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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. -
Opening of the Legal Year 2019
ISSUE 01 • MAY 2019 OPENING OF THE LEGAL STATE COURTS TOWERS: FAMILY JUSTICE COURTS YEAR 2019: THE NEXT STRUCTURAL WORKS WORKPLAN 2019: CHAPTER IN OUR JOURNEY COMPLETED EVERY OUTCOME – A WAY FORWARD JUDICIARY TIMES • MAY 2019 02 HIGHLIGHTS OPENING OF THE LEGAL YEAR 2019: HIGHLIGHTS THE NEXT CHAPTER Opening of the Legal Year 2019: 01 The Next Chapter in Our Journey IN OUR JOURNEY State Courts Towers: 03 Structural Works Completed Family Justice Courts Workplan 2019: 04 Every Outcome – A Way Forward EVENTS & INITIATIVES State Courts Workplan 2019: 05 2020 and Beyond Supreme Court Strategic Compass 06 2019 - 2022 SICC Conference 07 Judicial Insolvency Network Meeting 07 The 2nd Asean Family Judges Forum 08 CAPS Dialogue with Family Service 08 Centres Family Mediation Symposium 09 State Courts Re-appoint Volunteer 09 Mediators The Executive Leadership Programme 10 Led by The Honourable the Chief Justice Sundaresh Menon, the Supreme Court Bench adorned their ceremonial robes to Counter-terrorism Exercise at the 11 herald the Opening of Legal Year on 7 January at the Supreme Supreme Court Court Auditorium. Invited guests from the legal community, including legal luminaries from abroad, were addressed by Free Food and Books Available in 11 Chief Justice, Attorney-General Lucien Wong, and Mr Gregory the Courthouse Vijayendran, SC, President of the Law Society, who took stock of the work done in the past year, and set out the directions ahead. Read the full response at: www.supremecourt.gov.sg/news/speeches/ NOTABLE VISITS 12 In his address, Chief Justice exhorted the legal community to shift their collective attention to prepare themselves for a Bringing the day’s event to a close, dramatically changing legal landscape that is being reshaped Chief Justice and Mrs Menon hosted WHAT’S NEW? 15 by three significant forces: globalisation, technology, and the the annual Judiciary Dinner at the growing commercialisation of the law. -
Minlaw) Invited Applications for the Second Round of Qualifying Foreign Law Practice (QFLP) Licences on 1 July 2012
PRESS RELEASE AWARD OF THE SECOND ROUND OF QUALIFYING FOREIGN LAW PRACTICE LICENCES The Ministry of Law (MinLaw) invited applications for the second round of Qualifying Foreign Law Practice (QFLP) licences on 1 July 2012. Twenty-three applications were received by the closing date of 31 August 2012. 2 QFLP licences will be awarded to the following four firms (listed in alphabetical order): Gibson, Dunn & Crutcher; Jones Day; Linklaters, and Sidley Austin. 3 The firms will have up to six months from 1 April 2013 to commence their operations as QFLPs, and their licences will be valid for an initial period of five years from the respective start dates. Background 4 The QFLP scheme was introduced in 2008 following the recommendations of the Committee to Develop the Legal Sector chaired by Justice V K Rajah. The Committee, which included senior lawyers from top local firms, assessed that local firms and local lawyers would benefit from the increased foreign presence and competition over time. 5 The QFLP licences allow Foreign Law Practices (FLPs) to practise in permitted areas of Singapore law1. The scheme seeks to support the growth of key economic sectors, grow the legal sector, as well as to offer additional 1 Permitted areas are all areas except domestic areas of litigation and general practice, for example, criminal law, retail conveyancing, family law and administrative law. The QFLPs can practise the permitted areas through Singapore-qualified lawyers with practising certificates or foreign lawyers holding the foreign practitioner certificate. 1 opportunities for our lawyers. A total of six FLPs2 were awarded QFLP licences in the first round in 2008. -
The Development of Singapore Law: a Bicentennial Retrospective1
(2020) 32 SAcLJ 804 (Published on e-First 8 May 2020) THE DEVELOPMENT OF SINGAPORE LAW: A BICENTENNIAL RETROSPECTIVE1 The present article reviews (in broad brushstrokes) the status of Singapore law during its bicentennial year. It is not only about origins but also about growth – in particular, the autochthonous or indigenous growth of the Singapore legal system (particularly since the independence of Singapore as a nation state on 9 August 1965). The analysis of this growth is divided into quantitative as well as qualitative parts. In particular, the former constitutes an empirical analysis which attempts – for the very first time − to tell the development of Singapore law through numbers, building on emerging techniques in data visualisation and empirical legal studies. Andrew PHANG Judge of Appeal, Supreme Court of Singapore. GOH Yihan Professor of Law, School of Law, Singapore Management University. Jerrold SOH Assistant Professor of Law, School of Law, Singapore Management University; Co-Founder, Lex Quanta. I. Introduction 1 The present article, which reviews (in broad brushstrokes) the status of Singapore law during its bicentennial year since the founding of Singapore by Sir Stamford Raffles in 1819, is of particular significance as English law constitutes the foundation of Singapore law. The role of Raffles and his successors, therefore, could not have been more directly 1 All views expressed in the present article are personal views only and do not reflect in any way the views of the Supreme Court of Singapore, the Singapore Management University or Lex Quanta. Although this article ought, ideally, to have been published last year, the immense amount of case law that had to be analysed has led to a slight delay. -
