CBD Strata Offices for Sale 2 Havelock Road, Singapore 059763 Choice Units: From 312 sq ft onwards (From $7xxK) ACTUAL VIEW FROM UNIT Opposite State Courts & Attorney General Chambers office Next to Clarke Quay MRT Station Covered access leading to Chinatown MRT Station No restrictions on foreign ownership Raised floors, waterpoints & discharge outlets provided in all units Vibrant precinct with major landmarks (Hotels, Malls, F&B, Banks) Independent flexible air-conditioning system Basement carpark with approx 100 lots Ideal for legal firms and financial institutions No additional Buyer’s Stamp Duty No Seller’s Stamp Duty All images stated are Artist’s Impressions. FOR FURTHER INFORMATION, PLEASE CONTACT SAMMI LIM +65 9368 9803 LOW CHOON SIN +65 9841 0006 E: sammi.lim@cbre.com.sg E: choonsin.low@cbre.com.sg CEA Reg. No.: R003899J Appointed Agent CEA Reg. No.: R027985H While every reasonable care has been taken in preparing this marketing collateral, neither this marketing collateral nor any of its contents shall constitute part of an offer or contract, and neither the Developer nor its agents are warranting the accuracy of any information contained therein nor will the Developer or any of its agents be held responsible for any inaccuracies or omissions. All statements and information are believed to be correct but are not to be regarded as or relied upon as statements or representation of facts. All information and specifications are current at the time of going to the press and are subject to such changes as may be required or approved by the Developer. All plans are not to scale unless expressly stated and are subject to any amendments which are required or approved by the relevant authorities. Renderings and illustrations are artist’s impressions only and photographs are only décor suggestions and cannot be regarded as representation of facts. All areas and other measurements are approximate only and subject to final survey. The Sale and Purchase agreement embodies all the terms and conditions between the Developer and the purchaser and supersedes and cancels in all respects all or any representations, warranties, promises, inducements or statements of intention, whether written or oral made by the Developer and/or its agents which are not embodied in the Sale and Purchase Agreement. 01 President’s Message The Worth of Your Practice This speech was delivered by the President at the Mass Call for new advocates and solicitors held on 23 August 2014 at Nanyang Technological University. May it please Your Honour, I speak on behalf of the Law Society to welcome the cohort of 2014 to the Singapore Bar. I am sure today is an incredibly proud day for all our newly called lawyers and their loved ones gathered here. You will remember this day because this is your first Court session as advocates and solicitors of the Supreme Court of Singapore and under unique circumstances too, with your loved ones by your side. The next time you don the gown in Court, it will probably be with your client by your side. He might not be looking at you then with the same sense of admiration and pride with which the gaze of your loved ones is fixed on you today. Hopefully, his look at you will be one of confidence and of gratitude. Not of despair. You have worked long and hard and persevered to get to where you are today. Yet as you survey this packed auditorium, one eye on the 429 colleagues joining the Profession today, the other on the 650 or so coming on next year, some anxiety might be setting in just as you are setting out. We hear securing employment with law firms is difficult for some this year and we have just heard the Law Minister say that even securing training contracts will be difficult for some next year. Some of you might be wondering whether the bright sunshine of optimism surrounding this Profession in recent years is finally giving way to dark clouds blowing our way. Whilst I think there is basis for concern in light of the growing numbers in terms of lawyers here amidst possibly falling numbers in terms of economic growth, I should also say something of the fresh winds in our midst and the resilience that this profession has to offer. First, the good news. Friends, there is reason indeed to take heart. Singapore’s leadership role in international dispute resolution that is a result of the excellent pioneering work of the Singapore International Arbitration Centre (“SIAC”) is now set to be augmented by the Singapore International Commercial Court and the Singapore International Mediation Centre. These two new and soon to be launched institutions will, together with the SIAC, provide a holistic approach to the resolution of huge and complex cross-border disputes. The opportunities for our young lawyers for exposure to sophisticated, multi-party and multi-jurisdictional disputes, for working alongside and pitting skills against the best practitioners of the law in both common and civil law systems are greater now than ever before. In Singapore, the dispute resolution arena is developing at an unprecedented pace on an unprecedented scale. Fresh and increased opportunities for our lawyers for regional and international exposure exist in transactional work too. We are the leading legal and financial services centre in ASEAN, and have access through this grouping alone to a market comprising about half a billion people generating a combined economic output of US$2.4 trillion in 2014, representing the third largest collective economic bloc in Asia, behind only China and Japan. There is no reason why the practice of a local lawyer should be limited only to the geographical, political or even the commercial borders of our tiny island state. The Singapore lawyer is in great demand, both in as well as outside of ASEAN, for his technical skills, his language abilities, his diligence and his reputation for honesty and integrity. In any event, the Law Society is closely monitoring the situation and is considering various initiatives to ensure that every graduate eligible for and who needs a training contract gets a training contract. Now, the better news. There is an inherent goodness about our profession that is greater than the gloom that threatens it. It is that aspect of the calling of the advocate and solicitor that prospers us, not necessarily by bulging our wallets but by enriching our souls. Ours truly is a noble profession. It is noble not just because we play a role in Court which is unique only to Singapore Law Gazette September 2014 Continued on page 4 Contents President’s Message News Features Columns Lifestyle Lifestyle Notices Appointments The Worth of Your Practice 01 Diary and Upcoming Events Mass Call 2014 Update on Secretariat Office Renovations Legal Leadership Development Programme (“L-Leap”) Women in Law: Managing it All? Law Society–PERADI Friendly Games Legally Bound – Law Grad Night 2014 05 08 12 14 F The Moneylenders Act and International Syndicated Loans Casting the Relator Action Legal Risks in Employee Termination 22 28 32 C Tea with the Law Gazette — Interview with Dr Gopalan Raman, Chairperson of the Probate Practice Committee The Young Lawyer — Amicus Agony 36 In Practice — Legal Updates 44 Alter Ego — Just Singaporean Food — Eat Right While Pursuing Your Client's Rights – A Review of Healthy Lunch Options in the CBD 46 48 Professional Moves Information on Wills 51 53 M N I L N An Official Publication of The Law Society of Singapore The Law Society of Singapore 39 South Bridge Road, Singapore 058673 Tel: (65) 6538 2500 Fax: (65) 6533 5700 Website: http://www.lawsociety.org.sg E-mail: lawsoc@lawsoc.org.sg The Council of The Law Society of Singapore President Mr Lok Vi Ming, SC Vice Presidents Mr Thio Shen Yi, SC Mr Kelvin Wong Treasurer Mr Gregory Vijayendran Mr Lim Seng Siew, Ms Kuah Boon Theng, Ms Rachel Eng, Mr Adrian Tan, Mr Steven Lam, Ms Sunita Sonya Parhar, 42 54 A The Singapore Law Gazette The Law Society’s Mission Statement To serve our members and the communitty by sustaining a competent and independent Bar which upholds the rule of law and ensures access to justice. 18 20 Ms Lisa Sam, Mr Anand Nalachandran, Mr Lee Terk Yang, Ms Usha Ranee Chandradas, Mr Chiam Tao Koon, Mr See Chern Yang, Mr Paul Tan, Mr Josephus Tan, Ms Simran Kaur Toor, Mr Grismond Tien Editorial Board Ms Malathi Das, Mr Prakash Pillai, Mr Chua Sui Tong, Mr Gregory Vijayendran, Ms Alicia Zhuang, Mr Benjamin Teo, Mr Cameron Ford, Ms Celeste Ang, Ms Crystal Ma, Ms Debby Lim, Ms Lye Huixian, Ms Kannan Malini, Mr M Lukshumayeh, Mr Marcus Yip, Mr Rajan Chettiar, Ms Shen Xiaoyin, Ms Supreeta Suman, Mr Vincent Leow The Law Society Secretariat Chief Executive Officer Ms Tan Su-Yin Communications & Membership Interests Mr Shawn Toh Compliance Mr Kenneth Goh Conduct Ms Ambika Rajendram, Mr K Gopalan Continuing Professional Development Ms Jean Wong Finance Ms Jasmine Liew, Mr Clifford Hang Information Technology Mr Michael Ho Pro Bono Services Mr Tanguy Lim, Ms Vimala Chandrarajan, Mr K Gopalan, Ms Babara Seet Publications Ms Sharmaine Lau Representation & Law Reform Mr K Gopalan Publishing Reed Elsevier (Singapore) Pte Ltd trading as LexisNexis Associate Director, Publishing, Singapore Terence Lim Director, Sales, Singapore and OSEA Angie Ong Editor Chandranie Cover Design Mohd Khairil Johari Designer Mohd Khairil Johari Web Administrator Jessica Wang Advertising Account Manager Anthony Eng For Advertising Enquiries Tel: (65) 6349 0172 Email: anthony.eng@lexisnexis.com Printing Markono Print Media Pte Ltd LexisNexis, a division of Reed Elsevier (Singapore) Pte Ltd, is a leading provider of legal and professional information in Asia, with offices in Singapore, Malaysia, Hong Kong, India, England, Scotland, Ireland, Australia, New Zealand, Canada and South Africa. The complete range of works published by LexisNexis include law reports, legal indexes, major works, looseleaf services, textbooks, electronice products and other reference works for Asia. Singapore Law Gazette September 2014 LexisNexis 3 Killiney Road, # 08-08, Winsland House 1, Singapore 239519 Tel: (65) 6733 1380 Fax: (65) 6733 1719 http://www.lawgazette.com.sg ISSN 1019-942X The Singapore Law Gazette is the official publication of the Law Society of singapore. Copyright in all material published in journal is retained by the Law Society. no part of this journal may be reproduced or transmitted in any form or by any means, including recording and photocopying without the written permission of the copyright holder, application for which should be addressed to the law society. Written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature. the journal does not accept liability for any views, opinions, or advice given in the journal. Further, the contents of the journal do not necessarily reflect the views or opinions of the publisher, the Law Society or members of the Law Society and no liability is accepted or members of the Law Society and no liability is accepted in relation thereto. Advertisements appearing within this publication should not be taken to imply any direct support for, or sympathy with the views and aims of the publisher or the Law Society. Circulation 5,000 Subscription Fee S$228.00 (inclusive of GST) for 12 issues Good case, but concerned about costs! Why not suggest insurance AFTER THE EVENT? Insurance is available to protect your clients’ potential legal liability to pay the opponents’ litigation costs & disbursements. It is purchased after the cause of a legal dispute has arisen, and hence called After-The-Event (ATE) insurance. ATE insurance can be bought by both Plaintiffs and Defendants. Lockton arranges this insurance for commercial and civil litigants in Singapore. To find out more call us (65) 62211288 or visit www.lockton-asia.com Lockton Companies (Singapore) Pte Ltd 1 Raffles Place, #12-62 One Raffles Place, Tower 2 Singapore 048616 Tel: (65) 6221 1288 Fax: (65) 6225 0682 Company Registration No: 197601237N President’s Message 04 Continued from page 1 us or that we facilitate deals and help form companies that build the economy. It is noble by large measure because of the work that many in our midst are doing to bring justice and equity within the reach of the weakest and poorest in our community. He paused a moment and then, “You know, I cried when you said you wasn’t going to run no more.” This is commonly known as pro bono work, goodness shown in various forms which at its core is the offer of legal services without the expectation of financial or professional gain in return. Pro bono is special tonic to all. It helps train our focus on the sustaining essence of our calling: it makes us look less at self, more at others; less at gain, more at service; less at our stress, more at our satisfaction. It helps to build a sense of mission in the work that we do and fortifies resilience in the work ethos within us. It makes what we do and the heavy loads we often carry as lawyers, all worthwhile. He paused a few seconds more and then said, “Would you give me a big hug?” The story about Dale Bumpers, lawyer, senator and a former Governor of Arkansas tells us something about investing your life in a pursuit that is worthwhile. He was in office as a United States Senator for 24 years and retired from the Senate in 1998. However, just two weeks into his retirement, he was asked to make the Closing Speech in President Bill Clinton’s impeachment trial before the Senate. He made a speech in defence of the President that has been called a classic in political oratory. Some 18 months after making the speech that saved the Clinton presidency, Dale Bumpers was admitted as a member of the Bar of the District of Columbia, at the age of 75. In his memoir, The Best Lawyer in a One Lawyer Town, he recounts an encounter with a guard at the Federal Courthouse. He had just set off the sensors to the metal detectors there. “I looked up, and immediately in front of me was a black man about six feet four inches tall and perhaps sixty years old. He was staring at me with an inscrutable look. He had his scanner in hand, and I assumed he wanted me to ‘spreadeagle’ in order to be scanned. Instead he said, “Senator Bumpers?” “Yes.” “That may be the highest compliment I have ever received,” I said. I said, “I would be honoured to give you a big hug.” It was an indescribably gratifying moment that made it all worthwhile.” We may not be called upon to save presidents and indeed the work at our pro bono initiatives is far less in the glamour stakes. But there’s a certain magic that people who are involved in pro bono work can testify to. It is the gratitude of the community we help; people who will lament the day you say you are not going to run anymore, but nonetheless so grateful for the sacrifices you have made, they express it not in money terms, but in the genuine and heartfelt way of the guard at the Courthouse. You see, it was not the President’s gratitude which told Dale Bumpers of the worth of his work. It was the common man’s hug. Today, with your admission to the roll of advocates and solicitors, you are not just one out of another 429 lawyers added to the Profession. You can be a lawyer who really makes a difference to our community, someone able to recall, 20 or 30 years from now, the special moments when the person next to you in Court was looking at you, counting his blessings to have you as his lawyer and wise counsellor; grateful that you have made the practice of law your chosen profession. When that happens, you will realise that the practice of law and the sacrifices you have made, have been worthwhile. To all of you once again, my heartiest congratulations on this proud occasion of your admission to the roll of Advocates and Solicitors of the Supreme Court of Singapore. ► Lok Vi Ming, Senior Counsel President The Law Society of Singapore Singapore Law Gazette September 2014 05 News Diary and Upcoming Events Diary 12 August 2014 Small Law Firms and State Courts Committees’ Luncheon Organised by the Small Law Firms and State Courts Committees 12.30pm State Courts Bar Room 12 August 2014 Seminar on Challenging Clients, Challenged Lawyers Organised by the Continuing Professional Development Committee 3pm-5pm 55 Market Street 13 August 2014 Seminar on Insurance Fraud in Motor Accident Claims Organised by the Personal Injury/Property Damage (“PIPD”) Committee e 2.30pm-5.45pm 55 Market Street 15 August 2014 Annual Lawyer-Doctor Networking Session Co-organised by the Law Society of Singapore, Singapore Medical Association, Association of Women Doctors of Singapore, Singapore Corporate Counsel Association, Singapore Dental Association and Singapore Institute of Architects 6.30pm Infiniti Showroom, 45 Leng Kee Road 19 August 2014 Those Who Can, Write! Organised by the Publications Committee 3.30pm–6.00pm 55 Market Street 20 August 2014 Business Entities for Law Firms: Compliance, Costs and Other Considerations Organised by the Small Law Firms Committee 3.00pm-5.30pm 55 Market Street 21 August 2014 Council Luncheon with Members 12.30pm-2.30pm State Courts Bar Room 21 August 2014 Town Hall Discussion on Criminal Legal Aid Scheme Expansion 5.15pm State Courts Bar Room Singapore Law Gazette September 2014 News 06 Diary and Upcoming Events 23 August 2014 Mass Call 2014 Hosted by the Young Lawyers Committee 9am-1pm NTU Auditorium 25 August 2014 Regional Insolvency Conference 2014 Organised by the Insolvency Practice Committee 9am-6pm Supreme Court of Singapore 26 August 2014 Mandatory Ethics Programme for Newly Qualified Lawyers (3rd Run) Organised by the Continuing Professional Development Department 9.00am-10.30am Supreme Court of Singapore Upcoming Events 2-4 October 2014 3rd Annual Asia Pro-Bono Conference 2014 21 October 2014 Seminar on Trust Litigation 5 November 2014 Anti-Money Laundering Seminar 7 November 2014 Day of Conveyancing Highlights 2014 14 November 2014 Law Society Annual Dinner & Dance 20 November 2014 Annual CPD Day 2014 Council Update Mr Chiam Tao Koon has joined Council with effect from 22 August 2014 while Ms Rajvant Kaur has resigned from Council with effect from 4 July 2014. Singapore Law Gazette September 2014 News 08 Mass Call 2014 Mass Call 2014 Keep Calm and Carry on Practising A total of 430 new advocates and solicitors were called to the Bar at the Mass Call on 23 August 2014. Held for the first time at the Nanyang Auditorium at the Nanyang Technological University, this year’s Mass Call was presided over by The Honourable The Chief Justice Sundaresh Menon. President of the Law Society, Mr Lok Vi Ming, SC, also made a speech at the ceremony welcoming the newly called members of the Bar. After the ceremony, the Law Society treated the newly admitted officers of the Court and their proud family members to a sumptuous reception. The new lawyers also received a specially commissioned goodie bag made exclusively from recycled materials containing information on the Law Society and its initiatives; a copy of a special supplement of the Law Gazette, and a commemorative portable mobile phone charger. A free Photo Booth organised by the Law Society added a touch of fun and ensured that no memories from the special day were forgotten. The Law Society warmly welcomes and congratulates all newly admitted advocates and solicitors. For the full list of names of the newly admitted advocates and solicitors, please refer to the Law Society’s website (www.lawsociety. org.sg> “For Members” > “Admissions and Training Contracts” > “Admission of Advocates & Solicitors” > “23 August 2014”). ► Vikram Ranjan Ramasamy Drew & Napier LLC Member, Young Lawyers Committee ► Archana Chandrasekaran Kelvin Chia Partnership Member, Young Lawyers Committee Singapore Law Gazette September 2014 09 News Mass Call 2014 Singapore Law Gazette September 2014 News 10 Mass Call 2014 Singapore Law Gazette September 2014 11 News Mass Call 2014 Singapore Law Gazette September 2014 News 12 Secretariat Renovations Update on Secretariat Office Renovations It has been over a month since renovations at the Law Society’s headquarters at South Bridge Road commenced. Please refer to the August issue of the Law Gazette to read about why the Society embarked on the renovations and the changes that can be expected when works are completed at the end of October. The renovations are now in full swing and we are pleased to share with members a pictorial progress of the transformation. Scaffolding erected on the exterior The erstwhile Jus Curio shop removed and flooring on the ground floor stripped Reception area torn down Existing pantry wall extended Singapore Law Gazette September 2014 13 News Secretariat Renovations False ceilings installed Washroom with some of the fittings added Concealed wiring in walls and floors Mr Melvin Tan (left) of Laud Architects with Law Society President Mr Lok Vi Ming, SC during a site visit of the premises Singapore Law Gazette September 2014 