law expertise in Division Singapore and the region. AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
As the Government’s legal adviser, AGC plays a vital role in ACTING AS protecting and advancing the Government’s interests, facilitating THE GOVERNMENT’S the administration of justice and upholding the rule of law.
LEGAL ADVISER PROVIDING SOUND ADVICE ON GOVERNMENT INITIATIVES Significant Legal Advices Rendered Notable advices rendered include the following: 6 attendances at Court of Appeal hearings for civil matters MYINFO STEERING NATIONAL TRADE COMMITTEE PLATFORM 308 attendances at other Advised the MyInfo Steering Committee Provided legal advice relating to final- 10,691 court hearings for civil on legal matters, including terms of stage implementation of the National pieces of legal advice matters service for the MyInfo service and Trade Platform. rendered in total Representing The addition of various new data items to Government In Court 34 MyInfo. Advised and assisted in negotiations Proceedings, Negotiations attendances at land on the agreement which Singapore And Dispute Resolution acquisition hearings Advised the Ministry of Social and Family Customs will be entering into with Hearings Development on data collection, storage service providers and business users. and sharing matters in the proposed Family Status Register, a database that 08 will establish and enable sharing of 09 family ties of individuals (both blood and legal ties).
Providing Sound Advice Acting As Protector On Government Initiatives Of Charities ELIMINATION OF SMART NATION WET-INK SIGNATURES
Under the Digital Government Blueprint Continued to provide strong legal issued in June 2018, all Government support on various aspects of the services should be offering digital Smart Nation initiative, including the signature options by 2023. development of the National Digital Identity, a digital transaction system for Rendered advice to various agencies on Singapore residents and businesses to policies relating to the implementation liaise with the Government and private of electronic records and signatures, as sector conveniently and securely. Dealing With Matters Drafting And Vetting Representing well as on the Electronic Transactions Relating To The Legal Contracts And Legal The Government In Act (Cap 88, 2011 Rev Ed). Profession Act Documents Disciplinary Inquiries Of Public Officers
11,127 Increase in complex pages for transactions with transactional matters many requiring drafted/reviewed bespoke drafting AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
DRAFTING AND VETTING CONTRACTS AND LEGAL DOCUMENTS In 2018, AGC handled requests from the Government for the negotiation, drafting and reviewing of a wide range of contractual and legal documents: EXAMPLES OF INNOVATION DRAFTING AND VETTING OF CONTRACTS AND LEGAL DOCUMENTS AGC produced a prototype “contract template generator” Confidentiality for the Instruction Manual Tender Funding and and non- (Procurement) Conditions documents for collaborating disclosure procurement agreements of Contract for Goods and agreements Services, which allows government procurement Lease entities to select and assemble Loan Scholarship agreements their preferred contractual agreements agreements and licences terms with greater ease. The prototype generator was rolled out by the MOF in July 2018.
AGC also looked into a service automation software solution as a long-term solution to AGC officers demonstrating the contract template Significant Drafting Work Undertaken improve on the generator. generator prototype to officers from the Government Significant pieces of drafting undertaken by AGC include: Technology Agency during a client engagement session
ALIGNING TEMPLATE PROCUREMENT DOCUMENTS WITH THE TRIPARTITE STANDARD ON CONTRACTING WITH SELF-EMPLOYED PERSONS 10 11 One recommendation put forth by AGC assisted the Ministry of Finance the Tripartite Workgroup in charge of (MOF) with amending the template REPRESENTING THE GOVERNMENT IN CIVIL identifying and addressing common documents for the procurement of PROCEEDINGS AND HEARINGS challenges faced by self-employed goods and services to align them with persons was the Tripartite Standard on the Tripartite Standard. Contracting with Self-Employed Persons (Tripartite Standard).
The Tripartite Standard addresses cases where service buyers default on REPRESENTING payments to self-employed persons THE after a job was completed. GOVERNMENT Court proceedings Public law litigation instituted by and against matters (such the Government as constitutional challenges)
AUTONOMOUS TRUCK PLATOONING REQUEST FOR PROPOSAL
AGC supported the Ministry of The RFP also sets out training and Transport (acting in concert with PSA technology transfer requirements, Corporation Limited) in the issuance and along with options for the scaling up implementation of a Request for Proposal of truck platooning deployments across Private law civil litigation Negotiations and (RFP) seeking submissions on local trials Singapore. matters (such as contract, dispute resolution for truck platooning technology. land and recovery of hearings public moneys) AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
Significant Litigation Cases Handled Some of the more significant litigation matters handled by AGC included:
TAX WONG SOUK YEE V ATTORNEY-GENERAL [2018] SGHC 80
The Attorney-General successfully Halimah Yacob vacated her seat to ARW V COMPTROLLER RE TAY YEW resisted a constitutional challenge contest in the 2017 Presidential Election. OF INCOME TAX AND BENG PETER; RE brought by Dr Wong Souk Yee for a ATTORNEY-GENERAL THOMAS HAEUSLER by-election to be called in Marsiling-Yew Wong Souk Yee’s appeal was dismissed by the Court of Appeal. [2018] SGCA 85 (UNREPORTED) Tee Group Representation Constituency, after Member of Parliament Madam The Comptroller of Income Tax had These were the first leave commenced a civil suit to recover applications brought by disqualified tax refunds claimed by a company. directors under s 155A of the The company denied liability and Companies Act (Cap 50, 2006 Rev applied for disclosure of various Ed), which imposes an automatic internal documents generated by disqualification on directors who the Inland Revenue Authority of have three of their companies Singapore (IRAS) in the course struck off by the Accounting and PROTECTOR OF CHARITIES of IRAS’ investigations. The High Corporate Regulatory Authority Court (HC) allowed the disclosure within five years. of IRAS’ internal documents. AGC provided legal advice in relation AGC also advised the MCCY and the COC The applicants argued that they were to charities. The Ministry of Culture, on various issues in connection with the The Attorney-General successfully blameless as they were sole local Community and Youth (MCCY) sought the exercise of the COC’s powers under the applied to intervene in the resident directors with no effective Attorney-General’s signed consent for the Charities Act. In addition, the Attorney- proceedings and assert public control over their companies and Commissioner of Charities (COC) to make General’s consent was given to the COC interest privilege over the various could not resign. The Attorney- an order under s 24(1)(a) of the Charities to make orders, under ss 25(2)(i), 25(2) internal documents generated by General successfully argued that 12 Act (Cap 37, 2007 Rev Ed) establishing (ii) and 25(1)(i) of the Charities Act, to 13 IRAS in the course of investigations. s 155A was intended to deter people a scheme for the administration of the suspend, remove and appoint key officers The Court of Appeal agreed to from taking up directorships without charity. The Attorney-General consented to within a charity. the intervention, in view of the exercising proper supervision, the scheme, subject to certain requirements Attorney-General’s unique role and and both leave applications were under the Charities Act being fulfilled. responsibilities as the guardian of eventually dismissed. public interest.
