An Official Publication of The Law Society of Singapore | April 2014 Harneys is pleased to announce the opening of our 6LQJDSRUHRI¿FH Colin Riegels - Partner Banking, Finance & Corporate [email protected] Lisa Pearce - Partner Investment Funds [email protected] Shari Hawke - Counsel Corporate & Funds [email protected] Richard Griffi ths - Senior Associate Banking & Finance richard.griffi [email protected] Henno Boshoff - Associate Trust & Private Wealth henno.boshoff @harneys.com Zitian Ng - Associate Banking & Finance [email protected] Harney Westwood & Riegels HARNEYS | Singapore 20 Collyer Quay #21-02 Singapore 049319 T: +65 3152 1930 F: +65 3152 1931 The leading BVI law fi rm for over 50 years. A growing and dynamic Cayman practice. British Virgin Islands Montevideo Sub-Saharan Africa Cayman Islands Hong Kong Russia, CIS & CEE www.harneys.com Brazil Cyprus London Mauritius Anguilla Singapore New Zealand 01 Presidentʼs Message Th ree Hundred and Eighty-six A young lawyer gave me an enthusiastic wave when he saw is not a decision that they take lightly. Many struggle with me from across the lobby the other day at the Supreme it, some for years. It does seem a waste to walk away from Court building. He was cheerful, in good spirits and was on what had seemed a cherished goal just a few short years his way back to the offi ce after his hearing was done. “Off before as they graduated from law school. so quickly? You should drop by our Bar room for coffee,” I suggested to him. “Thanks, but lots to do at the offi ce,” he Soon after OLY, quite a number of young lawyers actually replied with a cheerful grin. “By the way, President, I am one called me to give me their views about why they or their of your 386!” We both laughed. friends chose to leave or are thinking about leaving private practice. Particularly poignant was a rather weary young I am told this number does have an auspicious ring to it in lady in the middle category, torn between continuing in her Cantonese. But when I fi rst mentioned it at OLY (Opening high pressure, high demand job as a litigator and crossing of the Legal Year) 2014, it wasn’t exactly in a celebratory over to another career possibly as in-house counsel. Her context. The fi gure, of course, refers to the number of love lies in practising the law as a practitioner but the lawyers in the middle category holding Practising Certifi cates pressures of handling high stakes litigation, winning them (“PCs”) as at the start of 2014. It is a surprisingly low fi gure and wining clients whilst sacrifi cing her time with family and compared to those in the junior and senior categories; friends have taken a toll on her enjoyment in a career in one that makes each of the 386 holders of PCs in this private practice she had thought she would stick to for life. category out to be rather rare and special. Like the 300 men who fought alongside Gideon in the Biblical account I do not think I was able to give her any advice or any who overcame overwhelming odds to triumph in battle or particularly enlightening pointers, but I think she appreciated the estimated 600 who staunchly defended the Alamo with the fact that what she was struggling with is a common Davy Crockett about 200 years ago, some have likened experience amongst many of her peers. The pressures and the 386 to brave men on a mission; men who would not be the commercial realities of private practice are unrelenting. deterred, whether by hardship or fortune, from the fulfi lment They demand an intensity which no doubt diminishes the of their mission. Whilst such comparison no doubt is well strength or stamina for a full and extended career. Such intended, I think it is hardly a fair one. pressures in turn create push factors which coupled with the pull factors presented as a result of the economic boom In the fi rst place, I do not think there is any justifi cation to we have experienced over the last eight to nine years, say that those in the middle category who have chosen to have been a big reason for the crossovers and even for leave private practice are any less committed either to the the sizeable numbers who apparently have entirely left the profession or to fulfi lling their own dreams and ambitions. profession for careers in the arts, in banking, in the food and Anecdotal evidence appears to suggest that a good number beverage industries and as entrepreneurs. of our younger members do leave private practice after a few years to pursue professionally fulfi lling as well as rewarding It is not that the profession is all that bad; it is also a case careers either in-house, in the Courts, with MinLaw or the that our economy has been that good. And our members Attorney-General’s chambers. Such “crossovers”, whilst still are that talented and versatile. a loss for private practice, do not result in a loss of talent from the profession. They do, however, raise questions as An interesting article appeared recently in our Straits Times, to the ability of our fi rms to retain talented and promising highlighting the beautiful blooms that have been sprouting young lawyers for a full career in private practice. all over Singapore, in very much the way the world renowned cherry blossoms have been adorning the parks What I do know is that when the lawyers think about and highways in Japan this time of the year. Singaporeans crossing over (or even leaving the profession entirely), it identify with that story. Our pink mempats, trumpet trees Continued on page 4 Singapore Law Gazette April 2014 Contents President’s Three Hundred and Eighty-six 01 Message M News Diary and Upcoming Events 06 Council and Committee Updates 08 N The Law Society’s Defence Assist Scheme 10 Part B of the Singapore Bar Examinations 2013 14 Features Discovery Disputes Under the Criminal Case Disclosure Conference Regime 16 – Process and Resolution F Bonus Payments: Who Calls the Shots? 22 How Well Do You Understand the Personal Data Protection Act 29 and its Practical Implications? Columns Ethics In Practice – Silence is Golden 37 C Legal Management – Valuation of Intellectual Property 38 Lifestyle Alter Ego – The Occupiers’ Liability 41 L Travel – Sipadan – Divers Paradise in Peril 43 Notices Professional Moves 50 N Information on Wills 52 Appointments 55 A Th e Singapore Law Gazette LexisNexis Ms Lisa Sam, Mr Anand Nalachandran, Mr Lee Terk Yang, 3 Killiney Road, # 08-08, Winsland House 1, Singapore Th e Law Society’s Mission Statement Ms Rajvant Kaur, Ms Usha Ranee Chandradas, Mr See Chern Yang, 239519 To serve our members and the Tel: (65) 6733 1380 communitty by sustaining a Mr Yeo Chuan Tat, Mr Paul Tan, Mr Josephus Tan, Ms Simran Kaur competent and independent Bar Toor, Mr Grismond Tien Fax: (65) 6733 1719 which upholds the rule of law and http://www.lawgazette.com.sg ensures access to justice. 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