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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. -
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. -
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. -
Institutionalized Leadership: Resilient Hegemonic Party Autocracy in Singapore
Institutionalized Leadership: Resilient Hegemonic Party Autocracy in Singapore By Netina Tan PhD Candidate Political Science Department University of British Columbia Paper prepared for presentation at CPSA Conference, 28 May 2009 Ottawa, Ontario Work- in-progress, please do not cite without author’s permission. All comments welcomed, please contact author at [email protected] Abstract In the age of democracy, the resilience of Singapore’s hegemonic party autocracy is puzzling. The People’s Action Party (PAP) has defied the “third wave”, withstood economic crises and ruled uninterrupted for more than five decades. Will the PAP remain a deviant case and survive the passing of its founding leader, Lee Kuan Yew? Building on an emerging scholarship on electoral authoritarianism and the concept of institutionalization, this paper argues that the resilience of hegemonic party autocracy depends more on institutions than coercion, charisma or ideological commitment. Institutionalized parties in electoral autocracies have a greater chance of survival, just like those in electoral democracies. With an institutionalized leadership succession system to ensure self-renewal and elite cohesion, this paper contends that PAP will continue to rule Singapore in the post-Lee era. 2 “All parties must institutionalize to a certain extent in order to survive” Angelo Panebianco (1988, 54) Introduction In the age of democracy, the resilience of Singapore’s hegemonic party regime1 is puzzling (Haas 1999). A small island with less than 4.6 million population, Singapore is the wealthiest non-oil producing country in the world that is not a democracy.2 Despite its affluence and ideal socio- economic prerequisites for democracy, the country has been under the rule of one party, the People’s Action Party (PAP) for the last five decades. -
JUDICIARY TIMES - Issue 01
JUDICIARY TIMES - ISSUE 01 ISSUE 01 | MAY 2018 JUDICIARY TIMES Opening of Twelve Key Initiatives The Family Justice Legal Year 2018: Announced at Courts Workplan 2018: Towards a Future- State Courts In the Next Phase Ready Legal Sector Workplan 2018 1 JUDICIARY TIMES - ISSUE 01 CONTENTS ISSUE 01 | MAY 2018 01 03 04 OPENING OF JUDGES AND TWELVE KEY LEGAL YEAR 2018: INTERNATIONAL InitiatiVES Towards A JUDGES ATTEND ANNOUNCED at FUTURE-Ready SICC 2018 State Courts LEGAL Sector WORKPLAN 2018 05 06 07 International THE Family Court AND TRIBUNAL IT DEVELOPMENTS JUSTICE Courts Administrators AND ITS IMPACT WORKPLAN 2018: attend THE ON LAW IN THE NEXT PHASE EXECUTIVE LEADERSHIP ProGRAMME 2 JUDICIARY TIMES - ISSUE 01 07 08 08 SMU SCHOOL Volunteer TRAINING FOR OF LAW HOSTS Mediators newly recruited LUNCH FOR attend TRAINING Volunteer SUPREME COURT ProGRAMME Support PERSONS BENCH 09 09 10 State Courts State Courts THE JUDICIARY introduces launcH GIVES Back to DOCUMENTS-Only PHASE 2 SOCIETY process FOR OF THE CJTS CIVIL CASES 11-13 14 15 15 16 NotaBLE WHAT’S AWARDS & UPCOMING BEHIND THE VISITS NEW ACCOLADES EVENTS SCENES 3 JUDICIARY TIMES - ISSUE 01 HIGHLIGHTS OPENING OF LEGAL YEAR 2018: Towards A FUTURE - Ready LEGAL Sector The Opening of the Legal Year on 8 January was Chief Justice also highlighted the challenges ahead for marked by the traditional ceremony that took place the legal fraternity and the courts, which included in the morning at the Supreme Court Auditorium, the potential disruptive force of technology and the followed by the Judiciary Dinner held at the Istana. -
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Singapore Academy of Law From the SelectedWorks of Jack Tsen-Ta LEE December, 2012 Shall the Twain Never Meet? Competing Narratives and Discourses of the Rule of Law in Singapore Jack Tsen-Ta Lee Available at: https://works.bepress.com/jacklee/37/ School of Law Singapore Management University 60 Stamford Road, #04-11, Singapore 178900 [email protected] y http://www.law.smu.edu.sg 3 October 2012 Shall the Twain Never Meet? Competing Narratives and Discourses of the Rule of Law in Singapore Jack Tsen-Ta Lee* * LLB (Hons) (Nat’l University of Singapore), LLM (UCL, Lond); PhD (B’ham); Advocate & Solicitor (Singapore), Solicitor (England & Wales); Assistant Professor of Law, School of Law, Singapore Management University. © 2012. This article was published as [2012] Singapore Journal of Legal Studies 298– 330 and may be downloaded at http://law.nus.edu.sg/sjls/articles/SJLS-Dec-12- 298.pdf. It may also be obtained from the Singapore Management University Repository at http://works.bepress.com/jacklee/37/ and the Social Sciences Research Network at http://ssrn.com/abstract=2236053. Singapore Journal of Legal Studies [2012] 298–330 SHALL THE TWAIN NEVER MEET? COMPETING NARRATIVES AND DISCOURSES OF THE RULE OF LAW IN SINGAPORE Jack Tsen-Ta Lee∗ This article aims to assess the role played by the rule of law in discourse by critics of the Singapore Government’s policies and in the Government’s responses to such criticisms. It argues that in the past the two narratives clashed over conceptions of the rule of law, but there is now evidence of convergence of thinking as regards the need to protect human rights, though not necessarily as to how the balance between rights and other public interests should be struck. -
