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L E G A L

S E R V I C E

COMMISSION

ANNUAL REPORT 2014

Legal Service Commission Annual Report 2014

C

Ordered by Parliament to lie upon the Table:

31 July 2015

D | LEGAL SERVICE COMMISSION

OUR

MISSION

The mission of the Legal Service Commission is to maintain a dedicated corps of officers with integrity and ability to staff the Judiciary, the

Attorney-General’s Chambers and the Legal

Service departments of various Ministries and other arms of Government.

Annual Report 2014 | 1

L E G A L

S E R V I C E

COMMISSION

Foreword by the President,

Legal Service Commission

2

Leadership

6

CONTENTS

Towards

Organisational

Excellence

16

Advancing the

Rule of Law

28

Milestone

Programmes

94

Pride in

Service

103

2 | LEGAL SERVICE COMMISSION

Foreword by

THE PRESIDENT,

LEGAL SERVICE

COMMISSION

Annual Report 2014 | 3

T he Singapore Legal Service has come a long way from humble beginnings.

At the time of Singapore’s independence in

1965, it comprised a mere 45 officers. Our strength as at end-2014 stands at 589. Apart from mirroring the remarkable growth of our nation, this expansion is a reflection of our standing as a premier destination for legal talent as well as the broadening scope and diversity of the work undertaken by our officers. Beyond the principal core functions of adjudication, public prosecution, providing legal advice and representation and legislative drafting, Legal Service Officers (“LSOs”) now play a critical role in other important spheres including policy-making and the administration of state bodies.

Within each of these domains, the scale and complexity of our task have been amplified by accelerating socio-politico-economic changes on the global stage. In the past five years, we have had to develop institutional responses to emergent fields such as economic crimes, information technology and environmental regulation. In 2014, recognising the migration of financial crimes into the space of electronic media, the Economic Crimes and Governance

Division of the Attorney-General’s Chambers

(“AGC”) was reconfigured as the Financial and Technology Crime Division, with the prosecution of cybercrime and other technology-related crimes being brought under the direct purview of the Division. This new Division enables the AGC to be more robust in dealing with and restraining the growing threat of technology-based crimes in all its forms.

LSOs have also been at the very heart of reforms to the basic foundations of our legal system. Major institutional changes were enacted in 2014. The Subordinate Courts were renamed the “State Courts” from March 2014 to accord recognition to the central role which the State Courts play in the administration of justice in Singapore. The apex post of the

Chief District Judge was upgraded in April

2014 to the Presiding Judge of the State

Courts, an office that is to be held by a Judge or a Judicial Commissioner of the Supreme

Court to reflect the critical role undertaken by the Presiding Judge. The incumbent

Chief District Judge, an LSO, was appointed a Judicial Commissioner and designated the

Presiding Judge of the State Courts from

14 April 2014. We also reviewed and increased the minimum statutory requirement for a legally qualified person to be appointed a

District Judge or a Magistrate to ensure that

The scale and complexity of our task have been amplified by accelerating socio-politico-economic changes on the global stage.

4 | LEGAL SERVICE COMMISSION the State Courts will continue to have a more experienced and mature Bench. The Family

Justice Courts were created in October

2014 as a separate judicial entity to provide a more integrated system customised to the effective and amicable resolution of family disputes. This historic development provides the framework within which specialist judges and judicial officers can devise more holistic solutions to family-related cases. The establishment of the Singapore International

Commercial Court will complement the success of our arbitration sector and legal profession to serve the regional and global community. These changes collectively evince a bedrock confidence in the abilities of our

LSOs, and I have every expectation that they will measure up to the aspirations behind these reforms.

provided for LSOs at all levels. This dovetails with institutional efforts to achieve the same objective. In 2014, for example, the AGC consolidated its prosecution arm to form the Criminal Justice Division in part to facilitate the mentorship of younger LSOs/ prosecutors. Last October also marked the launch of the new AGC Academy, which now has carriage over all training, continuing education, quality control and skills auditing functions of all officers within the AGC. The

Singapore Judicial College was established in

November 2014. It fully caters to the training needs of Judicial Officers and our Judiciary, ranging from induction to continuing education to milestone programmes. Such concerted emphasis on training and individual development is the keystone of our personnel management philosophy.

As the Legal Service has grown and evolved, its human resource framework has been progressively enhanced and refined. We remain committed to treating each and every

LSO as a valuable talent to be developed to the fullest of his or her potential. The

Service-wide Talent Development Scheme and

Succession Planning framework implemented earlier continues to ensure that individualised training and development opportunities are

The result is that the Legal Service now constitutes an unprecedented pool of legal talent, not just in depth but also in diversity.

Indeed, one may justifiably look back upon 2014 as the year that the Singapore

Legal Service came of age. This sense of maturation is further heightened by the new organisational structure of the Legal Service

Personnel Boards. All LSOs up to Superscale

Grade 3 were from 2007 brought under the

We remain committed to treating each and every LSO as a valuable talent to be developed to the fullest of his or her potential.

Annual Report 2014 | 5 direct oversight of the previous Special and

Senior Personnel Boards. This structure was enhanced from April 2014 through the creation of dedicated Personnel Boards along

“Branch” lines. Whereas the Special and

Senior Personnel Boards previously oversaw a horizontal cross-section of LSOs grouped according to their career grades, LSOs are now under the specific oversight of the Personnel

Board according to the Branch where they are posted. This landmark structural change is consistent with the Legal Service’s increasing emphasis on specialisation and further augments and anchors our talent development and succession planning frameworks. deep appreciation to all the Members of the

Legal Service Commission for their invaluable contributions and unstinting support in the work of the Commission.

In closing, it bears reminding that the many changes which transpired in the past year – and indeed in the past decade – converge upon a common objective, which is to enable the Legal Service and all LSOs to guide and uphold the rule of law in Singapore. At the operational level, the rule of law is upheld by individuals and it is therefore fitting that the

Legal Service has renewed its commitment to develop the talent of each LSO to the greatest extent possible. I know that this philosophy is commensurate to the quality of our officers and will bring lasting dividends to the Legal

Service.

It is befitting for me, at this point, to record my warmest congratulations to Mr V K Rajah, S.C. on his appointment on 25 June 2014 as the

Attorney-General and an ex officio Member of the Legal Service Commission. Mr Rajah, S.C. had, in his previous appointment as a Judge of

Appeal, been a long-standing Member of the

Legal Service Commission since 1 November

2007. I also welcome the appointment from

25 June 2014 of Justice Steven Chong as a

Member of the Legal Service Commission.

Justice Chong was, as the Attorney-General, an ex officio Member of the Legal Service

Commission until 24 June 2014. I record my

Chief Justice

Sundaresh Menon

President

Legal Service Commission

L E A D E R S H I P

Annual Report 2014 | 7

THE LEGAL SERVICE

COMMISSION

T he Legal Service Commission (“LSC”) is constituted under Part IX of the

Constitution of the Republic of Singapore

(“the Constitution”). Article 111(1) of the

Constitution mandates that there shall be an LSC, whose jurisdiction shall extend to all officers in the Singapore Legal Service

(“Legal Service”).

Article 111(2) and Article 111(2A) of the

Constitution provide that the LSC shall consist of:

(a) the Chief Justice, as President;

(b) the Attorney-General;

(iii) at least one but not more than two persons nominated by the Prime

Minister.

If the Chief Justice, the Chairman of the

PSC or the Prime Minister, as the case may be, nominates two persons, at least one must be a person who has for an aggregate period of not less than 10 years been a qualified person within the meaning of section 2(1) of the Legal Profession Act (Cap. 161). These

Members of the LSC shall hold office for such period as the President of Singapore may specify (being not shorter than three years and not longer than five years) and be eligible for re-appointment.

(c) the Chairman of the Public Service

Commission (“PSC”); and

(d) at least three but not more than six other Members, each of whom shall be appointed by the President of Singapore if he, acting in his discretion, concurs with the advice of the person nominating the Member(s), based on the following arrangements:

The LSC has the duty under Article 111(3) of the Constitution to appoint, confirm, emplace on the permanent establishment, promote, transfer, dismiss and exercise disciplinary control over officers in the Legal Service.

The term of one ex officio Member of the LSC concluded on 24 June 2014. The President, concurring with the nomination of the Chief

Justice, approved the appointment of Justice

Steven Chong as a Member of the LSC for three years with effect from 25 June 2014.

(i) at least one but not more than two persons nominated by the Chief

Justice;

(ii) at least one but not more than two persons nominated by the Chairman of the PSC; and

The LSC comprised, as at 31 December 2014,

Chief Justice Sundaresh Menon as President; and the Attorney-General Mr V K Rajah, S.C., the Chairman of the PSC Mr Eddie Teo,

8 | LEGAL SERVICE COMMISSION

THE LEGAL SERVICE COMMISSION

(AS AT 31 DECEMBER 2014)

1

4

7

2

5

8

3

6

9

1

2

3

4

5

6

7

8

9

Annual Report 2014 | 9

8

9

5

1

2

3

4

6

7

THE LEGAL SERVICE

COMMISSION

(as at 31 December 2014)

President

Chief Justice Sundaresh Menon

The Chief Justice

Members

Mr V K Rajah, S.C.

Attorney-General

Mr Eddie Teo

Chairman, PSC

Justice Chao Hick Tin

Judge of Appeal,

Supreme Court

Justice Lee Seiu Kin

Judge,

Supreme Court

Justice Steven Chong

Judge,

Supreme Court

Mr Lucien Wong Yuen Kuai

Mr Lee Tzu Yang

Mr Gautam Banerjee

Judge of Appeal Chao Hick Tin, Justice Lee

Seiu Kin, Justice Steven Chong, Mr Lucien

Wong Yuen Kuai, Mr Lee Tzu Yang and

Mr Gautam Banerjee as Members.

Article 111AA of the Constitution provides for the establishment of one or more personnel boards to exercise all or any of the powers and functions of the LSC under Article 111 over

Legal Service Officers (“LSOs”). The powers and functions of the LSC are devolved to the personnel boards, save for the power to dismiss and exercise disciplinary control over

LSOs as well as all powers in relation to LSOs at and above Superscale Grade 2.

In 2014, the LSC deliberated and decided on matters concerning the Legal Service including:

(a) the appointment of candidates to the

Legal Service as LSOs at Superscale

Grades 2 and above;

(b) the award of the Performance Bonuses, the Variable Increments, the Legal

Professional Allowance and the Long-

Term Incentive and remuneration components to LSOs at Superscale

Grade 2 and above;

(c) the suitability of LSOs for promotion to

Superscale Grade 2 and above; and

(d) the implementation and refinement of various human resource functions and frameworks in the Legal Service.

10 | LEGAL SERVICE COMMISSION

RESTRUCTURING OF THE

SPECIAL PERSONNEL BOARDS

T he Legal Service Personnel Boards were restructured along “Branch” lines in

April 2014 and the framework was revised as follows:

(a) the functions and powers of the previous

Legal Service Special Personnel Board and the previous Legal Service Senior

Personnel Board were merged into a single panel;

(b) the panel was then restructured as two independent Boards along “Branch” lines, namely:

(i) the Judicial Branch Special Personnel

Board; and

(ii) the Legal Branch Special Personnel

Board;

(c) the Judicial Branch Special Personnel

Board has exclusive jurisdiction over all

LSOs below Superscale Grade 2 who are posted in the Judicial Branch departments

(namely the Supreme Court, the Justices’

Law Clerks pool, the State Courts and the Family Justice Courts); and

(d) the Legal Branch Special Personnel

Board has exclusive jurisdiction over all

LSOs below Superscale Grade 2 who are posted or seconded to the Legal

Branch departments (namely all the

Divisions in the Attorney-General’s

Chambers [“AGC”] and the Legal Service departments/units at the Ministries and

Statutory Boards).

The Branch Boards exercise the powers and functions of appointment, confirmation and emplacement on the permanent establishment, promotion and remuneration, and transfers (from and to the Legal

Service Scheme of Service) over all

LSOs below Superscale Grade 2 and the re-postings (within the respective Branch) of all LSOs.

The LSC retains jurisdiction over all LSOs who hold appointments at and above

Superscale Grade 2 and retains exclusive jurisdiction and powers to dismiss and exercise disciplinary control over all LSOs.

THE JUDICIAL BRANCH SPECIAL

PERSONNEL BOARD

Annual Report 2014 | 11

(Left to Right):

Justice Steven Chong,

Justice Chao Hick Tin,

Chief Justice Sundaresh Menon

(Chairman, Judicial Branch Special Personnel Board),

Justice Lee Seiu Kin

THE JUDICIAL BRANCH

SPECIAL PERSONNEL BOARD

The President of the Republic of Singapore, concurring with the advice of the LSC, approved the appointment of Chief Justice

Sundaresh Menon as Chairman of the Judicial

Branch Special Personnel Board; and Judge of Appeal Chao Hick Tin, Justice Lee Seiu

Kin and Justice Steven Chong as Members.

The Judicial Branch Special Personnel

Board comprised, as at 31 December 2014,

Chief Justice Sundaresh Menon as Chairman of the Judicial Branch Special Personnel

Board; and Judge of Appeal Chao Hick

Tin, Justice Lee Seiu Kin and Justice

Steven Chong as Members. The term of the current Judicial Branch Special

Personnel Board is from 25 June 2014 to

31 October 2016.

12 | LEGAL SERVICE COMMISSION

THE LEGAL BRANCH SPECIAL

PERSONNEL BOARD

(Left to Right):

Mr Lionel Yee Woon Chin, S.C. (Solicitor-General),

Mr V K Rajah, S.C. (Attorney-General),

Chief Justice Sundaresh Menon

(Chairman, Legal Branch Special Personnel Board),

Justice Lee Seiu Kin

THE LEGAL BRANCH SPECIAL

PERSONNEL BOARD

The President of the Republic of Singapore, concurring with the advice of the LSC, approved the appointment of Chief Justice

Sundaresh Menon as Chairman of the Legal

Branch Special Personnel Board; and the

Attorney-General Mr V K Rajah, S.C.,

Justice Lee Seiu Kin and the Solicitor-General

Mr Lionel Yee, S.C. as Members.

The Legal Branch Special Personnel Board comprised, as at 31 December 2014, Chief

Justice Sundaresh Menon as Chairman of the

Legal Branch Special Personnel Board; and the Attorney-General Mr V K Rajah, S.C.,

Justice Lee Seiu Kin and the Solicitor-General

Mr Lionel Yee, S.C. as Members. The term of the current Judicial Branch Special Personnel

Board is with effect from 25 June 2014 to

31 October 2016.

Annual Report 2014 | 13

SINGAPORE LEGAL SERVICE

DINNER 2014

T he Singapore Legal Service Dinner was held at the Island Ballroom of the

Shangri-La Hotel on 20 March 2014 to announce changes to the structure of the Legal

Service Personnel Boards. Prime Minister

Lee Hsien Loong was the Guest of Honour.

The Prime Minister was accompanied by

Mrs Lee. The President of the Legal Service

Commission Chief Justice Sundaresh Menon, the Minister for Law Mr K Shanmugam, the

Members of the Legal Service Commission, the Judges and Judicial Commissioners of the

Supreme Court, and their spouses, attended the dinner. They were joined by more than

420 LSOs and other guests. is the spirit and dedication of the LSOs. To carry out your duties and uphold the rule of law without fear or favour. To defend

Singapore’s interests in a more complex and challenging international environment. To stick together as a team, always fighting for

Singapore and Singaporeans.”

The strong camaraderie and espirit de corps in the Legal Service was evident as the night resounded with fun and laughter. Guests were treated to musical performances on the piano and violin, showcased by our own musically talented LSOs. Photographs of the event, taken by the roving photographers during the pre-dinner cocktail, were also presented to guests as a memento of the occasion.

The President of the Legal Service

Commission commenced the evening’s proceedings by welcoming the Prime Minister and all guests to the dinner. This was followed by the Prime Minister’s Keynote Address on

“Building a First-Class Legal Service”, where the Prime Minister announced key changes to the structure of the Legal Service for greater specialisation and separate “Legal” and “Judicial” tracks. The announcement was received with keen interest by all present, especially the LSOs. It was also reported widely by the local print and broadcast media which covered the event. In announcing the changes, the Prime Minister noted: “Changes are part of our continuing journey to build a first-class Legal Service which serves

Singapore better. But ultimately what matters

The evening drew to a close with the playing of the National Anthem and a ceremonial toast to the President of the Republic of Singapore led by the Solicitor-General Mr Lionel Yee, S.C.

This was a fitting finale to the occasion as the

LSOs reaffirmed their commitment to serving our nation and responding to the call of the

Prime Minister to “work together … to build a better future for us and our children.”

It was a monumental and inspirational experience for the Legal Service to have the

Prime Minister grace the occasion as our

Guest of Honour and keynote speaker. The

Prime Minister’s acknowledgment of the spirit and dedication of the LSOs in carrying

14 | LEGAL SERVICE COMMISSION out their duties and upholding the rule of law without fear or favour was particularly notable. Those present would cherish this memorable moment for years to come. The event also served as strong recognition of the role and contribution of the LSOs and the

Legal Service to the success of Singapore.

SUCCESSION PLANNING AND

TALENT DEVELOPMENT

T he Talent Development Scheme (“TDS”) is the principal source for renewal of leadership in the Legal Service and underpins the succession planning framework in the

Legal Service. in particular, the training and developmental opportunities accorded to them, and their postings.

The Talent Development Committee/

Succession Planning Committee (“TDC/

SPC”) is chaired personally by the President of the LSC, Chief Justice Sundaresh Menon.

The TDC/SPC comprised, as at 31 December

2014, the Chief Justice Sundaresh Menon as Chairman; and the Attorney-General

Mr V K Rajah, S.C., Judge of Appeal Chao

Hick Tin, Justice Lee Seiu Kin, Justice Steven

Chong, Mr Lee Tzu Yang and Mr Gautam

Banerjee as Members. The composition of the TDC/SPC serves to reiterate and anchor the importance that the Legal Service places on the development and retention of talent.

The TDC/SPC has direct oversight of talent development Service-wide and of the LSOs in the TDS, monitoring their progress and

The TDC/SPC adopts a structured approach to identify and develop suitable officers for key or leadership positions. The LSOs in the

TDS are groomed through varied training, developmental and posting frameworks to enable them to have the opportunities to achieve their fullest potential both in the professional area as well as in management and leadership. The specific programmes available include scholarships for postgraduate degrees

(in law, management or leadership) and other milestone programmes and attachments to barristers’ chambers, law firms and specific companies and organisations.