SOL LLM Brochure 2021 Copy
SMU – Right in the Heart of Asia’s Hub, Singapore Masters of Laws In the dynamic, cosmopolitan hub that is Singapore, you will find a vibrant city-state that pulses with the diversity of both East and West. LL.M. in Judicial Studies Situated at the cross-roads of the world, Singapore is home to multinational companies and thousands of small and medium-sized LL.M. in Cross-border Business and Finance Law in Asia enterprises flourishing in a smart city renowned for its business excellence and connectivity. With its strong infrastructure, political Dual LL.M. in Commercial Law (Singapore & London) stability and respect for intellectual property rights, this City in a Garden offers you unique opportunities to develop as a global citizen. Thorough. Transnational. Transformative. Tapping into the energy of the city is a university with a difference — the Singapore Management University. Our six schools: the School of Accountancy, Lee Kong Chian School of Business, School of Computing and Information Systems, School of Economics, Yong Pung How School of Law, and School of Social Sciences form the country’s only city campus, perfectly sited to foster strategic links with businesses and the community. Modelled after the University of Pennsylvania’s Wharton School, SMU generates leading-edge research with global impact and produces broad-based, creative and entrepreneurial leaders for a knowledge-based economy. Discover a multi-faceted lifestyle right here at SMU, in the heart of Singapore. The SMU Masters Advantage GLOBAL RECOGNITION SMU is globally recognised as one of the best specialised universities in Asia and the world. -
331KB***Administrative and Constitutional
(2016) 17 SAL Ann Rev Administrative and Constitutional Law 1 1. ADMINISTRATIVE AND CONSTITUTIONAL LAW THIO Li-ann BA (Oxon) (Hons), LLM (Harvard), PhD (Cantab); Barrister (Gray’s Inn, UK); Provost Chair Professor, Faculty of Law, National University of Singapore. Introduction 1.1 In terms of administrative law, the decided cases showed some insight into the role of courts in relation to: handing over town council management to another political party after a general election, the susceptibility of professional bodies which are vested with statutory powers like the Law Society review committee to judicial review; as well as important observations on substantive legitimate expectations and developments in exceptions to the rule against bias on the basis of necessity, and how this may apply to private as opposed to statutory bodies. Many of the other cases affirmed existing principles of administrative legality and the need for an evidential basis to sustain an argument. For example, a bare allegation of bias without evidence cannot be sustained; allegations of bias cannot arise when a litigant is simply made to follow well-established court procedures.1 1.2 Most constitutional law cases revolved around Art 9 issues. Judicial observations on the nature or scope of specific constitutional powers were made in cases not dealing directly with constitutional arguments. See Kee Oon JC in Karthigeyan M Kailasam v Public Prosecutor2 noted the operation of a presumption of legality and good faith in relation to acts of public officials; the Prosecution, in particular, is presumed “to act in the public interest at all times”, in relation to all prosecuted cases from the first instance to appellate level. -
Chief Justice Sundaresh Menon
RESPONSE BY CHIEF JUSTICE SUNDARESH MENON OPENING OF THE LEGAL YEAR 2018 Monday, 8 January 2018 Mr Attorney, Mr Vijayendran, Members of the Bar, Honoured Guests, Ladies and Gentlemen: I. Introduction 1. It is my pleasure, on behalf of the Judiciary, to welcome you all to the Opening of this Legal Year. I particularly wish to thank the Honourable Chief Justice Prof Dr M Hatta Ali and Justice Takdir Rahmadi of the Supreme Court of the Republic of Indonesia, the Right Honourable Tun Md Raus Sharif, Chief Justice of Malaysia, and our other guests from abroad, who have made the effort to travel here to be with us this morning. II. Felicitations 2. 2017 was a year when we consolidated the ongoing development of the Supreme Court Bench, and I shall begin my response with a brief recap of the major changes, most of which have been alluded to. 1 A. Court of Appeal 3. Justice Steven Chong was appointed as a Judge of Appeal on 1 April 2017. This was in anticipation of Justice Chao Hick Tin’s retirement on 27 September 2017, after five illustrious decades in the public service. In the same context, Justice Andrew Phang was appointed Vice-President of the Court of Appeal. While we will feel the void left by Justice Chao’s retirement, I am heartened that we have in place a strong team of judges to lead us forward; and delighted that Justice Chao will continue contributing to the work of the Supreme Court, following his appointment, a few days ago, as a Senior Judge. -