News L-Leap Programme Legal Leadership Development Programme (“L-Leap”) Women in Law: Managing it All? (L to R) Mrs Stefanie Yuen Thio (TSMP Law Corporation), Asst Prof Denise Wong (Singapore Management University), Ms Rachel Eng (WongPartnership LLP), Justice Judith Prakash (Supreme Court of Singapore), Ms Kaya H. Proudian (White & Case LLP) and Ms Natalie Morris (Attorney-General’s Chambers) Jointly organised by the Singapore Academy of Law and the Centre for Cross-Border Commercial Law in Asia, Singapore Management University, supported by White & Case, the L-Leap series aims to bring together leading thinkers to discuss pressing issues facing the legal profession. It would not be an overstatement to say that the issues discussed in this second L-Leap seminar – its theme succinctly encapsulated in its title “Women in Law: Managing it All?” – are not just important for the profession in the abstract, but an ongoing, everyday struggle for many in practice. A full house attendance greeted the panelists on 17 July 2014. At hand to share their insights and experiences were highly distinguished women from different backgrounds within the legal profession, whom many of us no doubt look up to: Justice Judith Prakash from the Supreme Court, Ms Rachel Eng (Joint Managing Partner, Wong Partnership LLP), Mrs Stefanie Yuen Thio (Joint Managing Director, TSMP Law Corporation), and Ms Kaya Proudian (Office Executive Partner, Singapore, White & Case LLP). Also present on the panel to direct the discussion were Ms Natalie Morris (Attorney-General’s Chambers) and Asst Prof Denise Wong (Singapore Management University). Is the Man-Woman Distinction Still Relevant? Are we imagining the divide, and do women already “have it all”? As an overview of where women stood through history, Rachel spoke about how in 500BC, Confucius’ view was that a woman was always subordinate to a man. As a girl, Singapore Law Gazette September 2014 15 News L-Leap Programme she was to obey her father, as a wife her husband, and as a widow her eldest son. The exhortation by Mao Zedong that “women hold up half the sky”, and the encouragement of women to enter the workforce, only entered the Asian psyche in 1968. It has been only a few decades since then and the panelists’ consensus appeared to be yes – there is a distinction and it is still relevant. Justice Prakash, who practised for 18 years in Drew & Napier before joining the Bench, and raised four daughters through her career, homed in immediately on the issue of having a family. Even though we talk about equality, and even though men can (and indeed, should) be good fathers, the burden of family demands still often falls more on women. And as Justice Prakash quipped: “A man has a secretary and a wife. A woman has a secretary and no wife.” In fact, for the avoidance of doubt, “a maid does not qualify as a wife!” How to Manage Aspirations for a Family with a Successful Practice? Justice Prakash’s candid assessment was that if a woman does not want to have children, she can go as far as a man. If she wants to have children, she will have to give up some of her practice – or have fewer children. Agreeing with Justice Prakash that it is difficult to do one’s job “very well” while raising children, Rachel cited a female lawyer’s thirties as the most challenging time, when her children are young and she is a senior associate or junior partner. The good news according to Rachel is, once she makes it through that period unscathed, things look up. Part of what makes it especially difficult for a woman is the nature of the legal profession; as Kaya pointed out, the service-driven legal career track is quite linear. Unlike the jungle gym of the corporate world, where one may jump to the top by trying different things, there are no shortcuts on the legal ladder. Progress is step by painstaking step. For Kaya, she advanced to become a partner before she became a mother and wife. Now a mother to four children whom she moved to Singapore after spending time in both London and New York, she was sanguine in her approach to balancing work and family, explaining that her children know that their parents have time for them, and she and her husband simply find the time. Other mothers on the panel shared their all-too-common feelings of guilt, be it over putting children in childcare, or causing their baby to develop a habit of extra-long afternoon naps in order to be awake to play with mummy when she came home at 9pm. However, what emerged from the discussion is that at the end of the day, everybody needs to decide what is non-negotiable – and what can be traded off, as Justice Prakash alluded to. Rachel, a mother of three said it would be “wishful thinking to expect to get the best of both worlds”. As a trade-off, she moved from mergers and acquisitions work to capital markets, which was also challenging but had different time demands. Her colleagues reassured her that her kids in childcare will turn out fine, but she highlighted it is important to set OB markers. For her and her husband, one nonnegotiable matter was their children must be brought home to sleep every day. To help working mothers cope, their support system is paramount. Rachel cited her husband and in-laws’ willingness to travel to pick up the children and bring them home. Justice Prakash credited her supportive mother-inlaw – note the caveat that quarrelling with said in-law then becomes a non-option! Stefanie even roped in her secretary – she would be in the esteemed company of PepsiCo CEO Indra Nooyi in doing so, as a recent interview with Nooyi has revealed. When Stefanie’s son was in primary school, he used to call her office when he wanted to play on the computer. Armed with a list of questions, Stefanie’s secretary would check whether he had done his homework; if yes, she would turn on his computer remotely from the office and he would get 30 minutes of computer time! In spite of this delegation, and in spite of his extra-long afternoon naps, Stefanie said she is “very close” to her now-teenage son, who talks to her freely about any subject. Indeed, Stefanie advocated that we think out of the box, including what “having it all” meant to each of us. Women need to take more control of their own destinies, Stefanie opined, instead of constantly worrying about what their husbands, mothers-in-law, and bosses were thinking. She contrasted how women and men respond to say, a promotion prospect: women probably wouldn’t put their hands up unless they feel they could fulfill 80-90 per cent of the stated requirements, whereas men would raise their hands if they feel they could do 50 per cent. To some degree, it is up to women in law to put themselves forward, with the help of the right partner and support network. Supporting Women in the Workplace According to a US study, more than 50 per cent of a class of incoming associates are women, yet only 17 per cent of equity partnerships are held by women. Citing these statistics, Kaya commented that it is not just women lawyers who should be concerned by these figures as indicative of their career prospects, but law firms too. Increasingly, Singapore Law Gazette September 2014 News 16 L-Leap Programme clients expect to see diversity, women are wanted on relationship teams, and the percentage of women partners could become a recruitment issue in the future, taken into account by fresh graduates considering which firm to join. Representing the top management from two major local firms, Rachel and Stefanie shared their strategies for retaining female talent in their firms. Both make it clear that it’s not just the structures and schemes put in place but the culture which matters most at the end of the day. There is no conducive environment for mothers if having to take your kid to the clinic is only met with an impatient “Where is she?” from a senior partner. So what exactly could be done to make the law firm environment more welcoming for women? TSMP Law Corporation has put quite some thought into this. Stefanie described what she called a “Girl Power” group initiated at her firm, which convenes over white wine to talk about anything from leadership to appropriate nail polish colours. Another perk at TSMP is a one-month sabbatical offered at the end of a five year tenure with the firm. The possibility of burnout is real and recognised; TSMP wants to encourage its people to rest and come back. WongPartnership, which proudly counts over 40 per cent female partners, structures its partnership tiers to cater for those who prefer to spend more time at home, including a part equity executive partnership tier. Undoubtedly, many other firms have their own ways and means of retaining female talent. Yet others may find it timely to start considering the issue. While the rigours of private practice, particularly in a big firm, are well known, is the perception that there is better work-life balance elsewhere accurate? The panelists as well as some members of the audience, who hail from varied backgrounds, attested to this. Justice Prakash found it easier to manage her family in corporate practice, when she did not have to be in Court. While she found her rigid schedule on the Bench also makes things “simpler”, Justice Prakash observed dryly that by the time one is old enough to go to the High Court, the assumption is also that one has put child-rearing days behind them. She invited District Judge Michelle Elias in the audience to comment on the situation in the State Courts – to which DJ Elias gave the heartening response that she has not felt she had to compromise her family life. literally! – Justice Prakash often couldn’t hear women when they spoke across the table from her. (Take heed, litigators.) Stefanie cut to the chase – does a woman have to be aggressive and be a [five-letter word starting with B]? As an associate, Stefanie said, it is easy to be liked. However, “when there’s work to be divided and you’re a leader, your associates want a leader whom they can respect.” She explained that respect means a lack of histrionics, and is not a popularity contest. Rather than being aggressive, Rachel also thought that the emphasis should be on being good at one’s work and being professional. It boiled down to having confidence. On a final note, for those with children, Rachel suggested that something to remember is that mothers who continue to work can offer their children a role model to look up to – “my mother does this; my mother appears before the Court!” While the panel fully respected stay-at-home mothers, and recognised that homemaking was fulfilling as well, Stefanie shared that she did not want to give her son the guilt that she gave up her career for him. In her book Lean In, Sheryl Sandberg, COO of Facebook, described the coining of the phrase “having it all” as “perhaps the greatest trap ever set for women”. The anecdotes, insights and advice that brimmed from the panelists during this session indeed proved that the reality of women in law is complex and marked by trade-offs, far beyond what those three little words could capture. Nevertheless, the message was clear, through the panelists’ words and as personified by their achievements. Every woman can answer the question of what it means to “manage it all” for herself, and then make it happen – and employers can help in the endeavour. ► Hong Jia Associate WongPartnership LLP How Should Women Build a Workplace Persona? Asked to give practical advice for women in the workplace, the panelists each gave nuggets of wisdom. Justice Prakash advised women to be persistent, but “stop being persistent before you become annoying”. And speak up – Singapore Law Gazette September 2014 17 Professional Services Internationally recognised construction industry experts The Construction Solutions practice of FTI Consulting assists owners, contractors and construction law firms in the prevention, mitigation or resolution of complex construction disputes. Our extensive suite of services range from upfront contract advisory, project risk management and project planning to project controls development and monitoring, dispute resolution and expert witness services. We are a team of seasoned construction professionals with in-depth regional and international experience and a wealth of industry knowledge, which we draw upon to deliver the best outcome for our clients engaged in construction projects. For more information, please contact: Christopher Nunns christopher.nunns@fticonsulting.com James Taylor james.taylor@fticonsulting.com Tel: +65 6831 7820 www.fticonsulting.com CRITICAL THINKING AT THE CRITICAL TIME™ News 18 Friendly Games with Indonesia Law Society–PERADI Friendly Games We look fondly back at 13 July 2012 as an unforgettable day for the Law Society badminton team. We have in the past travelled extensively to play friendly matches with the law associations, councils and societies around the region. Our travels have taken us to Hong Kong, Bangkok, Ho Chi Minh, Shanghai and Taipei just to name a few cities. But on that day, we were in a country which had produced badminton champions such as Taufik Hidayat, Heryanto Arbi and Susi Susanti – Indonesia. We were hosted by the Central Jakarta chapter of the Perhimpunan Advokat Indonesia (or PERADI) also known as the Advocates Association of Indonesia. We may have emerged victorious in that encounter but they overwhelmed us in terms of their hospitality, the professionalism in organising a friendly, the courts and the souvenirs provided, the entertainment, the singing, the dancing, the food and the camaraderie. We left with fond memories but more importantly, great friends. We never thought the day would ever come but PERADI, led by their indomitable President, Mr James Purba, took up our invitation for a return game in Singapore on 28 June 2014. This time around, PERADI upped the ante and also brought along two soccer teams to play with our own premier soccer team. On a bright and sunny Saturday morning, 46 supporters and players came and brought the screams and cheers usually heard at Thomas Cup matches played at the cauldron, which is Senayan Stadium to our very own Toa Payoh Sports Hall. The people at the other courts stopped playing for a while because of the din the Indonesian players and supporters were creating! PERADI even brought their in-house photographer and reporter who provided live updates on its website so that the lawyers in Jakarta could tune in “live” on the action. We were also informed that their badminton players had organised several training sessions specifically for the friendly match. Our players, though seasoned and forged in the inferno of the Bench & Bar Games, were clearly rattled. It was going to be a long day in the trenches. and the Indonesian players came at us with every weapon in their arsenal. Jumping cross court smashes, backhand drop shots and in-between-the-legs-retrievals were the order of the day. Every point was played as if it decided the fate of the match. But our players remained calm and collected. If Tag Heuer needed more watch ambassadors, they need not look further than to our badminton players because they did not crack under pressure! And though the matches were close, we emerged victorious with an overall score of 5-1. Our premier soccer boys sent out two teams to face the Indonesians. We fought a victorious battle consecutively for two matches with scores of 7-1 and 8-1 respectively. Scores aside, good football was played and new friendships were forged! The soccer team is certainly happy to welcome PERADI team back to Singapore again or even make a trip up to Jakarta the next time round. The day ended with an onslaught of selfies, tagging of pictures on Facebook, gift exchanges and closing remarks from the respective badminton convenors. With old acquaintances renewed and new friendships made, we parted ways not with a goodbye but a see-you-later. Jakarta in 2016 anyone? ► Muhamad Imaduddien Badminton Convenor The Law Society of Singapore ► Lee Terk Yang Soccer Convenor The Law Society of Singapore We had our game faces on as soon as the first competitive p y at a high g tempo p shuttle was hit. All the matches were played Badminton players in action A post game celebration between the two countries Singapore Law Gazette September 2014 19 News Friendly Games with Indonesia Singapore and Indonesian badminton players The soccer team The Indonesian contingent Singapore Law Gazette September 2014 News 20 SMU Law Grad Night Legally Bound – Law Grad Night 2014 Having fun at the event photo booth The journey through law school takes four long and arduous years. For the 80 graduating students who attended SMU Law School’s Graduation Night on 23 July, this journey has finally come to a close. The night saw both faculty members and students coming together to celebrate an important milestone in our graduates’ lives – the completion of their four years of legal education. We celebrated the achievements of the graduates over a sumptuous buffet spread at the iconic Alkaff Mansion. The night marked the start of a new chapter in our graduates’ lives as they embark on a journey to build their careers and future. Although law school is but a prelude to an even longer journey they will traverse in the coming years, this journey is definitely one the graduates will hold dear to their hearts. Packed with our graduates and faculty members and graced by our school dean, Professor Yeo Tiong Min SC, the Graduation Night venue was abuzz with excitement. The night was filled with lively chatter as the graduates spent the night taking pictures with their peers and professors. After years of studying together, it was obvious that their spirit of camaraderie and the friendships they have built will continue beyond graduation. The law school is proud of our second batch of graduates. The graduates have done exceedingly well in many areas such as the prestigious Philip C. Jessup International Law Moot Court Competition. In the national round, judged by then Attorney-General Steven Chong, Justice Judith Prakash, and Davinder Singh SC, SMU prevailed in the oral rounds while Nicholas was also named Best Oralist. The team, consisting of Chua Wei Yuan, Kenny Lau, Nicholas Liu, Carren Thung, and Yeo Gek Min, fought hard against 675 teams worldwide from 85 countries to become one of the 124 schools that qualified for the international rounds in Washington DC. In the final round, our students emerged first runner-up, doing both our nation and school proud. The school is also proud of Chua Wei Yuan for emerging as the overall valedictorian of SMU. Over the course of his Singapore Law Gazette September 2014 21 News SMU Law Grad Night studies, he has clinched more than 10 awards, including the WongPartnership Prize for the Most Outstanding Law Graduate, Rajah & Tann Prize for The Top Graduating Law Student and SPH Valedictorian Award supported by Singapore Press Holdings Ltd. The prestigious SPH Valedictorian Award is given annually to the highest ranking student from the graduating cohort. More than just excelling academically, Wei Yuan also displayed outstanding leadership and oratorical skills, with significant contributions to his co-curricular activities and the community at large. Thank you, Wei Yuan, for your contributions to the school. We would like to give special mention to our main sponsors for their generosity. Fraser Hospitality Group for providing a two-weekend stay at the luxurious Capri by Fraser Studio Terrace. Royal Plaza on Scotts for providing a three-day hotel stay with a daily buffet at the award-winning Carousel. Zurich Insurance Singapore for providing a generous donation to help realise this event. The graduates are indeed grateful for the support shown by our gracious sponsors. Congratulations to the graduates for completing this journey with the law school. It is our sincerest hope that our graduates will develop a strong sense of purpose in what they choose to pursue, and continue to contribute to the community. Here at SMU School of Law, we celebrate each of our students who will lead and shape our world. As they step into a new season of their lives, the faculty members, staff and students at the School of Law wish them the best in all their future endeavours. ► Jolene Ng Daniel Ho Year 2 Undergraduates SMU School of Law Jessup Cup Team: (L to R) Kenny Lau, Wei Yuan, Gek Min, Carren, Nicholas Liu As we celebrate the graduation of SMU’s second batch of law school graduates, we would like to thank our very generous sponsors for making this event a memorable one. The event would not have been as memorable if it were not for Fraser Hospitality Group, Royal Plaza on Scotts, Zurich Insurance Singapore, Chapter 2, The Escape Artist, Food Panda, G2000, Dorsett Singapore and the Grand Copthorne Waterfront Hotel. Main sponsors: We are grateful to Zurich LIfe Insurance (S) Pte