OPENING of the LEGAL YEAR 2019 Speech by Attorney-General
OPENING OF THE LEGAL YEAR 2019 Speech by Attorney-General, Mr Lucien Wong, S.C. Monday, 7 January 2019 Supreme Court Building, Level Basement 2, Auditorium May it please Your Honours, Chief Justice, Judges of Appeal, Judges and Judicial Commissioners of the Supreme Court, Introduction: AGC in Support of the Government, for the People 1 2018 was a fast-paced year for the Government and for the Attorney-General’s Chambers. The issues occupying the thoughts of Singapore’s leaders were complex and varied, with several key themes coming to the fore. These themes shaped our work over the past year, as we strove to be a strategic partner in support of the Government’s plans and initiatives, for the benefit of our country and its citizens. I will touch on three of these themes. 2 The first theme was our Smart Nation. This initiative aims to tap on the ongoing digital revolution in order to transform Singapore through technology. The Smart Nation vision is for Singapore to be a world-class leader in the field of digital innovation, resting on the triple pillars of a digital economy, digital government, and digital society. The Smart Nation revolution will play a critical part in ensuring our continued competitiveness on the world stage, powered by digital innovation. 1 3 Data sharing was and continues to be a critical aspect of this initiative. To this end, a new law was passed in 2018 which introduced a data sharing regime among different agencies in the Singapore Government. The Public Sector (Governance) Act 2018, which was drafted by our Chambers in support of this initiative, underpins and formalises a data sharing framework for the Singapore public sector. -
Parliamentary Elections Act (Chapter 218)
FRIDAY, JUNE 9, 2006 1 First published in the Government Gazette, Electronic Edition, on 8th June 2006 at 5.00 pm. No. 1432 — PARLIAMENTARY ELECTIONS ACT (CHAPTER 218) NOTICE UNDER SECTION 75 Notice is hereby given, pursuant to section 75 of the Parliamentary Elections Act, that the returns respecting the election expenses and their accompanying statements in connection with the contested parliamentary elections held on 6 May 2006 were received from the election agents of the candidates whose names are set out in the first column of the Schedule on the dates set out in the second column thereof. The returns and statements may be inspected at the office of the Returning Officer, 11 Prinsep Link, Singapore 187949, during office hours on any working day during the period of 6 months from the date of the publication of this Notice. THE SCHEDULE First column Second column 1. Ling How Doong 18 May 2006 2. Steve Chia Kiah Hong 24 May 2006 3. Chiam See Tong 27 May 2006 4. Mohamed Isa B Abdul Aziz 29 May 2006 5. Sin Kek Tong 29 May 2006 6. Yong Chu Leong 29 May 2006 7. Chee Siok Chin 30 May 2006 8. Sng Choon Guan 30 May 2006 9. Abdul Salim Bin Harun 31 May 2006 10. Chan Soo Sen 31 May 2006 11. Cynthia Phua Siok Gek 31 May 2006 12. Denise Phua Lay Peng 31 May 2006 13. Eric Low Siak Meng 31 May 2006 14. Fong Chin Leong 31 May 2006 15. Gan Kim Yong 31 May 2006 16. George Yong-Boon Yeo 31 May 2006 17. -
View Brochure
th ANNIVERSARY Artist Impression of the School of Law. CONTENTS e First Decade e Founding Years e Future 2 LAW OF SCHOOL 3 LAW OF SCHOOL e idea of the “We were audacious aer “Aer sending in the proposal, I told SMU Law School receiving encouragement – we my colleagues in the Law Department was in the minds were cautioned to take it slowly we had a 50-50 chance of getting a law of the SMU and open the school a few years school. e arguments for it – diversity, later than when we actually did. competition and SMU’s development – leadership from We took a risk but being young were compelling enough, but whether the university’s and impatient, we discarded the proposal would be accepted inception. caution and brought forward depended on the powers that be. When our vision by a few years. In the the good news came, we were elated! end, we pulled it o and the Law It was a great privilege to have been School has been acknowledged involved in the start-up of the SMU Law as one of the nest in Asia since School - a memory I will always cherish.” then. e moral? Carpe diem … seize the day!” Associate Professor Low Kee Yang, School of Law Mr Ho Kwon Ping, Chairman, Board of Trustees, SMU “A Law School was in the original plan of SMU. It’s a natural discipline that ts in well with the original concept of a management university.” Professor Tan Chin Tiong, Senior Advisor to President, SMU 5 LAW OF SCHOOL “I remember receiving a call, as president, in early 2007 saying that the opening of a new “It was vital for the School to law school at SMU had been oer a distinct law education approved. -