Fifteen LSOs in the TDS attended milestone programmes in 2014. Fifteen Superscale

LSOs and 20 Timescale LSOs in the TDS were re-posted in 2014.

THE TALENT DEVELOPMENT COMMITTEE/

SUCCESSION PLANNING COMMITTEE

Annual Report 2014 | 15

(Left to Right) Front row:

Mr V K Rajah, S.C. (Attorney-General),

Chief Justice Sundaresh Menon

(Chairman, Talent Development Committee/Succession Planning Committee),

Justice Chao Hick Tin

(Left to Right) Back row:

Mr Gautam Banerjee,

Justice Steven Chong,

Justice Lee Seiu Kin,

Mr Lee Tzu Yang

T O W A R D S

ORGANISATIONAL

E X C E L L E N C E

Annual Report 2014 | 17

RECRUITMENT AND

ESTABLISHMENT

RECRUITMENT

F or fresh graduates and candidates with five years or less of relevant legal working experience, the principal recruitment criterion for possible appointment to the Legal Service as a Legal Service Officer (“LSO”) remains a

Second Class Upper Honours law degree (or the equivalent) from the National University of Singapore (“NUS”), the Singapore

Management University (“SMU”) or one of the approved overseas universities. Candidates with a Second Class Lower Honours law degree (or the equivalent) are considered for possible appointment on a case-by-case basis.

Candidates with more than five years of relevant legal working experience and at least a Second Class Lower Honours law degree

(or the equivalent) are also considered for possible appointment as mid-career LSOs.

Jurisprudence (“JD”) programme and who complete at least half the requirements of the programme are considered for possible offers of conditional appointment. Applicants who are offered conditional appointments will have their offers confirmed upon being awarded at least a Second Class Upper

Honours law degree (or the equivalent) and, where applicable, successful completion of

Part A of the Singapore Bar Examinations.

The principal recruitment criterion for the

Justices’ Law Clerks (“JLC”) programme remains a First Class Honours law degree

(or the equivalent). The JLC programme continues to be an important gateway for the

Legal Service to attract its fair share of bright young graduates. Successful candidates will initially be deployed to the Attorney-General’s

Chambers (“AGC”) to complete Part B of the Singapore Bar Examinations before being re-deployed to the JLC pool in the Supreme

Court.

The applications of law undergraduates who complete at least their second year at the NUS, the SMU or one of the approved overseas universities are also considered for possible offers of conditional appointment. Similarly, applicants who undertake the Doctor of

Ten recruitment exercises were held in 2014 and a total of 315 applications for possible appointment to the Legal Service were received in 2014. The details are at TABLE 1.

18 | LEGAL SERVICE COMMISSION

TABLE 1: RECRUITMENT

(AS AT 31 DECEMBER 2014)

EMPLACEMENT ON

THE PERMANENT

ESTABLISHMENT,

CONFIRMATION OF

APPOINTMENT AND

TRANSFER OF SERVICE

315

Applicants

105

Interviewed

38

Selected

54 1

Appointed/

Re-appointed in 2014

1 Including 33 candidates and seven Public Service Commission scholars who were interviewed in 2011, 2012 or 2013. Excluding secondment to the Legal Service.

Of the 315 applications received, 105 candidates were interviewed. They comprised

53 undergraduates, one JD student, 47 fresh graduates or those who had five years or less of relevant legal working experience and four mid-careers. Thirty-one had a First Class

Honours law degree (or the equivalent) and

17 had a Second Class Upper Honours law degree (or the equivalent).

Thirty-eight candidates were selected for appointment in 2014 and thirteen assumed appointment in the same year. The remaining candidates who had accepted the offers of appointment or conditional appointment were expected to commence duty in the

Legal Service between 2015 and 2018. In addition, one LSO was re-appointed to the

Legal Service in 2014 and 40 other candidates who were selected from the recruitment interviews in 2011, 2012 or 2013 also assumed appointment in 2014.

In total, 54 LSOs were appointed/ re-appointed to the Legal Service in 2014.

F ifty-four LSOs who were appointed on contract (of 18 months or two years) were emplaced on the permanent establishment in

2014. Five other LSOs who were scholars and appointed on probation were also confirmed in their appointment. Two officers were transferred from the Management Executive

Scheme of Service to the Legal Service

Scheme of Service and appointed LSOs in

2014.

SECONDMENTS

L

SOs are typically seconded from the Legal

Service to statutory boards to undertake legal work and/or to Ministries to undertake policy work and in posts normally assumed by Administrative Officers. They may also be seconded to key institutions to assume specific roles and duties. Such secondments enable the Legal Service to provide LSOs with extensive exposure to different areas of law and policy work. LSOs in these positions are offered a wide scope of training and greater opportunities to specialise in niche areas.

The secondments also increase the number of positions for LSOs to be exposed to or trained in leadership positions.

A total of 45 LSOs were on secondment in

2014. The details are in TABLE 2.

Annual Report 2014 | 19

TABLE 2: SECONDMENTS 2014

DEPARTMENT NO. OF LSOs

SECONDED

LEFT

SERVICE

AFTER

SECONDMENT

COMMENCED

SECONDMENT

EXTENDED

SECONDMENT

CONTINUED

SECONDMENT

RE-POSTED

AFTER

SECONDMENT

ACCOUNTING

AND CORPORATE

REGULATORY

AUTHORITY

COMPETITION

COMMISSION OF

SINGAPORE

ECONOMIC

DEVELOPMENT

BOARD

HEALTH SCIENCES

AUTHORITY

INLAND REVENUE

AUTHORITY OF

SINGAPORE

INSOLVENCY AND

PUBLIC TRUSTEE’S

OFFICE

INTELLECTUAL

PROPERTY OFFICE

OF SINGAPORE

MINISTRY OF HOME

AFFAIRS

MINISTRY OF LAW

MINISTRY

OF SOCIAL

AND FAMILY

DEVELOPMENT

MONETARY

AUTHORITY OF

SINGAPORE

NATIONAL

ENVIRONMENT

AGENCY

SINGAPORE

INTERNATIONAL

MEDIATION

CENTRE

SINGAPORE LAND

AUTHORITY

SINGAPORE

MEDICAL COUNCIL

SUPREME COURT

(SINGAPORE

JUDICIAL COLLEGE)

Total

12

7

2

1

2

1

2

2

1

1

6

2

1

3

1

1

45 0

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

2

2

1

1

1

1

1

1

-

1

2

1

1

-

1

-

16

5

1

1

1

2

-

-

-

-

-

-

-

-

-

-

-

10

5

3

1

1

2

1

-

1

-

-

1

-

-

-

-

-

15

1

-

-

-

1

-

-

2

4

-

-

-

-

-

-

-

-

20 | LEGAL SERVICE COMMISSION

ESTABLISHMENT

T here were 608 establishment posts in the Legal Service and 589 LSOs on the posted strength as at 31 December 2014. The details are at TABLE 3.

ATTRITION

A total of 21 LSOs (3.6%) resigned in

2014. The details of the attrition in the

Legal Service over the last three years are at

TABLE 4.

TABLE 3: ESTABLISHMENT

Judicial Branch

Legal Branch

LSC Secretariat

Supernumerary Posts

Total

No. of Posts No. of LSOs

179

414

15

608

1 Including five LSOs whose re-employment contracts were renewed.

2 Including an LSO whose re-employment contract was renewed.

3 Including an officer who is on secondment to the Legal Service.

159

419 2

11

589

1

3

TABLE 4: ATTRITION, 2012 – 2014

Resignation

Retirement

Expiry of Contract

Transfer to Another

Scheme of Service

Others

2012 2013 2014

13

5 1

10

0

13

3

6

0

2

21

2

5 3

0

1 0 0

1 Four of the LSOs who retired on reaching the compulsory retirement age of 62 were

2 re-employed on contract.

One of the LSOs who retired on reaching the compulsory retirement age of 62 was re-employed on contract.

3 Including an LSO who left on the expiry of the re-employment contract.

LEGAL SERVICE OUTREACH

ACTIVITIES 2014

(b) the SMU Internship and Career Fair;

I n 2014, the Legal Service continued to participate in outreach activities to increase awareness and promote interest among students to consider studying law and having a career with the Legal Service upon graduation.

The outreach activities typically involve talks by LSOs at various forums and the engagement of students from the NUS, SMU, approved overseas universities, Junior Colleges (“JCs”) and secondary schools at careers fairs.

(c) the Public Service Scholarships and

Careers Fair;

(d) the Singapore Legal Forum organised by the UK Singapore Law Students Society;

(e) the Singapore Academy of Law JC Law

Programme;

(f) careers fairs at JCs and secondary schools; and

The major outreach activities in 2014 included:

(a) the NUS Law Careers Fair;

(g) information sessions organised by the

Public Service Commission (“PSC”) for

JC students who were offered provisional

PSC Scholarships.

TABLE 4: ATTRITION, 2012 – 2014

Annual Report 2014 | 21

Students who attended the outreach activities provided positive feedback. They enjoyed the opportunity to interact with the LSOs to learn more about the Legal Service and found the information and career advice provided to be useful and beneficial.

TABLE 5: INTERNSHIP

PROGRAMME

Department / Internship Programme

LEGAL SERVICE INTERNSHIP

PROGRAMME 2014/2015

T he Legal Service Internship Programme was established in 2000. Under the programme, law undergraduates and

JD students (where applicable) from the

NUS, the SMU and the approved overseas universities are offered internship positions at various Legal Service departments to give them a better appreciation of the various roles played by the LSOs in advancing the rule of law and contributing to the administration of justice. The programme also serves as an avenue to attract suitable candidates to consider a career in the Legal Service.

A total of 17 Legal Service departments hosted

138 interns in the 2014/2015 internship programme. The details are at TABLE 5.

Accounting and Corporate Regulatory

Authority

Attorney-General’s Chambers

Competition Commission of Singapore

Insolvency and Public Trustee’s Office

Intellectual Property Office of

Singapore

Legal Aid Bureau

Ministry of Communications and

Information

Ministry of Culture, Community and

Youth

Ministry of Defence

Ministry of Education

Ministry of Home Affairs

Ministry of Law

Ministry of Manpower

Ministry of Social and Family

Development

Singapore Land Authority

State Courts:

Senior Officers’ Law Clerk Programme

Supreme Court & State Courts:

Judicial Internship Programme

Total

No. of interns hosted

5

3

6

2

6

45

5

32

1

2

13

138

4

4

4

1

3

2

22 | LEGAL SERVICE COMMISSION

LEGAL SERVICE COLLOQUIUM

AND JOB-SHADOWING

SCHEME

PUBLIC SERVICE COMMISSION

LAW SCHOLARS

T he Legal Service participated in the

2014 Singapore Academy of Law JC

Law Programme (“JCLP”) from 17 to 28

November 2014. The JCLP commenced with a two-day conference at the Supreme Court.

The JC students who attended the JCLP were provided an overview of the Singapore legal system and attended talks by private and public sector lawyers on various areas of law. The students also had the opportunity to visit the

Parliament House and the State Courts and undertake a six-day job-shadowing scheme where they were attached to law firms, public legal offices and corporate legal departments.

As part of the two-day conference, the

Legal Service Colloquium was held on

18 November 2014. LSOs Mr Christopher

Tan, Mr Loke Shiu Meng, Mr Jonathan Yap and Ms Cassandra Cheong shared their experiences working in the Legal Service and some of the issues and challenges faced in the course of their work. The Colloquium provided the students with a better understanding of the work of a public lawyer and its impact on society.

Thirty-six students were attached to five

Legal Service departments under the jobshadowing scheme of the JCLP: six at the

Supreme Court, eight at the State Courts, 15 at the Attorney-General’s Chambers, five at the

Legal Aid Bureau and two at the Insolvency and Public Trustee’s Office.

F ifteen candidates were awarded Public

Service Commission Scholarships in

2014 to read law at the NUS, the SMU or one of the approved overseas universities.

Thirteen candidates have commenced their studies in the academic year 2014/2015 while the remaining two candidates are serving

National Service.

The Legal Service continued to actively engage the law scholars. On 19 August 2014,

Justice Lee Seiu Kin hosted a meeting for the scholars to meet one another and their

LSO mentor. A total of 42 scholars attended the session. The scholars took the opportunity to exchange ideas with their LSO mentor on the possible postgraduate programmes and developmental courses available to them. The

LSC Secretariat also provided an update on recent developments in the Legal Service and addressed queries raised by the scholars at the meeting.

The scholars were also invited to other major legal events such as the Opening of the

Legal Year, the Legal Service National Day

Observance Ceremony and the Singapore

Academy of Law Annual Lecture. The objective was to expose the scholars to developments in the legal landscape and to provide the scholars the opportunity to interact and network with Singapore’s top legal minds.

Annual Report 2014 | 23

PERFORMANCE

MANAGEMENT

M eritocracy, fairness and transparency are the three key principles that underpin the performance management framework of the Legal Service.

In 2014, Heads of Department (“HODs”),

Reporting Officers (“ROs”) and LSOs were invited to workshops to reinforce the various qualities and competencies to be used for the assessment of the potential and performance of LSOs. The Attorney-General

Mr V K Rajah, S.C. personally attended one of the workshops on 29 July 2014 to reiterate to the HODs and ROs the critical role that they perform in the accurate, rigorous and fair assessment of all LSOs.

The structured performance management process in the Legal Service entails the LSOs meeting their respective HODs or ROs for formal feedback sessions in May or June, with the aim of reviewing work targets set at the close of the previous year and to ascertain detailed information of the approved

Currently Estimated Potential (“CEP”), performance grading, Performance Bonus,

Variable Increment, Legal Professional

Allowance, Long-Term Incentive and other specific remuneration components accorded to each of their respective LSOs (for work done in 2014) after the annual ranking and promotion exercise. The LSOs were also provided details of their performance grading and the maximum and the norm Performance

Bonus rates at the applicable grades to better facilitate their discussions with their respective

HODs or ROs on their performance and possible areas for improvement.

PROMOTIONS 2014

A total of 145 LSOs were promoted to the next higher LSO-grade in the April 2014

Promotion Exercise. Sixteen Superscale LSOs were promoted within the Superscale grades specific training and developmental needs for the rest of the year. The LSOs meet their respective HODs or ROs again in September or October for the formal year-end appraisal and to establish targets for the year ahead.

and 17 Timescale LSOs were promoted into the Superscale grade. Another 112 Timescale

LSOs were promoted within the Timescale grades.

To facilitate an effective performance management process and informed communication by HODs and ROs to the

LSOs on the LSOs’ work performance and

The Legal Service Promotion Ceremony 2014 was held at the Supreme Court Auditorium on 28 March 2014. The event was graced by the President of the LSC and Members of the LSC, the Special Personnel Board and the potential, the HODs and ROs were provided Senior Personnel Board.

24 | LEGAL SERVICE COMMISSION

COMPENSATION

T he Legal Service continues to adopt a performance-driven compensation framework to recognise the LSOs’ performance and potential, as well as attract and retain the best legal talent. Periodic reviews are also undertaken to ensure that the Legal

Service’s compensation framework remains competitive vis-à-vis the legal services sector in Singapore.

PERFORMANCE BONUS

T he Performance Bonus (“PB”) framework is a performance-based remuneration tool to incentivise the highest level of performance from LSOs. All LSOs were considered for the payment of a PB for work done in 2013. Eligible LSOs were awarded a PB in March 2014 in accordance with their approved performance grading for work done in 2013.

ANNUAL VARIABLE

INCREMENTS LONG-TERM INCENTIVE

T he Variable Increment (“VI”) framework is based on the LSOs’ approved potential and performance gradings. All eligible LSOs are considered for the award of the VI annually for work done during the qualifying period. Confirmed LSOs were considered and awarded the VI in April 2014.

LSOs who were on contract or probation were considered and awarded the VI on their respective incremental dates.

T he Long-Term Incentive (“LTI”) framework is a retention tool implemented in the Legal Service to encourage

LSOs to pursue a long-term career with the

Legal Service. Eligible LSOs who fulfilled the payment criteria were paid the LTI in March

2014.

LEGAL PROFESSIONAL

ALLOWANCE

A ll LSOs were considered for the payment of the Legal Professional Allowance

(“LPA”). LSOs who satisfied the eligibility criteria were paid the LPA in September 2014.

Annual Report 2014 | 25

CAREER

DEVELOPMENT

CONTINUING EDUCATION

T he Legal Service places great emphasis on the training, development and continuing education of all LSOs. The development of LSOs is managed through a two-pronged framework. The Legal Service centrally offers LSC Scholarships and

In 2014, seven LSOs were awarded LSC

Scholarships and LSC Training Awards to study for their Masters of Laws. Five LSOs were nominated for other Public Service milestone programmes.

The year 2014 also marked the inaugural attachment of LSOs to specific companies

Training Awards to eligible LSOs to study for postgraduate programmes in law and leadership or management. Under this framework, a suite of specialist and milestone programmes is maintained and regularly reviewed and eligible LSOs are identified to attend these programmes. The programmes include the

General Master of Laws (“LLM”), Specialist

LLMs, postgraduate degrees in leadership or management or Public Administration and

Executive Programmes at renowned business schools both locally and overseas.

and other organisations for the purpose of providing them commercial experience by handling legal work in an environment designed to maximise business and commercial exposure. Four LSOs undertook these attachments, one each at the

Government Investment Corporation Private

Limited, Temasek Holdings (Private) Limited,

Singapore Exchange Limited and Shell

Eastern Petroleum (Pte) Ltd.

POSTINGS

The departments in the Judicial Branch and the Legal Branch take charge of all vocational training. Such training may include those in

“functional” areas and which are directly relevant to the work of the department and attachments to organisation such as the Barristers’ Chambers in England. The two-pronged approach framework aims to ensure that training programmes meet the developmental and longer term aspirations of

LSOs as well as the operational and strategic needs of the Branch or department and the

Legal Service as a whole.

A total of 100 LSOs (35 Superscale

LSOs and 65 Timescale LSOs) were re-posted or seconded in 2014. Of these, 31 officers (13 Superscale and 18 Timescale) were re-posted to the newly-established Family

Justice Courts.

In determining the re-postings and secondments, the relevant Personnel Boards,

Committees and approving authorities considered and where feasible, accommodated the specific posting and secondment preferences of the LSOs concerned.

26 | LEGAL SERVICE COMMISSION

THE LEGAL SERVICE

COMMISSION SECRETARIAT

T he LSC Secretariat adheres to the following core values in the discharge of its functions: secondments, postings and attachments), succession planning, discipline and exit management.