Ltd for being our event's Silver sponsor The batch of 2014 Singapore Law Gazette September 2014 Feature 22 Can the Moneylenders Act, a piece of social legislation originally intended to curtail loansharking activities, apply to international syndicated loans made to a Singapore company? Practitioners appear to be divided. The Moneylenders Act and International Syndicated Loans Introduction on how they should participate in the loan and how they may make their exit. Singapore banking lawyers are experiencing an increase in mandates to advise on loan financings where a Singapore company proposes to borrow funds from an international lending syndicate where some, or all, of the lenders may be based outside of Singapore. Such financings are typically driven by a range of pricing, tax and other structuring considerations. As part of the legal risk analysis, we are often called on to advise on any local laws which could render the loan agreement unenforceable. A key issue amongst practitioners is whether the Moneylenders Act (Cap 188, Revised Edition 2010) (the “MLA”) applies to a loan made by a financial institution outside (in the broad sense) Singapore to a company incorporated in Singapore. The outcome of the analysis can have significant commercial and structuring repercussions on potential lenders, including, for example, Under the MLA, a person is prohibited from carrying on the business of moneylending in Singapore unless he is: (i) authorised to do so by a licence; (ii) an “excluded moneylender”; or (iii) an “exempt moneylender”. A person would be an “unlicensed moneylender” under the MLA if he does not fall within any of these three categories. Pursuant to s 14(2) of the MLA, where any contract for a loan has been granted by an unlicensed moneylender, or any guarantee or security has been given for such a loan, the contract for the loan, and the guarantee or security, as the case may be, shall be unenforceable and any money paid by or on behalf of the unlicensed moneylender under the contract for the loan shall not be recoverable in any Court of law. Singapore Law Gazette September 2014 23 Feature MARKETING AD Singapore Law Gazette September 2014 Feature 24 Practitioners advising a syndicate of international lenders may be required, for various reasons, to focus their analysis on whether their clients fall within the definition of “excluded moneylender”.1 This is not a straightforward analysis – based on the literal wording of s 2 of the MLA, arguably an offshore lender making a loan to a Singapore company (hence prima facie falling within paragraph (e)(iii)(A) of the definition of “excluded moneylender”) would not be an “excluded moneylender” if it had in the past lent money to an individual in Singapore who is not an “accredited investor”. In context, this could mean that a loan made by the London branch of a British bank to a Singapore company could be unenforceable if it had, in the past, made loans to individuals in Singapore.2 This article considers the legislative intent behind the MLA and a series of recent Singapore cases analysing the MLA, and argues that the likelihood of a Singapore company successfully raising a defence under s 14(2) of the MLA is small. The Moneylenders Act – Purpose and Legislative Intent The MLA was enacted in Singapore in 1936 as the Moneylenders Ordinance (Cap 193, 1936 Ed) and was modelled upon the English Moneylenders Acts of 1900 (63 & 64 Vict, c 51) (UK) and 1927 (17 & 18 Geo. 5, c 21) (UK). In Litchfield v Dreyfus [1906] 1 KB 584, Farwell J observed that the object of the English legislation was intended “to save the foolish from the extortion of a certain class of the community who are called money-lenders as an offensive term”. These comments echo the views which the English Select Committee took into account when enacting the English Money-lenders Act 1900. The Crowther Committee’s Report on Consumer Credit (Cmnd 4596, 1971) at para 2.1.22 summarised these views as follows: … Much of the evidence given to the Committee, and to its successor appointed in 1898, was concerned with such victims of the rapacious moneylender as the widow forced to borrow on a bill of sale of her household effects, and the young son of the aristocracy who in the course of sowing his wild oats ran up large debts, at exorbitant interest, which his family [was] later blackmailed into paying to avoid the publicity of court proceedings. A review of the Singapore parliamentary records on Bills relating to the predecessors to the current MLA demonstrates a congruent legislative intent. For example, in Singapore Parliamentary Debates, Official Report (2 September 1959) vol 11 at col 593, Seow Peck Leng made the following remarks: This Bill [referring to the Moneylenders Bill] is laudable for the fact that it protects the poor from the clutches of unscrupulous moneylenders. This Bill, in my opinion, should be implemented as soon as possible to ease the hardship of those already victimised and to prevent those who, because of financial difficulties, may be victimised in the future … It is the very, very poor, Sir, who need protection most, who usually take loans of less than $100, and I think that they are the ones who should be protected … In City Hardware Pte Ltd v Kenrich Electronics Pte Ltd [2005] 1 SLR 733 (“City Hardware”) the High Court noted that the MLA has “the salutary objective of proscribing rapacious conduct by unlicensed and unprincipled moneylenders” who prey on individuals who turn to them out of financial destitution. It emphasised that the provisions of the MLA are not intended to apply to transactions made at arm’s length between commercial entities and it has never been the objective of the MLA to prohibit or impede legitimate commercial intercourse between commercial persons. The High Court further emphasised in City Hardware that the Courts should not adopt an over-extensive application of the MLA even though its provisions may be literally construed to cover most commercial situations, as that would not advance the legislative purpose of the Act. The current MLA is based substantially on its 2008 predecessor. At the Second Reading Speech for the 2008 amendments (Singapore Parliamentary Debates, Official Report (18 November 2008) vol 85 at cols 1001-1004), the policy objectives of the MLA were again acknowledged by Associate Professor Ho Peng Kee, the then Senior Minister of State for Law: Sir, the Moneylenders Act was enacted in 1959, about 50 years ago. Amendments have been few and far between, primarily focusing on enhancing the provisions that tackle unlicensed moneylender or loansharking. The Act was intended as a piece of social legislation to safeguard what we would call “small-time borrowers” from unscrupulous moneylenders. Hence, its chief concern was the charging of exorbitant interests. The lenders then were also essentially small-scale operators. Singapore Law Gazette September 2014 25 Feature In discussing the 2008 amendments to the MLA, the Court of Appeal recently made the following observations on “excluded moneylenders” in Sheagar s/o T M Veloo v Belfield International (HongKong) Ltd [2014] SGCA 24 (“Sheagar”): In our judgment, in passing the 2008 amendments, Parliament had intended to de-regulate commercial borrowing by excluding this class from the MLA in addition to those already excluded prior to 2008. This was to ensure that the flow of credit in the business domain was not stifled. Furthermore, insofar as paragraph (e) of the definition of “excluded moneylender” in s 2 of the MLA is concerned, Parliament also regarded such borrowers, that is to say, corporations, limited liability partnerships, business trusts, real estate trusts and sophisticated investors as being a less vulnerable class of borrowers that did not need the protection afforded by a piece of social legislation. This in turn justified a lower degree of regulatory oversight over the activities of lenders who lent exclusively to such borrowers. This background suggests that the MLA simply does not apply to lenders who fall within the definition of “excluded moneylender” under s 2 of the MLA and their activities therefore do not come within the regulatory ambit of the MLA at all. (emphasis mine) The Bill for the current version of the MLA was thoroughly debated in Parliament in January 2010 at the Second Reading Speech for the Moneylenders (Amendment) Bill (Singapore Parliamentary Debates, Official Report (12 January 2010) vol 86. The entire debate between several Members of Parliament appears to have focused on the implementation of enhanced measures to tackle the “loanshark scourge”, including stiffer penalties under s 14 of the MLA for unlicensed moneylending. Based on an electronic search conducted on the said parliamentary report, the word “syndicate” appeared in the search results in a total of 52 instances, being in each case contextual references to “crime syndicate” or “loanshark syndicate”; there was not one reference to “syndicated loan”. Threshold Question – Whether the Moneylenders Act Applies In Donald McArthy Trading Pte Ltd and Others v Pankaj s/o Dhirajlal (trading as TopBottom Impex) [2007] 2 SLR 321 (“Donald McArthy”), the Court of Appeal agreed with the High Court in City Hardware that “The provisions of the MLA are not intended to apply to transactions made at arm’s length between commercial entities. It has never been the objective of the MLA to prohibit or impede legitimate commercial intercourse between commercial persons” and emphasised that a Court should give effect to the legislative purpose when interpreting the MLA. Although in Donald McArthy the defence based on the MLA failed on other grounds (notably the Court of Appeal found that there was no loan of money under the agreements in question), it appears that the Court of Appeal was suggesting that the threshold question of whether the MLA was applicable to the facts should be asked before embarking on an analysis based on the wording of the MLA. This approach was applied, in a rather robust manner, by the High Court in EC Investment Holding Pte Ltd v Ridout Residence Pte Ltd and another (Orion Oil Ltd and another, interveners) [2011] 2 SLR 232 (“EC Investment”). In finding that the transaction in question was not the kind that the MLA was meant to prohibit, the High Court appears to have rejected the defence based on the MLA by using a purposive interpretation and did not explore the concept of “excluded moneylender” in detail. In EC Investment, the defendant Ridout Residence Pte. Ltd. (“Ridout”), a Singapore company, submitted that the transaction entered into between the plaintiff EC Investment Holding Pte Ltd, also a Singapore company, and itself, was caught by the prohibition on unlicensed moneylending in the MLA. At all material times, Ridout was owned and controlled by one Agus Anwar (“AA”), an individual accepted by the High Court as an “experienced businessman”. In arriving at his decision, Justice Quentin Loh made the following findings: … I have come to the conclusion…that this transaction was not the kind of transaction that the Moneylenders Act was meant to prohibit. (a) First I draw guidance from the comments of Rajah J in City Hardware which was approved by the Court of Appeal in Donald McArthy. AA is no babe in the woods, he is an experienced business entrepreneur and moreover had the benefit of advice from his lawyer and his CFO before he signed the 1st Option and the Deed of Settlement. In my judgment, these two factors kept this transaction from falling within the Moneylenders Act. It was in a commercial context of a loan with security between corporations, even though it was AA who was the directing will and mind of the 1st Defendant; it was not the kind of transactions the Moneylenders Act was Singapore Law Gazette September 2014 Feature 26 meant to catch, nor was AA the kind of person the Moneylenders Act was meant to protect. He knew the commercial risk he was taking, but he miscalculated on his ability to repay the loan … Based on the approach taken in EC Investment, it would appear that the key question that must first be asked where the MLA is raised as a defence is whether the transaction in question is the type of transaction that the MLA was mean to prohibit. What is clear from EC Investment is that the MLA does not apply in the commercial context of a loan with security between corporations, particularly where the debtor in question is commercially savvy and has had the benefit of legal advice. To the Court’s mind, these are not the type of debtors which the MLA was designed to protect. The Sheagar Test The Court of Appeal recently established in Sheagar a 4-step test to determine whether a person has breached s 14(2) of the MLA. In Sheagar, Belfield International (Hongkong) Ltd (the “Respondent”), a corporation, claimed against Sheagar s/o T M Veloo (the “Appellant”) the sum of US$358,000 with contractual interest plus costs on an indemnity basis. The claim was made pursuant to a guarantee given by the Appellant in respect of a loan extended to Blue Sea Engineering Pte Ltd by the Respondent. The Appellant raised defences based on, among others, illegality under the MLA. Specifically, the Appellant argued that the relevant loan and guarantee were unenforceable pursuant to s 14(2) of the MLA on the basis that the Respondent was an “unlicensed moneylender”. he may rely on the presumption contained in s 3 of the MLA to discharge this burden; 3. The burden then shifts to the lender to prove that he either does not carry on the business of moneylending or possesses a moneylending licence or is an “exempted moneylender”; and 4. If there is an issue as to whether the lender is an excluded moneylender, the legal burden of proving that he is not will fall on the borrower. The Court of Appeal noted that in introducing the concept of an “excluded moneylender” in 2008, the Singapore Parliament had intended to de-regulate commercial borrowing. The Court of Appeal found, as a matter of fact, that the loans in question bore the very features of commercial borrowing because such loans entered into between commercial entities for commercial purposes. In the circumstances, the Court of Appeal found that the loans fell within both the letter and spirit of paragraph (e)(iii) (A) of the definition of “excluded moneylender” and that the Appellant had not discharged his burden of proof. In the ultimate analysis, it followed that the disabling provision in s 14(2) of the MLA did not apply. While the Sheagar test clarifies the law to a certain extent, it also, however, arguably introduces an element of ambiguity – the Court of Appeal appears to be saying that if the loan is between “commercial entities for commercial purposes”, the burden of proof would fall on the borrower to show that the lender is not an excluded moneylender (ostensibly by On the facts, Chief Justice Sundaresh Menon, delivering the findings of the Court of Appeal on the issue of burden of proof, held (after a relatively lengthy and involved analysis spanning approximately 40 paragraphs) that the burden of proving that the lender is not an excluded moneylender falls on the borrower and found that the borrower/obligor (ie the Appellant) had not discharged its burden of proof. Accordingly, the appeal was dismissed. In arriving at its decision, the Court of Appeal established the following principles in relation to s 14(2) of the MLA: 1. To rely on s 14(2) of the MLA, the borrower must prove that the lender was an “unlicensed moneylender”; 2. If the borrower can establish that the lender has lent money in consideration for a higher sum being repaid, Singapore Law Gazette September 2014 27 Feature adducing evidence to prove that the lender has at some point made loans to individuals who are not accredited investors). Taken to its extreme conclusion, this could mean that a perfectly legitimate commercial transaction could be rendered unenforceable because a lender had at some point in time also lent money in unrelated transactions to individuals in Singapore who are not accredited investors. Indeed, such a result would appear to be inconsistent with the mischief which the MLA is intended to address and it is doubtful that the Singapore Courts would permit such an argument to succeed in the specific context of an international syndicated loan to a Singapore company. In City Hardware, Justice Rajah (as he then was) provided the following warning to borrowers who may intend to use s 14(2) of the MLA as a defence: The defence of moneylending is often invoked in Singapore by unmeritorious defendants who are desperate to stave off their financial woes. Such defendants should not regard the MLA as a legal panacea. It should be viewed as a scheme of social legislation designed to regulate rapacious and predatory conduct by unscrupulous unlicensed moneylenders. Its pro-consumer protection ethos was never intended to impede legitimate commercial intercourse or to sterilise the flow of money. It is not meant to curtail the legitimate financial activity of commercial entities that are capable of making considered business decisions. The court has always taken and will continue to take a pragmatic approach in assessing situations when this defence is raised. The MLA is not invariably contravened in transactions where the object of the transaction is to raise money. In the final analysis, the economic objective of an arrangement to provide credit should not be confused with its legal nature. (emphasis added) In the ultimate analysis, it is important to note that while the Court of Appeal in Sheagar had specifically referred to EC Investment in its deliberations, it did not disapprove of or overrule the “threshold test” applied by the High Court in EC Investment. This stands in contrast to the approach taken by the same Sheagar Court on other issues, notably where it expressly disapproved of the reasoning in a line of local cases discussing the burden of proving that a lender is an “excluded lender”. In an appropriate case, it thus remains open to a Singapore Court to continue to take a pragmatic approach by applying the EC Investment “threshold test” to achieve an outcome consistent with the legislative purpose of the MLA and avoid an anomalous result. “Singapore Anti-Loanshark Law Strikes Down International Syndicated Loan” – a Possible Headline for the Financial Times? The MLA is intended as a piece of social legislation to safeguard “small-time borrowers” from unscrupulous moneylenders. The Singapore Courts have held that the MLA is not meant to curtail the legitimate financial activity of commercial entities that are capable of making considered business decisions and, to this end, have taken a pragmatic approach in assessing situations when a defence under s 14(2) of the MLA is raised. In the context of an international syndicated loan where the amounts borrowed are typically in the hundreds of millions of dollars or more and where the corporate borrower typically has had the benefit of legal advice, it would appear unlikely that the Singapore Courts would allow a defence under s 14(2) of the MLA, without more, to succeed. To do otherwise would be contrary to the stated purpose of the MLA and lead to considerable damage to Singapore’s reputation as an international financial centre. ► Eugene Phua* Clifford Chance Pte Ltd E-mail: eugene.phua@cliffordchance.com * The views expressed in this article are the personal views of the author and do not represent the views of Clifford Chance Pte Ltd. Notes 1 2 Under s 2 of the MLA, “excluded moneylender” includes: “(e) any person who — (i) lends money solely to his employees as a benefit of employment; (ii) lends money solely to accredited investors within the meaning of section 4A of the Securities and Futures Act (Cap 289); (iii) lends money solely to — (A) corporations; (B) limited liability partnerships; (C) trustees or trustee-managers, as the case may be, of business trusts for the purposes of the business trusts; (D) trustees of real estate investment trusts for the purposes of the real estate investment trusts…” This assumes that the London branch does not hold a license under the MLA or the Banking Act (Cap 19), as is often the case in practice. Generally, the banking license granted under the Banking Act is branch or territory specific, so the London branch of a bank would not ordinarily be deemed to be licensed to conduct banking business in Singapore solely by reason that its Singapore branch is so licensed. Singapore Law Gazette September 2014 Feature 28 This article summarises the nature and role of the relator action in Singapore. Casting the Relator Action The relator action is rarely seen here. The last reported sighting in Singapore was in 1961.1 Over in Malaysia, the relator action has been glimpsed occasionally, enough to prevent it from sliding into myth. What is a