LEGAL PROFESSION SECRETARIAT
UKM V ATTORNEY-GENERAL [2018] SGHCF 18 AGC was responsible for several functions Notably, in Re BSL [2018] SGHC 207, A homosexual man appealed against considered in deciding whether to make under the Legal Profession Act (Cap 161, the first case after the Court of Appeal the District Court Judge’s decision adoption orders. It further agreed that 2009 Rev Ed) in relation to the Singapore established revised principles for to reject his application to adopt his the public policy against the formation legal profession, in matters such as the s 15(1)(c) of the Legal Profession Act in biological son conceived through of same-sex family units would be admissions of advocates and solicitors Re Harish Salve [2018] 1 SLR 345, AGC gestational surrogacy in the United violated should the adoption order be to the Singapore Bar, applications for ad successfully opposed an application to admit States of America. The Attorney- granted in this case. Such violation must, hoc admission of Queen’s Counsel and Queen’s Counsel on an ad hoc basis for a General represented the Director of however, be balanced against protecting applications for a practising certificate commercial matter. Social Welfare of the Ministry of Social the welfare of the child, which the HC to practise in a Singapore law practice. and Family Development, who was found would be promoted by granting appointed the child’s Guardian-in- the adoption order. Adoption. The HC ultimately ruled, with “not The HC accepted the Attorney-General’s insignificant difficulty”, in favour of submissions that public policy may be making of the adoption order. AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
The AGC is responsible for advancing the public interest through PROTECTOR OF THE fair and independent prosecution. PUBLIC INTEREST
STRONG STAND AGAINST PERPETRATORS OF CRIME 487 6,136 Significant cases handled include the following: Criminal trials concluded in Plead guilty mentions the State Courts concluded in the State Courts
62 70 Coroner’s Inquiries concluded High Court hearings in the State Courts concluded for criminal law PP V HUSSAIN BIN SAMAT (CC 22/2018; UNREPORTED) matters 328 The offender posed as a Housing & The High Court (HC) agreed with Appellate hearings concluded 55,163 Development Board (HDB) officer AGC’s sentencing submissions and for criminal law matters Investigation paper and sexually assaulted two sisters, sentenced the offender to preventive submissions processed aged 12 and 16, at knifepoint. detention for a maximum of 20 years. 16,555 The HC observed that the offender’s He pleaded guilty and was convicted offences were of grave concern as Pre-trial conferences in the of eight charges involving aggravated he acted with high degree of pre- State Courts outrage of modesty, aggravated meditation, impersonated a HDB Importance Of Public sexual assault by penetration and officer and repeatedly threatened Sector Cyber Security attempted aggravated rape. the victims with physical violence. 14 15
Even-Handed Justice
Strong Stand Against Perpetrators Of Crime
New Sentencing Frameworks AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
PP V CHIA KEE CHEN AND ANOTHER APPEAL [2018] PP V LEE LAI LENG & OTHERS (SC 910681/2017) 2 SLR 249 A syndicate defrauded SkillsFuture all grant payments. Several syndicate The offender was the mastermind shared with one of his accomplices, Singapore of close to S$40 million members absconded overseas, but of a meticulously planned revenge under s 300(c) read with s 34 of the by submitting more than 8,000 were brought to justice with the murder after finding out that the Penal Code, and sentenced him to life fraudulent claims for training grants cooperation of foreign authorities. deceased was having an affair with imprisonment. through a network of three training his wife. He enlisted two accomplices providers and six applicant firms. As of 31 December 2018, 13 persons to carry out his plan. He abducted AGC appealed against this sentence, The fraudulent claims stated that had been charged, with one being and severely assaulted the deceased, seeking the death penalty instead. training courses were provided to convicted of acquiring criminal inflicting numerous blunt-force blows The Court of Appeal allowed AGC’s nearly 25,000 employees. benefits and concealing criminal to the deceased’s head and face, and appeal, and agreed that the offender’s proceeds comprising S$6.7 million causing extensive fractures to his skull. actions exhibited such viciousness and The scam was discovered after in cash and 11 kg of gold bars. The body was then dumped in the blatant disregard for the deceased’s SkillsFuture Singapore detected He was sentenced to 68 months’ Lim Chu Kang live firing area. life, that the death penalty was the anomalies in the claims and suspended imprisonment. only adequate sentence. The High Court (HC) convicted the offender of one count of murder in furtherance of a common intention
PP V LI CHAOYUN & ORS (SC 904279/2016; UNREPORTED)
PP V BPN (CC 93/2017; UNREPORTED) The offender was a section manager bid. In exchange, the co-offender, as 16 in Jurong Shipyard Pte Ltd (JSPL) the business owner of Newair, provided 17 The offender, married with child, had when she was about seven years old. and had set up a separate business the offender with 51% of Newair’s an affair with another woman (his His sexual assaults escalated to the entity, Newair Engineering Group Pte shares and payments amounting to lover) and brought her and her young point where he raped the victim in the Ltd (Newair), with a co-offender. S$956,600. Newair profited by S$1.4 daughter (the victim) to live with him bathroom while others were at home. million from the JSPL contracts it had in his matrimonial home. Between 2011 and 2014, the offender obtained. Consequently, AGC argued in the HC advanced Newair’s business interests In spite of having two women – his for a deterrent sentence of 34 years’ with JSPL by favouring Newair during In March 2019, the offender had been wife and his lover – in his life, the imprisonment and the maximum 24 JSPL’s procurement processes, convicted on corruption charges offender turned his attention to the strokes of the cane to be imposed providing confidential pricing advice after a 20-day trial and was awaiting victim and sexually abused her for on the offender. The HC agreed with and drafting a technical proposal sentencing. a period of seven years, beginning AGC’s recommendation. eventually submitted for a JSPL project
Credit: Keppel Corporation Ltd AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
IMPORTANCE OF PUBLIC SECTOR CYBER SECURITY
A Committee of Inquiry (COI) was set up to inquire into the cyber-attack on SingHealth’s database system, Singapore’s worst and most serious cyber-attack to date. The COI was conducted over a period of five months and involved over 37 witnesses, including local and foreign experts. AGC was appointed to lead the evidence at the inquiry. At the inquiry’s conclusion, AGC submitted 16 recommended measures to safeguard public sector Information Technology (IT) systems against similar cyber-attacks for the COI’s consideration. All 16 recommendations 23 August 2017 to 24 July 2018 25 July 2018 were adopted by the COI in its report, and 20 July 2018 subsequently by the Government. Minister-in-Charge of Cybersecurity Committee members hold their first SingHealth’s patient database hit by S Iswaran appoints a COI to establish administrative meeting. a cyber-attack of unprecedented the events and contributing factors scale and sophistication. leading to the cyber-attack, as well Chairman Magnus meets with SG to Submitted 16 as the incident response. discuss appointment of investigators recommended Personal particulars of almost 1.5 who will assist in investigating relevant measures million patients illegally accessed Former chief district judge Mr Richard matters. to safeguard public and exfiltrated. Magnus appointed to head the COI. 18 sector IT systems A team of six state counsel supports 19 Minister Iswaran appoints the Attorney- SG during the inquiry proceedings. General (AG) or his designates to lead evidence in the inquiry. All 16 AG subsequently designates Solicitor- recommendations General (SG) Kwek Mean Luck, SC to lead evidence. were adopted by the COI in its report
31 December 2018 28 August to 30 November 2018 7, 15, 28 August 2018
All 16 of AGC’s recommendations Inquiry hearings held over a total of COI holds three Pre-Inquiry Conferences, adopted by COI in its report. 22 days, spread over four tranches. where SG provides updates on Testimony from 37 witnesses heard. investigation progress. COI submits report to Minister Iswaran. SG outlines 16 recommendations to Interested parties also take directions safeguard public sector IT systems from COI on administrative matters Government accepts all 16 against similar cyber-attacks for COI’s before hearings commence. recommendations in the report. consideration. AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