(a) to attract, recruit and retain a fair share of talent for the Legal Service;

(b) to adopt a human capital management system in which each LSO is encouraged and offered the opportunity to develop to the fullest of his or her potential;

The President and Members of the LSC approved the re-appointment of Mr Hamzah

Moosa as the Chief of Staff of the Legal

Service for two years until 31 August 2015.

Mr Moosa continued to hold the concurrent appointment as Secretary of the LSC and also concurrently undertook duties as a District

Judge at the State Courts.

(c) to empower each LSO to take responsibility for and be conscious of his or her career development;

(d) to recognise potential and performance through the adoption of appropriate and commensurate reward mechanisms; and

(e) to be transparent, consistent and innovative in people management.

The President and Members of the LSC also approved the re-appointment and appointment respectively of Ms Hoo Sheau

Peng and Ms Audrey Lim as Deputy Chiefs of Staff for two years until 31 August 2015.

Ms Hoo continued to hold the concurrent appointment of Deputy Chief Counsel

(Advisory & Administration) at the Civil

Division of the AGC and Ms Lim continued to hold the concurrent appointment of Deputy

The ambit of the LSC Secretariat’s operations encompasses the following elements: recruitment and establishment, assessment, talent development, performance management, compensation and benefits,

Chief Legislative Counsel at the Legislation

Division of the AGC. Ms Hoo was appointed as a Judicial Commissioner with effect from

30 September 2014 and her term as Deputy

Chief of Staff accordingly concluded with training and career development (including effect from the same date.

Annual Report 2014 | 27

The LSC Secretariat implemented a wide range of initiatives and programmes in 2014, including:

(e) collaborating with the Civil Service

College to run a suite of training programmes for LSOs on the performance appraisal framework and processes relevant to the Legal Service; (a) staffing the restructuring of the Legal

Service Personnel Boards along “Branch” lines to clearly delineate the boundaries of jurisdiction over LSOs in the Legal

Branch and the Judicial Branch of the

Legal Service;

(f) reviewing the range of milestone training programmes and list of approved institutions and subjects, and the LSC

Scholarships and Training Awards for these programmes;

(b) showcasing the array of career options available in the Legal Service through a diversity of platforms and outreach programmes;

(g) staffing the award of LSC Scholarships and Training Awards to LSOs to undertake various milestone programmes;

(c) enhancing the scope of the Legal Service

Internship Programme to enable more students to experience first-hand the full scope of work available in the Legal

Service;

(h) creating new LSO posts and re-grading existing LSO posts at various organisations, including the State Courts and three new entities established in

2014, namely the Family Justice Courts, the Singapore International Mediation

Centre and the Singapore Judicial College; (d) maintaining the recruitment of both mid-career candidates and fresh law graduates to cater to the manpower needs of specific Legal Service departments as well as to cater to the deployment of

LSOs to government agencies at which no LSOs had hitherto been posted or seconded, including the National

Environment Agency and the Health

Sciences Authority;

(i) seconding LSOs to Ministries, statutory boards and key public institutions to undertake specialist legal or policy work or perform specialist functions; and

(j) organising the Singapore Legal Service

Dinner held on 20 March 2014.

A D VA N C I N G

T H E R U L E

O F L A W

Annual Report 2014 | 29

T here were 589 Legal Service Officers

(“LSOs”) in the Legal Service as at

31 December 2014. The LSOs serve in various capacities in the Judicial and Legal Branches of the Legal Service and play a key role in the advancement of the rule of law and the administration of justice in Singapore. LSOs may be posted to either the Judicial Branch or the Legal Branch in the course of their work.

A brief overview of the work done by them in 2014 is set out in this chapter.

THE JUDICIAL

BRANCH

T he Chief Justice presides over the Judicial

Branch of the Legal Service, which is a key component of the Singapore Judiciary. The

LSOs in the Judicial Branch serve in the Supreme

Court Registry, the Justices’ Law Clerks (“JLC”) pool at the Supreme Court, the State Courts and the Family Justice Courts (“FJC”).

At the Supreme Court, the LSOs in the Registry are supervised by the Registrar of the Supreme

Court, while the JLCs come under the direct oversight of the Chief Justice. At the State

Courts and the FJC, the LSOs are supervised by the Presiding Judge of the State Courts and the

Presiding Judge of the FJC, respectively.

THE SUPREME COURT

The Constitution of the Republic of Singapore provides that the Supreme Court shall consist of the Court of Appeal and the High Court.

The Chief Justice is the head of the Supreme

Court. The LSOs in the Supreme Court are the

Chief Executive (Office of the Chief Justice)

(“CE”), the JLCs and the registrars.

The CE provides strategic policy and administrative support to the Office of the

Chief Justice and oversees strategic projects as directed by the Chief Justice. The CE, who is also the Accounting Officer of the Supreme Court, further supervises the corporate functions of the Supreme Court, such as finance, human resource and public affairs.

As at 31 December 2014, there were 26 JLCs under the JLC Programme. JLCs generally serve a two-year stint under the supervision of the Chief Justice, during which they are given the opportunity to work for the Court of Appeal and the High Court by, inter alia, undertaking legal research and providing inhearing support. The JLCs benefit immensely from their exposure to the myriad types of court cases and the mentorship of the Judges and Judicial Commissioners, with whom they interact regularly.

The Registrar, Deputy Registrar, four Senior

Assistant Registrars and 24 Assistant Registrars

(as at 31 December 2014) form the team of registrars, who hold concurrent appointments as Magistrates or District Judges. The Registrar

30 | LEGAL SERVICE COMMISSION leads the team and the Supreme Court Registry staff, as well as manages the business of the

Registry.

The registrars are empowered by law to discharge judicial functions. In their civil jurisdiction, the registrars hear a full range of pre-trial and post-trial matters including applications for summary judgment, applications for striking out, assessments of damages, taking of accounts, examination of judgment debtors and applications involving writs of execution.

Through their hearing regimen, they acquire considerable experience in civil procedure in the context of various fields of substantive law, thereby developing specialist competencies in these areas and in litigation practice.

To equip the LSOs to fulfil their mission, they are provided with quality training customised to their talents and needs. The training and development programmes include orientation and induction, continuing legal education, local and overseas conferences, and learning visits to foreign courts.

The registrars also exercise criminal jurisdiction when, sitting in the appropriate judicial capacity, they conduct for instance committal hearings and criminal case disclosure conferences.

Further avenues for growth and learning are presented by the engagement of the registrars in a variety of projects and collaborations with different institutions and agencies, such as the Ministry of Law, the State Courts, the

Singapore Academy of Law, the Singapore

Mediation Centre, the Law Society of Singapore and the ASEAN Law Association. Supporting programmes like the Legal Assistance Scheme for Capital Offences and the Young Amicus

Curiae Scheme are also managed by the registrars.

In the implementation of the Supreme Court’s docket system, the registrars play a crucial role in presiding over pre-trial conferences, hearing applications and working closely with the Registry staff, trial judges and counsel to manage and prepare cases for trial.

As at 31 December 2014, plans were finalised for the reorganisation of the Supreme Court

Registry into three Divisional Registries – for the Court of Appeal, the High Court and the

Singapore International Commercial Court

(“SICC”). Each Divisional Registry will be headed by a Divisional Registrar who will report to the Registrar of the Supreme Court.

Separately, preparations for the much anticipated launch of the SICC were completed, with the expectation that the SICC would be fully operational in 2015.

The challenges of effecting judicial reform and improving court processes and procedures enrich and broaden the registrars’ experience in the Supreme Court. The registrars implemented the practice of costs scheduling and are also exploring the feasibility of incorporating costs budgeting as part of our civil practice. In the

Court of Appeal, reform measures were introduced to, amongst other things, facilitate mediation, and invite submissions by selected non-parties where appropriate.

These changes will realise a new vision for the

Supreme Court and herald an exciting era in the evolution of Singapore’s legal system.

Foo Chee Hock

Registrar

Supreme Court

SUPREME COURT REGISTRY

Annual Report 2014 | 31

(Left to Right) Front row:

Ms Wendy Yap Peng Hoon, Ms Teh Hwee Hwee,

Foo Chee Hock (Registrar, Supreme Court), Chief Justice Sundaresh Menon,

Ms Juthika Ramanathan (Chief Executive, Office of the Chief Justice, Supreme

Court), Ms Cornie Ng Teng Teng, Christopher Tan Pheng Wee

(Left to Right) Second row:

Ms Jacqueline Lee Siew Hui, Ms Delphine Ho Yee Tien, Ms Wong Baochen,

Ms Karen Tan Teck Ping, Ms Melissa Mak Sushan, Ms Lim Sai Nei,

Ms Chong Chin Chin, Ms Jean Chan Lay Koon

(Left to Right) Back row:

Paul Chan Wei Sern, Jonathan Yap Han Ming, Teo Guan Kee,

Justin Yeo Rong Wei, Colin Seow Fu Hong, Nicholas Poon Guokun,

Edwin San Ong Kyar, Miyapan Ramu, Paul Tan Wei Chean, Zhuang WenXiong,

James Elisha Lee Han Leong

Not in picture:

Paul Quan Kaih Shiuh, Tan Sze Yao, Ms Kan Shuk Weng, Ms Una Khng,

Ms Janice Wong Shi Hui, Jay Lee Yuxian

32 | LEGAL SERVICE COMMISSION

JUSTICES’ LAW CLERKS

(Left to Right) Front row:

Ms Jamie Pang Ru Xue, Devathas Satianathan, Lim Wen Juin,

Chief Justice Sundaresh Menon, Chia Huai Yuan, Jonathan Muk Chen Yeen,

Ms Regina Lim Siew Mei

(Left to Right) Second row:

Chua Wei Yuan, Wong Thai Chuan, Ho Lian-Yi, Ms Yan Jiakang,

Ms Zeslene Mao Huijing, Ms Yeo Gek Min, Ms Norine Tan Yan Ling,

Kanesh s/o Balasubramaniam, Ramasamy s/o Nachiappan, Scott Tan Chun Wen

(Left to Right) Back row:

Liu Zhao Xiang, Wong Wei Hong, Ang Tze Siong, Teh Joo Lin, Afzal Ali,

Bryan Fang Hao Wen, Chen Zhida, Shaun Pereira, Kenny Lau Hui Ming

Not in picture:

Vince Gui Chuan Cheng

Annual Report 2014 | 33

THE STATE COURTS

The year 2014 witnessed significant changes. In

March 2014, the Subordinate Courts were renamed as the State Courts. The new name and logo were launched by the Chief Justice at the inaugural State

Courts Workplan 2014. In April 2014, the office of the Chief District Judge was replaced with that of the Presiding Judge of the State Courts

(“PJSC”). The PJSC heads the State Courts, and is concurrently a Judge or Judicial Commissioner of the Supreme Court.

In October 2014, the Family Justice Courts were launched as a separate judicial institution from the

State Courts. Presently, the State Courts comprise the District Courts, the Magistrates’ Courts, the

Coroner’s Court and the Small Claims Tribunals.

The State Courts organised the inaugural Court

Excellence and Judicial Cooperation Forum in

March 2014. The three-day forum was attended by senior judicial officers and court administrators from the 10 ASEAN member states. It served as a platform for participants to share best practices in the area of judicial administration and to foster judicial cooperation. This was followed by two customised bilateral Judicial Governance

Programmes organised in collaboration with the

Civil Service College for the Sri Lankan Judges

Institute from 7 to 11 April 2014 and the Thai judiciary from 8 to 17 September 2014.

The State Courts, partnering the Singapore

Academy of Law, organised the inaugural

Sentencing Conference in October 2014, with the theme “Trends, Tools and Technology”. Recent local and international developments in sentencing law and practice and the use of technology in sentencing were discussed. A total of 338 participants, both local and from overseas, attended the conference.

The year also saw the establishment of the Progress

Accountability Court (“PAC”). A forward-looking court that focuses on spurring, steering and supporting change in sentenced offenders, the PAC reviews the progress of offenders, focusing in its preliminary phase on those sentenced to probation and community-based sentences.

The Protection from Harassment Act 2014 (Act 17 of 2014) took effect in November 2014. As the Act provides for civil remedies and criminal sanctions, the Criminal and Civil Justice Divisions of the State

Courts have jointly developed court procedures that will ensure seamless delivery of justice to court users. Relevant information brochures were also published for unrepresented litigants.

In the course of the year, the State Courts also completed the implementation of projects initiated in 2013. The Primary Justice Project and the Motor

Accident Guide were launched on 9 May 2014 and 23 April 2014, respectively. The new Order

108 of the Rules of Court (Cap. 322, R 5) was also introduced, instituting a simplified civil trial process for Magistrate’s Court claims, with a view to resolving smaller value claims at proportionate costs.

To end the year, the State Courts were conferred the

Work-Life Excellence Award on 7 November 2014 by the Tripartite Alliance for Fair and Progressive

Employment Practices. The review of 2014 would not be complete without mention of the groundbreaking ceremony marking the commencement of the construction of the new State Courts

Complex on 28 May 2014. The construction is targeted for completion in 2019.

As at 31 December 2014, there were 71 LSOs in the State Courts.

Judicial Commissioner See Kee Oon

Presiding Judge

State Courts

34 | LEGAL SERVICE COMMISSION

CRIMINAL JUSTICE DIVISION,

STATE COURTS

(Left to Right) Front row:

Mathew Joseph, Soh Tze Bian,

Judicial Commissioner See Kee Oon (Presiding Judge of the State Courts),

Chief Justice Sundaresh Menon, Ng Peng Hong, P Siva Shanmugam

(Left to Right) Second row:

Ms Carol Ling Feng Yong, Ms Salina bte Ishak, Ms Janet Wang Lan Jee,

Mrs Brenda Tan, Ms Michelle Yap, Ms Wong Choon Ning,

Ms Crystal Ong Wai Mun, Ms Carrie Chan Su-Lin

(Left to Right) Back row:

Eddy Tham Tong Kong, Adam Nakhoda, Ms May Lucia Mesenas, Lim Keng Yeow,

Christopher Goh Eng Chiang, Ronald Gwee, Imran bin Abdul Hamid,

Liew Thiam Leng, John Ng, Ms Sarah Tan Yin Tze, Kessler Soh Boon Leng

Not in picture:

Ong Hian Sun (Senior District Judge, Criminal Justice Division),

Ms Hamidah bte Ibrahim, Chay Yuen Fatt, Low Wee Ping, Ms Jasvender Kaur,

Luke Tan Loke Yong, Victor Yeo Khee Eng, Toh Yung Cheong,

Marvin Bay Boon Teck, Shaiffudin bin Saruwan, Lim Tse Haw,

Eugene Teo Weng Kuan, Mrs Lee-Khoo Poh Choo,

Shawn Ho Hsi Ming, Ms Kamala Ponnampalam

CIVIL JUSTICE DIVISION,

STATE COURTS

Annual Report 2014 | 35

(Left to Right) Front row:

Ms Tan May Tee, Ms Wong Peck,

Judicial Commissioner See Kee Oon (Presiding Judge of the State Courts),

Chief Justice Sundaresh Menon,

Ms Foo Tuat Yien (Senior District Judge, Civil Justice Division),

Ms Ong Chin Rhu, Bala Reddy

(Left to Right) Second row:

David Lim Hock Choon, Ms Carolyn Woo Wai-Ling, Ms Low Lih Jeng,

Ms Lorraine Ho Yi May, Ms Laura Lau Chin Yui, Ms Lynette Yap Beng Lyn,

Ms Olivia Low Pei Sze, Ms Sandra Looi Ai Lin, Joseph Yeo Swee Teck

(Left to Right) Back row:

Ow Yong Tuck Leong, Kenneth Choo Wing Kong, Koh Juay Kherng, Peter Lo,

Chiah Kok Khun, Loo Ngan Chor, Samuel Chua Hwa Kuan, Seah Chi-Ling

Not in picture:

Ms Wong Li Tein, Ms Dorcas Quek Ern Ling, Ms Constance Tay Woan Fen,

Ms Karolyn Gin, Ms Josephine Kang

36 | LEGAL SERVICE COMMISSION

CORPORATE AND COURT SERVICES DIVISION AND

STRATEGIC PLANNING AND TRAINING DIVISION,

STATE COURTS

(Left to Right) Front row:

Judicial Commissioner See Kee Oon (Presiding Judge of the State Courts),

Chief Justice Sundaresh Menon,

Ms Jennifer Marie (Deputy Presiding Judge of the State Courts)

(Left to Right) Back row:

Tan Boon Heng,

Ms Jasbendar Kaur,

Lim Wee Ming,

James Leong Kui Yiu (Principal Director, SPTD)

Annual Report 2014 | 37

THE FAMILY JUSTICE COURTS

of office before the Chief Justice on the same day.

The Family and Juvenile Justice Division operated as a division of the State Courts from 1 January

2014 to 30 September 2014. It was headed by

Senior District Judge Ms Foo Tuat Yien until

12 March 2014 and subsequently by Ms Valerie

Thean until 30 September 2014.

The opening was followed by the 2nd Family

Justice Practice Forum, with the theme “New

Approaches to Family Justice”, to continue an ongoing dialogue between agencies, organisations, family law practitioners and mental health professionals in the family justice system.

On 4 July 2014, the Committee for Family

Justice (“CFJ”), set up in 2013 to study how the family justice system can be strengthened, released its recommendations. These included the creation of a comprehensive specialist family court structure with enhanced court powers and case management policies and processes.

The CFJ’s key recommendations, accepted by the Government on the same date, culminated with the passing of the Family Justice Act 2014

(Act 27 of 2014) (“FJA”) in Parliament on 4 August

2014. Amongst other things, the FJA established a new judicial institution, the Family Justice Courts

(“FJC”), comprising the Family Courts, the Youth

Courts and the Family Division of the High Court

(“HCFD”). Appeals from the Family Courts and

Youth Courts are heard by the HCFD.

The FJC is headed by the Presiding Judge, who is a Judge or Judicial Commissioner of the Supreme

Court. A central Registry manages and administers all cases of the FJC.

The FJC was officially opened on 1 October 2014, the day the FJA came into operation. Ms Valerie

Thean, who took office as Judicial Commissioner on 30 September 2014, was appointed the first

Presiding Judge of the FJC. District Judge Chia

Wee Kiat was appointed the first Registrar and

Senior District Judge of the FJC whilst District

Judge Ms Jen Koh was appointed the Deputy

Registrar. The first batch of Assistant Registrars was also appointed. The Registrar, Deputy

Registrar and Assistant Registrars took their oaths

In line with the recommendations of the CFJ, new Rules of Court and Practice Directions governing the FJC also came into effect on

1 October 2014 relating to the following areas:

(a) Judicial Case Management which allows the court to proactively direct the conduct of proceedings, assigning cases to dedicated tracks and assigning specific judges to hear and manage certain cases;

(b) appointment of a Child Representative to represent the best interests of the child;

(c) extension of mandatory counselling and mediation to include divorce cases where there is at least one child 14 years of age and over but under 21 years old;

(d) expansion of counselling and mediation services to cases other than divorces; and

(e) appointment of a Court Friend for unrepresented parties, through the Court

Friend Scheme administered by the

Community Justice Centre and NUS Pro

Bono Office.