relator action, and what role does it have for private individuals (and companies) in Singapore today? Introduction The relator action is briefly, and somewhat mysteriously, given a passing reference in O 15 r 11 of the Rules of Court, which states only that “before the name of any person is used in any action as a relator, that person must give a written authorisation so as to use his name to his solicitor and the authorisation must be filed in the Registry”. The rules do not explain who a relator is, or what a relator action is for. The answers are found instead in the forests of the common law. A relator action, we are given to understand,2 “has existed from the earliest times”, and stems from the traditional view of the Attorney-General as the guardian of public rights. Since it was the exclusive right of the AttorneyGeneral to protect the public interest, he was the proper plaintiff to assert a public right.3 Hence an individual who wanted to assert a public (as opposed to a private) right would have to apply to the Attorney-General for his authority to commence an action in the latter’s name. The individual would be the “relator” and the Attorney-General would sue on the relation of that individual. The relator would pay the Attorney-General’s costs. If the Attorney-General takes the view that a relator action would not be in the public interest, he can refuse his consent. His decision is generally not reviewable by the Courts.4 This is because, although views may differ on where the balance of public interest lies, the Attorney-General is ideally placed to consider and decide what the public interest ultimately needs.5 But the Attorney-General’s refusal of consent does not necessarily bar the individual access to the Courts if that individual would, in his own right, be able to invoke the Court’s jurisdiction.6 Singapore Law Gazette September 2014 29 Feature The precise role of the Attorney-General in a relator action in Singapore is not defined. In England, it was said:7 But the Attorney-General’s role has never been fictional. His position in relator actions is the same as it is in actions brought without a relator (with the sole exception that the relator is liable for costs) … He is entitled to see and approve the statement of claim and any amendment in the pleadings, he is entitled to be consulted on discovery, the suit cannot be compromised without his approval; if the relator dies, the suit does not abate. Before the natural habitats of the relator action are explored, it will first be useful to explain the link between relator actions and the rules of standing (or locus standi). Relator Actions and Locus Standi The doctrine of locus standi is closely linked to that of relator actions. Relator actions essentially allow an individual with the fiat of the Attorney-General to enforce a public right. But if the individual has the locus standi to enforce that public right in his own name, he no longer needs to start a relator action. Hence a liberalisation of the rules of locus standi would be expected to correspond with a marginalisation of the relator action.8 A private individual has standing to invoke the Courts’ jurisdiction where he either seeks to enforce a private right, or where he has suffered special injury arising from the breach of a public right.9 In Malaysia, applicants who allege a violation of a non-Constitutional law have to either satisfy the standing requirements or start a relator action.10 But where there is a bona fide complaint by a concerned citizen that there has been a violation of the Constitution by the Government or its agent, the principles of locus standi do not apply (and hence the role of the relator action is reduced).11 Singapore is slightly different. Locus standi requirements apply whether or not a Constitutional violation by a public body has been alleged.12 But to ensure the rule of law, the Court of Appeal has allowed for the exceptional case where there has been a manifest and egregious breach of the law by a public body. In such cases, the Court has the discretion to grant standing to an applicant who would otherwise be lacking: “As the guardian of the rule of law, it would be unthinkable that citizens would have no recourse for bringing claims against unlawful conduct by public bodies where there has been an obvious and flagrant disregard for the law”.13 Relator Action Against Public Bodies In theory, a private party may take out a relator action against public bodies. For example, in Government of Malaysia v Lim Kit Siang [1988] 2 MLJ 12, the applicant started a non-relator action to restrain the Malaysian Government from awarding the North-South Highway project to United Engineers Malaysia, on the alleged ground of corruption. A majority of the Malaysian Supreme Court found that the applicant lacked standing to represent the public interest and said that a relator action would have been the more appropriate course.14 But as a matter of practice, since the consent of the AttorneyGeneral is required, a relator action against public bodies is not always feasible. As Abdoolcader SCJ, dissenting, pointed out in Lim Kit Siang:15 The contention of the [Government] is that in matters such as that before us it is only the Attorney-General himself moving suo moto16 or by the grant of a fiat for a relator action who has the right to challenge and can take action and no other. I would think it would be too much to expect process of this nature involving the ventilation of a public grievance to proceed only through this channel, given even the fortitude the incumbent of the office would presumably be endowed with, in view of the rebound where the complaint is against the Government itself and the Attorney-General is its legal adviser, as it would surely be expected that if the complaint merited action by the Attorney-General or by his fiat to a relator, he would himself in the first instance have had the cause of complaint aborted before its overt manifestation. For the Attorney-General to have to proceed himself or by relation in such a case would only be a deplorable and intolerable reflection as in the normal course of events such a situation would and should never be allowed to arise, and so the question of a relator action must necessarily remain attractive as a theoretical possibility with no conceivable hope generally for practicable purposes of advancing to concrete action beyond that. The observations of Abdoolcader SCJ are particularly pertinent in Singapore since “the Ministries, statutory boards and public authorities have a practice of seeking the advice of the Attorney-General on the legality of their actions before implementing policies, making decisions or taking actions which may affect private rights. They act only when the green light is given”.17 Further, if the Attorney-General has rendered advice on a particular course of action, he would be effectively conflicted from giving his consent to a relator action that seeks to impugn that very action.18 Singapore Law Gazette September 2014 Feature 30 Hence, an individual who seeks to enforce a public right against a public body has in practice two realistic options. The first is to satisfy the rules of standing by showing that he has suffered a special injury. The second exceptional option is to show that there has been such an obvious and flagrant disregard of the law that it would be in the public interest for the Courts to hear the case: Jeyaretnam Kenneth Andrew v Attorney-General [2014] 1 SLR 345.19 The relator action in this field is likely to remain rare and forgotten. Relator Action Against Private Parties A relator action can also be found where an individual seeks to enforce a public right in civil proceedings against another private party.20 A short survey will illustrate the breadth of cases in which a relator action may be taken out against a private party. An old example is where a member of the public seeks to restrain the misapplication of a charitable trust.21 For example, in Re Valibhoy, Deceased, a friend of the testator brought a relator action to enforce the charitable trusts of the will. As the friend of the testator was neither a beneficiary nor a trustee of the charitable trust, he had no private rights, and hence had to invoke the Attorney-General’s authority to enforce the public rights arising out of the charitable trust. In modern times, a relator action can be used in cases where civil remedies are sought to restrain the commission of a criminal or regulatory offence: for instance, where the penalties imposed for the offence is a wholly inadequate deterrence.22 A famous English example is AttorneyGeneral v Chaudry [1971] 1 WLR 1614, a relator action, where an injunction was granted to restrain the defendant from using the building as a hotel without first obtaining a fire safety licence. Similarly, in Attorney-General v Wan Kam Fo [1967] 2 MLJ 72, a relator action was used to restrain the breach of local by-laws. The defendant carried on a restaurant business without a licence from the Commissioner (the Pesurohjaya). A relator action was commenced for an injunction against the defendant from carrying out its business. South Johore Omnibus Sdb Bhd v Damai Ekspres [1983] 1 MLJ 101 is a case where a private company should have tried a relator action instead of suing in its own name. The defendant was a bus company operating an express bus service between Johore Bahru and Air Hitam. The licence granted to the defendant by the licensing board restricted the defendant to making only two trips per day on that route, which was ignored by the defendant. The plaintiff appears to have been a competitor plying the same route and applied for an injunction to restrict the defendant to only two trips per day. One problem the plaintiff faced was that it could not prove that the defendant’s breach of the licence had caused it special injury – the plaintiff was unable to prove a consequent loss of income. In the circumstances, the plaintiff had no standing and the Malaysian High Court remarked that it should have commenced a relator action instead. Another interesting example is Dewan Pemuda Masjid Malaysia v SIS Forum (Malaysia) [2012] 1 MLJ 126. The applicant in that case had been set up to uphold the religion of Islam. It objected to the respondent’s description of itself as “Sisters in Islam” and applied for an injunction to prohibit the respondent from using that description. The Malaysian High Court held that the crux of the applicant’s complaint was an alleged contravention of the Companies Act 1965. The Companies Commission Malaysia was statutorily empowered to enforce the provisions of the Companies Act, and hence was the proper authority to do so. In the present case, the applicant was complaining about a breach of a public right. Hence it either had to commence a relator action (with the Attorney-General’s approval) or show that it had suffered special injury. Neither was done so the application was dismissed. These cases suggest that a relator action against a private party may be considered whenever: (i) the plaintiff seeks to enforce a public right; and (ii) the plaintiff would have difficulty showing that he has standing, ie that he has suffered “special injury”. Seeking the Attorney-General’s fiat for a relator action might be worth exploring if the alternative is that the case is dismissed for a lack of standing.23 And even if the Attorney-General does not give his consent, the plaintiff is in no worse position than before.24 Conclusion It is difficult to cast the role of the relator action in Singapore. In the field of judicial review against public bodies, the relator action is probably near extinction. But in the pockets of law where public rights nudge private concerns, there are still spaces for the relator action to survive. Here, it may be too early to consign the relator action to the dust heap of history. ► Tham Lijing* Tan Rajah and Cheah E-mail: thamlijing@trc.com.sg * BA (Oxon), BCL Singapore Law Gazette September 2014 31 Feature Notes 12 Tan Eng Hong v Attorney-General [2012] 4 SLR 476 at [78]-[84]. 1 Re Valibhoy, Deceased [1961] MLJ 187. 13 Jeyaretnam Kenneth Andrew v Attorney-General [2014] 1 SLR 345 at [60]-[61]. 2 Lord Wilberforce in Gouriet v Union of Post Office Workers [1978] AC 435, 477. 14 At 20, 21, 27. 3 Ibid, p 481. 15 At 45. 4 Although see by analogy the Courts’ approach to reviewing prosecutorial discretion: Ramalingam Ravinthran v Attorney-General [2012] 2 SLR 49. 16 Ie, on its own motion. 17 Chan Sek Keong, “Judicial Review – From Angst to Empathy” (2010) 22 SAcLJ 469 at [15]. 5 Gouriet, p 495. 6 Gouriet, pp 494-495. 18 Also see ss 3 and 4 of the Attorney-General (Additional Functions) Bill. 7 Ibid, p 478. 19 At [60]-[61] of the judgment. 8 An example is in England, which has adopted more liberal (ie relaxed) standing requirements. See Government of Malaysia v Lim Kit Siang [1988] 2 MLJ 12 where Salleh Abas LP said (at 22): “However, with the introduction of the new procedure, not only locus standi ceased to become a threshold requirement, its meaning also becomes liberated by the use of the words ‘sufficient interest’ and consequently relator action ceases to have much meaning”. 20 For criminal proceedings, there is the option of a private prosecution. 21 Jeyaretnam Kenneth Andrew v Attorney-General [2014] 1 SLR 345 at [35]. 22 Eg Attorney-General v Sharp [1931] 1 Ch 121; Attorney-General v Premier Line Ltd. [1932] 1 Ch 303. 23 However, the precise roles of the Attorney-General and the plaintiff’s lawyers in a relator action are unclear. 24 Apart from some time wasted. The procedure for applying for a relator action is found at Singapore Civil Procedure 2013, para 15/11/4. 9 Jeyaretnam Kenneth Andrew v Attorney-General [2014] 1 SLR 345 at [64]. 10 Government of Malaysia v Lim Kit Siang [1988] 2 MLJ 12 (majority), see below. 11 Manoharan a/l Malayam v Dato’ Seri Mohd Najib [2013] 5 MLJ 186 (Court of Appeal); Robert Linggi v Government of Malaysia [2011] 2 MLJ 741 (High Court). Invitation for Contribution of Articles The Singapore Law Gazette (“SLG¹HUVMÄJPHSW\ISPJH[PVUVM[OL3H^:VJPL[`HPTZ [V IL HU LK\JH[PVUHS YLZV\YJL MVY IV[O WYHJ[PZPUN SH^`LYZ HUK PUOV\ZL JV\UZLS H MVY\T MVY KLIH[L HUK H \ZLM\S YLMLYLUJL VM OPNO X\HSP[` JVTTPZZPVULK HY[PJSLZ JV]LYPUNHSSSLNHSZWLJPHS[PLZ 4LTILYZ VM [OL 3H^ :VJPL[` UVUWYHJ[PZPUN SLNHS WYVMLZZPVUHSZ HUK WYVMLZZPVUHSZ PU YLSH[LK ÄLSKZ HYL ^LSJVTL [V Z\ITP[ ^LSSYLZLHYJOLK THU\ZJYPW[Z [OH[ HYL VM LK\JH[PVUHSTLYP[HUKSPRLS`[VILVMPU[LYLZ[[VH^PKLYHUNPUNSLNHSH\KPLUJL :\ITPZZPVUZ HYL ^LSJVTL [OYV\NOV\[ [OL `LHY (SS Z\ITPZZPVUZ ZOV\SK IL \UW\ISPZOLK ^VYRZ IL[^LLU [V ^VYKZ HUK HYL Z\IQLJ[ [V [OL 3H^ :VJPL[`»ZYL]PL^ ;OL:3.PZ[OLWYLTPLYSLNHSQV\YUHSMVYHSSSH^`LYZHUKV[OLYYLSH[LKWYVMLZZPVUHSZ WYHJ[PZPUN PU :PUNHWVYL 6\Y HY[PJSLZ HYL YLHK I` YLHKLYZ PUJS\KPUN WYHJ[P[PVULYZ[OLQ\KPJPHY`[OLSLNHSZLY]PJL[OLHJHKLTPHSPIYHYPLZV]LYZLHZIHY HZZVJPH[PVUZHUKHZPNUPÄJHU[U\TILYVMPUOV\ZLJV\UZLSPU:PUNHWVYL We look forward to hearing from you! Singapore Law Gazette September 2014 Please e-mail all enquiries, suggestions and submissions to Chandranie at chandranie@lexisnexis.com Feature 32 Termination of employees is gradually becoming an issue of challenge in the atwill employment jurisdiction of Singapore. Although notice can generally be given to terminate an employment, some employees whose employment have been terminated do nevertheless challenge the validity of the termination alleging constructive or unfair dismissal instead. This also occurs where the employee has resigned from his role. Whilst the position at law is seemingly clear, with the recent Court decision in Wee Kim San Lawrence Bernard v Robinson & Co (Singapore) Pte Ltd [2014] shedding some light, this article provides that caution is nevertheless necessary. Legal Risks in Employee Termination Introduction Singapore is an at-will employment jurisdiction, and as a general rule, employers can terminate the employment of their respective employees provided the manner of termination complies with the provisions of the employment agreement and where applicable, the Employment Act (Cap 91) (“EA”). Further, under Singapore Law, there is no legal obligation on the employer to provide the employee with reasons for the termination. Notwithstanding this, in recent times, there has been an increase in the number of employees challenging the termination of their employment, whether by way of a legal action, or complaints filed with either the Ministry of Manpower (“MOM”) or the Tripartite Alliance for Fair and Progressive Employment Practices (“TAFEP”). One recent example of an employee bringing an action against his employer and alleging that his termination is a case of wrongful dismissal is the case of Wee Kim San Lawrence Bernard v Robinson & Co (Singapore) Pte Ltd [2014] SGCA 43 (“Wee Kim San”). In this case, the employee alleged that “he has been forced to resign as a result of persecution and unreasonable bias that had been directed towards him by the Company or its officers” by reason of his sexuality, and sought damages from the Company. This was an appeal from an earlier decision by the High Court in Kim San Lawrence Bernard v Robinson & Co (Singapore) Pte Ltd [2013] SGHC 279, which held that “the bare fact of termination cannot be a ground to claim damages other than what he would have been entitled to under the employment contract for a lawful termination, even if he was constructively dismissed”. This finding by the High Court was affirmed by the Court of Appeal. While this case did not deal with the issue of whether the employee had been wrongfully terminated, it suggests that the current position adopted by the Courts in Singapore may be that even if the employee had been wrongfully terminated, he/ she is only entitled to payments due under his/her terms of employment should the termination be carried out lawfully. This would mean that the employer will not be required to pay additional damages to the employee even if the Courts had found that this is a case of wrongful termination. While this decision by the Court of Appeal makes clear the above position, it still raises a number of issues that companies should be aware of, particularly when exercising its right to terminate the employment of their employees. Constructive Dismissal In Wee Kim San, the appellant had argued that he was entitled to additional damages as he was constructively dismissed by the company. In summary, the appellant had Singapore Law Gazette September 2014 33 Feature argued that he was forced to resign from the company as the company was persecuting him simply because he was a homosexual. However, given that this was an appeal against the decision by the High Court to strike out the claim of constructive dismissal on the ground that the claim was legally unsustainable, the Court of Appeal did not discuss at length the concept of constructive dismissal in Singapore. Nevertheless, the Courts recognised that the concept of constructive dismissal remains a cause of action available to employees in Singapore. In brief, constructive dismissal “refers to a situation where the employer’s repudiatory breach entitles the employee to treat himself as discharged from the employment contract; although it is the employee who terminates the contract, he is considered as having been ‘constructively dismissed’ by the employer”. In the case of Cheah Peng Hock v Luzhou Bio-Chem Technology Limited [2013] SGHC 32 (“Cheah Peng Hock”), the High Court held that the following elements must be made out before an action in constructive dismissal can be founded: 1. The employer must have committed a repudiatory breach of the employment agreement. This can be by way of a single action or through a series of acts or omissions. 2. The employee must have accepted the repudiatory breach. 