EVEN-HANDED JUSTICE HUANG YING-CHUN V PP [2018] SGHC 269 The HC allowed an appeal against of the offender. Second, identify the the sentence by a Taiwanese applicable indicative sentencing range money-mule involved in a syndicated for the money-laundering offences as KOK KUM HONG V PP (CM 15/2018) AND LAM KIM HENG V police impersonation scam, and laid per the table below. Third, identify the down a framework for sentencing appropriate starting point within the PP (CM 39/2018 & MA 9080/2018) money-mules used to carry out indicative sentencing range. Fourth, In Kok Kum Hong v PP (CM 15/2018; against sentence by these offenders, transnational money-laundering make adjustments to the starting unreported) and Lam Kim Heng v PP (CM both of whom were diagnosed with activities within Singapore’s jurisdiction. point to account for offender-specific 39/2018 & MA 9080/2018; unreported), terminal illnesses after their convictions The HC held that a five-step framework factors. Fifth, make further adjustments AGC did not object to the appeals and had very short life expectancies. may be employed for such cases. First, to the sentence to take into account identify the level of harm caused by the totality principle. the offence and the level of culpability
Low Culpability Medium Culpability High Culpability NEW SENTENCING FRAMEWORKS Significant sentencing frameworks for the sentencing of domestic maid abusers, and money-mules used to carry out transnational money- laundering activities within Singapore’s jurisdiction, were laid down by Fine and/ the High Court (HC). or short custodial 10–30 30–60 term months’ months’ Slight Harm imprisonment imprisonment
20 TAY WEE KIAT AND ANOTHER V PP AND ANOTHER APPEAL 21 [2018] 4 SLR 1315 A married couple was convicted general principles underpinning criminal of multiple offences relating to the compensation, reiterating that criminal 10–30 30-60 60–90 mistreatment of their domestic maid. compensation is prima facie appropriate months’ months’ months’ The HC allowed AGC’s cross-appeal in maid abuse cases because the victims
against the sentence imposed on one of are often impecunious. Harm Moderate imprisonment imprisonment imprisonment them, and laid down a framework for the sentencing of domestic maid abusers. The Less Serious More Serious HC held that a court should first determine Physical Harm Physical Harm whether the harm caused to the victim was predominantly physical, or both physical and psychological. Indicative 30–60 60–90 90–120 sentencing ranges (see table on the right) months’ months’ months’
would then apply based on the degree of 3–6 6–18 Harm Severe imprisonment imprisonment imprisonment physical and psychological harm caused. months’ months’ The sentences would then be adjusted for other aggravating and mitigating Serious Less imprisonment imprisonment
circumstances. Harm Psychological
In this case, the HC also ordered the offenders to compensate the victim for the pain and suffering she underwent, and the salary that she would have earned 6–18 20–30 but for being unemployed as a result of months’ months’ the offences. The HC made this order in a supplementary judgment, Tay Wee Kiat Serious More imprisonment imprisonment
and another v PP and another appeal Harm Psychological [2018] SGHC 114, in which it also set out the AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
REPRESENTATION AND ADVOCACY AT REPRESENTING INTERNATIONAL HEARINGS SINGAPORE’S INTERESTS
ABROAD THE INTERNATIONAL COURT OF JUSTICE
1,970 1,090 attendances at attendances at meetings/ Sovereignty Over Pedra Branca, Middle Rocks And South Ledge international negotiations hearings related to and meetings international disputes AGC played a key role AGC was also instrumental in preparing for the oral hearings scheduled for 11 to in Singapore’s submission of written 22 June 2018. The cases were eventually pleadings in the two cases brought discontinued on 29 May 2018 when by Malaysia Singapore agreed to Malaysia’s request against Singapore for discontinuance. concerning sovereignty over Pedra Branca, Middle Rocks 1,159 and South Ledge mutual legal assistance and extradition matters Providing Legal Representation 22 Advice To The And Advocacy WORLD TRADE ORGANISATION (WTO) 23 Government On At International International Hearings Law Issues Third Party Participation In WTO Disputes
In June 2018, a WTO panel held that The Dominican Republic and Australia did not breach its WTO Honduras appealed against this obligations in imposing trademark decision. Singapore participated restrictions and other plain packaging in the appeal as a third participant requirements on tobacco products and submitted a written submission Handling And Processing Negotiations and packaging. prepared by an AGC team. All Formal Requests For And Participation
Mutual Legal Assistance At International This was the And Extradition And Local first time Forums that Singapore had participated in WTO appellate proceedings
Separately, Singapore also participated Trade, which may have broader as a third party in a WTO dispute implications for the multilateral Strengthening Developing between Ukraine and Russia trading system. Bilateral Ties Through International Law (DS 512). Official Visits Expertise Initiatives In consultation with policy agencies, This was the first time a WTO Panel an AGC team drafted and delivered has been called upon to interpret the Singapore’s oral statement during the security exception in Article XXI of first substantive meeting of DS 512 the General Agreement on Tariffs and held on 23 to 25 January 2018. AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
NEGOTIATIONS AND PARTICIPATION AT INTERNATIONAL AND LOCAL FORUMS REPRESENTATION AT THE UNITED NATIONS (UN)
Law of the Sea Matters
ASEAN An AGC officer was elected President of an Intergovernmental Conference (IGC) under the auspices of the UN, and presided over its organisational Meeting of Attorneys-General (MAG) meeting and first session.
This conference’s task was to elaborate the text of an internationally legally binding instrument under the UN Convention on the Law of the Sea on the conservation and sustainable use of The first session of the IGC, presided over by an the marine biological diversity of areas AGC officer who was elected as President beyond national jurisdiction.
Climate Change 73rd UN General Assembly AGC officers were part of the Singapore AGC officers were part of the Singapore delegation to the 24th Conference delegation to the 73rd UN General of the Parties to the United Nations Assembly, during which they delivered 24 Framework Convention on Climate statements on behalf of Singapore 25 Change (UNFCCC), which resulted in and negotiated resolutions under the MAG 2018 participants with AGC management a package of decisions to operationalise agenda items of the Sixth Committee. the Paris Agreement. In conjunction with Singapore’s ASEAN ASEAN member AGC also participated in the campaign chairmanship and the hosting of the states attended for Singapore’s candidature to the UN ASEAN Law Conference, AGC hosted 7 Commission on International Trade Law. the MAG for the Attorneys-General (or Singapore was eventually elected with equivalent) of ASEAN member states the highest number of votes in the Asia- from 24 to 26 July 2018. It was the Pacific Group. first such meeting of The MAG’s objectives included Attorneys-General in encouraging and enhancing regional and multilateral legal cooperation. over 30 years
The Singapore delegation at the 24th Conference th The Model ASEAN Extradition Treaty 10 ASEAN Law Ministers Meeting And of the Parties to the UNFCCC (MAET) 18th ASEAN Senior Law Official Meetings AGC was actively involved in negotiating The 10th ASEAN Law Ministers Meeting the MAET, which was endorsed at the and 18th ASEAN Senior Law Official 10th ASEAN Law Ministers Meeting in Meetings were held in Vientiane, Lao October 2018. People’s Democratic Republic (PDR) in October 2018. The mandate was also given to commence work on the ASEAN Extradition Treaty The Singapore delegation also met with to strengthen ASEAN’s resilience and Mr Xaysana Khothphouthone, Deputy capacity to combat transnational crimes, Supreme People’s Prosecutor of Lao PDR. and enhance intra-ASEAN cooperation to ensure respect for the rule of law. AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
United Nations (UN) Work On International Trade Law