The momentous year culminated in an appreciation tea hosted by the Chief Justice on 17 November

2014 with the judges of the new FJC.

As at 31 December 2014, there were 30 LSOs in the FJC.

Judicial Commissioner Valerie Thean (Ms)

Presiding Judge

Family Justice Courts

38 | LEGAL SERVICE COMMISSION

FAMILY JUSTICE COURTS

(Left to Right) Front row:

Wong Keen Onn, Chia Wee Kiat,

Judicial Commissioner Valerie Thean Pik Yuen

(Presiding Judge of the Family Justice Courts),

Chief Justice Sundaresh Menon, Judicial Commissioner Debbie Ong, Ms Jen Koh,

Kevin Ng Choong Yeong

(Left to Right) Second row:

Ms Michelle Elias Solomon, Ms Nicole Loh Wern Sze, Ms Miranda Yeo Eng Joo,

Ms Masayu Norashikin Binte Mohamad Amin, Ms Kathryn Low Lye Fong,

Ms Lee Li Choon, Ms Wendy Yu, Ms Sim Khadijah, Ms Angelina Hing,

Ms Kimberly Scully

(Left to Right) Back row:

Sowaran Singh, Eugene Tay, Colin Tan Boon Chwee,

Mrs Regina Ow-Chang Yee Lin, Ms Tan Peck Cheng, Ms Suzanne Chin,

Ms Janice Chia Yong Yong, Ms Cheryl Koh, Edgar Foo Mau Peng, Wong Sheng Kwai

Not in picture:

Ms Jocelyn Ong, Muhammad Hidhir Bin Abdul Majid, Ms Joyce Low,

Ms Sharon Lim Hui Mien, Ms Shobha Gopalakrishnan Nair, Ms Tan Shin Yi,

Ms Lim Choi Ming, Ms Loi Teck Yi Yarni, Ms Geraldine Kang

Annual Report 2014 | 39

THE LEGAL

BRANCH

T he Attorney-General heads the Legal

Branch. Legal Branch LSOs may serve in the Attorney-General’s Chambers (“AGC”) or in departments of Ministries with LSO positions, or be seconded to statutory boards and key public institutions.

criminal proceedings independently of the

Government. He is also the Government’s principal legal adviser, the drafter of laws, the guardian of charities and the regulator of foreign lawyers and foreign law practices in

Singapore.

THE ATTORNEY-GENERAL’S

CHAMBERS

The AGC is led by the Attorney-General

Mr V K Rajah, S.C., who was appointed to the office of the Attorney-General on

25 June 2014. On 1 February 2014, former

Judicial Commissioner of the Supreme Court

Mr Lionel Yee, S.C. returned to the AGC, where he assumed office as the Solicitor-

The AGC’s vision is to be the guardian of the public interest and the steward of the rule of law in Singapore. The AGC’s mission is to serve Singapore’s interests and uphold the rule of law through the provision of sound advice, effective representation, fair and independent prosecution and accessible legislation.

General.

The Attorney-General performs a critical constitutional role in Singapore in the administration of justice. As the the Criminal Justice Division (“CJD”), the

Financial and Technology Crime Division

(“FTCD”), the Civil Division, the International

Affairs Division (“IAD”) and the Legislation

Division (“LEGIS”). There are also LSOs in

Public Prosecutor, he exercises overall control over and provides direction in all

The Attorney-General is assisted by the LSOs in the five legal divisions of AGC. These are the Attorney-General’s Office of the AGC, including the Knowledge Management Unit.

40 | LEGAL SERVICE COMMISSION

THE ATTORNEY-GENERAL, THE DEPUTY ATTORNEY-GENERAL,

THE SOLICITOR-GENERAL AND THE HEADS OF THE DIVISIONS OF

THE ATTORNEY-GENERAL’S CHAMBERS

(Left to Right) Front row:

Mr Tan Siong Thye, S.C.

(Deputy Attorney-General [with effect from 2 February 2015]),

Mr V K Rajah, S.C. (Attorney-General),

Mr Lionel Yee Woon Chin, S.C. (Solicitor-General)

(Left to Right) Back row:

Tan Ken Hwee (2 Chief Prosecutor, FTCD [with effect from 1 January 2015]),

Tai Wei Shyong (Chief Prosecutor, CJD),

Mrs Owi Beng Ki (Deputy Solicitor-General [with effect from 1 January 2015] &

Chief Legislative Counsel, Legislation Division),

David Chong Gek Sian, S.C. (Chief Counsel, Civil Division),

Ms Mavis Chionh Sze Chyi, S.C. (Chief Prosecutor, FTCD),

Pang Khang Chau (Director-General, IAD)

ATTORNEY-GENERAL’S OFFICE,

ATTORNEY-GENERAL’S CHAMBERS

Annual Report 2014 | 41

(Left to Right) Front row:

Mr Jeffrey Chan Wah Teck, S.C. (Deputy Solicitor-General),

Mr Tan Siong Thye, S.C.

(Deputy Attorney-General [with effect from 2 February 2015]),

Mr V K Rajah, S.C. (Attorney-General),

Mr Lionel Yee Woon Chin, S.C. (Solicitor-General),

Mrs Owi Beng Ki (Deputy Solicitor-General [with effect from 1 January 2015] &

Chief Legislative Counsel, Legislation Division)

(Left to Right) Back row:

Ms Low Siew Ling,

Charles Lim Aeng Cheng (Parliamentary Counsel, Special Projects &

Chief Knowledge Officer),

Ms Gay Hui Yi

42 | LEGAL SERVICE COMMISSION

CRIMINAL JUSTICE DIVISION

The CJD is headed by Chief Prosecutor Tai

Wei Shyong, who works with four Deputy

Chief Prosecutors to manage the Division.

In November 2014, the State Prosecution

Division merged with the CJD. The CJD is responsible for all High Court and State

Court criminal matters, other than financial and technology crimes.

advocacy attachments at the Hong Kong

Department of Justice, the Office of Public

Prosecutions in Victoria (Australia), and local and overseas law firms where they were attached to leading advocates.

Some notable cases which were handled by the CJD in 2014 include:

The CJD is divided into six Litigation

Directorates and one Policy, Advisory,

Research and Training Directorate. LSOs in the six Litigation Directorates prosecute criminal cases in both the Supreme Court and the State Courts. In addition to the conduct of prosecutions, the LSOs also make prosecutorial decisions on a wide range of criminal matters.

(a) Little India Riots – The CJD handled all the criminal prosecutions (25 in total) arising from the riot which occurred on

8 December 2013 in Little India – one of the worst public order disturbances in Singapore. Officers from the CJD represented the State at the Committee of

Inquiry convened to look into the causes of the riot.

The AGC Satellite Deployment Programme, whereby LSOs are deployed to Police Land and Specialised Divisions to advise the police on prosecutorial matters, commenced in 2014. This programme greatly increased the efficiency of our officers in terms of the clearance of investigation papers, and has helped in identifying and addressing legal issues which arise in the course of investigations.

(b) Mandatory Death Penalty Resentencing

Cases – The CJD is handling the re-sentencing of all offenders sentenced to the mandatory death penalty after amendments to the Penal Code (Cap. 224) and the Misuse of Drugs Act (Cap. 185) were effected to give the Courts discretion not to impose the death penalty in certain defined circumstances.

As at December 2014, there were 135 LSOs in the CJD.

Providing good training to our officers is a major focus of the CJD. In 2014,

56 Prosecutors were sent for specialist training courses (including advocacy attachments) and conferences. Prosecutors were sent for

Tai Wei Shyong

Chief Prosecutor

Criminal Justice Division

Attorney-General’s Chambers

Annual Report 2014 | 43

FINANCIAL AND TECHNOLOGY

CRIME DIVISION

The FTCD (formerly the Economic Crimes and

Governance Division) is a specialist Division that prosecutes commercial, corruption and

Casino Control Act (Cap. 33A) offences.

The FTCD also handles appeals and other proceedings arising from these prosecutions.

Cases handled by the FTCD in 2014 include:

(a) Public Prosecutor v Lim Cheng Hoe

(DAC 39357 of 2013, unreported)

The former Chief of Protocol of the

Ministry of Foreign Affairs was charged for inflating claims for pineapple tarts and wines by $88,997. He was convicted and sentenced to 15 months’ imprisonment.

(e) Ding Si Yang v Public Prosecutor ([2015]

SGHC 8) – The offender was convicted of corruptly giving gratification in the form of free sexual services to three Lebanese

FIFA officials as an inducement to fix a football match. On appeal, his sentence was enhanced from 36 months’ to five years’ imprisonment.

(b) Public Prosecutor v Yeo Seow Hiong Edwin

(DAC 28333 of 2013, unreported)

An Assistant Director with the Corrupt

Practices Investigation Bureau (“CPIB”) was charged for misappropriating more than $1.7 million in public funds. He was convicted and sentenced to 10 years’ imprisonment.

(c) Public Prosecutor v Li Lianying & Li Peng

(DAC 903045 of 2014, unreported)

Five Chinese Nationals came to Singapore to cheat elderly women by claiming that the women were haunted by spirits and had to bring their valuables for an exorcism session. The conspirators succeeded in cheating two elderly women of valuables totalling $439,000. Two conspirators were arrested and sentenced to four years and 10 months’ imprisonment, and three years and five months’ imprisonment, respectively.

(d) Public Prosecutor v Mohammed Azhar

Bin Tahir (DAC No. 46739 of 2013,

unreported) – The offender had carried out a cross-site scripting attack on the website of the Prime Minister’s Office. He was convicted and sentenced to six months’ imprisonment.

FTCD LSOs are also deployed to the

Commercial Affairs Department and the

CPIB to provide legal advice and facilitate the disposition of cases. In addition, FTCD LSOs are part of the Civil Penalty Practice Group, which handles civil penalty cases for market misconduct under the Securities and Futures Act

(Cap. 289) on behalf of the Monetary Authority of Singapore. In collaboration with the IAD,

FTCD LSOs also represent Singapore at the

Financial Action Task Force, an international body that sets anti-money laundering standards and counter-terrorist financing measures.

As part of training and development, FTCD

LSOs were attached to barristers’ chambers and counterpart agencies overseas and to local law firms in 2014.

As at 31 December 2014, there were 60 LSOs in the FTCD.

Mavis Chionh, S.C. (Ms)

Chief Prosecutor

Financial and Technology Crime Division

Attorney-General’s Chambers

44 | LEGAL SERVICE COMMISSION

Annual Report 2014 | 45

46 | LEGAL SERVICE COMMISSION

Annual Report 2014 | 47

48 | LEGAL SERVICE COMMISSION

INTERNATIONAL AFFAIRS

DIVISION

The IAD’s mission is to advance and protect

Singapore’s interests through international law. It does so by providing legal advice and assistance to the Government on all aspects of international law, representing Singapore at international negotiations and international dispute settlement proceedings. The IAD is also the Central Authority of Singapore for handling requests for extradition and mutual legal assistance.

Permanent Mission to the UN in New York

(“NY Mission”), in addition to the post established at Singapore’s Permanent Mission in Geneva five years ago. Another LSO was attached to the NY Mission for three months during the 69th session of the UN General

Assembly.

Locally, the IAD provided substantial support to government agencies, particularly in reviewing Singapore’s anti-money laundering and terrorist financing regime (in collaboration with the FTCD), Singapore’s implementation of its obligations under the UN Convention

Against Corruption, and the convening of the International Advisory Panel on

In 2014, the IAD was intensively engaged in negotiations on various fronts. We contributed actively to negotiations over economic treaties such as the EU-Singapore Free Trade

Agreement, the Trans-Pacific Partnership

Free Trade Agreement, the Regional

Comprehensive Economic Partnership, and

Transboundary Pollution and enactment of the Transboundary Haze Pollution Act 2014

(Act 24 of 2014).

The IAD was also involved in preparing the Turkey-Singapore Free Trade Agreement.

IAD LSOs led the negotiations for a maritime boundary treaty with Indonesia (signed in

September 2014) and the ASEAN Convention on Trafficking in Persons, and supported agencies in the negotiations over the Arms

Trade Treaty which Singapore signed in

December 2014. We also participated in various conferences, such as the 20th Session of the International Seabed Authority in

July 2014, which saw Singapore’s successful election into the Council, the 20th Session of the UN Framework Convention on Climate

Change Conference of Parties, and the

10th Session of the Kyoto Protocol

Conference of Parties in December 2014, which resulted in the Lima Call for Climate

Action.

The year 2014 also marked the establishment of a permanent IAD post at Singapore’s

Singapore’s case in two international disputes

– the Railway Land arbitration between

Singapore and Malaysia, and third-party proceedings at the World Trade Organisation in the cases brought against Australia over its tobacco plain packaging legislation.

For the IAD’s annual International Law

Speaker Series, Sir Franklin Berman KCMG,

QC, a leading practitioner in the field of public international law, shared valuable insights on treaty interpretation and reservations to treaties.

As at 31 December 2014, there were 31 LSOs in the IAD.

Pang Khang Chau

Director-General

International Affairs Division

Attorney-General’s Chambers

INTERNATIONAL AFFAIRS DIVISION,

ATTORNEY-GENERAL’S CHAMBERS

Annual Report 2014 | 49

(Left to Right) Front row:

Marcus Song Ee Pin, Mrs Rena Lee, Pang Khang Chau (Director-General),

Mr Tan Siong Thye, S.C. (Deputy Attorney-General [with effect from 2 February 2015]),

Mr V K Rajah, S.C. (Attorney-General),

Mr Lionel Yee Woon Chin, S.C. (Solicitor-General), Ms Daphne Hong Fan Sin,

Ivan Chua Boon Chwee, Kow Keng Siong

(Left to Right) Second row:

Ms Ravneet Kaur, Ms Terri Lim, Ms Deena Bte Abdul Aziz Bajrai,

Ms Seraphina Fong Mian Yi, Ms Mary-Elisabeth Chong Xinling, Ms Ilona Tan Lin Yen,

Ms Sarala Kumari d/o Subramaniam, Ms Sabrina Choo Wen Shan

(Left to Right) Back row:

Michael Lin Yuande, Luke Tang, Vinesh Winodan, Kenneth Wong Weixiong,

Paul Chia Kim Huat, David Low Quan Ming, Dennis Tan Chuin Wei

Not in picture:

Ms Danielle Yeow Ping Lin, Ms Nor’ashikin Binte Samdin, Ong Chin Heng,

Jason Tan Theng Kok, Derek Loh Kong Yue, Ms Davinia Filza Binte Abdul Aziz,

Ms Chung Yoon Joo, Toh Shin Hao, Ms Lee Ti-Ting, Ms Natalie Yu-Lin Morris-Sharma,

Ms Jean Kua Zhizhen, Ms Shirin Chua, Ms Wong Li Ru

50 | LEGAL SERVICE COMMISSION

CIVIL DIVISION

(d) Yan Jun v Attorney-General ([2015] 1

The Civil Division (“Division”) plays a vital role in protecting and advancing the Government’s interests, facilitating the administration of justice and upholding the rule of law.

The Division advises the Government on a wide range of complex legal issues, and represents the Government and certain public institutions in legal proceedings and alternative dispute resolution.

SLR 752) – The Court of Appeal upheld the Attorney-General’s position that the applicant’s numerous claims should be struck out (with one claim remaining). The

Court recognised, inter alia, that a 3-year limitation period applies to both intentional and unintentional torts where damages for personal injuries are claimed.

(e) Land Acquisition Appeals – The Division

Some of the significant matters handled by the

Division in 2014 were: handled four Land Acquisition Appeals before the Appeals Board and successfully defended them. The Division will go on to defend one of these cases before the Court of Appeal in July 2015. (a) Re Beloff Michael Jacob QC ([2014] 3 SLR

424) – In this leading Court of Appeal decision on ad hoc admissions of foreign counsel under the new Legal Profession

Act (Cap. 161) framework, the Attorney-

General’s appeal against the ad hoc admission of Queen’s Counsel for a commercial matter was allowed.

(b) Selvi d/o Narayanasamy v Attorney-General

(High Court) – Pursuant to a suit filed by the estate of an inmate who died in prison, the Attorney-General successfully negotiated a settlement of the matter, with the estate unreservedly and unconditionally withdrawing allegations of assault and abuse

The Division actively engaged stakeholder agencies to implement the Attorney-General

(Additional Functions) Act 2014 (Act 25 of

2014), allowing AGC to represent prescribed statutory boards in judicial review and other court proceedings, subject to statutory conditions being met.

The Division continued to offer a full suite of local and overseas training programmes for its officers, as well as training opportunities for officers outside the Division. Together with the

Civil Service College, the Division organised the annual Public Officers’ Law Seminar, which of authority against certain prison officers.

(c) Tey Tsun Hang v Attorney-General

([2015] 1 SLR 856) – The Attorney-

General successfully applied to strike out was also attended by government lawyers from

Malaysia and Brunei.

As of 31 December 2014, there were 49 LSOs in the Division.

judicial review proceedings brought by the applicant against the decision of the

Controller of Immigration not to grant him a re-entry permit. The High Court accepted that judicial review applications may be struck out.

David Chong Gek Sian, S.C.