3. The repudiatory breach must have caused the employee to leave his/her employment. Assuming the above elements are made out, the Courts will then turn to look at the measure of damages due to the employee as a result of the repudiatory breach by the employer. On damages, following the decision of the Court of Appeal in Wee Kim San, it appears that if the employee had already been paid all amounts due to him/her under the contract of employment, no additional sums would be ordered. This may likely be the case even if the above elements are clearly made out on the facts of the particular case. consultations, his responsibilities as CEO were removed from him and the decisions he had made as CEO were unilaterally reversed by the company. The High Court held that the above acts of the company went to the very essence of the employment contract and such acts of repudiation had been accepted by the employee when he resigned from his position. Consequently, the High Court ordered the company to pay to the employee his salary for the remaining term of the employee’s employment contract, which was a fixed term agreement. This position taken by the High Court is similar to the position taken by the Court of Appeal in Wee Kim San, in that in the event of a finding of wrongful termination, the employee will only be entitled to sums due to the employee under the terms of the employment agreement, and no additional compensation is payable. While there was no ruling on constructive dismissal by the Court of Appeal in Wee Kim San, it is clear that constructive dismissal remains a cause of action available to disgruntled employees under Singapore Law, and one that companies must continue to bear in mind during the continuance of the employment relationship, and in its subsequent termination thereof. As a general rule, while the employees remain under the control of their respective employers, companies must exercise caution when deciding to unilaterally vary the employee’s conditions of employment, particularly where the variation results in a deterioration of the employee’s terms of employment. Nevertheless, and as a source of comfort for employers, it appears from the above cases that even if the Court finds that the employee had been wrongfully terminated, the Court will only order that the employer pays to the employee sums due to the employee under the relevant terms of employment, or in the absence of which, a reasonable sum which represents the amount due to the employee under his/her employment contract should the termination be a lawful one. It would only be in the very rare instance that a Court would order beyond this, and claims for the likes of distress will be difficult to succeed. Duty of Mutual Trust and Confidence Further, the High Court in Cheah Peng Hock affirmed that it is the employee who bears the burden of establishing that the breach went to the root of the contract, and that the test for constructive dismissal is an objective one. In Wee Kim San, the appellant had argued, in the alternative, both in the High Court and in the Court of Appeal that the Company had breached the implied term of mutual trust and confidence in his contract of employment. Consequently, the Court should order the Company to pay additional damages, given that this breach by the Company was separate and distinct. In Cheah Peng Hock, the plaintiff had alleged that he had been constructively dismissed by the Company as he had, inter alia, been excluded from board meetings and By way of background, this implied term was recognised as a part of Singapore law in the High Court case of Chan Miu Yin v Philip Morris Singapore Pte Ltd [2011] SGHC 161, and Singapore Law Gazette September 2014 Feature 34 affirmed in Cheah Peng Hock. In Cheah Peng Hock, the High Court had listed the following as situations when the duty of mutual trust and confidence is applicable: 1. A duty not to act in a corrupt manner which would clearly undermine the employee’s future job prospects; 2. A duty not to unilaterally and unreasonably vary terms; 3. A duty to redress complaints of discrimination or provide a grievance procedure; 4. A duty not to suspend an employee for disciplinary purposes without proper and reasonable cause; 5. A duty to enquire into complaints of sexual harassment; 6. A duty to behave with civility and respect; 7. A duty not to reprimand without merit in humiliating circumstances; and a duty of good faith, but includes a narrower duty of fidelity, which entails that the employer must act honestly and faithfully. This means that the “employer shall not, without reasonable and proper cause, conduct itself in a manner calculated and likely to destroy or seriously damage relationship of mutual trust and confidence between the employer and employee”. Further, this duty of fidelity can be limited or excluded by express terms in the employment agreement. Hence, it is important that companies review their existing employment agreements to ensure that this implied term of mutual trust and confidence is sufficiently limited in scope. While the alternative argument by the Appellant in Wee Kim San failed, and the Court of Appeal did not award any additional damages to the employee, this duty is one that companies should be fully aware of, whether during the maintenance of the employment relationship or in its subsequent termination thereof. This is primarily because, unlike in the case of wrongful termination, a breach of this implied duty may potentially result in the company having to pay additional damages to the employee. 8. A duty not to behave in a wholly unacceptable way. On this, the Court of Appeal in Wee Kim San recognised that a breach of this implied term could “give rise to an altogether separate category of injury or loss such as emotional distress or impairment of future of employment prospects”. However, where wrongful dismissal is the only consequence of the breach of this implied duty, the employee will only be entitled to “premature termination losses flowing from the employer’s failure to give proper notice or pay salary in lieu of notice”. Essentially, the employee will only be entitled to additional damages if the premature termination of the employment contract is not the only consequence of a breach of this implied term, which was the case in Wee Kim San. As a separate but related point, while not expressing a final view on the subject, the Court of Appeal asked that caution be exercised in relation to English authority which held that claims for damages based on a breach of this implied duty can only be brought if the cause of action accrued before and existed independently of the cause of action for wrongful dismissal. This is because, unlike Singapore, there is an English statutory scheme for compensation in the event of a wrongful dismissal, and the House of Lords in Johnson v Unisys Ltd [2003] 1 AC 518 held that allowing an employee to claim for damages arising from the manner of his dismissal was inconsistent with this statutory scheme. The High Court in Cheah Peng Hock also stated that the implied duty of mutual trust and confidence does not include Singapore Law Gazette September 2014 35 Feature Discrimination Conclusion Apart from the above points, one allegation raised by the appellant in Wee Kim San was that his employment was terminated because he was a homosexual. While the appellant failed to provide sufficient evidence to substantiate this allegation, his allegation was essentially that the company had unfairly discriminated against him by reason of his sexuality. While Singapore is an at-will employment jurisdiction, the trend is that companies terminating their employees are now subject to greater scrutiny, whether from the MOM, the Courts or the employee. Given this, companies must ensure that they are able to objectively justify the termination of an employee, and that such justifications must be able to withstand the scrutiny. While companies are not obliged to inform employees of these justifications at the point of termination, they will ultimately aid the company in defending any claim brought by the employee or in responding to queries from the MOM. While the claim of discrimination against the company was not established in this case, it is important for employers to note that following the introduction of the Fair Consideration Framework (“FCF”) by the MOM in September 2013, businesses which have in place discriminatory human resource practices, whether relating to recruitment or termination practices, will be subjected to additional scrutiny from the MOM. In addition, the MOM may ask companies to provide to the MOM information on the company’s recruitment, progression and termination processes, which tend to be highly confidential and sensitive in nature. While there is no statutory obligation on companies to provide the above information, companies which remain unresponsive may have their work pass privileges curtailed for a period of time, which can be highly disruptive to a company’s operations. Further, even if a company chooses to respond to a request for information by the MOM, precious management time would be wasted. As an overarching principle under the FCF, companies are required to put in place fair employment, hiring and staff development practices that are open, merit-based and nondiscriminatory. Specifically on hiring, companies posting job advertisements must ensure that their respective selection criteria is stated clearly in the job advertisements and words or phrases indicating preferences for candidates of a certain age, race, language capability, gender, marital status and religion are strictly prohibited. On this, it is important that any attributes required by the company is objectively justified based on the requirements of the relevant position. This enables the company to effectively defend its position should a query arise. Finally, in relation to dismissals, it is important that companies maintain records of employee’s performance and conduct, and ensure that such records are true and accurate. Essentially, the company’s decision to terminate an employee must be able to withstand scrutiny in the face of a challenge on discrimination or such other grounds that a disgruntled employee may potentially raise. Where the company is unable to successfully defend an action of wrongful termination brought by the employee, case law has suggested that the Courts will only order that the company pay to the employee all sums due to the employee under the terms of the employment agreement should the company terminate the employment lawfully. This means that unless that employee is able to establish that the company had acted in breach of its duties, and such breach resulted in a consequence other than wrongful dismissal, the Courts are unlikely to award any additional damages to the employee. Finally, under the FCF, a company who has been found to have engaged in discriminatory HR practices may be required by the MOM to provide an undertaking or have their work pass privileges curtailed for a period of time, which may potentially be far more damaging than the mere payment of contractual damages. ► Kala Anandarajah Partner Rajah & Tann Singapore LLP E-mail: kala.anandarajah@rajahtann.com ► Marcus Teo Associate Rajah & Tann Singapore LLP E-mail: marcus.teo@rajahtann.com Singapore Law Gazette September 2014 36 Columns Tea with the Law Gazette Interview with Dr Gopalan Raman, Chairperson of the Probate Practice Committee e-litigation digital systems were introduced, probate work became complex. When these new-fangled systems came on board I used to think about the old American saying, “If it ain’t broken, don’t mend it”. But the forces that determine procedure and Court work had their own thoughts. The new systems were introduced to facilitate and smoothen procedure. Ironically, the effect has just been the opposite with more paper being churned out and more niggling notations being made. I say this with the greatest respect to the Probate Registries of both the Courts because the Judges and the Registrars who deal with probate matters are a competent and likeable lot. They oblige if we run into any problems. I have had many complaints addressed to me by practitioners alleging this that or the other and putting the blame on the Registry staff. My advice to them is to go and see the Duty Registrar or the particular Judge or Registrar who is dealing with the matter. In my experience they have been receptive and helpful. 1. As a practitioner with decades of experience in the area of Probate practice, do you find your practice in this area of law personally fulfilling? I find probate practice fulfilling. There is a human element as we deal with testators who have passed on trying to decipher what they meant in their Wills, next-of-kin and beneficiaries challenging each other and a revelation on what motivates certain people. Greed, vindictiveness in challenging what is not challengeable and a callous indifference to the feelings of beneficiaries inter se constitute the regular fare in probate work. 2. How has Probate practice evolved over the years? Probate practice has evolved beyond recognition compared to what used to be the procedure in my early days of practice. Forty-five years ago when I started practice, what had to be done to obtain a grant is to file a petition, accompanied by a Will and an Estate Duty Affidavit to be filed with the Commissioner of Estate Duties. All these were filed manually. There was no OS, no Statement, no Checklist and no Schedule of Assets. When e-filing and subsequently The Law Society has set up a Probate Committee and it has been functioning over the last three years. We have had regular meetings with both the High Court and the State Courts probate Judges and we have had guidance from them. They were kind enough to hold regular dialogue sessions where members who practice probate work can attend and learn first hand of the difficulties. The digital age is with us so there is no turning back. Even though it is not broken the system has been mended. 3. Do you have any advice for young practitioners considering practice in this area? The advice I would give is that if a person died testate, please read his Will thoroughly. Understand the terms of the Will so that proper advice can be given to the executors and trustees. In drafting Wills, please pay attention to the formal requirements, that is, the need to appoint an executor and trustee and if possible, also a substitute executor and trustee in the event the first named executor and trustee are not able to prove the Will or pass away. In this regard, it is essential that we read s 6 of the Wills Act as thoroughly as possible. Singapore Law Gazette September 2014 37 Columns Tea with the Law Gazette One or two features that a Will should contain are important. Many Wills go without a residuary clause. It is imperative that there should always be a residuary clause. Also provide for an alternative if a beneficiary predeceases the testator. If a house is to be gifted, ask the testator who is to benefit the contents of the house, eg the furniture, the objets de art etc. 177A). In fact, the Act is based on the major decisions in the cases of George Abraham Vadakathu vs Jacob George (2009) 3 SLR (R) pg 631 and Chee Mu Lin Muriel vs Chee Ka Lin Caroline (2010) SGCA pg 27. Sections 4 and 5 of the Mental Capacity Act are a consolidation of the ratios in both these major decisions. Interview the potential testator and if he is minded to distribute his assets, ask him whether his entire assets are to be aggregated and percentages given or whether he is distributing in species some of his assets leaving the residue distributed to named persons in shares which he has to provide. Failure to do this will result in the residue being administered as an intestacy departing from the intentions of the testator. Another change in the law is on the inheritance of CPF money where no nomination has been made. In the case of non-Muslims the law has not changed and the law states that it shall be distributed according to the law on intestacy. As for the Muslims, there is a change. It used to be distribution just like distribution for non-Muslims. Now, if there is no nomination, the money in the CPF belonging to a Muslim, will have to be distributed according to Islamic law. If one is dealing with foreign Wills, ensure that provisions of s 5 of the Wills Act are complied with. Obtain an affidavit on the foreign law if any doubt arises as to the applicability of foreign law. For instance, in France, a person can make a Will when he is 16. In China a Will can be audio-taped though two witnesses would be needed to prove what the testator said. Another amendment is to the Civil Law Act which now provides in s 27 for a person who can claim CPF funds on moral or equitable grounds where there has been no nomination made by a member and where the seven classes of beneficiaries are not in existence. (Section 27 (1)(b) of the Civil Law Act (Cap 43) and Civil Law (Bona Vacantia Laws) Order 2013 clause 2(a). A practitioner will also have to verify the instructions given by the personal representative particularly in intestate cases. Please ensure that the list of assets is comprehensive and all the beneficiaries have been ascertained. If the beneficiaries in question are resident outside Singapore, it is essential that they be informed of the procedures. If their addresses are not available, one has to deal with notifying them through newspapers circulating in the country where they are resident. The High Court Registry has now allowed just plain certified true copies of a death certificate to be filed instead of obtaining an extract from the Registry of Deaths. These changes are a welcome step. Very often some practitioners make a mistake of requiring all siblings to sign Renunciations where one of the siblings is applying. They don’t seem to recall the provisions of O 71 r 22 where members of a class need not obtain the Consent or Renunciation of the other members of the same class. The Registrar may sometimes insist on a Renunciation being obtained if he suspects that there might be a subsequent challenge to the applicant for the grant. The Registrar will explain why he would need such a Renunciation or Consent and it is advisable to accept his guidance. 4. Could you highlight some recent developments in this area of the law and what trend you see emerging for practitioners in this area? There have been some significant changes in the law relating to probate practice. One significant statement on the law relating to persons who are not mentally competent to make a Will had been provided for in the Mental Capacity Act (Cap 5. With the increase in the number of individuals investing personal wealth across different jurisdictions, what issues arise for practitioners in the drafting of wills and in the administration of the deceased’s estates? The world is today becoming a borderless world. Gone are the days of tariff walls and quotas. The World Trade Organisation has ensured that there will be a free flow of goods and services. Therefore, today in our midst we have people from different countries who carry with them their personal law. Most of the foreigners who come to Singapore retain their domicil of origin. Some of course become Singapore citizens and whether they acquire a domicil of choice or they retain their domicil of origin is to be determined. When a person carries his domicil of origin wherever he goes, his personal affairs must be determined by the law of his domicil. If such a person makes a Will, it should comply with the law of his domicil in a general sense. But fortunately, the Hague Convention of 1961 and the Washington Convention on Succession of 1988 have facilitated the recognition of Singapore Law Gazette September 2014 38 Columns Tea with the Law Gazette Wills of other countries. Our own s 5 is a result of such international conventions. Section 5 was introduced in 1992. It provides for recognition of Wills made outside Singapore as long as the Will complies with the law of domicil or the place in which the Will was executed or again is where the testator was resident at the time of the execution of the Will. In dealing with such persons with a foreign domicil, one has to understand the law of the country of domicil as well. This is easily ascertainable because we have the internet access at the touch of a button in our computer. There are also different tax regimes in different countries for taxes arising upon the death of a person whether it is succession tax, capital transfer tax or inheritance tax. If one is not familiar with these laws and implications, it would be advisable to seek the advice of solicitors who may be more knowledgeable in this field. 