AGC officers represented Singapore The projects included the formulation at the United Nations Commission on of legislative guides on key principles International Trade Law (UNCITRAL)’s of a business registry and a simplified 51st Session in New York, and participated legal entity for micro, small and medium in several projects before and after the enterprises respectively. Session. Officers also participated in the Electronic Commerce working group’s project on legal issues in identity management and trust services; the working group on Investor-State Dispute Settlement Reform; and an Intergovernmental Expert Group Meeting on Public Private Partnerships to consider revisions to the UNCITRAL Signing and exchanging of side letters between Singapore and Malaysia on 5 September 2018 Legislative Guide on Privately Financed Infrastructure Projects and the UNCITRAL Model Legislative Provisions on Privately Singapore-Kuala Lumpur High Speed Rail Eurasian Economic Union-Singapore Free Financed Infrastructure Projects. (HSR) Project Trade Agreement (EAEU-Singapore FTA) The Singapore delegation (second and third AGC advised the Ministry of Transport AGC officers participated in negotiating from left) at the UNCITRAL Intergovernmental Expert Group Meeting on Public Private and other agencies on the implications the EAEU-Singapore FTA, which, when Partnerships in Vienna for the Singapore-Kuala Lumpur HSR concluded, will improve Singaporean Project, and Singapore’s rights under companies’ access to the EAEU the HSR Bilateral Agreement, should market, as well as promote trade and Malaysia decide not to proceed with it. investment flows. Other Areas Of Participation In The UN AGC played a key role 26 An AGC officer was appointed AGC officers also served on the Advisory 27 co-coordinator of a UN General Committee on the UN Programme in negotiations between Assembly resolution and successfully of Assistance in the Teaching, Study, Singapore and Malaysia Regional Comprehensive Economic facilitated a review of the Regulations Dissemination and Wider Appreciation on the suspension of Partnership (RCEP) giving effect to Article 102 of the of International Law, and as Rapporteur the HSR Project Charter of the United Nations. of the Special Committee on the On 14 November 2018 in Singapore, Charter of the United Nations and on leaders from the RCEP countries the Strengthening of the Role of the welcomed the substantial progress Organisation. This culminated made in RCEP negotiations in 2018, in the signing and and expressed their determination to exchanging of side conclude a modern, comprehensive, letters between the high quality, and mutually beneficial two Governments on RCEP in 2019. ECONOMIC AND RELATED INTERNATIONAL AGREEMENTS 5 September 2018 AGC continues to work closely with agencies to bring all remaining Chapters and Annexes to conclusion. Comprehensive And Progressive Agreement For Trans-Pacific Partnership (CPTPP) Indonesia-Singapore Bilateral Investment Trade Negotiating Committee for the RCEP The CPTPP came into force on 30 Treaty (BIT) December 2018 for Australia, Canada, AGC provided legal AGC was part of the Singapore Japan, Mexico, New Zealand and support to agencies delegation that negotiated the Singapore, and on 14 January 2019 for to operationalise the Indonesia-Singapore BIT signed in Vietnam. Four remaining signatories CPTPP, which was October 2018. have yet to ratify the CPTPP: Brunei, signed by Chile, Malaysia and Peru. This BIT complements the ASEAN 11 countries Comprehensive Investment Agreement on 8 March 2018 in and promotes greater trade and Santiago, Chile investment flows between both countries. AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
SPEAKING ENGAGEMENTS TO ENHANCE SINGAPORE’S MINDSHARE
Several AGC officers were invited to speak at various international forums and seminars, further highlighting the recognition of Singapore’s legal expertise. Some of these included:
INTERNATIONAL LAW YEAR IN REVIEW 70TH ANNIVERSARY OF THE UNITED NATIONS THE 11TH CHINA-ASEAN (8 FEBRUARY 2018) (UN) INTERNATIONAL LAW COMMISSION PROSECUTORS-GENERAL The inaugural International Law Year in (5 – 6 JULY 2018) CONFERENCE Review by the Centre for International Senior State Counsel (SSC) Davinia Aziz (14 – 15 AUGUST 2018) Law featured both Director-General, chaired a panel at a Geneva event to Attorney-General Lucien Wong, International Affairs Division (DG, IAD) commemorate the 70th anniversary of the UN SC delivered a keynote address Daphne Hong and Deputy Director- International Law Commission, and contributed on “Prosecuting Cybercrime: The General, International Affairs Division to a book commemorating the anniversary. Singapore Experience”. 28 (DDG, IAD) Danielle Yeow as panellists THE APPLICABILITY OF 29 on the topics ‘Treaty and Legislative INTERNATIONAL LAW IN Developments’ and ‘Key Issues to CYBERSPACE TO STATE Watch’ respectively. BEHAVIOUR PROGRAMME (27 – 31 AUGUST 2018) DDG, IAD Danielle Yeow participated as a faculty seminar co-leader of the programme.
THE HAGUE ACADEMY INTERNATIONAL LAW WEEK 2018 23RD INTERNATIONAL ASSOCIATION OF EXTERNAL PROGRAMME (25 OCTOBER 2018) PROSECUTORS ANNUAL CONFERENCE (23 – 30 NOVEMBER 2018) DAG Lionel Yee, SC, was a panellist at a ( 9 – 13 SEPTEMBER 2018) The Hague Academy External side event, together with the UN Under- Deputy Attorney-General (DAG) Hri Kumar Nair, SC Programme featured several Secretary-General for Legal Affairs presented a paper on “Independent Prosecution AGC officers as faculty speakers, and a member of the International and Confidence in the Eyes of the Public”. Chief including DG, IAD Daphne Hong, Law Commission. DG, IAD Daphne Prosecutor Kow Keng Siong also chaired a plenary DDG, IAD Danielle Yeow and Hong also spoke on two panels, one session on “Managing Prosecution Services – SSC Ong Chin Heng. of which included the President of the Between Accountability and Individual Autonomy”. International Court of Justice. AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
Participants of the 11th China-ASEAN Prosecutors-General Conference, Brunei Darussalam INTERNATIONAL LEGAL COOPERATION IN CRIMINAL MATTERS
The 2016 Standard Chartered Bank Robbery AGC officers worked with authorities in the United Kingdom (UK) to extradite David James Roach to Singapore to face charges relating to the robbery of Standard Chartered Bank in 1Malaysia Development 2016. Following a successful Deputy Attorney-General Lionel Yee was Berhad (1MDB) a panellist at a side event of International hearing before the UK court, Law Week 2018 AGC led the provision the UK Secretary of State of Mutual Legal Assistance in issued the order for Roach to respect of investigations and be extradited to prosecutions relating to 1MDB, Singapore. As including contested proceedings of March 2019, Extradition Of on production orders obtained Roach had been Christopher Milled pursuant to the Mutual Assistance seeking leave to Elkhouri in Criminal Matters Act. They appeal against the decision. Through the efforts of an involved novel questions of law, inter-divisional AGC team, 30 including the grounds for the Singapore successfully extradited 31 grant of leave to Christopher Milled Elkhouri to inspect documents Australia for offences related filed in support of Fraud Against to stolen car parts and car a production order SkillsFuture Singapore rebirthing activities. The Deputy Director-General Danielle Yeow (left) with Deputy application. Course Director (Program on Terrorism and Security Studies) team handled many legal Captain Thomas Welsh (US Navy) at the George C. Marshall AGC was part of an inter- challenges during the European Centre for Security Studies agency team which obtained proceedings, including a the surrender from Hong criminal motion challenging Kong of an individual for his the Order for Detention and role in defrauding SkillsFuture an application for leave to Singapore of S$40 million. commence judicial review proceedings on the seizure of his property.
NOTABLE MUTUAL LEGAL ASSISTANCE AND EXTRADITION MATTERS
Senior State Counsel Davinia Aziz (third from left) chaired a panel at a Geneva event to commemorate the 70th anniversary of the United Nations International Law Commission AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
Moots Jessup is the world’s largest DEVELOPING INTERNATIONAL LAW For the 8th consecutive year, AGC moot court competition, EXPERTISE INITIATIVES administrated the Singapore National with participants from over Rounds of the 2018 Philip C. Jessup 680 law schools in International Law Moot Court Competition. The Hague Academy External Programme 100 countries and The 2018 competition, themed ‘The jurisdictions Case Concerning the Egart and the Ibra’, was based on issues involving maritime boundaries, disarmament and nuclear The competition weapons. simulates a fictional dispute The winning team for the 2018 Singapore National Rounds came from the Singapore between countries Management University (SMU). before the ICJ
Opening ceremony of The Hague Academy External Programme 2018 held in Singapore; speakers 32 included Ambassador Tommy Koh, Ambassador Ong Keng Yong, Secretary-General of The Hague 33 Academy of International Law Jean-Marc Thouvenin, and Deputy Secretary (Trade) at the Ministry of Trade and Industry Luke Goh
AGC partnered The Hague Academy The theme of the session was of International Law to host the 2018 ‘Contemporary Questions of International session of The Hague Academy External Economic Law’, involving 39 participants Programme in Singapore from 23 to 30 from ASEAN Member States. Mooter from the SMU presenting his arguments during the 2018 Singapore National Rounds of the Philip November 2018. C. Jessup International Law Moot Court Competition
International Law Speakers Series (ILSS) 2018 AGC was honoured to have Judge Gilbert Guillaume, former President of the International Court of Justice (ICJ), as guest speaker for the 2018 ILSS.