OPENING of the LEGAL YEAR 2021 Speech by Attorney-General
OPENING OF THE LEGAL YEAR 2021 Speech by Attorney-General, Mr Lucien Wong, S.C. 11 January 2021 May it please Your Honours, Chief Justice, Justices of the Court of Appeal, Judges of the Appellate Division, Judges and Judicial Commissioners, Introduction 1. The past year has been an extremely trying one for the country, and no less for my Chambers. It has been a real test of our fortitude, our commitment to defend and advance Singapore’s interests, and our ability to adapt to unforeseen difficulties brought about by the COVID-19 virus. I am very proud of the good work my Chambers has done over the past year, which I will share with you in the course of my speech. I also acknowledge that the past year has shown that we have some room to grow and improve. I will outline the measures we have undertaken as an institution to address issues which we faced and ensure that we meet the highest standards of excellence, fairness and integrity in the years to come. 2. My speech this morning is in three parts. First, I will talk about the critical legal support which we provided to the Government throughout the COVID-19 crisis. Second, I will discuss some initiatives we have embarked on to future-proof the organisation and to deal with the challenges which we faced this past year, including digitalisation and workforce changes. Finally, I will share my reflections about the role we play in the criminal justice system and what I consider to be our grave and solemn duty as prosecutors. -
Visit on Dispute Resolution Services in Singapore 1
VISIT ON DISPUTE RESOLUTION SERVICES IN SINGAPORE The Secretary for Justice, Mr Rimsky Yuen, SC, visited Singapore from The Secretary for April 2 to 3 to promote Hong Kong as a legal services hub and a dispute 1 Justice, Mr Rimsky resolution centre in the Asia Pacific Region, and to enhance ties with Yuen, SC (left), Singapore’s legal sector. meets Singapore’s Senior Minister Mr Yuen met the Senior Minister of State of the Ministry of Law, Ms of State of the Indranee Rajah and the Attorney-General, Mr Steven Chong Horng Ministry of Law, Siong, SC, to discuss matters of mutual interest including the direction 1 Ms Indranee Rajah. of legal policy in both jurisdictions. Mr Yuen (left) He later visited the Maxwell Chambers, which provides alternative dispute 2 meets Singapore’s resolution (ADR) facilities and services in Singapore. Mr Yuen met Mr Attorney-General, Philip Jeyaretnam and Mr Ban Jiun Ean, respectively the Chairman and Mr Steven Chong Chief Executive of the Maxwell Chambers. He also met Mr Minn Naing Horng Siong, SC Oo, the Chief Executive Officer of the Singapore International Arbitration (right). Centre. Mr Yuen exchanged views with them on the latest development of ADR in the international context, and highlighted the Department of Justice’s objective to enhance Hong Kong’s status as a regional hub for legal and ADR services. 2 Mr Yuen also took the opportunity to meet the Dean of the Faculty of Law, National University of Singapore, Professor Simon Chesterman; and the Dean of the School of Law, Singapore Management University, Professor Yeo Tiong Min. -
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. -
Steep Rise Ltd V Attorney-General
Steep Rise Ltd v Attorney-General [2020] SGCA 20 Case Number : Civil Appeal No 30 of 2019 Decision Date : 24 March 2020 Tribunal/Court : Court of Appeal Coram : Tay Yong Kwang JA; Steven Chong JA; Woo Bih Li J Counsel Name(s) : Chan Tai-Hui, Jason SC, Tan Kai Liang, Daniel Seow Wei Jin, Victor Leong Hoi Seng and Lim Min Li Amanda (Allen & Gledhill LLP) for the appellant; Kristy Tan, Kenneth Wong, Ng Kexian and Tan Ee Kuan (Attorney-General's Chambers) for the respondent. Parties : Steep Rise Limited — Attorney-General Criminal Procedure and Sentencing – Mutual legal assistance – Duty of full and frank disclosure Criminal Procedure and Sentencing – Mutual legal assistance – Enforcement of foreign confiscation order – Risk of dissipation 24 March 2020 Tay Yong Kwang JA (delivering the grounds of decision of the court): Introduction 1 On 22 August 2017, a Restraint Order was made by the High Court on the application of the Attorney-General (“the AG”) pursuant to s 29 read with para 7(1) of the Third Schedule of the Mutual Assistance in Criminal Matters Act (Cap 190A, 2001 Rev Ed) (“MACMA”), restraining any dealing with the funds in the bank account of Steep Rise Limited (“the appellant”) in the Bank of Singapore (“the BOS Account”). Subsequently, the appellant applied to the High Court to discharge the order of court. The High Court Judge (“the Judge”) dismissed the application and made no order as to costs as the AG did not seek an order for costs. 2 The appellant then appealed against the Judge’s decision. -
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.