6. In cases of succession disputes concerning wealthy business families where the succession of family wealth and business profits are closely associated, what are the critical challenges that a Probate practitioner will typically encounter? Succession disputes between members of wealthy families seem to be a recurring theme. Typical examples are where a patriarch has joint accounts which are held both for meeting business expenses as well as personal expenses. Sometimes some accounts are not demarcated whether they are for the business or for the personal expenses of the major account holder. When the patriarch dies, his shares have to be valued. In valuing such shares would the money in the bank held in the name of the patriarch as well as one of his sons be considered as company’s account or would it be the personal account of the patriarch? Can the surviving scion of the family claim that the father had bequeathed his account to him as a gift? Is there a presumption of advancement? One has to be careful when dealing with Wills which have to be secret. There are persons who would not want the provision they are making in another country for certain beneficiaries because it may embarrass them or embarrass other persons who are beneficiaries in the country where he is residing. Spend good time with potential testators so that one understands what he has in mind and what his wishes are. Basic to all this is familiarity with the law of domicil, the incidence of tax in the jurisdictions in question and whether there is a statutory requirement that certain nextof-kin, particularly children or spouse, ought to be given a fixed amount in the estate. An interesting illustration of a knowledge of foreign law dealing with Wills and domicil is found in the unreported case of Meyammai Achi vs Valliammai (OS No 659 of 1992, 8th July 1995). In this case, an Indian national died in Singapore intestate. Under the Indian Law of Succession, his mother would be entitled to one third of the son’s movable assets. It so happened that the son had contracted to sell some properties which he owned. He died after the contract but before the completion of the sale. There is again the outmoded concept of Chinese and Indian patriarchs benefitting only the sons in the family and not the daughters. How is this old-fashioned concept to be related to today’s reality where we presume there is no gender inequality? The equitable doctrine of conversion was dealt with in this case and it was decided by Chelva Rajah JC, that as the properties had been converted to movables, the mother was entitled to one third. This, therefore, qualifies the Intestate Succession Act provisions where the distribution of landed property is based on the lex situs. A knowledge of conflict of laws in such cases is important. 7. Recently, we notice that across jurisdictions there is a growing trend among law practices to establish niche areas of practice surrounding personal wealth management, such as private client practice and art investment practice. What are your views on how these areas might shape the image of traditional Probate practice in the long term? If it is shown that the money was held for the benefit of the business, the valuation of the shares of the business will incorporate the bank account. The scion will not benefit if this is determined by the Court. Allegations of undue influence, dementia and testamentary incapacity are the grist of the contentious probate mill. Emotions run very high in this type of cases. Especially where the testator had provided legacies to a lady and a child who was born to the testator, illegitimate though the child may be. Private client practice and art investment practice do not in any way impact on probate practice. They would add additional work to the practitioner who has to ascertain what the relevant documents provided for in the event of the death Singapore Law Gazette September 2014 MARKETING AD 40 Columns Tea with the Law Gazette of the deceased. Upon death of any person, the enquiry is solely concentrated on what the deceased owned either in his personal name, through proxies or through nominees in foreign jurisdictions. Fortunately, estate duty has been abolished since 15th February 2008. If not for the abolition, the Estate Duty Commissioner will have to be satisfied on what the deceased actually held. Although estate duty has been abolished, the Courts require a Schedule of Assets which should itemise whatever the deceased owned locally and overseas. It is also necessary to set this list out correctly because foreign jurisdictions where there might have been investments would want to determine who the rightful person is who can administer the asset in question and whether the asset appears in the Schedule. If the question is whether private client practice and art investment practice would alter the probate scene, the answer is “No.” The task of the probate practitioner remains the same, that is, to ascertain the extent of the asset holdings of the deceased person and what taxes if any, are payable on the assets. 8. Do you see any role for mediation and arbitration in resolving disputes in the area of estate planning and succession? If yes, then to what extent can ADR mechanisms be used in this area of practice? Mediation and arbitration are eminently suitable vehicles for dispute resolutions. More so in areas of succession and to a limited extent in the area of estate planning. They help in lowering the temperature where contending parties are hostile to each other. Estate planning may include a deceased having joined another person in the vehicle that he has used for planning the eventual administration and distribution of his estate. The joint holder of such planning vehicles would be answerable to the beneficiaries in the deceased joint account holder’s estate and to account for the asset in question. He has to render proper accounts and if disputes do arise, then recourse can be had to ADR. In the area of succession too, the dispute between family members and between beneficiaries can be resolved by ADR. Disputes may arise as to the fairness in the distribution of the estate where dependants are involved and the ever invocable allegations of undue influence, mental incompetence and non est factum. 9. When preparing a will, what steps can practitioners take to ascertain if the testator has oral gifts, which the testator wants to keep secret? By “oral gifts” I take it to mean instructions given to the executor and trustee on certain gifts that he would like to make but which he wants to be kept secret. This is going to be a touchy and thorny issue. How does one determine that the testator has actually made the oral gifts? Very often this sort of situation arises when a testator gives entire assets of his estate to the executor and trustee giving him discretion to distribute the assets to whoever, in his own sole discretion he thinks fit. This clause in the Will would have been accompanied by written instructions from the testator to the executor and trustee. Can the beneficiary then seek recourse if he thinks he has a beneficial interest as instructed by the testator? Of course this involves proof and the potential beneficiary has a burden of proving that the oral gift that was meant to be given to him was what the testator intended. The practitioner will have to interview the executor and trustee on the administration of the estate and determine whether any instructions had been given although the Will states that the executor and trustee may distribute the estate according to his discretion. The evidence has to be strong and cogent in order that the beneficiary of the secret trust can benefit. 10. It is said that with people working and living in other places other than their domicile, many wills remain unexecuted. Is there a scope for a worldwide registry of wills? Can wills executed in foreign countries be deposited in our Wills registry? Let me take the first question. There is definitely a scope for a worldwide registry of Wills. But the practicalities of establishing such a registry are quite burdensome. The registry will have to be operated by someone. There must be consent by the countries of the world to use the registry as a central base for determining the deposit of Wills with the registry. In the divided world that we live in, this will be a complicated matter. But there is scope for co-operation bearing in mind the two Conventions I have mentioned above. On the second question, whether Wills executed in foreign countries be deposited in our Wills registry, I see no difficulty. There is no prohibition against such Wills being referred to. Let me hasten to add that there is no need, as it stands, for Wills to be deposited with the Wills Registry. Singapore Law Gazette September 2014 41 Columns Tea with the Law Gazette Only information on the execution of the Wills is registered. This may be helpful for expatriates who are living in our midst where they retain their domicil of origin and have executed the Will in their own countries. 11. In Singapore, does the lawyer preparing a will owe a duty of care to the beneficiary or potential beneficiary under the will? If so what is the extent of the duty? The draftsman of the Will definitely owes a duty of care to both beneficiaries and potential beneficiaries. In the recent landmark case of AEL vs Cheo Yeoh & Associates LLC (2014) SGHC 129, a solicitor was sued successfully for failing to obtain two witnesses as attesting witnesses. He only had one. The Will was declared invalid and the estate was directed to be distributed according to the law on intestacy. This was prejudicial to the beneficiaries named in the Will. Those not named in the Will benefitted as a result of the law on intestate succession. Absolute care is, therefore, necessary when preparing a Will and having it attested. There are other instances as well where a solicitor hands over a Will he had prepared to his client, advising him to have it executed but the client did not comply with the requirements of signature and the production of attesting witnesses. In such instances, beneficiaries mentioned in the Will can sue if the Will is declared invalid and the distribution of the estate is carried out under the provisions of intestacy law. It is perfectly in order for a solicitor to prepare a Will and hand it over to his client who would have told him that he will have it executed in accordance with the advice given to him by the solicitor. The solicitor should be conscious enough to follow-up the advice he has given orally with a letter recalling the advice he had given to the client, requiring him to ensure that the Will will be properly executed. Absence of advice in writing can amount to a failure of giving such advice. Therefore, solicitors beware. ► Representation & Law Reform Department The Law Society of Singapore MARKETING AD Singapore Law Gazette September 2014 42 Columns The Young Lawyer As the representative body for young lawyers in Singapore, the Young Lawyers Committee (“YLC”) focuses on issues relevant to those new to legal practice. Stay tuned to this monthly column for useful tips and advice, features and updates on YLC’s social and professional events. Amicus Agony Dear Amicus Agony A new legal assistant was appointed to another junior associate and I. She had previous work experience as a legal assistant at a law firm, but was unable to keep up with the work and had difficulty doing basic tasks. After seven months of fixing her mistakes time and again, I was forced to be the “bad guy” and take steps to resolve the issue. This resulted in the firm letting go of her because work was suffering. Now all the other legal assistants, including my team head's legal assistant whom I often have to work with very closely, avoid me like the plague. Have I done anything wrong? And how do I fix the matter with the other legal assistants? Yours sincerely Bad-guy Associ(h)ate Dear Bad-guy Associ(h)ate Whilst it is important to maintain good relationships with your colleagues, in particular the executive assistants and staff who take instructions from you, if work suffers because of a particular team member, relevant action should be taken for the matter to be resolved. You are not the reason that the legal assistant was let go, but mainly because she may have been hindering the team’s work. Since you had given her sufficient time to figure things out but she was not meeting expectations, you had good reason to raise performance issues. By resolving the issue, you have shown to your team head and the other lawyers, and staff on your team that you are a decisionmaker. Everyone is looking to get their work done smoothly without any problems and a problem-solver takes proactive steps to fix issues. The other legal assistants will soon understand that dedication to your work prevailed and that the matter was not a personal issue. You will move forward to become a Senior Associate, and soon a Partner, which will require you to proactively address such concerns. If there is anything people taking instructions from you should be worried about, then it should only be about getting work done properly. One should strive to achieve only a good working relationship in the workplace because it is not possible to please everyone and be friends with all your colleagues. Amicus Agony Dear Amicus Agony There is a certain salaried partner in my department who has been bad-mouthing our department head to other salaried partners and junior associates. He has the habit of taking them out to lunch or coffee when they first join the department and then purports to tell them the “truth” about the department, which is essentially his skewed view of the various people that are part of our department. Recently, it was brought to my attention by one of my colleagues that he has also been spreading malicious falsehoods about me to the other junior associates. I feel that this has led to the junior associates lacking respect for me. As a result, I have found it difficult to work with them on some on-going matters that we have. I have tried to ignore his conduct but recently, I had dinner with one of the junior associates I am working with and she told me that this salaried partner was now spreading rumors about her too and she found his conduct to be unbecoming of a partner in a reputable law firm. I just want to be able to do my work in peace. What should I do? Yours sincerely Watercooler Gossip Associate Dear Watercooler Gossip Associate Every person is entitled to a workplace environment that is free from any form of harassment. What the salaried partner is doing is not encouraged and such conduct should be avoided. By doing so, it can be detrimental to the overall well-being of the department and this is something he may not realise. Singapore Law Gazette September 2014 43 47 Columns The Young Lawyer You mentioned that he has been spreading falsehoods about you to the other members of the department and has now gone further to include another one of your colleagues. Perhaps one option could be to approach him to inform him that you have heard of such rumours associated to him, and of course you do not believe it’s the truth as such falsehoods can’t be coming from a gentleman like himself. Hopefully, that would make him conscious of his ways and refrain from such conduct in the future. Should the salaried partner persist, or if you feel that you would prefer to avoid approaching him, another alternative may be to approach either your department head or a representative from your human resource department to assist you. All the best! Amicus Agony Young lawyers, the solutions to your problems are now just an e-mail away! If you are having difficulties coping with the pressures of practice, need career advice or would like some perspective on personal matters in the workplace, the Young Lawyers Committee’s Amicus Agony is here for you. E-mail your problems to communications@lawsoc.org.sg. The views expressed in “The Young Lawyer” and the “YLC’s Amicus Agony” column are the personal views and opinions of the author(s) in their individual capacity. They do not reflect the views and opinions of the Law Society of Singapore, the Young Lawyers Committee or the Singapore Law Gazette and are not sponsored or endorsed by them in any way. The views, opinions expressed and information contained do not amount to legal advice and the reader is solely responsible for any action taken in reliance of such view, opinion or information. Misplaced your copy of the Singapore Law Gazette? Looking for an article on insolvency published 5 years ago? No idea where to look? Find it at www.lawgazette.com.sg Current and archived copies of the Singapore Law Gazette dating back to year 2000 are avaiable online. A convenient search function allows you to easily look for articles on various subjects. Go online today and never lose another copy of the Gazette again! Former Client Conflicts: Sword or Shield? Singapore Law Gazette September 2014 In Practice 44 Legal Updates Legislation Land Titles Act Amended from 15 August 2014 to Implement Changes in Relation to Easements and Caveats The Land Titles Act (the “LTA”) has been amended with effect from 15 August 2014 to facilitate more efficient and optimal use of registered land through various changes including the following: 1. Empowering the Court to create easements, and to vary or extinguish existing easements: The court will be empowered to make orders to vary or extinguish an easement if it is satisfied that: (i) the continued existence of the easement will, unless varied or extinguished, impede the development of the land for public or private purposes without securing practical benefits to the persons entitled to the easement; or (ii) the proposed variation or extinguishment will not substantially injure the persons entitled to the easement. 2. Shifting burden from property owner to caveator to prove interest: The LTA is amended to improve the remedies available to a property owner in response to a caveat lodged on his property by shifting the burden of disproving the caveat from the property owner to the caveator. This is done by making it a requirement for a caveator to obtain a court order stating that the caveat which he filed is valid, failing which the Registrar of Land Titles will remove the caveat. 3. Introducing a new list of dealings that the terms of a caveat cannot override: The LTA will be amended to create two lists of dealings: a mandatory list and a permissive list. A caveator will not be notified of any dealings in the mandatory list even if he were to file a caveat that prohibits all dealings. A “permissive list” will also be created where a caveator can choose whether he wishes to be notified of the dealings in this list. The Land Acquisition Act (the “LAA”) will be amended for two main purposes: 1. Revised application of betterment levy: When the Government acquires part of a land owner’s land, the value of the remaining portion of land held by the land owner could increase due to the use that the land acquired will be put. Currently, the LAA requires such increase in value, known as the betterment levy, to be deducted from the statutory compensation the land owner is given for the acquired land. The LAA will be amended to remove the requirement for such increase to be deducted. Hence, land owners will receive compensation equivalent to the full market value of the acquired land. 2. Enabling the management corporation (the “MC”) of strata-titled developments to act on behalf of individual unit owners in acquisitions of common property: The LAA and the Building Maintenance and Strata Management Act will be amended to allow the MC to represent individual unit owners when common property is acquired by the Government. The MC will also be able to use the MC’s fund for acquisition related expenses. This amendment will minimise inconvenience to individual unit owners, as well as allow for quicker progress of the acquisition proceedings and disbursement of compensation. Currently, when small parcels of common areas in strata-titled developments are acquired, unit owners must go through the entire acquisition process individually even if their own units are not affected by the acquisition, and even if their share of the compensation is not significant. ► Elizabeth Wong Allen & Gledhill LLP Related amendments have also been made to the Building Maintenance and Strata Management Act and the Conveyancing and Law of Property Act. Land Acquisition (Amendment) Bill 2014 Passed in Parliament: Changes Relating to Betterment Levy and Acquisition of Common Property On 5 August 2014, the Land Acquisition (Amendment) Bill 2014 was passed in Parliament. Singapore Law Gazette September 2014 MARKETING AD 46 Lifestyle Alter Ego Just Singaporean I am often asked by taxi drivers whether I am Singaporean. My quick response is: “Yes, born and bred here.” With the large foreign population here, this is an inevitable question. However, I get indignant at being considered a foreigner in my own country. Born to migrant parents in Singapore, I am a Singapore citizen by birth. My parents had very strong roots in India and never made us forget that. I grew up in a traditional, strict South Indian family. We spoke Tamil, ate traditional Chettinad food, were immersed deeply in Hinduism and observed all religious festivals. For some reason, I had very few Indian friends, preferring to hang out with my Chinese friends since I was a kid. This is nothing unusual in Singapore with a predominant Chinese population. I have felt different from the other Indians since young. Maybe it was my lack of fluency in Tamil or just being not “Indian” enough. This is surprising as I am a great fan of Tamil music and movies. My affinity to Indians for some reason did not go beyond my family. Living in a multi-racial and multi-cultural country with seasonal influences of