SAL Annual Report 2017
An nu al R ep or t 2017/18 ears of Sharing and Creating Value The SAL Story 03 An interview with The President 06 SAL 30th Anniversary Celebration 08 SAL Senate 10 SAL Executive Board 12 SAL Key Executives 14 Organisational Structure 15 Key Statistics 16 Setting new precedents for Singapore Law 17 Financial Statements 35 SAL ANNUAL THE 02 REPORT 2017/18 SAL STORY 03 THE SAL STORY The Singapore Academy of Law Bill was Our Vision passed in 1988. It was said to be a giant step forward; lawyers will have a forum Singapore — for sharing ideas, SAL will not only help to promote a sense of belonging amongst The Legal hub of Asia members of the legal profession, but also raise the standard of legal services in Singapore. At least 1,700 people were Our Mission expected to be members, including judges, practising lawyers, legal service officers, Driving legal excellence lecturers in the university’s law faculty and law students. through thought leadership, Modelled after the Inns of Court in London, SAL provided dining facilities world-class infrastructure in City Hall to enable the Chief Justice and judges to get together over lunches and solutions and dinners with members of the legal fraternity for closer rapport. At the first Senate meeting held on 19 January 1989, with the late CJ Wee Chong Jin as President, eight Committees were appointed to carry out the functions of SAL. None had full-time staff. It was nevertheless a promising start. The first issue of the Singapore Academy of Law Journal was published in December 1989 and in the following year, SAL organised its first major conference to discuss “Legal Services in the 1990s”. -
Singapore Judgments
This judgment is subject to final editorial corrections approved by the court and/or redaction pursuant to the publisher’s duty in compliance with the law, for publication in LawNet and/or the Singapore Law Reports. Guy Neale and others v Ku De Ta SG Pte Ltd [2015] SGCA 28 Court of Appeal — Civil Appeal No 171 of 2013 Sundaresh Menon CJ, Chao Hick Tin JA and Andrew Phang Boon Leong JA 26 May 2014; 11 March 2015 Trade marks and trade names — Licensing 26 May 2015 Judgment reserved. Sundaresh Menon CJ (delivering the judgment of the court): Introduction 1 The parties in this appeal are operators of popular dining and nightlife establishments. Their dispute concerns the use of the name “Ku De Ta”. The parties on both sides use this name for their respective businesses. All of the appellants are current members of a partnership (“the Partnership”) that owns and operates a restaurant, bar and club in Bali, Indonesia. The Partnership is also the beneficial owner of two registered trade marks in Singapore relating to the “Ku De Ta” name (“the Singapore Marks”). The registrations for the Singapore Marks were until recently held by Nine Squares Pty Ltd (“Nine Squares”) on trust for the Partnership. The respondent is Ku De Ta SG Pte Ltd (“the Respondent”), a company that operates the restaurant, bar, lounge and club which bear the “Ku De Ta” name at the Skypark at the Marina Bay Sands Guy Neale v Ku De Ta SG Pte Ltd [2015] SGCA 28 development (“MBS”) in Singapore. For convenience, we will refer to the Partnership’s business as “Ku De Ta Bali” and the Respondent’s business as “Ku De Ta Singapore”. -
Competing Narratives and Discourses of the Rule of Law in Singapore
Singapore Journal of Legal Studies [2012] 298–330 SHALL THE TWAIN NEVER MEET? COMPETING NARRATIVES AND DISCOURSES OF THE RULE OF LAW IN SINGAPORE Jack Tsen-Ta Lee∗ This article aims to assess the role played by the rule of law in discourse by critics of the Singapore Government’s policies and in the Government’s responses to such criticisms. It argues that in the past the two narratives clashed over conceptions of the rule of law, but there is now evidence of convergence of thinking as regards the need to protect human rights, though not necessarily as to how the balance between rights and other public interests should be struck. The article also examines why the rule of law must be regarded as a constitutional doctrine in Singapore, the legal implications of this fact, and how useful the doctrine is in fostering greater solicitude for human rights. Singapore is lauded for having a legal system that is, on the whole, regarded as one of the best in the world,1 and yet the Government is often vilified for breaching human rights and the rule of law. This is not a paradox—the nation ranks highly in surveys examining the effectiveness of its legal system in the context of economic compet- itiveness, but tends to score less well when it comes to protection of fundamental ∗ Assistant Professor of Law, School of Law, Singapore Management University. I wish to thank Sui Yi Siong for his able research assistance. 1 See e.g., Lydia Lim, “S’pore Submits Human Rights Report to UN” The Straits Times (26 February 2011): On economic, social and cultural rights, the report [by the Government for Singapore’s Universal Periodic Review] lays out Singapore’s approach and achievements, and cites glowing reviews by leading global bodies.