Chief Counsel

Civil Division

Attorney-General’s Chambers

CIVIL DIVISION,

ATTORNEY-GENERAL’S CHAMBERS

Annual Report 2014 | 51

(Left to Right) Front row:

Yeong Zee Kin, Soh Kee Bun, Ms Sia Aik Kor,

David Chong Gek Sian S.C. (Chief Counsel),

Mr Tan Siong Thye, S.C. (Deputy Attorney-General [with effect from 2 February 2015]),

Mr V K Rajah, S.C. (Attorney-General),

Mr Lionel Yee Woon Chin, S.C. (Solicitor-General), Ms Aurill Kam Su Cheun,

Hui Choon Kuen, Ms Toh Hwee Lian

(Left to Right) Second row:

Ms Wong Pui Kay, Ms Hannah Cheng Xin Ying, Ms Debra Lam Qian Yi,

Ms Germaine Boey Yi Ling, Ms Cheng Yuxi, Ms Elsie Lee Yuejia, Ms May Ng,

Ms Ailene Chou Xiujue, Ms Ruth Yeo Su An, Ms Nicole Evangeline Poh Jia Yin,

Ms Larissa Lim Fen Ping

(Left to Right) Third row:

Terence Ang Ming Sheng, Alexander Sim Li’an, Jonathan Ee Wenyang, Ang Weih-Yeow,

Ms Ang Ching Pin, Jeyendran Jeyapal, Ms Jeanette Justin, Leon Michael Ryan,

David Lee Yeow Wee, Ang Boon Kwan, Sivakumar Ramasamy

(Left to Right) Back row:

Wilbur Lua Wei Liang, Teo Yu Chou, Edrick Guo Zhixian, Viveganandam Jesudevan,

Nicholas Lim Kah Hwee, Adrian Loo Yu Hao, Lim Wei Shin, Khoo Boo Jin

Not in picture:

Ms May Loh Bee Bee, Ms Tammy Low Wan Jun, Ms Linda Esther Foo Hui Ling,

Ms Chua Ying-Hong, Ms Cheryl Siew May Yee, Fu Qijing, Koo Zhi Xuan, Ms Then Ling,

Zheng Shaokai, Ms Tay Ser Bee, Ms Elgina Chua Feng Yi

52 | LEGAL SERVICE COMMISSION

LEGISLATION DIVISION

LEGIS (formerly the Legislation and Law

Reform Division) provides law drafting and legislative advisory services for policies initiated by the Government and more than 60 statutory boards. LEGIS also provides free online access to Singapore legislation through the Singapore

Statutes Online website, and performs regular compilation of amended legislation through law revision.

(c) highest number of Bills introduced in one

Parliament sitting (10 Bills comprising

427 pages).

Some Bills introduced in 2014 implemented notable policies, including:

(a) measures to restore calm and maintain public order in Little India in the immediate aftermath of the riot on

8 December 2013;

2014 STATISTICS

Bills introduced in

Parliament

43

(1,947 pages)

(b) civil remedies and criminal sanctions against cyber bullying and physical harassment;

Subsidiary legislation

(“SL”) published

893

(3,900 pages)

(c) measures aimed at preventing haze pollution in Singapore;

Gazette Notifications vetted

Legal advice rendered 1

Acts revised

411

1,541 pieces

45

(1,862 pages)

(d) establishing the new Family Justice

Courts;

(e) regulating online gambling;

SL revised 7

(1,205 pages)

(f) ensuring that Singapore’s corporate regulatory regime is robust and supports

Singapore’s growth as a global hub for businesses and investors; and

1 Excluding advice provided in the course of drafting.

LEGIS set several records in 2014:

(g) targeting human trafficking, with measures to assist, protect and support trafficked victims.

(a) highest total page count of SL published in a year;

(b) highest total page count for Bills introduced in one Parliament sitting

(eight Bills comprising 624 pages); and

LEGIS collaborated with the National

University of Singapore and the Singapore

Management University to organise the third and final run of the AGC Law Reform Essay

Competition. Winners were offered cash prizes and internship positions with LEGIS.

Annual Report 2014 | 53

In collaboration with the Civil Service

College, LEGIS continued conducting training courses on translating policy into law and legislative drafting. These courses were attended by public sector officers and government lawyers from our regional and understanding of Singapore’s legislation.

Since July 2014, LEGIS has adopted new drafting styles to simplify and modernise the text of Singapore’s legislation. counterparts. LEGIS also continued investing in local and overseas training for its officers.

Under a reciprocal exchange arrangement, an

Assistant Parliamentary Counsel and a LEGIS

LSO undertook training attachments in each other’s jurisdiction for one month.

LEGIS also embarked on Phase 2 of the PLUS

(Plain Laws Understandable by Singaporeans) project, which aims to improve the readability

As at 31 December 2014, there were 24 LSOs in LEGIS.

Owi Beng Ki (Mrs)

Deputy Solicitor-General

(with effect from 1 January 2015) and

Chief Legislative Counsel

Legislation Division

Attorney-General’s Chambers

54 | LEGAL SERVICE COMMISSION

LEGISLATION DIVISION,

ATTORNEY-GENERAL’S CHAMBERS

(Left to Right) Front row:

Phang Hsiao Chung, Mrs Owi Beng Ki (Deputy Solicitor-General [with effect from

1 January 2015] & Chief Legislative Counsel, Legislation Division),

Mr Tan Siong Thye, S.C. (Deputy Attorney-General [with effect from 2 February 2015]),

Mr V K Rajah, S.C. (Attorney-General),

Mr Lionel Yee Woon Chin, S.C. (Solicitor-General),

Ms Audrey Lim Yoon Cheng, Lee Chuan Huei, Phua Wee Chuan

(Left to Right) Second row:

Ms Elizabeth Chua Ming Ying, Ms Esther Yee Swee Yoong, Ms Jaime Tey Su Fung,

Mrs Wendy Chang Mun Lin, Ms Hung Ning Shing, Ms Woon Seow Cheng,

Ms Shahrinah bte Abdol Salam, Ms Cheryl Seah Li Min, Ms Michelle Yeo Hui Min,

Ms Anne Goh

(Left to Right) Back row:

Seow Zhixiang, Sivabalan Thanabal, Ms Karen Ang Aiping, Lim Jit Hee,

Chong Kah Wei, Ms Cheryl Chai Chang Yun

Not in picture:

Ms Hema Subramanian, Mrs Joyce Chao Suling, Terence Chua, Ms Lee Yean-Lin,

Mrs Lim Su Ching

Annual Report 2014 | 55

MINISTRIES, LEGAL SERVICE

DEPARTMENTS AND

STATUTORY BODIES

L

SOs may be posted to Ministries as representatives of the Attorney-General to undertake a broad range of legal work. The current Ministries are: Defence; Law; Home

Affairs; Manpower; Education; Health; Social and Family Development; Culture, Community and Youth; and Communications and

Information. The LSOs provide legal advice, draft and vet legal documents, and assist in the review and drafting of legislation. They may also be involved in the formulation of policies, administration of finances and personnel, training of staff and other leadership or management functions within the respective

Ministries.

LSOs may also be posted to Legal Service

Departments or seconded to statutory bodies and key public institutions. These departments and organisations include the

Legal Aid Bureau, the Insolvency and Public

Trustee’s Office, the Commercial Affairs

Department, the Competition Commission of Singapore, the Accounting and Corporate

Regulatory Authority, the Intellectual

Property Office of Singapore, the Singapore

Land Authority, the Monetary Authority of

Singapore, the Office of the Public Guardian, the Economic Development Board, the Inland

Revenue Authority of Singapore, the National

Environment Agency, the Singapore Medical

Council, the Health Sciences Authority and the Singapore International Mediation

Centre. In each of these departments and organisations, a senior LSO usually assumes primary responsibility for the administration and management of the department or organisation.

56 | LEGAL SERVICE COMMISSION

THE ATTORNEY-GENERAL, THE DEPUTY ATTORNEY-GENERAL,

THE SOLICITOR-GENERAL AND HEADS/SUPERVISORS OF

LEGAL BRANCH DEPARTMENTS

(Left to Right) Front row:

Ms Teoh Ai Lin (Director, Legal Services Department, MINDEF),

Vincent Hoong Seng Lei (Chief Executive, SLA),

Mr Tan Siong Thye, S.C. (Deputy Attorney-General [with effect from 2 February 2015]),

Mr V K Rajah, S.C. (Attorney-General),

Mr Lionel Yee Woon Chin, S.C. (Solicitor-General),

Tan Puay Boon (Director, LAB),

Toh Han Li (Chief Executive, CCS)

(Left to Right) Back row:

Kok Pin Chin Stanley (Director, Legal Office, MOH),

Ms Ching Sann (General Counsel, Legal Division, EDB),

Alvin Koh (Chief Legal Officer, Law Division, IRAS),

Ms Lee Lit Cheng (Senior Director, Legal Division, MHA),

Ms Thian Yee Sze (Director-General, Legal Group, MinLaw),

Ms Joan Janssen (2 Director-General, Legal Group, MinLaw),

Ms Jeanne Lee (Divisional Director, Legal Services Division, MOM),

Kenneth Yap Yew Choh (Chief Executive, ACRA),

Ms Jill Tan Li Ching (Official Assignee & Public Trustee, IPTO),

Ms Amy Tung Chew Ming (Director-Designate, Legal Services Unit, MSF

[with effect from 16 Feb 2015]),

Loke Shiu Meng (Director, Legal Services Branch, MOE)

Not in picture:

Daren Tang (Deputy Chief Executive, IPOS),

Ms Melinda Moosa (Senior Director, Legal Unit, MCCY),

Ms Lim Hui Min (Director, Legal Services Unit, MSF),

Ms Daphne Chang (Director, Legal Services Department, MCI),

Isaac Tan (Director, Legal Policy, NEA)

Annual Report 2014 | 57

MINISTRY OF SOCIAL AND

FAMILY DEVELOPMENT

The Legal Services Unit (“LSU”) of the Ministry of Social and Family Development (“MSF”) provides legal advice to the MSF on a diverse range of issues including data protection, services for the disabled, the Baby Bonus scheme, gambling safeguards, child protection and family law and the administration of the

Mental Capacity Act (Cap. 177A). The LSU also vets the MSF’s contracts and provides legal input and advice on the review and amendment of legislation under the MSF’s purview, such as the Women’s Charter (Cap. 353), the Adoption of Children Act (Cap. 4) and the Children and

Young Persons Act (Cap. 38).

The LSU conducts a legal education programme

(consisting of fortnightly talks or seminars) for the MSF’s officers. Topics covered in 2014 included legitimate expectations, contract drafting and Singapore’s legal system. In addition, the LSU conducted quarterly Master

Classes for legally trained MSF officers, which focused on administrative and constitutional law matters. For its own LSOs, the LSU organised quarterly learning journeys to places related to the MSF’s work (such as the National Council on Problem Gambling), enabling the LSOs to better understand the context in which their legal advice is sought and given.

As at 31 December 2014, there were four LSOs in the LSU.

Lim Hui Min (Ms)

Director

Legal Services Unit

Ministry of Social and Family Development

LEGAL SERVICES UNIT, MINISTRY OF SOCIAL AND FAMILY DEVELOPMENT

(Left to Right):

Ms Eunice Chong Miao En, Ms Lim Hui Min (Director, Legal Services Unit, MSF),

Ms Amy Tung Chew Ming (Director-Designate, Legal Services Unit, MSF [with effect from 16 Feb 2015]), Ms Tan En En, Ms Elena Yip Luyang

58 | LEGAL SERVICE COMMISSION

MINISTRY OF DEFENCE

The Department’s Military Prosecutors prosecute persons subject to military law in

The Legal Services Department

(“Department”) of the Ministry of Defence

(“MINDEF”) provides legal advisory services to the MINDEF, the Singapore Armed Forces

(“SAF”) and MINDEF-related organisations.

The Director of the Department is also ex

officio the Chief Military Prosecutor.

the Subordinate Military Courts. In CMP v

3WO Mohammed Ilmiizhar Bin Mohd Ilias

(MCA 4/2014), the Department successfully argued that the benchmark sentence for misappropriation of ammunition cases should be detention.

Besides advising on legal issues such as compensation for service injuries and the discharge of servicemen, the LSOs from the Department gazetted as State Counsel represented the MINDEF as a “properly

In 2014, the Armed Forces Council approved the appointment of the first legally trained

Registrar of the Subordinate Military Courts from the Department. The Military Law section also spearheaded a project to review the disciplinary processes for servicemen with psychiatric issues. interested person” in various Coroners’

Inquiries into the deaths of servicemen.

The Department also worked closely with the MINDEF policy departments on the

The Department plays a key role in the legal training of the SAF units. Regular lectures were conducted on topics such as operations in aid of civilian authorities under Part XIIA of the SAF Act (Cap. 295), and the Law of

Committee to Strengthen National Service initiatives. This included work to implement the new IPPT system and the passing of legislation to implement the SAF Volunteer

Corps scheme with approval from the Armed the Sea. Legal dialogues were regularly held with senior SAF officers to foster awareness and a culture of observance of the rule of law and the Law of Armed Conflict.

Forces Council.

In 2014, LSOs from the Department participated in several major SAF exercises and advised on the Law of Armed Conflict

As at 31 December 2014, there were nine

LSOs in the Department.

Teoh Ai Lin (Ms) and Rules of Engagement. The Department was also involved in the negotiation and drafting of defence-related agreements.

Director

Legal Services Department

Ministry of Defence

LEGAL SERVICES DEPARTMENT,

MINISTRY OF DEFENCE

Annual Report 2014 | 59

(Left to Right) Front row:

Ms Asanthi Shiyara Mendis,

Chan Wang Ho,

Ms Teoh Ai Lin (Director, Legal Services Department),

Ms Sharon Ong Su Min,

Ms Hee Mee Lin

(Left to Right) Back row:

Kow Keng Wee,

Paul Lie Yi Fang,

Ng Der Lim

Not in picture:

Gilbert Low Teik Seang

60 | LEGAL SERVICE COMMISSION

LEGAL AID BUREAU

The mission of the Legal Aid Bureau (“Bureau”) is to provide quality legal aid and advice to persons of limited means in a wide range of civil matters, including matrimonial cases, monetary claims, estate matters and applications under the

Mental Capacity Act (Cap. 177A). The LSOs in the Bureau provide legal representation in court, assistance in drafting legal documents and advice on Singapore law.

panel of solicitors, and in 2014, over 200 solicitors assisted the Bureau with its cases by representing applicants in court and submitting legal opinions on their cases.

To further promote the pro bono spirit, the Bureau also appoints lawyers without practising certificates as Volunteer Assistant

Directors of Legal Aid (“VADLAs”). In 2014, a total of 14 VADLAs assisted the Bureau in its work.

The Bureau handled more than 8,700 fresh cases in 2014. In addition, the Bureau was involved in a seminal Court of Appeal case concerning the International Child Abduction

Act (Cap. 143C) and the Hague Convention on the Civil Aspects of International Child

Abduction.

The Bureau strives to continually improve on its service excellence and work efficiency, and in April 2014, underwent an internal reorganisation to streamline its operations.

In October 2014, the Bureau shifted to its new office premises with improved facilities for members of the public. The Bureau is proud to have received official recognition for its overall organisational excellence in its

ISO 9001:2008 re-certification in 2014.

In its endeavour to sow the seeds of the

pro bono spirit in future lawyers, the Bureau hosted more than 100 participants in its internship and volunteer programmes for law undergraduates, as well as work experience programmes for students about to commence their undergraduate studies in law. The Bureau also continued its collaboration with the

National University of Singapore’s Faculty of Law on the Clinical Legal Education

Programme where undergraduates gain practice experience by assisting two faculty members, who are VADLAs, in handling the

Bureau’s cases.

As at 31 December 2014, there were 19 LSOs in the Bureau.

As at 31 December 2014, there were more than 500 solicitors on the Bureau’s

Tan Puay Boon

Director

Legal Aid Bureau

LEGAL AID BUREAU

Annual Report 2014 | 61

(Left to Right) Front row:

Ms Lim Jen Hui, Louis D’Souza, Tan Puay Boon (Director, LAB),

Tan Jen Tse, Ms Karen Loh

(Left to Right) Back row:

Sheik Mustafa Bin Abu Hassan, Chew Minhai Edmund, Ms Yvonne Goh,

Ms Rachel Gan, Ms Cassandra Cheong, Ms Wileeza Binte A Gapar, Ms Hui Jia Lun,

Sunari Bin Kateni, Ethan Liu Junhao, Goh Kiat Yi

Not in picture:

Ms Suriakumari Sidambaram, Ms Sheela Kumari Devi

62 | LEGAL SERVICE COMMISSION

INSOLVENCY AND PUBLIC

TRUSTEE’S OFFICE

before the PT is appointed to assume various duties under the PTA.

The Insolvency and Public Trustee’s Office

(“IPTO”) is headed by the Official Assignee, who holds the concurrent appointments of Public Trustee (“PT”), Registrar of

Moneylenders and Registrar of Pawnbrokers.

The LSOs in the IPTO provide advice on legal issues that arise in individual and corporate insolvencies, trust matters and in the regulation of moneylenders and pawnbrokers. The LSOs also undertake litigation work ranging from insolvencyrelated hearings before the High Court and the Court of Appeal, to the prosecution of offenders under the Bankruptcy Act (Cap. 20) and the Moneylenders Act (Cap. 188) in the

State Courts. The LSOs also contribute to law reform in the areas of law within the IPTO’s ambit.

In a major overhaul of the Pawnbrokers

Act (Cap. 222), the LSOs worked with their colleagues in the Ministry of Law and the

AGC to update the Act and strengthen the

Registrar’s regulatory powers. The LSOs also continued work on the Omnibus Insolvency

Bill and major amendments to the bankruptcy regime.

In 2014, notable criminal cases prosecuted by the IPTO LSOs were disposal of property, and

Public Prosecutor

Chee Weng

Kheong Andrew v Public Prosecutor

(MA 42/2014, unreported), in which the accused was convicted of four charges under the Bankruptcy Act (Cap. 20) for fraudulent charges under the Bankruptcy Act (Cap. 20) for the making of false statements. The appeals by the accused persons were dismissed.

Tan Beng Chua v

([2014] 3 SLR 1274), in which the accused was convicted of four

In 2014, the IPTO’s LSOs worked with the Legislation Division of the AGC on amendments to the Public Trustee Act

(Cap. 260) (“PTA”), which came into effect in December 2014. Significant amendments included a new scheme for paying interest to the estates whose funds are held by the

PT, and the introduction of a requirement to obtain the PT’s views or written consent

As at 31 December 2014, there were eight

LSOs in the IPTO.

Jill Tan (Ms)

Official Assignee & Public Trustee

Insolvency and Public Trustee’s Office

INSOLVENCY AND PUBLIC TRUSTEE’S OFFICE

Annual Report 2014 | 63

(Left to Right) Front row:

Lim Yew Jin,

Ms Jill Tan Li Ching (Official Assignee & Public Trustee, IPTO),

Ms Beverly Wee Ying Ling

(Left to Right) Back row:

Davyd Chong Wenquan,

Ms Goh Yin Dee,

Paul Cheong Yuen

Not in picture:

Ms Kavitha Kandesan

64 | LEGAL SERVICE COMMISSION

MINISTRY OF LAW

The Legal Group and policy divisions at the Ministry of Law (“MinLaw”) play an important role in upholding the rule of law, promoting access to justice, and advancing

Singapore’s social and economic objectives by ensuring a sound and progressive legal framework. resolution sector to meet local, regional and international demands. In 2014, the

LID amended the Legal Profession Act

(Cap. 161) to modernise the regulatory framework for the legal profession and supported work relating to the supply of lawyers, the Singapore International Mediation

Centre and Singapore International Mediation

Institute.