Judge Guillaume spoke on the judicial institutions in international law, sharing how such institutions can remain effective and maintain the trust placed in them by governments and the general public. 2018 ILSS - Guest Speaker Judge Gilbert Guillaume delivering a public lecture on “Judicial Institutions in International Law” AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
STRENGTHENING BILATERAL TIES THROUGH OFFICIAL VISITS
Outgoing Visits Lao People’s Democratic Republic People’s Republic of China
Incoming Visits People’s Republic of China
Courtesy Calls And Study Visits People’s Republic of Bangladesh People’s Republic of China Republic of Kazakhstan Republic of Korea Republic of Uzbekistan The United Kingdom 34 State of Israel 35 United Arab Emirates
OUTGOING VISITS INCOMING VISITS
AGC’s Official Visit To Beijing, AGC’s Study Visit To Lao People’s Official Visit Of Prosecutor General Of The People’s Republic of China (PRC) Democratic Republic (PDR) The PRC Delegation led by Attorney-General Delegation led by Solicitor-General Hosted Mr Zhang Jun, Prosecutor General Lucien Wong, SC in February 2018. (SG) Kwek Mean Luck, SC as part of (PG) of the PRC, and a delegation from the ASEAN Law Ministers’ Exchange the Supreme People’s Procuracy of the Met with Mr Cao Jianming, then- of Study Visits Programme. PRC in August 2018. Prosecutor General of the PRC, Mr Guo Shengkun, Secretary of the Communist AGC’s first leadership-level visit to Lao PG Zhang’s first official overseas visit Party of China Political and Legal Affairs PDR under the programme. since his appointment in March 2018. Commission and Mr Zhou Qiang, Chief Justice and President of the Supreme Met with representatives from the Office PG Zhang met with Deputy Prime People’s Court of the PRC. of the Supreme People’s Prosecutor, Minister Teo Chee Hean, Chief Justice Delegates from the Supreme People’s Procuracy the Ministry of Justice and the People’s Sundaresh Menon, SC, and Minister for of the PRC after a courtesy call with AGC senior Supreme Court. Law and Minister for Home Affairs K management and representatives Shanmugam, SC. AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
Attorney-General’s Lecture 2018 Mr Zhou Qiang Sir Geoffrey Vos, QC The second run of the Attorney-General’s PG Zhang delivered the keynote Chief Justice and President Chancellor of the High Court Lecture Series was held on 17 August address on ‘Comprehensive Law-Based of the Supreme People’s of England and Wales 2018 in conjunction with Prosecutor Governance: The China Solution’. Court of the PRC General (PG) Zhang’s visit.
Mr Kakhramon Shakirov Mr Ruslanbek Davletov Ambassador of Uzbekistan Minister of Justice of to Singapore Uzbekistan
Attended by over 200 members of Singapore’s legal and judicial (Left to right) Solicitor-General (SG) Kwek Mean Luck, SC; Deputy Attorney-General (DAG) Hri Kumar Nair, SC; PG Zhang Jun; Attorney- community General (AG) Lucien Wong, SC; Mr Zhang Xumin, Chargé d’affaires and Minister-Counsellor of the Embassy of the People’s Republic of China (PRC) to Singapore; and DAG Lionel Yee, SC
36 COURTESY CALLS AND STUDY VISITS 37
AGC hosted several courtesy calls and study visits from international organisations and foreign government agencies in 2018. These visits enabled AGC to establish or renew relations with key foreign counterparts, and better understand common legal issues. AG Lucien Wong, SC, with Sir Geoffrey Vos, QC, Chancellor of the High Court of England and Wales, and In 2018, AG Lucien Wong, SC, received the following guests: SG Kwek Mean Luck, SC
Mr Mahbubey Alam Mr Zhakip Assanov AGC also hosted study visits from several foreign government organisations in 2018, Attorney General of Chief Justice of the Supreme including the Institute of Justice of the Republic of Korea, the Central Commission Bangladesh Court of Kazakhstan for Discipline Inspection of the Communist Party of China, the Abu Dhabi Judicial Department, and the Supreme Court of Kazakhstan.
Ms Simona Halperin Mr Hong Xiaoyong Ambassador of Israel Ambassador of the PRC to Singapore to Singapore AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
The Legislation Division (LEGIS) is KEEPER OF THE Singapore’s central law drafting office and the keeper of the Singapore statute SINGAPORE STATUTE BOOK book. LEGIS provides law drafting and legislative consultancy services to the Government and all public sector agencies (including Town Councils), and law publication and database management for the public. LEGIS also supports the rule of law by 53 providing 24/7 free online public access to Singapore legislation Bills published through the SSO website.
30,118 Pages of draft bills generated 2,006,502 Users of Singapore 909 Statutes Online (SSO) Pieces of subsidiary LEGISLATIVE CONSULTANCY AND LAW DRAFTING legislation published 5,268,589 Visits to SSO 18,269 Pages of draft subsidiary legislation and Gazette Legislative BILLS notifications generated Consultancy And Law Drafting 38 74% 39 of subsidiary legislation In 2018, published in-house 53Bills (3,220 pages) number of Bills comprising amendment increased by three 40 Bills and number of pages and increased by 55% new from 2017 13 Bills drafted for introduction in Parliament in 2018
Sharing And Providing Plain Laws Assistance On Understandable Legislative Drafting by Singaporeans Expertise AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
Some of the major Government Bills drafted for introduction in 2018 include:
INSOLVENCY, RESTRUCTURING CYBERSECURITY VARIABLE CAPITAL VULNERABLE CARBON PRICING CRIMINAL JUSTICE AND DISSOLUTION ACT 2018 COMPANIES ACT 2018 ADULTS ACT 2018 ACT 2018 REFORM ACT 2018 ACT 2018 MAJOR GOVERNMENT Establishes a legal Creates a regime for Safeguards Seeks to move Amends the Criminal Consolidates framework for the incorporation and vulnerable Singapore’s Procedure Code Singapore’s personal BILLS the oversight and regulation of variable adults incapable industries towards a and other Acts to and corporate INTRODUCED maintenance of capital companies of protecting low carbon footprint enhance the fairness insolvency laws, national cybersecurity (investment funds themselves (because to meet Singapore’s of procedures and and laws regarding in Singapore constituted as bodies of mental or physical commitments under ensure equitable debt restructuring corporate) infirmity, disability the Paris Agreement outcomes in the into a single piece of or incapacity) from criminal justice legislation abuse, neglect or system self-neglect
LEGISLATIVE SUBSIDIARY LEGISLATION GAZETTE NOTIFICATIONS 40 CONSULTANCY SERVICES 41
pieces of advice An increase of Gazette 909 2,445 (without accompanying 12.5% and 52% 558 notifications pieces of subsidiary draft legislation) rendered in 2018, legislation totalling respectively from the for matters such as appointments a 22% increase from number of pieces and and cessation of appointments and 2017, and more than 6,839 pages drafted pages published in 2017 road closures also drafted in 2018 double the in 2018 number in 2013
A significant example is the Active Mobility Act 2017 subsidiary legislation for ensuring the safe usage of bicycles, power-assisted bicycles and personal mobility devices on public paths Upward demand for legislative consultancy services in addition to law drafting services reflects the expanding role of the law drafter in shaping policies for translation into legislation, as well as ensuring that every policy is built on sound legal foundations. AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
IN-HOUSE PUBLICATION ACCESSIBLE LEGISLATION
Launched in December 2017, the In 2018, the SSO website was visited Singapore Statutes Online (SSO) Published 74% of 2018’s website provides the public with free 5,268,589 times online access to Singapore’s legislation. by 2,006,502 users subsidiary legislation in-house, This is a a total of and The SSO was featured by the Government and 673 5,761 52.6% 98.9% Technology Agency as a case study of pieces pages 1,983,751, increase respectively a “user-friendly website” in an article from 2017 for Challenge magazine in April 2018. or 98.9% Increased capacity to prepare publication by the Legislation Division to update proofs of legislation in-house in place of them about refinements in the in-house were first-time visitors the Government Printer to better deliver publication process, and elicit feedback. on complex and time-sensitive legislation. More outreach sessions are planned The increased capacity was particularly for 2019 as AGC’s in-house publication useful during the June 2018 Trump-Kim coverage expands to more public Summit, which required rapid drafting sector agencies. and publication of subsidiary legislation to match sudden changes in the event’s The Instruction Manual is being updated security plans. to incorporate rules on in-house publication of subsidiary legislation. Two outreach sessions for ministries and 42 their statutory boards were organised 43
PLAIN LAWS UNDERSTANDABLE BY SINGAPOREANS (PLUS)
SSO can be accessed through various platforms
Since starting the PLUS Project in 2013, In line with AGC’s being the keeper of further initiatives have been undertaken the Singapore Statute Book, the aim is to annually to make legislation more maintain the legal and linguistic coherence accessible and readable. To that end, a of Singapore legislation, even as it is written 600-page internal guide was released in or revised in plainer terms. In December 2018, LEGIS@Gov was October 2018. launched to allow public sector officers to conveniently access an unofficial This will help law drafters and editors version of Singapore’s legislation. find suitable words and phrases in plain English to replace legalese, commercialese Plans are underway to place online and complex or archaic words or phrases older versions of legislation (till the used in older legislation, bearing in mind 1985 Revised Edition for Acts and the Singapore and Commonwealth case law. 1990 Revised Edition for subsidary legislation) starting from 2020.