Japanese, Korean, Taiwanese and not forgetting the omnipresent Western influence, I ask myself, who am I? A Singaporean? An Indian? An Indian Singaporean? I do not consider myself Singaporean Indian or Indian Singaporean. Does race, language and religion differentiate or define us? Culture seems to differentiate mainly in the way we celebrate festivals and practise our Singapore Law Gazette September 2014 47 Lifestyle Alter Ego religious beliefs. I do not think that these values really differentiate us from just being Singaporean. Seeing how Singaporeans travel during festive seasons rather than spend them with their families to renew kinship, it appears that such values are being diluted in the light of modernity and progress. For me, it is not that family ties are unimportant but the opportunity to travel to have alone-time with the Wife outweighs the need to be with family during these significant occasions. Anyway, strengthening ties with the family should not be relegated to festive seasons only. So, family upbringing moulds a person in his formative years. It does not, however, prevent the person from changing his views or outlook in the course of his life. In fact, I am a product of all our ethnic races. My friend used to call me a coconut – brown (Indian) outside and white (Chinese) inside – referring to my great fascination for Chinese food and Chinese television dramas. There are times I feel “Malay” due to my interest in Malay cuisine and its religious values. So, I conclude that I am just Singaporean. Living in a seamless world, some say we are global citizens. What this means is your identity is determined by where you live. If one lives in Australia, one would feel very Australian. There is a saying that you can take a person out of Singapore but you cannot take the Singaporean traits away from him. So, who you are depends on who you really are – not where you live or the ethnic group you belong to. For me, I prefer to evolve and choose to be who I am. Am I Singaporean? Yes, by birth. My roots are international – in India because of my extended family; in Melbourne, where my heart lies; in San Francisco where my brother and his family live; and in many other countries where fond memories or meaningful experiences were formed. Unlike the Japanese or Chinese, we are not one single ethnic group. With modernisation, inter-racial marriages and the abundance of modern Singaporean cuisine, why can’t there be one singular ethnic group in Singapore? Observing traditions and religious practices is a personal thing. Religion featured significantly in my growing up years. We were vegans every Friday, amongst many other religious days and had to be home for Friday prayers in the evenings. There were periods in my life where I did not observe such religious practices due to personal and lifestyle choices. These choices are quite individualistic and we go through different phases in our lives where we embrace different things. It is odd that Hinduism did not play a significant role in my life despite my upbringing. Unlike Islam and Christianity, there is no structured teaching in temples and other religious organisations or communal groups like the Christian cell groups. The teaching of religion is left largely to families. The teaching and education of religion is essential to answer the many questions one will have, and to fortify one’s religious education. It is difficult to believe in something just because you have been told to do so by the elders. That type of belief will not last throughout one’s life. Religion started playing a significant role for me in the last few years, to help me to deal with life challenges and issues which I cannot answer or deal with by myself. I am not religious in a strict sense but I rely on religion for inner strength and peace. I always believe in God, in a universal form. The practices do not always make sense but I observe them. Religion can mean many different things. Maybe this is God’s way of bringing me to him. It seems to work well for me. For now. ► Rajan Chettiar Rajan Chettiar LLC E-mail: rajan@rajanchettiar.com As the years went by, like all things, I began to change when I went overseas to study, adopted a yuppie lifestyle and went on travels. We started speaking more English at home and became modern Singaporeans. Even my migrant parents who thought that they would have returned to India years ago now consider Singapore their country. Talk about returning to India has started to fade. “It is so difficult to adapt to life in India now. People are so different there,” my mother remarked to me after her last trip to India. I raised my eyebrows. So, they have become Singaporean as well. Singaporean influences have crept into my mother’s cooking. She has even given up some of the traditional cooking methods she used when I was a child. Singapore Law Gazette September 2014 48 Lifestyle Food Eat Right While Pursuing Your Client's Rights – A Review of Healthy Lunch Options in the CBD Deadlines are approaching and there just does not seem to be enough time for the basics, lunch being one of them. Opting to eat at your desk often becomes the inevitable choice. Eating at one’s desk has been recognised as being unhealthy as it leads to lost opportunities to socialise and to move around during your lunch hour to stretch those legs and get the blood pumping; limited choices of food, often resulting in the consumption of fast food; and over-consumption of food due to a focus on work-related activities. Fret not! Essentially, it is all about making the right choices, and if you find yourself having to elect (or are compelled) to have lunch at your desk, at the very least, try to choose the right foods to keep you company as you plough through that affidavit, or tear through those submissions. And in this regard, we bring you some alternatives that can help you mitigate against the perils set out above for your consideration and necessary action. Be! Everything.You.Want.2.Be Delivery Tel: 8500 8777 www.facebook.com/Everythingyouwant2be If you are really busy or just feeling lazy, Be! Might be just what you are looking for. Be!’s philosophy is simple – a healthy lifestyle means more time for what really matters (in life). To achieve this, Be! has adopted a simple concept, ie to deliver healthy, delicious yet affordable lunches in convenient lunch boxes. Be! is actually located in the cafeteria of 1 Kay Siang Road, just off Tanglin Road, but delivers its cuisine to the CBD for professionals craving some healthy fare. For every meal prepared, Be! uses ingredients that are low on the glycemic index but high on colour (to ensure that every bite is full of phytonutrients), protein, taste and texture (to trigger satiation). To stave off the belief that a healthy meal can’t be filling, Be! includes brown rice as part of the set unless requested otherwise. This is Be!’s effort to Singapore Law Gazette September 2014 49 Lifestyle Food encourage people to eat brown rice which has more fibre and nutrition than white rice. We started off with Be! Exotic – a quinoa-crusted Moroccan chicken salad with honey balsamic sauce. The first thing that strikes you about the salad is that the ingredients are clearly fresh and of a high quality. The cherry tomatoes are juicy while the rest of the salad is crunchy and not soggy from an over reliance on salad dressings, as so many are prone to doing. The use of honey balsamic dressing allows the natural flavours of the ingredients to be expressed without being drowned out. The grilled chicken breasts were wellseasoned with coriander, fennel, cinnamon, honey and a gamut of other spices. Needless to say, the chicken was succulent and flavourful. Having savoured the salad as the opening act, we moved on to the main course, Be Spicy! – salmon with pumpkin sauce and spicy tomato brown rice, served with a sample of Be Pampered! Salad. The salmon was moist, wellseasoned and cooked to perfection. The salad included honey glazed pumpkin, purple sweet potato, walnuts, feta cheese and cherry tomatoes, which provided interesting colours and textures, not to mention great taste. Overall, the main course was put together nicely with all the different elements complementing each other. Salmon with pumpkin sauce and spicy tomato brown rice Another point that deserves mention is that the portions are substantial and filling and the best part is that the prices are very reasonable. The above lunch cost us just $9.80 per person, while a similar meal in the CBD will likely set you back more. Orders are best placed before 10am, with free delivery for orders above $28. Be! also caters for corporate breakfasts, lunches and tea and as a testament to their commitment to healthy holistic living, Be! can also provide yoga/fitness lessons or nutrition and cooking classes as part of the experience. A quinoa-crusted Moroccan chicken salad with honey balsamic sauce Apart from the honey balsamic dressing, Be! also has an impressive range of original home-made sauces such as asian tangy, zesty orange mustard, honey soy sesame, and honey yoghurt sauces to choose from. We were informed that only extra virgin olive oil is used to give a fresh, light taste instead of last squeezed olive pomace oil; honey and gula melaka are used in place of sugar. As a special to members of the legal fraternity, Be! has kindly extended a 10 per cent discount to all law firms that place an order in excess of SGD 50 from now till 31 December 2014. If, however, you need to step out of the office to clear your mind and get some fresh air during lunch hour but need to rush back to your desk, salad is a great option. It is quick, healthy and might help negate the guilt that haunts you for having skipped gym or yoga class. Salad bars in the CBD are aplenty, and you will find yourself spoilt for choice. We bring you two great options where you can find fresh, hearty and filling salads: Singapore Law Gazette September 2014 50 Lifestyle Food The Salad Shop (“TSS”) UOB Plaza 2 & 79 Anson Road http://www.thesaladshop.com.sg The popularity of TSS appears alarming until you go in and taste their tantalising, customised salads. TSS makes salad for everybody, which is why you get to choose your salad size (“Rabbit”, “Zebra” or “Elephant”) depending on the proportion of feeds per animal. If you intend to go vegetarian then a Rabbit size should suffice with a salad base, six “main feeds”’ and your choice of a maximum of two dressings from a never-ending dressing menu, at only $8. An Elephant size salad is appropriate for when your stomach has been rumbling louder than thunder, since your early morning hearing. For a princely $12 you get a salad base, six “main feeds”, two “supplementary feeds”, one “prime feed” and dressing. Adding further feeds is chargeable depending on the category; however, it generally is not necessary because of the feed proportions and the excellent salad base options. Another option is to order a soup which you can enjoy with fresh sliced bread (at no extra cost); however, there are only two varieties of soup each day. The dressings taste great even when an outlandish mix is selected, such as feta cheese with Thai or Oriental dressing. The pesto vinaigrette and sun-dried tomato dressings taste surprisingly fresh and extremely satisfying in various salad combinations. It may take a few tries to nail the perfect salad combination which hits the spot, but the mixes are delicious nonetheless. If you feel that the salad mixers are too liberal with dressing, you may request the dressing to be given separately. The pre-mixed salads and wraps in the fridge are not quite as fresh, tasty or filling and are obviously avoidable. The ambience is clean, modern and spacious and ordering is easy once you understand your options. The only downside is that it gets extremely crowded at peak lunchtime with longer queues and considerably slower service (in particular at UOB Plaza), but it is worth the wait! The main setback is that there is no seating at the ground floor branch, with a queue which snakes all the way up to Joe & Dough and beyond. The solution to long queues is an SMS order! The best part about TSC is that the only thing between you and your salad is an SMS. TSC is unique in that its offers a service through which you can place your order by sending a text message to the designated telephone number for collection at the Market Street or Amoy Street branch. Provided that: (a) you place an order between 8am and 10.30am; and (b) you receive a confirmation response, you can collect your salad and return to your desk without anyone noticing your absence. TSC is filling and tasty, and will not burn a hole in your pocket in the long term. Most importantly, there is no compromise on quality and freshness, despite its lower prices. It definitely does give other salad bars a run for their money. Working through lunch does not have to be detrimental to your health, especially when such delicious and nutritious options are available! ► Jevon Louis Member Young Lawyers Committee ► Khyati Raniwala Member Young Lawyers Committee The Salad Corner (“TSC”) Amoy Street Food Centre & Market Street Food Centre http://www.thesaladcorner.com Market Street Food Centre is now famous for being home to TSC. For only $4.90 you get salad base and five toppings, with meats charged additionally. The portions are large and extremely filling but the amount of salad base can leave you tired from chewing so much. The dressings are generally tasty, but the vinaigrette dressings are a little too strong and the Italian vinaigrette in particular, overpowers the freshness of the salad toppings. The variety of toppings does not match the variety of dressings, and chances are you will get bored if you visit TSC more than twice a week. Singapore Law Gazette September 2014 51 Notices Professional Moves New Law Practices Ms Lee Pih Peng (formerly of Lee & Lee) has commenced practice under the name and style of LPP Law Corporation on 1 August 2014 at the following address and contact numbers: 10 Marina Boulevard Level 39 Marina Bay Financial Centre Tower Two Singapore 018983 Tel: 6818 6248 / 9 E-mail: leepihpeng@lpplawcorp.com.sg Mr Ong Ying Ping (formerly of OTP Law Corporation) has commenced practice under the name and style of Ong Ying Ping Esq on 1 August 2014 at the following address and contact numbers: 133 Cecil Street #08-02/02A Keck Seng Tower Singapore 069535 Tel: 6438 3922 Fax: 6438 3966 E-mail: ongyingping@gmail.com Ms Woo Mei Lin Jacqueline Mrs Low Fook Cheong has commenced practice under the name and style of J Low Law Corporation on 8 August 2014 at the following address and contact numbers: 25 Begonia Terrace Singapore 809780 Tel: 6717 0604 E-mail: jackie@jlowlaw.sg Mr Hua Yew Fai Terence (formerly of Anthony Law Corporation) has commenced practice under the name and style of Terence Hua Law Practice on 8 August 2014 at the following address and contact numbers: 3 Shenton Way #07-01 Shenton House Singapore 068805 Tel: 6323 2320 Fax: 6538 8815 E-mail: terencehua_lawpractice@yahoo. com.sg Ms Lim Pei Ling June (formerly of Fortis Law Corporation) has commenced practice under the name and style of Eden Law Corporation on 18 August 2014 at the following address and contact numbers: 20 Havelock Road #02-10 Central Square Singapore 059765 Tel: 6248 8209 Fax: 6428 8319 E-mail: mail@edenlaw.com.sg Change of Law Practices’ Names The firm name of Rajah & Tann LLP has been changed to Rajah & Tann Singapore LLP with effect from 21 August 2014. There is no change to the firm’s contact details. The firm name of Legal21 LLC has been changed to Affinity Law LLC with effect from 1 September 2014. There is no change to the firm’s contact details. Dissolution of Law Practices The law practice of C.S. Tan & Co dissolved on 31 March 2014. Outstanding matters of the former law practice of C.S. Tan & Co have, with effect from 1 April 2014, been taken over by: 1. Metropolitan Law Corporation 133 New Bridge Road #13-01 Chinatown Point Singapore 059413 Tel: 6222 9676 Fax: 6222 8635 E-mail: info@metrolaw.com.sg Website: http://www.metrolaw.com.sg 2. Attorneys Inc. LLC 24 Raffles Place #25-06A Clifford Centre Singapore 048621 Tel: 6327 8481 Fax: 6327 8463 E-mail: mail@attorneys.com.sg Singapore Law Gazette September 2014 3. Christina Goh & Co 20 Havelock Road #02-05 Central Square Singapore 059765 Tel: 6533 2155 Fax: 6428 8315 E-mail: gsleng@pacific.net.sg and 4. Chan Kam Foo & Associates 101A Upper Cross Street #09-10 People's Park Centre Singapore 058358 Tel: 6532 5252 Fax: 6535 7332 E-mail: chanas@pacific.net.sg The law practice of Focus Law Corporation dissolved on 31 July 2014. Outstanding matters of the former law practice of Focus Law Corporation have, with effect from 1 August 2014, been taken over by: JLC Advisors LLP 80 Raffles Place #43-03 UOB Plaza 1 Singapore 048624 Tel: 6389 9559 Fax: 6389 9556 Mr Khoo Ching Shin Shem (formerly of Focus Law Corporation) has joined JLC Advisors LLP as Partner with effect from 1 August 2014. The law practice of Anand T & Co dissolved on 31 August 2014. Outstanding matters of the former law practice of Anand T & Co have, with effect from 1 September 2014, been taken over by: M P Kanisan & Partners 111 North Bridge Road #08-01/02 Peninsula Plaza Singapore 179098 Tel: 6338 2294 Fax: 6339 1400 52 Notices Professional Moves Change of Law Practices’ Addresses A C Cheong & Co. 20 Havelock Road #02-44 Central Square Singapore 059765 Tel: 6298 5755 / 6428 8244 Fax: 6428 8268 E-mail: enquiry@accheong.com (wef 1 September 2014) A. Rajandran 5001 Beach Road #08-16 Golden Mile Complex Singapore 199588 Tel: 6536 1125 Fax: 6536 1152 E-mail: a_rajandran@hotmail.com (wef 26 July 2014) Bogaars & Din 20 Havelock Road #03-02/03 Central Square Singapore 057965 Tel: 6538 8188 Fax: 6538 5655 E-mail: thefirm@bogaars-din.com (wef 30 July 2014) Camford Law Corporation 8 Cross Street #18-06 PWC Building Singapore 048424 Tel: 6220 0900 Fax: 6220 0919 (wef 1 September 2014) Chris Chong & CT Ho Partnership 143 Cecil Street #17-00 GB Building Singapore 069542 Tel: 6220 6880 Fax: 6220 7880 Website: www.legallex.net (wef 25 August 2014) Damodara Hazra LLP 3 Shenton Way #10-08 Shenton House Singapore 068805 Tel: 6227 6366 / 6227 2281 Fax: 6227 6166 E-mail: damo@dhklaw.com.sg Website: www.dhklaw.com.sg (wef 23 September 2014) Exodus Law Corporation Blk 53 Chin Swee Road #03-21 Singapore 160053 Tel: 6532 2322 Fax: 6536 8884 Website: http://exoduslawcorp.com (wef 31 August 2014) Vision Law LLC 1. 133 New Bridge Road #18-01/02 Chinatown Point Singapore 059413 Tel: 6534 2811 Fax: 6535 6802 E-mail: ct-admin@visionlawllc.com Ken Lee Law Corporation 34A South Bridge Road Singapore 058668 Tel: 6732 0021 Fax: 6732 2573 (wef 25 August 2014) 2. 490 Lorong 6 Toa Payoh #03-11 HDB Hub (Biz 3 Lobby 1) Singapore 310490 Tel: 6358 0703 Fax: 6358 0448 E-mail: admin_tp@visionlawllc.com (wef 15 August 2014) Kishan LLC 46 Tras Street Singapore 078985 Tel: 6225 0271 Fax: 6225 0272 E-mail: office@kishanllc.com (wef 18 August 2014) Yuen Law LLC 34A South Bridge Road Singapore 058668 Tel: 9624 6855 E-mail: yuenlawllc@gmail.com Website: www.yuenlaw.com.sg (wef 22 August 2014) Nation Law LLC 1. 133 New Bridge Road #18-01 Chinatown Point Singapore 059413 Tel: 9668 1737 E-mail: gen.nationlawllc@gmail.com Closure of Branch Office 2. 