The Legal Policy Division (“LPD”) steers substantive law reform in criminal, civil and family law. It also oversees legal policy

The Policy Advisory Division (“PAD”) works closely with other policy divisions in MinLaw on the legal aspects of policy formulation and matters in Government. The LPD ensures that all legislation reflects sound legal policy principles. In 2014, the LPD vetted more than

40 Bills for legal policy compliance. The LPD also enacted landmark legislation to enhance the protection of persons against harassment and implemented the recommendations of the Family Justice Committee to establish the new Family Justice Courts through the enactment of the Family Justice Act 2014 implementation. In 2014, the PAD worked with policy divisions to introduce anti-piracy site blocking amendments to the Copyright

Act (Cap. 63) as well as other amendments to the Legal Profession Act (Cap. 161) and various land-related bills. The PAD also enacted legislative amendments to establish the Singapore International Commercial Court.

(Act 27 of 2014).

The International Legal Division (“ILD”) promotes and safeguards Singapore’s interests through the development of a

The Community Legal Services Division

(“CLSD”) oversees policies related to the functions of the Legal Aid Bureau, the

Insolvency and Public Trustee’s Office and the Community Mediation Unit. It also plays a pivotal role in developing policies to progressive international law framework which is consistent with the rule of law, and coordinates a whole-of-government approach to international legal policy. In 2014, the ILD moved legislative amendments to strengthen cooperation ties with Myanmar and worked on amendments to the Legal Profession Act

(Cap. 161) to prevent money laundering and financing of terrorism. enhance access to justice. In 2014, the CLSD spearheaded legislative changes to enhance the regulatory framework for pawnbrokers and supported the implementation of an the international criminal cooperation framework, formalised deeper legal enhanced Criminal Legal Aid Scheme.

As at 31 December 2014, there were 23 LSOs in the MinLaw.

Thian Yee Sze (Ms)

The Legal Industry Division (“LID”) develops the legal services and dispute

Director-General

Legal Group

Ministry of Law

LEGAL GROUP,

MINISTRY OF LAW

Annual Report 2014 | 65

(Left to Right) Front row:

Lim Jian Yi, Ms Cheng Pei Feng,

Ms Thian Yee Sze (Director-General, Legal Group, MinLaw),

Ms Joan Janssen (2 Director-General, Legal Group, MinLaw), Leong Kwang Ian

(Left to Right) Second row:

Ms Yap Cai Ping, Ms Ang Swee Yan, Ms Soh Weiqi, Ms Lynda Lee Gek Huang,

Ms Toh Jia Yi, Ms Kathryn Thong Lijuan, Ms Faith Boey Yongwei

(Left to Right) Back row:

Terence Tan Zhong Wei, Yeo Zhi Yuan Stephen, Jordon Li Mingjie,

Ng Shi Zheng Louis, Ms Crystal Tan Huiling, Darryl Soh Wen Yan, Ms Teo Siqi

Not in picture:

Ms Melanie Chng Ai Ling, Ms Joan Sim Su Mei,

Ms Diane Tan Yi-Lui, Ms Stephanie Tan

66 | LEGAL SERVICE COMMISSION

MINISTRY OF HOME AFFAIRS

The Legal Division (“LD”) of the Ministry of

Home Affairs (“MHA”) provides legal advice to the MHA and its departments, including the

Singapore Police Force, the Central Narcotics

Bureau, the Singapore Prison Service, the

Immigration and Checkpoints Authority and the Singapore Civil Defence Force.

The LD supports the MHA and its departments by drafting and reviewing procurement contracts, agreements and crossborder memoranda of understanding. In

2014, a significant assignment undertaken by the LD related to the agreements connected with the INTERPOL Global Complex for

Innovation.

The LD advises on operational and policy matters relating to over 50 statutes that come under the purview of the MHA, covering various aspects of the law including criminal, tort, contract, and public and administrative law. The LD also advises on fund management, financial contracts, board resolutions and board papers for the Board of Trustees managing the superannuation fund, as well as issues relating to judicial review and claims made against the Government.

The LD operates a full-time Secretariat for the Criminal Law Advisory Committees

(“CLACs”) appointed under the Criminal

Law (Temporary Provisions) Act (Cap. 67)

(“CLTPA”). The LSOs in the LD may be appointed as Secretaries to assist the CLACs during hearings by examining witnesses and leading evidence. The LD also supports the MHA by preparing submissions on the assessment of evidence in relation to detention and police supervision orders issued under the CLTPA.

In 2014, the LD was involved in numerous legislative projects including the Protection from Harassment Act 2014 (Act 17 of 2014), the Remote Gambling Act 2014 (Act 34 of

2014) and the Liquor Control (Supply and

Consumption) Bill (No. 1/2015). The LD also rendered legal support in the establishment of the new Independent Review Panel, an initiative of the Minister for Home Affairs,

Deputy Prime Minister Teo Chee Hean, to review findings of internal investigations into cases of serious alleged misconduct by Home

Team officers, to foster greater public trust and confidence in the integrity of the Home

Team.

The LSOs in the LD represent the MHA and its departments in Coroner’s Inquiries and other inquiries, such as the inquiry into the riot in Little India on 8 December 2013.

As at 31 December 2014, there were five

LSOs in the LD.

Lee Lit Cheng (Ms)

Senior Director

Legal Division

Ministry of Home Affairs

LEGAL DIVISION,

MINISTRY OF HOME AFFAIRS

Annual Report 2014 | 67

(Left to Right):

Ms Ruth Wong Shuyi,

Jeffrey Sim Mong Heng,

Ms Lee Lit Cheng (Senior Director, Legal Division, MHA),

Ronald Ang Ee Lin,

Ms Dora Tay Joo Ling

68 | LEGAL SERVICE COMMISSION

MINISTRY OF MANPOWER

The LSOs in the Legal Services Division

(“LSD”) of the Ministry of Manpower

(“MOM”) handle the MOM’s prosecution, adjudication, advisory and legislative work.

Following the Little India riot in December

2013, a Committee of Inquiry (“COI”) was convened in February and March 2014. The

MOM was called upon to give evidence at the

COI and our LSOs were closely involved in the preparations for this.

these cases. Assistant Commissioners hearing work injury claims piloted a number of initiatives to expedite cases.

The Civil/Legislative Branch worked on the Foreign Employee Dormitories Bill

(No. 43/2014) and amendments to the

Industrial Relations Act (Cap. 136). The department rendered 943 pieces of advice in

2014, substantially more than in 2013. The issues considered included whether a foreign embassy in Singapore could be compelled to appear in a case where its employee made a claim for unpaid salary under the

Employment Act (Cap. 91) and the impact of the USA Patriot Act of 2001 on the MOM’s procurement process.

In 2014, the Prosecution Branch handled over 2,500 cases, of which 504 were prosecuted and 40 went for trial. 38% more cases proceeded to trial in 2014 than in

2013. New sentencing benchmarks were set in cases under the Workplace Safety and

Health Act (Cap. 354A) for employers who fail to ensure the safety and health of their workers – PP v CGW Construction Pte Ltd

(MOM Summons 1412/2013, unreported).

The MOM also took stiffer enforcement action where forged educational certificates were used to apply for work passes in the services sector.

In 2014, the LSD designed and implemented the Prosecution, Adjudication and Civil

System (“PACS”), an IT platform which brings together multiple systems within the LSD.

PACS allows officers to create a knowledge database and generate statistics. It links to the MOM’s enforcement branches’ databases and to the State Courts’ case filing system, allowing for seamless transfer of documents.

Under the Administrative Financial Penalty regime which empowers appointed LSD officers to impose financial penalties for regulatory breaches of the Employment of Foreign Manpower Act (Cap. 91A), the

Adjudication Branch assessed 824 cases in

2014, issuing financial penalties in 15% of

As at 31 December 2014, there were four

LSOs in the LSD.

Jeanne Lee (Ms)

Divisional Director

Legal Services Division

Ministry of Manpower

LEGAL SERVICES DIVISION,

MINISTRY OF MANPOWER

Annual Report 2014 | 69

(Left to Right):

Ms Vala Muthupalaniappan,

Mark Tay Swee Keng,

Ms Jeanne Lee (Divisional Director, Legal Services Division, MOM),

Ivan Chua,

Benjamin Yim,

Ms Ho Su-Lyn

70 | LEGAL SERVICE COMMISSION

MINISTRY OF EDUCATION

The Legal Services Branch (“LSB”) of the

Ministry of Education (“MOE”) provides legal services to the MOE, its various divisions and over 270 Government schools. These include advising the MOE on its regulatory powers, contracts, disciplinary matters, personal data protection obligations, personal injury claims and intellectual property rights.

In 2014, the LSB assisted with the implementation of the MOE’s framework for the registration of instructors hired by schools. The LSB was also involved in the commencement of various human resource initiatives, such as the review of the MOE’s recruitment processes and the benchmarking of outcomes for disciplinary cases.

In the area of legislation, the LSB assisted the MOE with amendments to the Education

Endowment and Savings Schemes Act

(Cap. 87A), which extended Edusave contributions to all children who are Singapore citizens.

Finally, the LSB assisted and advised on the finalisation and execution of the inaugural joint funding agreement between the MOE and various voluntary welfare organisations in respect of funding to be provided to Special

Education Schools.

As at 31 December 2014, there were four

LSOs in the LSB.

Loke Shiu Meng

Director

Legal Services Branch

Ministry of Education

LEGAL SERVICES BRANCH, MINISTRY OF EDUCATION

(Left to Right):

Ms Dawn Lim Shiqi, Loke Shiu Meng (Director, Legal Services Branch, MOE),

Ms Elizabeth Lee Liang Mae, Shen Zongwei Melvin

Annual Report 2014 | 71

MINISTRY OF HEALTH

The Legal Office (“LO”) of the Ministry of

Health (“MOH”) provides legal services to the

MOH’s senior management, its divisions and

(where appropriate) statutory bodies under emerging threats to Singapore’s public health, such as the recent dengue outbreak, Middle

Eastern Respiratory Syndrome (MERS) and Ebola virus disease. The LO revised the framework for the Community Health

Assist Scheme and vetted the contractual the MOH’s purview. These services include legal advice, litigation support, advising on legislative drafting and developments, drafting and vetting commercial and non-commercial framework underpinning the SG50 Seniors

Package. Finally, 2014 saw the conclusion agreements, and directing prosecutions of the MOH’s prosecution of two doctors and a medical clinic in connection with the premature death of their patient during a initiated by the MOH.

liposuction procedure.

In 2014, the LO played a critical role in advising on and drafting new legislation, most notably the MediShield Life Scheme Act 2015

(Act 4 of 2015). The LO also worked with the

MOH and the AGC on subsidiary legislation to implement the ban on the importation and sale of shisha tobacco. In addition, the LO advised the MOH on its responses to various

As at 31 December 2014, there were four

LSOs in the LO.

Kok Pin Chin Stanley

Director (Legal)

Legal Office

Ministry of Health

LEGAL OFFICE, MINISTRY OF HEALTH

(Left to Right):

Ms Parveen Kaur Nagpal, Andre Moses Tan,

Kok Pin Chin Stanley (Director, Legal Office, MOH), Ms Karin Lai Yiling

72 | LEGAL SERVICE COMMISSION

MINISTRY OF

COMMUNICATIONS AND

INFORMATION

As at 31 December 2014, there were two

LSOs in the LSD.

The Legal Services Department (“LSD”) of the Ministry of Communications and

Information (“MCI”) advises and provides legal support to the divisions of the MCI and its senior management. The LSD supports the MCI in a wide range of areas including the exercise by the MCI of its regulatory and statutory functions, the statutory interpretation of legislation under the MCI’s purview, and its policy deliberations on amendments to legislation as well as issues relating to implementation and administration of newly amended or promulgated legislation.

The LSD also provides legal support to the

MCI in its dealings with the statutory boards under its purview (namely the Infocomm

Development Authority of Singapore, the

Media Development Authority, the National

Library Board and the Personal Data

Protection Commission).

Daphne Chang (Ms)

Director

Legal Services Department

Ministry of Communications and Information

LEGAL SERVICES DEPARTMENT,

MINISTRY OF

COMMUNICATIONS AND

INFORMATION

The LSD advises on, drafts and reviews contractual and quasi-contractual documents including procurement contracts, grant agreements, licence agreements, scholarship agreements, memoranda of understanding and website terms of use.

The work of the LSD covers a wide range of legal issues including statutory interpretation, constitutional and administrative law, contract law, tort law and intellectual property law.

(Left to Right):

Ms Ang Ching Hwei,

Ms Daphne Chang

(Director, Legal Services Department,

MCI)

LEGAL SERVICES DEPARTMENT,

MINISTRY OF

COMMUNICATIONS AND

INFORMATION

Annual Report 2014 | 73

MINISTRY OF CULTURE,

COMMUNITY AND YOUTH

As at 31 December 2014, there were two

LSOs in the LU.

The Legal Unit (“LU”) of the Ministry of

Culture, Community and Youth (“MCCY”) works with all the divisions and departments of the MCCY on a wide range of legal matters.

In 2014, the LU dealt with an increasingly diverse range of work and consolidated its role in legal risk management in the MCCY.

Melinda Moosa (Ms)

Senior Director (Legal)

Legal Unit

Ministry of Culture, Community and Youth

LEGAL UNIT,

MINISTRY OF CULTURE,

COMMUNITY AND YOUTH

As preparations for Singapore’s Jubilee Year in 2015 stepped up, the LU became busier supporting the SG50 Programme Office led by the Minister for Culture, Community and

Youth. With the formation of a new Youth

Corps Singapore division in July 2014, and in the run-up to the establishment of the

National Youth Council as an autonomous agency on 1 January 2015, the LU also undertook more work in the youth and youthdevelopment sector.

In addition, the LU helped manage contractual and regulatory matters as well as assisted in legislative work, including the review of the

Administration of Muslim Law Act (Cap. 3) and the Co-operative Societies Act (Cap. 62).

As part of the LU’s contribution towards capacity-building, it has embarked on the creation of templates for use by the MCCY officers and in-house legal training for contracts and procurement. The LU will build on such efforts in 2015.

(Left to Right):

Mohamad Zaki bin Jumahri,

Ms Melinda Moosa

(Senior Director, Legal Unit, MCCY)

74 | LEGAL SERVICE COMMISSION

COMMERCIAL AFFAIRS

DEPARTMENT, SINGAPORE

POLICE FORCE

As at 31 December 2014, there was one LSO in the CAD.

The Commercial Affairs Department

(“CAD”) is the principal white-collar crime

Tan Boon Gin

Director enforcement agency in Singapore. Commercial Affairs Department

In 2014, low interest rates, out-of-reach traditional asset prices and a loss of trust in financial institutions saw investors turning to products in the unregulated sector, such as land banking, gold trading and overseas housing projects. Thousands of such investors were affected by the collapse of the entities

Profitable Plots, Geneva Gold and EcoHouse.

The CAD’s investigations taught us that enforcement was not the best way to deal with such cases as it was resource-intensive and yet the monies recovered were often only a fraction of the amounts invested. The CAD engaged the Monetary Authority of Singapore

(“MAS”) on this issue and the MAS has issued a consultation paper on the expansion of its regulatory ambit into this sector.

COMMERCIAL AFFAIRS

DEPARTMENT

Trust in the regulated sector was further eroded by the penny stock crash that wiped

$8 billion off the market capitalisation of the

Singapore Exchange. Following these events, the CAD launched its biggest securities fraud investigation to date, together with the MAS.

The year 2014 ended dramatically with the

CAD’s investigation into a China tour guide who had allegedly abused the trust of an elderly wealthy widow.

Tan Boon Gin

(Director, CAD)

COMMERCIAL AFFAIRS

DEPARTMENT

Annual Report 2014 | 75

COMPETITION COMMISSION

OF SINGAPORE

the CCS published a market study that it had commissioned on the airline industry.

The year 2014 saw the Legal and Enforcement

Division of the Competition Commission of

Singapore (“CCS”) achieve the next milestone of competition law enforcement with the issuance of infringement decisions against international cartels. In May 2014, four

Japanese ball and roller bearings manufacturers and their Singapore subsidiaries were found to have engaged in anti-competitive agreements and unlawful exchange of information.

In December 2014, 10 freight forwarding companies were sanctioned for collectively fixing fees and surcharges, and exchanging price and customer information. The CCS’s

LSOs were involved in the investigations that resulted in financial penalties totalling more than $16 million being imposed in these cases.

Besides legal work, the CCS’s LSOs were also actively involved in advocacy and outreach activities, such as delivering presentations on competition policy and law to Government agencies, local and international law firms, the

Law Society of Singapore and multi-national corporations.

In addition, to kick off the CCS’s 10th

Anniversary, its LSOs spearheaded the organisation of the CCS-SAL Competition

Law Conference in August 2014. This biennal flagship event served as a platform for competition regulators and practitioners to gain insights on the latest developments in competition policy and law from local and international competition experts.

The mergers front was extremely busy as the CCS received 10 merger notifications in

2014. The merger decisions included the first conditional clearance granted on the basis of behavioural and divestiture commitments, and the first clearance granted on the basis of a failing firm defence.

On the international front, LSOs at the CCS were involved in the drafting and negotiation of the competition chapters of the Regional

Comprehensive Economic Partnership, the

Turkey-Singapore Free Trade Agreement, as well as capacity building for ASEAN Member

States ahead of the ASEAN Economic

Community 2015.

With the newly established Policy and Markets

Division, the CCS has expanded beyond As at 31 December 2014, there were seven enforcement to delivering competition advisories to Government agencies on the market impact of their policies as well as market studies into sectors where competition may not have been working well. In 2014,

LSOs seconded to the CCS.

Toh Han Li

Chief Executive

Competition Commission of Singapore

76 | LEGAL SERVICE COMMISSION

COMPETITION COMMISSION OF SINGAPORE

(Left to Right) Front Row:

Edmund Lam Hon Mern,

Lee Cheow Han,

Toh Han Li (Chief Executive, CCS),

Lee Jwee Nguan,

Jaime Pang

(Left to Right) Back Row:

Ms Serene Seet Lay Cheng,

Ms Qiu Huixiang

Annual Report 2014 | 77

ACCOUNTING AND

CORPORATE REGULATORY

AUTHORITY

The Accounting and Corporate Regulatory

Authority (“ACRA”) is the national regulator of business entities and public accountants.