Homepage of the new LEGIS@Gov AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
SHARING AND PROVIDING ASSISTANCE ON LEGISLATIVE UNIVERSAL REVISION DRAFTING EXPERTISE
AGC is assisting the Law Revision The universal revision aims to simplify Commissioners in a planned universal and modernise the text of more than revision of all Singapore legislation. The 500 Acts, as well as omit spent or ASSISTANCE TO ASEAN COUNTERPARTS last universal revision was done in 1985. obsolete texts, without affecting the meaning of provisions. The Law Revision AGC has prepared guides and directives Commission held two Following a request by the Lao Minister With support from the Singapore and conducted in-house training of Justice to the Singapore Law Embassy in Vientiane and AGC’s meetings in 2018, and sessions to enhance consistency in the Ministry for training in law drafting, Corporate Services Division, CLC approved five papers on revision process. Chief Legislative Counsel (CLC) led and four other Legislation Division law revision principles, a delegation to the Lao People’s officers shared Singapore’s experiences including the abolition Democratic Republic to conduct a four- in law making, and techniques and of Act chapter numbers day legislation drafting workshop from strategies to efficiently translate policy 23 to 26 April 2018. to legislation and ensure drafting of effective legislation.
SUPPORTING PARLIAMENTARY DEMOCRACY The workshop was well- received Since July 2018, Members of Parliament by the 44 (MPs) receive a tracked-change version 45 of an Act for which an amendment Bill has been introduced. 50 Laotian officials At the MPs’ request, this is now a from the Ministry of permanent arrangement following a Justice and law drafters successful 6-month long trial with the Parliament Secretariat. from line ministries in attendance Tracked-change versions are sent by AGC Group photograph of Singapore and Lao officers at the legislation to the Parliament Secretariat within five drafting workshop working days after the first reading date.
Example of a tracked-change version of an Act – the Legal Aid and Advice Act with the amendments (in tracked-change) proposed by the Legal Aid and Advice (Amendment) Bill AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
SHARING OF IDEAS AT OVERSEAS CONFERENCES LOCAL COLLABORATIONS
In April 2018, Chief Legislative Counsel CLC shared the law drafters’ efforts to Collaborated with the Civil Service College (CLC) presented on “Automated support automated decision-making to enhance the link between good law and Decision-Making: The Singapore in Government, and the constitutional policy-making through courses for public Experience” at the Australasian and public law issues they have had to sector officers, namely the Law Making Parliamentary Counsel’s Committee grapple with in doing so. and Policy Course and the Legislative and Commonwealth Association of Drafting Course. Legislative Counsel Drafting Conference “Towards 2050: Drafting in the 21st Century” in Canberra, Australia.
The Conference was attended by law drafters from Supported the Ministry of Education’s Moot Parliament Programme by conducting Bill-writing workshops for programme participants.
HONG KONG PAPUA NEW GUINEA THE SINGAPORE PACIFIC 46 ISLANDS Supported the Istana by delivering a 47 lecture to newly appointed Honorary Aides-de-Camp on the “Constitutional Powers of the Elected Presidency” for the 9th time.
AUSTRALIA
Hosted two client appreciation and NEW ZEALAND feedback sessions in May 2018, which law drafters attended with instructing officers from ministries and statutory boards to better understand how each other works in legislative projects. Clients’ feedback was gathered with a view to smoothening the process of preparing legislation.
Legislation Division drafters and clients from ministries and statutory boards at one of the client appreciation and feedback sessions AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
DEVELOPING AGC’S LEGAL DEVELOPING CAPABILITIES AND KNOWLEDGE MANAGEMENT PROFESSIONALS AND EXECUTIVES CAPABILITIES DEVELOPMENT IN AGC
Capabilities development in AGC is undertaken collectively by the AGC Academy and the individual divisions.
Information Overseas Legal skills Leadership Advocacy Technology attachments training training training and writing and study skills visits
Developing Embracing Legal Capabilities Technology And And Knowledge Innovation 48 Management 49
In 2018, the AGC Academy oversaw a for the cross-divisional training of officers Engaging The Positioning AGC number of initiatives, including the launch within AGC. The training was supported of competency frameworks for legal skills by a new Learning Management System Singaporean As An Attractive as well as leadership and management that also hosts videos and customised Fraternity Employer skills. These frameworks provide the e-learning resources. foundation for a new structured curriculum AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
TRAINING HIGHLIGHTS IN 2018
AGC-WIDE INITIATIVES
Cross-Cutting Legal Advocacy Training Skills Training Under the new Legal Skills Competency Framework, the A cross-divisional training session on “Effective Written AGC Academy launched the Basic Legal Skills Series Advocacy” was conducted by an eminent international (BLSS) and Intermediate Legal Skills Series (ILSS) for trainer. AGC’s legal officers, and the Basic Legal Executives Course (BLEC) for AGC’s executives. Officers were trained in writing effectively, clearly and persuasively for advocacy or litigation in criminal, civil The BLSS and ILSS provide officers with systematic and international law contexts. training that exposes them to key legal skills employed across AGC’s divisions. High Court Justices and Queen’s Counsel (QCs) from the United Kingdom also conducted workshops on courtroom The Effective Written advocacy, as well as on best practices in eliciting expert The BLEC equips executives with basic legal knowledge Advocacy session was relevant to the work of AGC as an organisation. attended by 200 evidence and handling vulnerable witnesses. The sessions proved 50 so popular that Officers also attended training to keep abreast of the officers from Legal officers can also avail themselves to more advocacy 51 a ‘digital classroom’ latest developments in substantive law and legal trends. across AGC, as opportunities by volunteering with the Advocacy Group, was set up to allow well as officers which was newly set up in April 2018. The Advocacy Group Training events were conducted by experienced legal provides a platform for officers to be involved in litigation remote access by from ministries and officers from across AGC’s divisions, as well as local/ statutory boards matters across criminal, civil and international practices. officers outside of AGC foreign law professors and private practitioners. Volunteers assist in appropriate cases, affording them The training was also extended to lawyers in other the opportunity to explore different areas of law, in ministries and statutory boards, becoming an informal addition to developing and refining their advocacy networking platform between lawyers in AGC and skills by working with experienced advocates on those in the wider public sector. interesting cases.
Advocacy Training by QCs
Training for BLSS AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
Leadership AGC Foundation IT And Writing Training Programme Skills Training
A structured programme for all new executives, In-house workshops such as “Writing designed to build cross-cutting competencies required Effectively and Succinctly” and “Writing of them in AGC. Effective Emails” were organised for all officers. The programme covered four main competency areas: Officers were kept updated on office IT tools through a series of Microsoft Office workshops on Word, Excel and creating infographics using PowerPoint. Organisational 52 53
AGC FOUNDATION PROGRAMME Human Information Resources Technology (IT) Participants at the AGC Leadership Retreat Finance
A series of leadership training events were put in place in 2018. At the annual AGC Leadership Retreat, AGC invited an esteemed Harvard Law School professor to share with its senior lawyers and A mix of classroom training and e-learning methods executives on what it takes to lead in was utilised. a government law firm.
A senior Public Service leader kickstarted the “AGC Leaders Talk Series” and shared his personal leadership experience and AGC Leaders Talk Series key learning points.
Training for AGC Foundation Programme AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
DIVISION-SPECIFIC TRAINING
In addition to AGC-wide training, the divisions also invested heavily in training and development to hone and sharpen the skill sets of their officers in their specialist areas. These include:
A customised hands-on workshop A curated series of talks for legal A customised grammar course A procurement refresher course on non-appellate civil matters in the executives that took place over eight developed in-house and conducted by for executives to strengthen their High Court conducted by a United months, which addressed frequently the Civil Service College to strengthen procurement knowledge and train Kingdom High Court Judge and encountered legal issues such as debt its executives’ mastery of drafting- new officers on the latest procurement Queen’s Counsel. recovery and contractual claims, as related language use for legislation. procedures. well as the statutory laws most relevant to Government litigation. 54 55
Sharing sessions with public international law experts, including: A member of the International Law Commission, who spoke about protecting the atmosphere in relation to international law.
The director of the Prosecution Division of the International Criminal Court (ICC), who spoke about the work of ICC’s Office of the Prosecutor and the current challenges faced. Accreditation of human resources Regular professional sharing sessions personnel to conduct psychometric at the division-level for knowledge An International Humanitarian Law Seminar by assessments for AGC’s selection and sharing. the International Committee of the Red Cross. recruitment process.
AGC’s officers also attended various local and overseas conferences to gain in-depth knowledge of their respective specialist areas.
Two weeks’ worth of dedicated training for new Deputy Public Prosecutors to learn skills such as drafting charges, witness handling, dealing with evidence, and the trial process. AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
ENGAGING THE SINGAPOREAN FRATERNITY OVERSEAS AND COMMERCIAL ATTACHMENTS AND STUDY VISITS
AGC continued to maintain links with several international and local organisations to Outreach and building strong networks in the legal community are important parts facilitate mutually beneficial training opportunities and capacity development events. of AGC’s work. Training and events organised by AGC were instrumental in helping to These include: build a connected public sector legal community.
Attachments to AGC’s counterparts Study visits to expand officers’ A key event in 2018 was: in Australia and the United States experience and to learn best practices of America, barristers’ chambers in from other jurisdictions (e.g. visits to the The inaugural “Public Sector Legal Forum 2018” on 9 November 2018, which brought the United Kingdom, as well as local Supreme People’s Court of the People’s AGC together with the wider Singapore public sector’s entire community of lawyers commercial organisations. Republic of China and the Department (e.g. in-house counsel of statutory boards) for the first time. of Justice of the Hong Kong Special Administrative Region). The event was attended by over 300 public sector lawyers representing 51 different agencies KNOWLEDGE MANAGEMENT
In 2018, AGC Academy also oversaw knowledge management (KM) across AGC, which includes the management of the Chan Sek Keong Library. 56 57
New Initiatives By AGC Academy AGC KM Newsletter A KM Concept Review with AGC’s legal Continued to publish case updates, divisions to examine KM practices in notable advices and the latest legal AGC more closely, which culminated in a developments twice a month for a proof of concept project by a division to steady and regular readership in AGC improve its existing manuals and guides. and various ministries.
Facilitated the creation of standardised The newsletter has also been made templates for court submissions to be accessible to in-house counsel of used by AGC officers, strengthening statutory boards for greater knowledge Public Sector Legal Forum 2018 the organisation’s corporate identity. sharing following the inaugural Public Sector Legal Forum. Started to collate KM Memos written by senior AGC officers to capture specialist knowledge across the organisation.
Besides designing and reviewing KM features, AGC Academy also worked closely with the divisions on revamping the AGC KM taxonomy to prepare for the upcoming Intelligent Workspace. AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
Training The Public Service Customised Training For Partner Agencies AGC also continued collaborating with the Civil Service College to organise training In 2018, AGC officers conducted customised training sessions for partner agencies events for public sector officers. AGC’s counterparts from Brunei, Indonesia, Malaysia, that were specific to the agencies’ needs, including: Myanmar and Vietnam were also invited to attend some of these courses.
These training events included:
Pre-posting briefings to Ministry of Foreign Affairs diplomatic and consular officers on the exercise of their functions outside The annual “Know The Law: Legal Principles For Every Public Singapore. Officer” seminar, which introduced general legal principles that public officers across ministries and agencies were likely to encounter in their work. The seminar covered topics such as constitutional and administrative law, legislation, government litigation, government procurement and data protection. It also featured a new segment on public international law.
Training in collaboration with the Home Team School of Criminal Investigation.
The inaugural National University of Singapore Graduate The “Legislation Drafting Course” The “Criminal Trials Seminar”, which Certificate in Criminal Justice course, which aims to raise the and “Law Making & Policy Course”, keeps investigators up-to-date with profile and capabilities of Home Team officers. which focus on the formulation of 58 recent legislative and case law 59 good policies and their translation developments. Topics covered include into effective legislation. recent amendments to legislation, trial preparation, drafting trial documents and giving evidence in court. The hands-on Moot Court session also provided participants with a better appreciation of court proceedings.
The “Basic Prosecutor’s Course”, which equips new Deputy Public Prosecutors and prosecutors from ministries with the latest thinking on the exercise of prosecutorial discretion, dealing with evidence and court procedure. Participants at the Criminal Trials Seminar AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
EMBRACING LEGAL TECHNOLOGY AND INNOVATION POSITIONING AGC AS AN ATTRACTIVE EMPLOYER
AGC engaged in transformation efforts to deal effectively with increased work demands and manpower constraints. One key thrust was to leverage technology on two fronts – demonstrating quick wins with targeted projects while developing enterprise-level solutions to benefit the whole organisation.
Transforming The Organisation By Re-Engineering Processes And Internship Using Information Technology As Leverage programmes
In line with Whole-of-Government transformation plans, AGC has made headway in its own change initiatives: A partnership Advertising Common administrative functions AGC is developing the Intelligent with the in graduate were streamlined with the aim of fully Workspace (IW) - a one-stop platform for Legal Service publications digitalising work processes by 2021. This work monitoring, automated notifications Commission will enable officers to focus on delivering and effective search across multiple In 2018, AGC also higher-level work. precedent databases. IW will also auto- ramped up its generate statistics for operational and initiatives to position strategic analytics. AGC as an employer of choice through:
60 61 Learning Anytime, Anywhere Career fairs such as the annual National A new Learning Management System A ‘digital classroom’ was set up to make Recruitment University of Singapore was developed to serve AGC’s learning lunchtime talks held in AGC remotely brochures and Public Service needs. It also hosted customised e-learning accessible by officers in ministries and other collaterals Networking Day modules. statutory boards.