The ACRA’s mission is to provide a responsive and trusted regulatory environment for businesses and public accountants.

The Companies Act (Cap. 50) was amended in 2014 to reduce regulatory burdens on companies and provide greater business flexibility, while strengthening corporate governance where necessary; and a new

Business Names Registration Act 2014 (Act 29 of 2014) (which will replace the Business

Registration Act (Cap. 32)) was enacted to simplify the process for the registration of persons and their business names.

The Chief Executive of the ACRA is also the Registrar of Companies, Businesses,

Public Accountants, Limited Liability

Partnerships and Limited Partnerships, and serves as an ACRA Board member. He sits on several national and international councils and committees including the Accounting

Standards Council of Singapore, the

Corporate Governance Oversight Committee proceedings against public accountants.

and the Singapore Accountancy Commission.

Internationally, he serves on the Executive

Committee of the Corporate Registers

Forum, the Board of XBRL International and the Advisory Council of the International

Forum of Independent Audit Regulators.

In 2014, the Accounting and Corporate

The ACRA also embarked on new enforcement strategies to encourage more statutory compliance, and the ACRA LSOs assisted in the expanded Financial Reporting

Surveillance Programme to further strengthen the integrity and quality of corporate financial reporting. The LSOs at the ACRA also assisted as prosecuting counsel in disciplinary

Additionally, the Institute of Corporate Law

(“ICL”) was launched to host a roundtable for academic discussion of corporate law issues and to implement training for directors on their duties under the Companies Act

(Cap. 50). With ACRA LSOs as speakers, the

ICL has trained more than 1,000 directors on their legal duties and responsibilities under the Companies Act (Cap. 50). Regulatory Authority Act (Cap. 2A) was amended to enhance the regulatory framework for corporate service providers by mandating compliance with the Financial Action Task

Force’s standards for the prevention of money

As at 31 December 2014, there were 11 LSOs seconded to the ACRA. laundering and terrorism financing. The

Corporate Service Providers Enforcement and Regulation Department of the ACRA implements this new regime.

Kenneth Yap Yew Choh

Chief Executive

Accounting and Corporate Regulatory

Authority

78 | LEGAL SERVICE COMMISSION

ACCOUNTING AND CORPORATE

REGULATORY AUTHORITY

(Left to Right) Front Row:

Ms Toh Wee San, Kenneth Yap Yew Choh (Chief Executive, ACRA),

Andy Sim Yock Ann

(Left to Right) Back Row:

Cheok Yu-Liang, Ms P Arul Selvamalar, Leonard Goh Choon Hian,

Kenny Kung Yong Jin, Thomas Mathew Koshy, Elgin Tay Wei Xiong,

Ms Elena Yeo Ju-Lan

Not in picture:

Andrew Abraham, Nicholas Ngoh York Chao

Annual Report 2014 | 79

INTELLECTUAL PROPERTY

OFFICE OF SINGAPORE

The Intellectual Property Office of Singapore

(“IPOS”) is a statutory body under the

Ministry of Law. It administers and develops

Singapore’s intellectual property (“IP”) regulatory regime, promotes IP usage and provides specialised IP training. Our aim is to build an IP regime that will help drive innovation and creativity in Singapore, enabling Singapore to be a global IP hub.

The year 2014 saw a major change in our patents regime to a positive grant system. Our attention has now shifted to the Copyright and

Registered Designs regimes, both of which are undergoing major policy reviews to see how they can better serve the needs of our businesses and people. IPOS also worked with major financial institutions to put together an

IP Financing Scheme which, for the very first time in Singapore, allows companies to utilise their patents as collateral for loans.

Internationally, IPOS took on the chairmanship of IP negotiations in two key agreements: the Trans-Pacific Partnership

Free Trade Agreement and the Regional

Comprehensive Economic Partnership. In doing so, we hope to help establish Singapore as a constructive and influential presence in the international IP community.

As at 31 December 2014, there were two

LSOs seconded to the IPOS.

Daren Tang

Deputy Chief Executive

Intellectual Property Office of Singapore

INTELLECTUAL PROPERTY

OFFICE OF SINGAPORE

(Left to Right):

Alan Hu,

Daren Tang

(Deputy Chief Executive, IPOS)

80 | LEGAL SERVICE COMMISSION

SINGAPORE LAND

AUTHORITY

The mission of the Singapore Land Authority

(“SLA”) is to optimise land resources for the economic and social development of Singapore. The SLA oversees the full spectrum of dealings with State land, from the sale, lease and allocation of State land, to the management of State land and buildings, and the acquisition of land for the State. The

SLA is also responsible for the management of the national land registration and land survey systems from which a national three-dimensional (“3D”) topographic map is being developed. The 3D map will support

Virtual Singapore, one of the projects under the Smart Nation initiative announced by Prime

Minister Lee Hsien Loong in November 2014.

The LSOs in the SLA carry out a variety of functions, such as management and statutory functions, as well as legal advisory work.

A key initiative in 2014 was the amendment of the Land Titles Act (Cap. 157) to improve land administration. After a comprehensive review in consultation with the Law Society of

Singapore, the Land Titles (Amendment) Act

2014 (Act 8 of 2014) was passed by Parliament in February 2014. Salient changes include:

(b) requiring a caveator to obtain a court order for his caveat to remain on the title instead of requiring the property owner to obtain a court order to remove it; and

(c) strengthening the regime for the replacement of certificates of title to prevent fraudulent use of lost titles.

To further improve the SLA’s land administration and enhance the standing of

Singapore in the international sphere, the

LSOs in the SLA attend and present papers at the annual Australasian Registrars of Title

Conference. This annual conference provides opportunities for various jurisdictions, mainly those with the Torrens system of title registration, to share their challenges, practices and innovations with regard to the management and administration of land. Singapore will be hosting the 2015 conference.

As at 31 December 2014, there were three

LSOs seconded to the SLA.

Vincent Hoong Seng Lei

Chief Executive

Singapore Land Authority

(a) empowering the court to create, vary or extinguish easements;

SINGAPORE LAND AUTHORITY

Annual Report 2014 | 81

(Left to Right):

Ms Joyce Lee Ling Wei,

Ms Brenda Chua Wei Ling,

Vincent Hoong Seng Lei (Chief Executive, SLA),

Bryan Chew Chee Wan

82 | LEGAL SERVICE COMMISSION

MONETARY AUTHORITY OF

SINGAPORE

The Monetary Authority of Singapore

(“MAS”) conducts integrated supervision of financial services in Singapore.

One LSO was seconded as Head of the

Secondary Markets Conduct and Enforcement

Division, where he oversees investigations and enforcement actions undertaken by the MAS for capital market misconduct. This Division is also responsible for assisting foreign regulators in cross-border investigations and enforcement. Working closely with the AGC, the Division brings civil penalty actions in court for misconduct such as insider trading and market manipulation.

Advisers Act (Cap. 110) and the Securities and Futures Act (Cap. 289), and other reforms intended to further the MAS’s role as a financial supervisor.

One LSO was seconded to the Prudential

Policy Department (“PPD”). He works on the review and development of financial policies.

In 2014, the PPD led a review of the Banking

Act (Cap. 19) and the Deposit Insurance and Policy Owners’ Protection Schemes

Act (Cap. 77B), among other initiatives, to enhance depositor protection and prudential safeguards.

As at 31 December 2014, four LSOs were seconded to the MAS.

Two LSOs were seconded to the Legal

Department (“LD”), which renders legal advice to the other departments within the

MAS. In 2014, the LD worked on the review of various Acts, including the Financial

Teo Guan Siew

Head, Secondary Markets Conduct and

Enforcement Division

Market Conduct Department

Monetary Authority of Singapore

MONETARY AUTHORITY OF SINGAPORE

Annual Report 2014 | 83

(Left to Right) Front Row:

Kevin Yong Ee Wen,

Teo Guan Siew (Head, Secondary Markets Conduct and Enforcement Division,

Market Conduct Department, MAS),

Ms Sarah Lam Yan Xia

(Left to Right) Back Row:

Ng Yiwen,

Ms Serene Chew

Not in picture:

Ms Gillian Koh-Tan

84 | LEGAL SERVICE COMMISSION

OFFICE OF THE PUBLIC

GUARDIAN, MSF

As at 31 December 2014, there was one LSO seconded to the OPG.

Since its inception, the Office of the Public

Guardian (“OPG”) has accepted close to

9,000 Lasting Power of Attorney (“LPA”) applications (as at 31 December 2014).

To make the LPA more accessible, a simplified

Form 1 was implemented in September 2014 with a two-year fee waiver for Singaporeans.

Applicants can also mail in their LPAs freeof-charge with SingPost’s Business Reply

Service.

Daniel Koh

Public Guardian

Office of the Public Guardian

Ministry of Social and Family Development

OFFICE OF THE PUBLIC

GUARDIAN, MSF

In two well-publicised cases, the Public

Guardian had to intervene in the donors’

LPAs to ensure that their interests were not compromised by their appointed donees. This brought into focus the role that the Public

Guardian plays in protecting those with impaired mental capacity in our community.

Two committees were established to review and refine the safeguards in executing the LPA and increase accessibility of certificate-issuing services. The OPG participated in the courts’ initiatives to simplify court forms for deputy applications. The OPG is also harnessing technology to move towards online execution of LPAs and searches.

Under the panel deputy scheme, a lawyer and a social worker were appointed as deputies to enable long-term healthcare maintenance of a person without mental capacity and to enable next-of-kin to act on his behalf.

Daniel Koh

(Public Guardian, OPG)

OFFICE OF THE PUBLIC

GUARDIAN, MSF

Annual Report 2014 | 85

ECONOMIC DEVELOPMENT

BOARD

The Economic Development Board (“EDB”), a statutory body under the Ministry of Trade and Industry, plans and executes economic strategies for the growth and development of the Singapore economy.

(“Division”) advises on tax incentives offered by the EDB pursuant to the Economic

Expansion Incentives (Relief from Income

Tax) Act (Cap. 86) and the Income Tax Act

(Cap. 134), and both general and sectorspecific grant and loan schemes for the support of innovation, research and development, training and productivity initiatives.

(CA 165/2013, unreported), the expansion of legal risk training and the review of personal data protection processes.

As at 31 December 2014, there were two

LSOs seconded to the Division.

Ching Sann (Ms)

In support of the EDB’s investment promotion efforts, the Legal Division

General Counsel

Legal Division

Economic Development Board

ECONOMIC DEVELOPMENT

BOARD

Other areas handled by the Division include:

(a) negotiation of agreements in respect of the EDB’s initiatives;

(b) advising on the implications of Singapore’s international obligations;

(c) proposing legislative amendments and reforms;

(d) advising on the EDB’s regulatory functions under the Control of Manufacture Act

(Cap. 57);

(e) property, human resource and procurement matters; and

(f) risk management and compliance.

In 2014, the Division’s work included managing the EDB’s successful response to the appeal in UDL Marine (Singapore) Pte

Ltd v Jurong Town Corporation and another

(Left to Right):

Ms Genevieve Lee,

Ms Ching Sann

(General Counsel, Legal Division, EDB)

86 | LEGAL SERVICE COMMISSION

INLAND REVENUE

AUTHORITY OF SINGAPORE

The Chief Legal Officer of the Division is also a member of the IRAS Senior Management.

The Inland Revenue Authority of Singapore

(“IRAS”), a statutory body under the Ministry of Finance, is tasked with administering, assessing, collecting and enforcing the payment of taxes. In recent years, the IRAS’s role has expanded to include supporting the administration of schemes such as the

Productivity and Innovation Credit (“PIC”)

As at 31 December 2014, there were two

LSOs seconded to the Division.

Alvin Koh

Chief Legal Officer

Law Division

Inland Revenue Authority of Singapore

Scheme and the Wage Credit Scheme to facilitate business restructuring and increase productivity.

INLAND REVENUE AUTHORITY

OF SINGAPORE

The Law Division (“Division”) of the

IRAS provides legal advice on a wide range of tax issues, as well as constitutional and administrative law matters. The Division also represents the IRAS in tax-related civil litigation and prosecutes tax-related offences, such as tax evasion and PIC fraud. Annually, as part of the Budget cycle, the Division drafts legislative amendments and engages in law reform. Finally, the Division provides extensive corporate legal support to the IRAS on intellectual property, contract, tort and procurement issues.

As part of their training, the Division’s legal officers attend seminars and conferences on tax law and other relevant areas of law, overseas legislative drafting courses and attachments at barristers’ chambers.

(Left to Right):

Ms Quek Hui Ling,

Alvin Koh

(Chief Legal Officer, Law Division,

IRAS)

Annual Report 2014 | 87

NATIONAL ENVIRONMENT

AGENCY

issues and existing policies.

The National Environment Agency (“NEA”) deals with environmental and public health concerns including pollution, vector-borne diseases and public hygiene. The Legal Policy team provides legal advice and support to the

NEA’s senior management and its divisions, including its enforcement arm.

Significant work undertaken in 2014 included

The work of the Legal Policy team covers legal issues and developmental policies that span the realms of environmental, criminal, public health and contract laws. To render holistic and practical legal solutions, the team actively engages the relevant stakeholders and officers to fully understand key operational the rendering of advice to help shape policies relating to the licensing and enforcement framework for food establishments, assisting with enforcement matters, advising on the interpretation of laws and overseeing prosecutorial matters.

As at 31 December 2014, there were two

LSOs seconded to the NEA.

Isaac Tan Choon Kiat

Director

Legal Policy

National Environment Agency

NATIONAL ENVIRONMENT AGENCY

(Left to Right):

Ms Agnes Chan,

Isaac Tan (Director, Legal Policy, NEA)

88 | LEGAL SERVICE COMMISSION

SINGAPORE MEDICAL

COUNCIL

SINGAPORE MEDICAL

COUNCIL

The Legal Division (“LD”) of the Singapore

Medical Council (“SMC”) supports the work of the SMC which, among other things, regulates the professional conduct of medical practitioners in Singapore. Primarily, the LD exercises oversight over disciplinary inquiries conducted under the Medical Registration

Act (Cap. 174) (“MRA”), including providing input on the framing of charges and advising on the procedural requirements and exercise of investigative powers under the MRA.

The LD provides the necessary legal support for the SMC’s other areas of work, such as medical practitioner registration and the election of SMC Council members, and assists in ensuring the SMC’s compliance with domestic laws and international agreements.

The LD plays an integral role in developing the codes and guidelines issued by the SMC as medical regulator and works closely with the

Ministry of Health on legislative amendments to the MRA.

Mohamed Faizal Mohamed

Abdul Kadir

(Director [Legal] and

General Counsel, Legal Division, SMC)

As at 31 December 2014, there was one LSO seconded to the SMC.

Mohamed Faizal Mohamed Abdul Kadir

Director (Legal) & General Counsel

Legal Division

Singapore Medical Council

SINGAPORE MEDICAL

COUNCIL

Annual Report 2014 | 89

HEALTH SCIENCES

AUTHORITY

The Health Sciences Authority (“HSA”) provides services including the regulation of medical and health products, the collection and maintenance of blood supply, the provision of forensic medicine and scientific services, the regulation of tobacco products, and ensuring the safety of food, pharmaceutical and cosmetic products. On 1 June 2014, one

LSO was seconded as Director, Legal Policy to the HSA to strengthen the inter-agency relationship between the AGC and the HSA.

The Director provides legal advice on policies to meet the national demand for forensic sciences, ensures that evidential gaps in forensic findings are identified, and that scientific findings for sensitive and high-profile cases are expedited. The Director also guides the HSA in the formulation of prosecution policy and prosecution work.

Regular lectures, moot court sessions and scientific report-writing training are conducted for forensic scientists to build competencies in court craft, criminal procedure and basic legal principles.

As at 31 December 2014, there was one LSO seconded to the HSA.

Stella Tan (Ms)

Director

Legal Policy

Health Sciences Authority

HEALTH SCIENCES AUTHORITY

Ms Stella Tan (Director, Legal Policy, HSA)

90 | LEGAL SERVICE COMMISSION

SINGAPORE INTERNATIONAL

MEDIATION CENTRE

The Singapore International Mediation

Centre (“SIMC”) was established in March

2014. The SIMC provides mediation services targeted at parties facing crossborder commercial disputes, in particular those based in Asia. Alongside the Singapore

International Arbitration Centre (“SIAC”) and the Singapore International Commercial

Court, the SIMC completes the suite of international dispute resolution services in

Singapore.

Amongst other things, the SIMC offers mediation conducted by renowned international mediators, assisted where appropriate by technical experts; professional case management services (such as appointing the most suitable mediator for a dispute); and a unique arbitration-mediation-arbitration service with the SIAC.

The Deputy Chief Executive Officer of the

SIMC runs the operations of the SIMC, ranging from case management to business development and finance, and works closely with key stakeholders to develop the international commercial mediation space in

Singapore and beyond.

As at 31 December 2014, there was one LSO seconded to the SIMC.

SINGAPORE INTERNATIONAL

MEDIATION CENTRE

Ms Eunice Chua Hui Han

(Deputy Chief Executive Officer,

SIMC)

Eunice Chua Hui Han (Ms)

Deputy Chief Executive Officer

Singapore International Mediation Centre

SINGAPORE INTERNATIONAL

MEDIATION CENTRE

Annual Report 2014 | 91

MINISTRY OF HOME AFFAIRS

(POLICY)

MINISTRY OF HOME

AFFAIRS (POLICY)

Mr Andrew Tan is presently seconded to the Policy Development Division (“PDD”) of the Ministry of Home Affairs (“MHA”).

The PDD supports the MHA by reviewing existing policies to ensure continued relevancy and by implementing new policies through administrative or legislative means in anticipation of future changes. The policies under the PDD’s purview include Singapore’s policies on criminal justice, human rights, security, immigration affairs and rehabilitation.

In the year 2014, the key legislative amendments driven by the PDD were in the Road Traffic (Amendment) Act 2014

(Act 28 of 2014), the main aims of which were to ensure that the Traffic Police continues to have the necessary enforcement and regulatory powers to implement the Traffic

Police’s Safer Roads Singapore action plan, enhance the competency of drivers, foster greater responsibility in all vehicle owners and motorists to keep Singapore’s roads safe, and streamline administrative processes.