Efforts resulted in a Prototyping And Piloting New Legal Technologies 7% increase The Legal Technology and Innovation Office: in AGC brand awareness by students and a 20% increase Focussed on developing advanced Collaborated with the Civil Division to in awareness of the roles of AGC, tools for large-scale document review, automate several routine and mechanical as compared to 2017 automation of routine legal services and tasks in the Attorney-General’s review of more effective use of knowledge assets the Singapore Bar application process. within AGC systems. In a pilot batch of 260 applications Collaborated with the Financial and reviewed by the Civil Division, Technology Crime Division to broaden automation reduced These results were encouraging and the range of evidence review technology processing time by substantiated outreach efforts to position available to support ongoing prosecutions AGC as an employer of choice involving large volumes of data. This an estimated increased the speed and efficiency of per prosecutions. 92% application AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
COMMITMENT TO ATTORNEY-GENERAL’S (AG’S) CHALLENGE CUP CORPORATE SOCIAL RESPONSIBILITY
Participants of the AG’s Challenge Cup 2018
The AG’s Challenge Cup was started in drug-related offences and imprisoned. March 2012 by then-Attorney-General However, he was given an early release 62 Sundaresh Menon to foster better for good behaviour. “I am very excited to 63 interaction and friendship between Deputy be able to play alongside prosecutors and Public Prosecutors from AGC and lawyers defence counsels,” said Daniel. “Before from the Criminal Bar. The fifth edition the game started, we were given time to took place on 28 September 2018 at the mingle with each other. The interaction Jalan Besar Stadium. was very warm. I would definitely want to take part in the game again, and would For the first time, the AG’s Challenge also encourage the other ex-residents to Cup featured the inclusion of a “curtain- do so as well. It is an enriching experience.” raiser” 20-minute, seven-a-side football match involving mixed teams of Deputy Public Prosecutors, defence counsels and players from the Yellow Ribbon Project. This idea was originally mooted by the Chairman of the AG’s Challenge Cup organising committee, Mr Lim Kia Tong, who was also the President of the Football Association of Singapore and a member I would definitely want of the Law Society of Singapore. It was warmly embraced by AGC as part of to take part in the game an ongoing commitment to strengthen again, and would also goodwill between various stakeholders in encourage the other ex- the criminal justice system and to support residents to do so as well. It the reintegration of former inmates back is an enriching experience.” into society. Daniel, ex-resident of Pertapis The players representing the Yellow Halfway House Ribbon Project were ex-residents from Pertapis Halfway House, such as 41-year- old Daniel. Daniel had been convicted of AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
Players were given time before the game “meaningful” to see the ex-offenders to mingle, warm-up and discuss tactics give their all alongside prosecutors and together. It was a touching sight to see defence counsels in the spirited match-up. SUPPORTING THE COMMUNITY players working together and setting their As Attorney-General (AG) Lucien Wong, teams up for victory. There was no hint SC, commented, the format of the game of divisiveness. Players cheered for each was deliberately set up to drive home the AGC remains a faithful supporter of other throughout the match and took team point that “regardless of where we stand fundraisers organised by the Yellow photographs after, underscoring the power in the criminal justice system, whether Ribbon Fund (YRF) and the Singapore of sport to unite and connect individuals as an advocate or an offender, we have Corporation of Rehabilitative Enterprises from all walks of life. one singular purpose – to build a just and (SCORE). In 2018, AGC continued to prosperous society for all.” support SCORE fundraisers such as Attendees such as the President of the its sales of mooncakes, Christmas and Law Society Mr Gregory Vijayendran, Chinese New Year goodies. SC, regarded it as both “poignant” and
AGC fielded a contingent of more than 50 runners to support the 10th Yellow Ribbon Prison Run,
Regardless of where we stand in the and raised about S$4,500 criminal justice system, whether as an in donations towards the YRF advocate or an offender, we have one singular purpose – to build a just and 64 prosperous society for all.” 65
AG Lucien Wong, SC
Soccer-friendly teams comprising ex-residents from Pertapis Halfway House, Deputy Public Prosecutors and defence counsels. Deputy Attorney-General Hri Kumar Nair, SC (top row, extreme left), AG Lucien Wong (top row, second from the left), Chairman of the AG’s Challenge Cup organising committee, Mr Lim Kia Tong (top row, extreme right) and President of the Law Society, Mr Gregory Vijayendran, SC (bottom row, second from left) also joined in for the group photo AGC colleagues at the 10th Yellow Ribbon Prison Run AGC ANNUAL REPORT 2018 AGC ANNUAL REPORT 2018
AGC also supported several new initiatives such as:
PROTECTING THE ENVIRONMENT
AGC’s annual Racial Harmony Day, which Having obtained the prestigious Eco-Office AGC worked with its Integrated Facilities featured a cook-for-charity bazaar that Certification for three years (2017 to 2020), Management service provider to closely AGC is committed to doing its part for the monitor electrical and water consumption raised more than environment in 2018. as well as recycling efforts, ensuring that S$5,000 its targets were met. Continuous Efforts for the Children’s Cancer Complementing its digitalisation efforts, Foundation As part of efforts to maintain an eco- AGC encouraged staff to go “paperless” friendly office, AGC monitored the whenever possible. With strong staff organisation’s electricity consumption, support, a significant amount of paper amount of paper used and amount of print reduction was observed in FY2018. recycled materials.
Paper printing was reduced from Annual targets were set to reduce electrical The Chief Justice’s Cup The event raised Charity Futsal Tournament, consumption by a charity event jointly more than organised by the Yellow S$100,000 3% Ribbon Fund (YRF) and for the YRF-SAL STAR 4,397 3,001 the Singapore Academy of to (Skills Training Assistance to sheets per sheets per Law (SAL), was supported Re-Start) Bursary, which provides reduce paper capita in FY2017 capita in FY2018 66 by various law firms and 67 AGC. AGC fielded a team educational bursaries to financially consumption by of players led by Deputy disadvantaged ex-offenders AGC also collaborated with its landlord, Attorney-General Hri PARKROYAL on Pickering Hotel, to Kumar Nair, SC. 5% participate in Earth Hour on 24 March 2018, showing its full support for the annual worldwide movement. increase recycling efforts by A shoe collection drive on behalf of Million Lighting Pte Ltd and Soles4Souls, 5% which aimed to collect gently worn or new footwear for redistribution to people in need all around the world. A call was put out to AGC officers in April 2018 for their kind donations.
Shoes collected for the shoe collection drive
These activities were organised or supported by AGC’s Community Welfare Committee, which aims to make AGC a more caring and compassionate organisation through involvement in community projects and initiatives. AGC ANNUAL REPORT 2018
Creating Awareness Initiatives and Outreach AGC also creates regular eco-effort AGC installed thimbles provided by the awareness notices for its staff. Eco-related Public Utilities Board on all taps within posters were published on AGC’s intranet its office premises as part of continuous and lift television screen panels on a efforts to reduce water consumption. monthly basis. The thimbles control and minimise water pressure.
In addition, AGC will be including eco- friendly and green building materials, as well as energy-saving lightings, in tender requirements for major fitting-out works in upcoming years. Guided nature trails and hands-on workshops are also on the calendar to create greater awareness of the importance of saving the environment.
An example of an eco-related poster published on the agency’s intranet and lift screen panels
68 www.agc.gov.sg