Andrew Tan

(Deputy Director [Policy Development and Security], Policy Development

Division, MHA)

Andrew Tan

Deputy Director

(Policy Development and Security)

Policy Development Division

Ministry of Home Affairs

92 | LEGAL SERVICE COMMISSION

SINGAPORE LEGAL SERVICE

STATE

COURTS

Criminal

Justice Division

Civil Justice

Division

Corporate

& Court

Services Division

JUDICIAL BRANCH

SUPREME

COURT

FAMILY JUSTICE

COURTS

Supreme

Court Registry

Justices’ Law

Clerks Pool

Registrar,

Appeals Board

(Land Acquisition)

Family Division,

High Court

Family

Courts

Youth

Courts

Annual Report 2014 | 93

SINGAPORE LEGAL SERVICE

ATTORNEY-GENERAL’S

CHAMBERS

CRIME CLUSTER

Criminal Justice Division

Financial &

Technology Crime

Division

International Affairs Division

Legislation Division

Civil Division

Ministry of Communications

& Information

(Legal Services Department)

Ministry of Culture,

Community & Youth

(Legal Unit)

Ministry of Education

(Legal Services Branch)

Ministry of Health

(Legal Office)

Ministry of Manpower

(Legal Services Division)

Ministry of Social &

Family Development

(Legal Services Unit)

LEGAL BRANCH

LEGAL SERVICE

DEPARTMENTS/

POSTS IN

MINISTRIES

Legal Aid Bureau

Insolvency & Public

Trustee’s Office

Ministry of Law

(Legal Group)

Ministry of Defence

(Legal Services Department)

Ministry of Home Affairs

(Legal Division)

Director,

Commercial Affairs

Department,

Singapore Police Force

Public Guardian,

Office of Public Guardian,

Ministry of Social &

Family Development

LEGAL SERVICE

DEPARTMENTS/

POSTS IN

STATUTORY

BOARDS

Accounting & Corporate

Regulatory Authority

Competition Commission of Singapore

Economic Development

Board

(Planning & Policy Division)

Health Sciences Authority

Intellectual Property

Office of Singapore

Inland Revenue

Authority of Singapore

(Law Division)

Monetary Authority of Singapore

National Environment

Agency

Singapore International

Mediation Centre

Singapore Land

Authority

Singapore Medical

Council

(Legal Division )

M I L E S T O N E

PROGRAMMES

Annual Report 2014 | 95

LSC POSTGRADUATE SCHOLARSHIPS

AND TRAINING AWARDS IN LAW

L

SC Scholarships and LSC Training

Awards are given out annually to eligible Legal Service Officers (“LSOs”) to pursue postgraduate programmes in law and leadership or management programmes at renowned local and overseas institutions.

Chambers [“AGC”]), Mr Tan Zhongshan

(from the Financial and Technology Crime

Division [“FTCD”], AGC), Mr Fu Qijing and

Ms Chua Ying-Hong (both from the Civil

Division, AGC) share their experiences of undertaking their postgraduate studies in Law.

In 2014, six LSOs were awarded LSC

Scholarships to pursue their Masters of Laws

(“LLM”). Ms Tan Shin Yi (from the Family

Justice Courts), Mr Paul Quan (from the

Supreme Court Registry), Mr Koo Zhi Xuan

(from the Civil Division, Attorney-General’s

Ms Haniza Abnass (from the FTCD, AGC) received an LSC Training Award (of Half-

Pay Leave) in conjunction with the Japanese

Mongbukagakusho Scholarship to study for an LLM in Japan. She also shares her experiences with us.

TAN SHIN YEE

(LLM, NATIONAL UNIVERSITY OF SINGAPORE)

I was initially apprehensive about going back to school after 11 years, but I firmly believe that regular training and continuing legal education is essential in order to prevent intellectual stagnation. Returning to the

National University of Singapore as a graduate student has been an extremely rewarding experience. I took several international and comparative law subjects taught by visiting professors who are widely regarded as authorities in their chosen fields, and greatly enjoyed the thought-provoking discussions in class as well as the range of intriguing topics on which I based my research papers. I am extremely grateful to the Family Justice Courts and the Legal Service for this opportunity.

96 | LEGAL SERVICE COMMISSION

PAUL QUAN, KOO ZHI XUAN &

TAN ZHONGSHAN

(LLM, HARVARD UNIVERSITY)

(Left to Right): Tan Zhongshan, Paul Quan and Koo Zhi Xuan

FU QIJING

(LLM, COLUMBIA UNIVERSITY)

W e arrived at Harvard as eager students in anticipation of its famed pedagogy, esteemed faculty members and diverse student body. We were completely won over by the exceptional intellectual richness, vibrancy and openness on campus. We read widely, ranging from philosophical texts to doctrinal law, and honed our practical legal skills. We also attended many extra-curricular seminars on hot-button and cutting-edge issues, witnessing first-hand the law school’s keen awareness of and involvement in contemporary debates over issues affecting society at large. This exhilarating experience has greatly enriched and inspired us to be better thinkers and lawyers, for which we are deeply indebted to the LSC, the Supreme Court and the AGC.

Enriching” – the word that most aptly describes my experience in Columbia Law

School. Studying the law in a wide spectrum of legal fields, including international law, copyright, comparative constitutional law, human rights, advocacy and trial strategy, as well as commercial regulatory law and policy, has been deeply gratifying; not least because the curriculum was often contemporaneously relevant with world events as they unfolded, sometimes right here in New York. The vibrant and cosmopolitan nature of the city constantly propelled me to reflect and think about law and morality without bias. My time here has allowed me to mature both as a lawyer and as a person. I am truly grateful.

CHUA YING-HONG

(LLM, CAMBRIDGE UNIVERSITY)

HANIZA ABNASS

(LLM, KYUSHU UNIVERSITY)

Annual Report 2014 | 97

T he learning afforded by the Cambridge

Master of Laws is remarkable. The course compels the rethinking of supposedly trite legal principles, as to be expected when one is taught by such fine academics as

Professor Worthington and Professor Virgo.

What was less anticipated was the edification to be gained from other students. With students from more than 40 countries in the programme, there was ample scope for crossfertilisation and what struck me, in particular, was the frequency with which civilian and common lawyers proffered similar, if not identical, answers to difficult issues. This LLM has indubitably broadened my mind, and I thank the Legal Service for the experience.

S tudying in Japan has been fantastic. I have made new friends working in the civil services of various South-East Asian countries – people whose paths I would never have crossed otherwise. At the same time, I have been able to hone my (rusty) command of the Japanese language through extra-curricular lessons and interaction with

Japanese classmates.

It has been an eye-opening experience to learn about the legal thinking of a civil law country like Japan. I look forward to gaining some practical experience during my upcoming internships with law firms in Fukuoka. I am grateful to the LSC and the AGC for this opportunity, which has enabled me to learn so much.

98 | LEGAL SERVICE COMMISSION

MILESTONE PROGRAMMES IN

LEADERSHIP OR MANAGEMENT

T he Legal Service continues to send eligible

LSOs with leadership or managerial

Leadership Programme (“GLP”); and one

LSO attended the 13th FireFly Leadership potential to attend milestone programmes to further develop their expertise in these areas.

Development Programme.

Five LSOs attended leadership and management programmes organised by the

Mr Pang Khang Chau (from the International

Affairs Division, AGC), Mr Toh Han Li

(from the Competition Commission of

Civil Service College and the Economic

Development Board in 2014. Two LSOs attended the 10th Leaders in Administration

Programme (“LAP”); one LSO attended the

21st Senior Management Programme (“SMP”); one LSO attended the 18th Governance and

Singapore), Ms Lim Hui Min (from the Legal

Services Unit, Ministry of Social and Family

Development) and Mr Loke Shiu Meng

(from the Legal Services Branch, Ministry of

Education) share their experiences gleaned from the LAP, SMP and GLP respectively.

PANG KHANG CHAU &

TOH HAN LI

(10 TH LAP)

Annual Report 2014 | 99

Pang Khang Chau (2nd row, 3rd from left) and Toh Han Li (3rd row, 3rd from left) with their class at the 10th LAP.

T he LAP is the Civil Service College’s apex milestone programme. We were fortunate to attend the 10th LAP in 2014.

Participants were able to learn through indepth dialogues with senior leaders from the public, private and social sectors and regional study visits. The LAP brought together senior officials from many different agencies and disciplines to build rapport and exchange views on their leadership and policy challenges. “White spaces” were thus left in the programme for participants to design their own learnings, which our class enthusiastically filled up through lectures about the Pedra Branca dispute and the arbitration on development charges relating to former Malayan railway land in Singapore, as well as visits to foreign worker dormitories and community hospitals. As participants came to grips with the future challenges facing Singapore, we came to a common vision of how Singapore can continue to succeed, and adopted the class motto –

Empathy, Courage, Resilience.

100 | LEGAL SERVICE COMMISSION

LIM HUI MIN

(21 ST SMP)

Lim Hui Min (3rd row, 6th from left) with her class at the 21st SMP.

I attended the 21st SMP from 8 August to 19 September 2014. The participants came from a wide range of Government agencies and statutory boards, spanning the economic, social, foreign affairs, planning and development, defence and other sectors.

I learned much from talking to my fellow participants about their areas of expertise.

We also had engaging and informative discussions with many subject experts and thought leaders, including senior Government officials, academics and entrepreneurs. In addition, the class made two study trips, to

Kuala Lumpur and London, which provided excellent opportunities to network with our foreign counterparts and acquire a deeper understanding of their social, legal and political systems and environments.

Through this course, I acquired a good understanding of the challenges and intricacies of governance and policy formulation in an increasingly complex and uncertain world.

LOKE SHIU MENG

(18 TH GLP)

Annual Report 2014 | 101

Loke Shiu Meng (2nd row, 1st from right) with his class at the 18th GLP.

I was privileged to have participated in the 18th GLP held between 14 May and

5 June 2014. The GLP offered invaluable insight into areas of strategic interest to

Singapore and how a whole-of-government approach contributes towards citizen-centric service delivery.

The study trip to Shanghai and Chengdu saw us engaging with Chinese representatives on the socio-economic challenges facing China as it progresses along its developmental trajectory. Time was also set aside for candid interactions with locally-based Singaporeans to understand how Singapore can remain a relevant and strategic partner to China.

I treasure the opportunity the GLP gave me to form new friendships with fellow public servants and, through our shared experiences and perspectives, reaffirm our conviction to continue to contribute to the Public Service.

102 | LEGAL SERVICE COMMISSION

ATTACHMENTS AT COMPANIES

AND OTHER ORGANISATIONS

A new scheme, where eligible LSOs are sent for attachments at commercial companies and other organisations, was introduced in 2013. The scheme was designed for LSOs to gain commercial experience through stints in specific organisations. The scheme was launched in 2014 with four LSOs:

• Mr Loo Yu Hao, Adrian (GIC Private

Limited);

• Mr Wong Woon Kwong (Shell Eastern

Petroleum (Pte) Ltd);

• Mr Kwek Chin Yong (Singapore Exchange

Limited [“SGX”]); and

• Ms Peggy Pao-Keerthi Pei Yu (Temasek

Holdings (Private) Limited [“Temasek”]).

The LSOs’ scope of work depended on the nature of their respective host organisations and included regulatory work (such as, in

SGX, approval of the listing of securities on the stock exchange) as well as in-house transactional, corporate and compliance work

(in GIC, Shell and Temasek). The LSOs in inhouse legal departments worked closely with the commercial and operational units in their respective organisations. Specific examples of work they assisted in included investments in venture capital funds, supply and distribution agreements, and mergers and acquisitions.

P R I D E I N

S E R V I C E

104 | LEGAL SERVICE COMMISSION

PRIDE IN

SERVICE

M r Lee Tzu Yang, a Member of the

Legal Service Commission (“LSC”) received the prestigious Meritorious Service

Medal in 2014. The Medal conferred on Mr

Lee was in recognition of his excellent work and immense contributions to the LSC and the Singapore Legal Service; the Ministry of Culture, Community and Youth; and the

Ministry of Manpower.

In addition, a total of 16 LSOs (including former LSO and Chief District Judge Mr See

Kee Oon, who has since been appointed a

Judicial Commissioner and Presiding Judge of the State Courts) were bestowed with

National Day or Long Service Medals in 2014.

The 16 officers were honoured at the

Legal Service National Day Observance

Ceremony held on 15 August 2014. The event commenced with the singing of the National

Anthem and recitation of the National Pledge by representatives from various Legal Service

Departments. This was followed by a medley of patriotic songs performed by the Nanyang

Junior College Choir.

The Public Service Commission Scholars who will be appointed to the Legal Service upon the conclusion of their law studies were also present at the ceremony, which was graced by the Chairman and Members of the Legal

Service Personnel Boards.

The ceremony epitomises the steadfastness and conviction of the Legal Service and all its LSOs to Singapore and represents the immense effort put in by the LSOs towards their spectrum of responsibilities in discharging justice, upholding the rule of law and safeguarding the interests of the nation and people of Singapore.

Annual Report 2014 | 105

MERITORIOUS SERVICE MEDAL

Mr Lee Tzu Yang

Member

Legal Service Commission

THE PUBLIC ADMINISTRATION MEDALS

Name/Designation

Mr Tan Puay Boon

Director

Mr Yeong Zee Kin

Senior Assistant Registrar

Ms Jeanne Lee

Divisional Director

Ms Lee Lit Cheng

Senior Director

Mr Mohamed Faizal

Mohamed Abdul Kadir

Director (Legal) &

General Counsel

Department

Legal Aid Bureau

Ministry of Law

Supreme Court Registry

Legal Services Division

Ministry of Manpower

Legal Division

Ministry of Home Affairs

Legal Division

Singapore Medical Council

THE COMMENDATION MEDAL

Name/Designation

Mr Hon Yi

Deputy Public Prosecutor

Award

PPA (Gold)

PPA (Silver)

PPA (Silver)

PPA (Silver)

PPA (Bronze)

Department

Financial and Technology Crime Division

Attorney-General’s Chambers

106 | LEGAL SERVICE COMMISSION

THE LONG SERVICE MEDAL

Name/Designation

Judicial Commissioner See Kee Oon

Presiding Judge

Ms Foo Tuat Yien

Senior District Judge

Mr Ng Cheng Thiam

Deputy Chief Prosecutor

Mr Chay Yuen Fatt

District Judge

Mr Chia Wee Kiat

District Judge

Mr Tan Jen Tse

Deputy Director

Mr Eddy Tham

District Judge

Mr Marvin Bay

District Judge

Mr Mark Tay

Deputy Public Prosecutor

Mr Benjamin Yim

Deputy Director (Prosecution)

Department

State Courts

Civil Justice Division

State Courts

Criminal Justice Division

Attorney-General’s Chambers

Criminal Justice Division

State Courts

Family Justice Division

State Courts

Legal Aid Bureau

Ministry of Law

Criminal Justice Division

State Courts

Criminal Justice Division

State Courts

State Prosecution Division

Attorney-General’s Chambers

Legal Services Division

Ministry of Manpower

Annual Report 2014 | 107

THE SPECIAL PERSONNEL BOARD WITH THE

RECIPIENTS OF THE NATIONAL DAY MEDALS 2014

(Left to Right) Front Row:

Mr Lionel Yee Woon Chin, S.C. (Solicitor-General),

Justice Lee Seiu Kin, Mr V K Rajah, S.C. (Attorney-General),

Chief Justice Sundaresh Menon, Justice Chao Hick Tin, Justice Steven Chong

(Left to Right) Second Row:

Mohamed Faizal Mohamed Abdul Kadir, Ms Lee Lit Cheng,

Tan Puay Boon, Yeong Zee Kin, Hon Yi

(Left to Right) Back Row:

Chia Wee Kiat, Mark Tay, Ng Cheng Thiam, Ms Foo Tuat Yien,

Tan Jen Tse, Marvin Bay Boon Teck

Not in Picture:

Mr Lee Tzu Yang, Judicial Commissioner See Kee Oon, Ms Jeanne Lee,

Chay Yuen Fatt, Eddy Tham Tong Kong, Benjamin Yim

108 | LEGAL SERVICE COMMISSION

EDITORIAL COMMITTEE

Ms Low Siew Ling (Chairperson)

Ms Peggy Pao-Keerthi Pei Yu (Vice Chairperson)

Ms Chong Chin Chin (Member)

Mr V Jesudevan (Member)

Ms Sarah Tan (Member)

Mr Nicholas Ngoh (Member)

Ms Michelle Yap (Member)

Mr Kenny Kung (Member)

Mr Mohamad Zaki Bin Jumahri (Member)

Ms Sarah Shi (Member)

Ms Elizabeth Chua (Member)

Mr Suhas Malhotra (Member)

Ms Nicole Evangeline Poh (Member)

DEPARTMENT LIAISON OFFICERS

Mr Jonathan Yap (Supreme Court)

Ms Michelle Yap (State Courts)

Ms Masayu Norashikin (Family Justice Courts)

Ms Carene Poh (CJD, AGC)

Mr Gregory Gan & Mr Vadivalagan Shanmuga

(FTCD, AGC)

Ms Terri Lim (IAD, AGC)

Ms Ang Ching Pin (Civil Division, AGC)

Ms Karen Ang (Legislation Division, AGC)

Mr Paul Lie (LSD, MINDEF)

Mr Edmund Chew (LAB)

Mr Paul Cheong (IPTO)

Ms Yap Cai Ping (LG, MinLaw)

Ms Ruth Wong (LD, MHA)

Ms Ho Su-Lyn (LSD, MOM)

Mr Melvin Shen (LSB, MOE)

Ms Karin Lai (LO, MOH)

Ms Ang Ching Hwei (LSU, MCI)

Mr Mohamad Zaki Bin Jumahri (LU, MCCY)

Mr Tan Boon Gin (CAD)

Mr Daniel Koh (OPG)

Mr Jaime Pang (CCS)

Mr Andrew Abraham (ACRA)

Mr Alan Hu (IPOS)

Ms Joyce Lee (SLA)

Mr Ng Yiwen (MAS)

Ms Genevieve Lee (EDB)

Ms Quek Huiling (IRAS)

Ms Agnes Chan (NEA)

Mr Mohamed Faizal (SMC)

Ms Stella Tan (HSA)

Ms Eunice Chua (SIMC)

Mr Andrew Tan (MHA)

Ms Tan En En (LSU, MSF)

LEGAL SERVICE COMMISSION SECRETARIAT

Ms Audrey Lim

Ms Joyce Loh

Ms Ong Ai Hui

B | LEGAL SERVICE COMMISSION

1, Supreme Court Lane,

Level 4 Supreme Court,

Singapore 178879 website: www.lsc.gov.sg

email: lsc_sec@lsc.gov.sg

LEGAL

SERVICE

COMMISSION ANNUAL REPORT 2014

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