490 Lorong 6 Toa Payoh #03-11 HDB Hub (Biz 3 Lobby 1) Singapore 310490 Tel: 6255 3418 Fax: 6250 6356 E-mail: gen.nationlawllc@gmail.com (wef 7 August 2014) Change of Contact Numbers Shireen Chua & Co 6 Pandan Valley #09-606 Singapore 597630 Tel: 9698 0324 E-mail: shireen@shireenchua.com (wef 27 August 2014) Timothy Ng LLC 1 Coleman Street #05-03 The Adelphi Singapore 179803 (wef 12 September 2014) Singapore Law Gazette September 2014 With effect from 30 June 2014, the branch office of I.R.B Law LLP at 171 Tras Street #08-177 Union Building Singapore 079025 has ceased operations. S Q Kong & Company Fax: 6722 8551 53 Notices Information on Wills Information on Wills Name of Deceased (Sex) NRIC Date of Death Last Known Address Solicitors/Contact Person Reference Husin Halim (M) Indonesian Passport No. A5884921 8 November 2013 Permata Hijau Blok M #1 RT 007/001 Grogol Utara Kebayorah Lama, Jakarta, Indonesia Sim Mong Teck & Partners 6496 0399 / 6736 6166 SMT. JP.rie.6.3310.2014 Tang Kim Chong (Dong Jinzhong) (M) S7239862I 10 June 2014 Blk 537 Bukit Panjang Ring Road #14-831 Singapore 670537 Summit Law Corporation 6597 8363 201407589/11 Kan Sook Keng (F) S0222809B 23 May 2014 20 Jalan Jambu Batu Singapore 588739 Wee Swee Teow & Co 6532 2966 YSY/N/14/02/0494 Lee Tshun Syn (M) S0045660H 14 July 2014 Blk 215 Yishun Street 21 #02-303 Singapore 760215 Lim Soo Peng & Co LLP 6337 9968 LSP/21449/14/adl Lim Thiam Seng (M) S1240286D 5 February 2014 Blk 238 Lorong 1 Toa Payoh #12-10 Singapore 310238 Summit Law Corporation 6597 8363 201407601/11 Susan Hidajat (F) Indonesian Passport No. T677528 11 June 2012 Cisangkuy 32 Bandung 40114 Indonesia Sim Mong Teck & Partners 6496 0399 / 6736 6166 SMT. JP.rie.4.3004.2014 Tan Kwee Lam (M) S1294285J 2 July 2014 33 Lorong Paya Lebar Singapore 536331 Hoh Law Corporation 6553 4800 YM/P20547/14/at Andrew Chang Chau Lian (M) S0890289E 2 August 2014 5 Siglap Road #20-45 Singapore 448908 UniLegal LLC 6236 2434 14.116.RKS. LC243.001.he Blk 118, Tampines Street 11 #04-194 Singapore 520118 Seow Swee Hai @ Seow Huat Chye (M) S0253498C 1 August 2014 Blk 110 Bukit Merah View #17-562 Singapore 150110 DSPP Law Corporation 6323 0030 DTJT/20140912/jt Loo Jia Lin (Lu Jialin) (F) S1789720I 14 August 2014 Blk 10D Braddell Hill #21-13 Singapore 579723 Hoh Law Corporation 6553 5190 AO/P20550.14/vt Lim Ivy (F) S0243920D 20 April 2014 Blk 82 Redhill Lane #04-75 Singapore 150082 Belinda Ang Tang & Partners 6379 5757 AL/ml/14/413030 Tan Seong Lim (M) S1140509F 28 April 2013 5 Prome Road Singapore 328313 Wee Swee Teow & Co 6532 2966 YSY/N/14/02/0491 To place a notice in this section, please write to the Publications Department at The Law Society of Singapore, 39 South Bridge Road, Singapore 058673, Fax: 6533 5700, with the deceased’s particulars, a copy of the death certificate and cheque payment of S$85.60 per notice made in favour of ‘The Law Society of Singapore‘. All submissions must reach us by the 5th day of the preceding month. Singapore Law Gazette September 2014 Appointments 54 Tailored recruitment solutions Calico Asia is an executive search consultancy dedicated to the provision of tailored recruitment solutions and consulting services for the legal and compliance communities throughout Asia. Our fast growing brand has been built upon the proven recruitment expertise and transparent approach of our experienced consultants. Along with managing search and selection assignments, we provide bespoke recruitment services for our clients and our global network of candidates. Senior Legal Counsel – Intellectual Property, 7+PQE Legal Counsel – Oil & Gas/ Manufacturing, 8+PQE An exceptional in-house opportunity boasting work-life balance, excellent welfare and a market-rate salary is now available. This regional brand requires the expertise of a senior lawyer to focus on the firm’s intellectual property matters and will form part of a legal team which advises on a broader corporate remit. The ability to engage competently with various stakeholders is vital to succeeding in this role. (Ref: CLIH404) An international oil and gas conglomerate is looking to appoint a senior counsel to work alongside key business stakeholders in their engineering and manufacturing business. A senior corporate lawyer equipped with knowledge of the energy sector, the candidate will ideally possess in-house experience and be able to efficiently provide strategic, practical and operational legal advice on the downstream business. (Ref: CLIH405) Legal Counsel – Construction, 5+ PQE Legal Counsel – MNC, 3+PQE A listed corporation with multiple interests in various sectors, our client is looking to hire a Legal Counsel to be responsible for the Group’s construction arm. In addition to being tasked to lead the negotiations of contracts with clients and subcontractors, the role will suit candidates with a proven knowledge of the construction and engineering industries and who are proficient in Mandarin. (Ref: CLIH395) Legal Counsels – Corporate/ IP/ Technology, 2-5PQE Our client is a rapidly expanding and exciting technology company which has seen astounding growth over the last few years. As a result, they are now recruiting a team of technology, intellectual property and corporate lawyers to provide advice on a gamut of legal matters globally. Applicants will need prior relevant experience and would ideally have worked with an international practice or a multinational corporation. (Ref: CLIH399) Legal Counsel – Shipping, 3+PQE An exciting role with a world class leader in the petrochemical sector has arisen. Reporting to the senior legal counsel, the selected candidate will be responsible for providing legal support to the diverse regional businesses of the organization. Candidates with prior in-house general corporate experience will be looked upon favourably although lawyers wishing to transition will also be considered. (Ref: CLIH398) Legal Counsel – Real Estate, 4-8PQE A dynamic real estate corporation now has a legal vacancy on offer. With a comprehensive working knowledge of real estate, building or construction laws, you will be heavily involved in providing legal advice to stakeholders on all general corporate and commercial transactions, land-related and regional projects. This role will suit a seasoned corporate or real estate lawyer who is looking for a challenging regional portfolio and clear progression within a fast growing organization. (Ref: CLIH382) A renowned shipping firm is now expanding with the hire of a Legal Counsel. This role presents an excellent opportunity for candidates wishing to transition in-house and applicants will need exceptional communication, presentation and interpersonal skills. Sharp commercial acumen will also be essential in dealing with a variety of stakeholders, in particular, the container, bulk shipping and marine logistics businesses. Prior knowledge of the liner business will be looked upon favourably. (Ref: CLIH408) Legal Manager – Engineering/ M&A, 3-5PQE An engineering and technologies company is currently looking to hire a Legal Manager to be part of its stable in-house team. In addition to providing support on all commercial matters, the role will also oversee the firm’s corporate, M&A, financing, joint ventures and intellectual property matters. Applicants will need to be admitted to the Singapore Bar and be able to correspond in Mandarin. (Ref: CLIH402) Associates – Various Practices, 2-6PQE A reputable full service law firm which boasts a dynamic team and top quality work is now hiring associates for a number of practice areas in Singapore, including Tax, Banking, Corporate and Litigation. On the job training will be part of the role and associates will be given the chance to work with renowned multinationals on a variety of matters and transactions. Singapore Bar qualifications are essential. (Ref: CPP0042) For further information on the advertised positions or for any recruitment enquiries, please contact us at info@calicoasia.com or call +65 68085665. Alternatively, please visit our website: www.calicoasia.com/opportunities for a full listing of available vacancies. www.calicoasia.com EA Licence number: 11C4386 One Raffles Place Tower 2 #19-61 Singapore 048616 55 Appointments In-House Private Practice CORPORATE PARTNER Singapore 8-12 PQE PROJECT COUNSEL Singapore 6-10 PQE A boutique law firm with a strong reputation in the media and IP space is looking for a corporate partner to join their practice in Singapore. No book of business is required but the partner should have at least 8 years of strong corporate experience in a broad range of corporate work. (SLG 11033) Leading engineering company seeks a project lawyer to be responsible for advising and running EPC related transactions as well as assisting on project finance matters. Candidates should ideally have experience in construction, project, infrastructure and engineering matters. (SLG10564) CORPORATE LAWYER LEGAL COUNSEL, ENGINEERING Singapore 3-6 PQE Leading global law firm is seeking a Singapore qualified, mid-level, corporate lawyer to join its dynamic team. Ideal candidates will have strong experience in M&A, joint ventures, corporate finance and financial services regulatory work. Excellent academic background and previous experience in a leading local or international law firm are essential. (SLG 11042) PROJECT FINANCE (PPP/ENERGY/ CONSTRUCTION) ASSOCIATE Singapore 3-5 PQE This leading international law firm with a high profile aviation practice is seeking for a mid-level disputes lawyer to join its growing practice. Candidates with prior experience in aviation law are preferred. This role offers excellent opportunities for progression and top quality work. Candidates must have already have a proven track record gained from training and working in top tier firms. (SLG 11119) SHIPPING ASSOCIATE Singapore 3-5 PQE Large global law firm is seeking a senior Singapore qualified litigator. Candidates must have excellent academics, training and top tier law firm experience. Expertise in specialist sectors such as maritime, insurance or international trade will be well regarded. (SLG 10908) PARALEGAL Singapore 5-7 PQE 3-5 PQE This leading international law firm is looking for a mid-level project finance associate who will focus on PPP work. This is a fantastic opportunity for those who are interested in getting top quality work in a premier practice. Prior experience in energy, power or construction projects will be a major advantage. (SLG 10940) AVIATION LITIGATION ASSOCIATE 5-8 PQE A global engineering company is looking for an experienced lawyer. You must be admitted to the Singapore bar and with at least 5 years PQE including in-house experience working in an international corporation with an energy, project infrastructure and engineering focus. DERIVATIVES COUNSEL Singapore Singapore Singapore This international law firm is looking for an experienced paralegal to join its established derivatives practice. Although not essential, candidates with experience in banking and finance will be preferred. Strong organisation skills, a good eye for detail and previous paralegal experience in a reputable law firm are essential for this role. (SLG 11176 Major regional bank is looking for a mid-level counsel to join their Global Markets legal team. The ideal lawyer should have at least 5 years PQE, with experience working in-house in a financial institution and being involved in credit derivatives structured finance work. (SLG 10845) CORPORATE IT COUNSEL Singapore 4-5 PQE Our client, a large US software company is seeking a corporate counsel to join its regional team in Singapore. Strong international experience is critical and the ideal candidate will have a corporate/M&A background along with good IT sector related knowledge. (SLG 10868) COMPLIANCE & RISK MANAGER Singapore 3-6 PQE A global property corporation is looking for a compliance and risk manager in Singapore. Candidates should ideally have at least 3 years’ experience advising on corporate compliance and risk management matters particularly in the areas of anti-corruption and fraud, and/or some experience managing insurance matters. Singapore and/or Commonwealth qualified litigators with relevant practice experience will be considered. (SLG 10918) LEGAL COUNSEL Singapore 3-5 PQE Global investment bank is looking for a legal counsel to join their legal team based in Singapore. This lawyer will be responsible for supporting the bank's OTC clearing business across the Asia Pacific as well as advising on legal and regulatory matters with regards to new clearing house rules. The ideal candidate should have at least 3 years’ PQE of relevant OTC derivatives products exposure. Candidate with strong finance and capital market experience gained in a leading firm will be considered. (SLG 10609) These are a small selection of our current vacancies. If you require further details or wish to have a confidential discussion about your career, market trends, or would like salary information then please contact one of our consultants in Singapore (EA Licence: 07C5776): Lucy Twomey or Jean Teh on +65 6557 4163. To email your details in confidence then please contact us on legal.sg@alsrecruit.com. Hong Kong Singapore Beijing Shanghai (852) 2920 9100 als@alsrecruit.com (65) 6557 4163 singapore@alsrecruit.com (86) 10 6567 8728 beijing@alsrecruit.com (86) 21 6372 1058 shanghai@alsrecruit.com Appointments 56 IN-HOUSE PRIVATE PRACTICE Associate General Counsel (12+ PQE), Singapore ECM Partner (8+ PQE), Singapore This is an exciting opportunity for a senior lawyer to join a healthcare group which not only provides medical services but also has a strong R&D arm. Reporting to the General Counsel, you will be required to assist with providing strategic legal advice to senior management as well as manage the group's legal risks across its various activities. The ideal candidate should have substantial experience with contracts, tenders and IP issues. This is a chance to have a rewarding career with a well-established group at the forefront of medical developments in the region. [S23662] A fast-growing local law firm in partnership with an international law firm seeks a lawyer to join their ECM practice as a partner. The successful candidate will advise local and foreign clients on a range of equity transactions including IPOs, reverse takeovers and listings on the Singapore Exchange. This is an excellent opportunity for a lawyer keen on building or further developing a book of business and to work with a dynamic team of lawyers. [S19703] Senior Legal Counsel (12-15 PQE), Singapore Our client, a well-known international law firm, is seeking to add an experienced employment lawyer to their team. The ideal candidate should be Singapore called and have extensive experience managing both contentious and non-contentious employment and labour matters. In particular, knowledge and experience gained advising clients on HR and employment issues across multiple jurisdictions would be looked upon favourably. [S24800] Regional telco seeks a senior lawyer to join its legal team as Associate General Counsel. Duties include advising and supporting the business and management on a wide range of corporate, commercial and compliance issues including working with multiple business lines and support teams to develop legally sound and pragmatic solutions to address key business risks. The successful candidate will also be required to provide training, supervision and mentorship to contract managers and other legal counsels. You must have leadership qualities and be able to work independently and effectively under pressure. Excellent drafting and negotiation skills are required for this role. Candidates should preferably be admitted to the Singapore Bar. [S23952] Transactional Lawyer (3-5 PQE), Singapore Our client, a reputable global IT MNC, is looking for a junior lawyer to join their team to provide legal advice and support to the company’s commercial projects in Singapore. Working in a fast paced and dynamic environment, you will be part of a team dealing with complex and high value transactions. Primary responsibilities include reviewing, drafting and negotiating legal documentation for complex contracts. The successful candidate should be an independent worker with keen commercial acumen and preferably some transactional experience in IT. [S19707] Employment Law Partner (8+ PQE), Singapore Senior Corporate Singapore Associate (6-9 PQE), An excellent opportunity for a Malaysian-qualified lawyer with strong M&A experience to join an international law firm to support the firm's blue chip clientele with their cross-border investments. Excellent interpersonal skills and willingness to be a team player in a demanding and dynamic practice are essential. [S19383] Corporate Myanmar Associate (4-6 PQE), Yangon, Well-established local law firm seeks a corporate associate to handle a variety of in-bound banking and M&A transactions. The ideal candidate will be common law qualified, ambitious and able to work independently. An attractive remuneration package is on offer. [S18888] Commercial Counsel (3-5 PQE), Singapore Funds Associate (3-6 PQE), Hong Kong The logistics arm of a global transportation company is seeking a commercial lawyer. Responsibilities include providing comprehensive legal services to all business units and internal clients and ensuring compliance with relevant local laws and regulations. Strong Mandarin language abilities is a requirement as negotiations with Chinese clients are expected. [S23290] Our client, a leading international law firm, is seeking a Funds Associate with experience gained from a leading Singaporean or International law firm, be US, HK or Singapore qualified, and have solid experience with funds formation (preferably USD and RMB funds), excellent English communication and drafting skills, and fluent business level oral Mandarin skills. In addition, M&A/PE experience and PRC law knowledge would be valuable pluses. [S19683] Legal Counsel (3-4 PQE), Singapore Leading MNC seeks a lawyer to review and draft a range of commercial agreements, work closely with business units on commercial issues and ensure compliance with all relevant rules and regulations. The role entails providing legal input to existing and ongoing projects and matters, including corporate structuring/restructuring, mergers and acquisitions, joint ventures, partnerships, procurement, employment, and litigation. The ideal candidate should have strong commercial and communication skills and be able to work independently in a fast-paced environment. Prior experience in financial services preferred. [S24357] Paralegal (3+ PQE), Singapore A leading US MNC seeks a paralegal to assist the General Counsel on a wide range of matters including drafting and amending commercial contracts, ensuring compliance with laws and regulations and conducting ethics training. The ideal candidate should be eager to learn, a hard worker and a team player. [S19695] Asset Finance Associate (2-7 PQE), Hong Kong An international law firm with a large regional Banking & Finance practice, is seeking an Asset Finance Associate to handle maritime and offshore projects and finance. The candidate should have a solid track record with experience in shipping, project/asset finance, or LNG. Chinese language skills and a common law qualification would be preferred. [S19688] TMT Associate (2-5 PQE), Singapore This is an exciting opportunity for a mid-level TMT Associate to join an international law firm and handle a wide variety of commercial IT and IP transactions including licensing, procurement, product development, and projects. Current experience in a recognized IP/IT or TMT practice at a law firm in Singapore is desired. In addition, previous experience with both contentious and non-contentious IP and patent matters would be beneficial. [S16858] 57 Appointments YOUR PROFESSION OUR PASSION Regional Consumer Banking Counsel Singapore – minimum 7 years of relevant experience Ambitious Project Finance Lawyer Singapore – minimum 4 years PQE One of the largest global banks is seeking a lawyer with regional experience in consumer banking to join their Global Legal Team. You will be dealing with three major divisions of the business and a large majority of your clients will be non-Singaporean residents, including but not limited to Indonesia and Taiwan. You will be responsible for Singapore and Hong Kong bank licensing matters and various regulations, including HKMA, SFC and MAS. You will be reviewing deposit and non-deposit investment products and advising on regulatory changes, securities and insurance-based lending programmes. A world leader in legal services is seeking a Project Finance Lawyer to join their prestigious team. You will be working with many of the largest and reputable clients in the energy sector. You must have extensive banking experience, preferably with regional exposure. You must be called to either the Singapore bar or in a commonwealth jurisdiction. As you will be working in a close knit team, it is essential that you have retail brokerage and dispute resolution experience. As you will be working as an integral part of a global team, international exposure and time flexibility would be well regarded. This is an excellent opportunity for a retail banking lawyer with offshore experience. Outgoing Technology Lawyer Singapore – minimum 6 years PQE A regional leader in software and service support seeks a tech savvy corporate lawyer to support their Singapore operation. You will be responsible for reviewing, advising and drafting various commercial contracts, predominantly focused on software, licensing and various distribution and client transactions. You will also be constantly liaising with other arms of the business in Singapore and within the region. In addition to legal work, there may be networking events and social functions which you will be expected to attend. You must have six years PQE in a technology focused role, either inhouse or in private practice as well as enthusiasm and outgoingness. As you will be working in a truly multicultural environment, international exposure will be highly advantageous. This role requires you to be a strong communicator with genuine interest in liaising, networking and frequently engaging with people from various cultures and backgrounds. This is a fantastic opportunity for an outgoing and passionate technology lawyer. Business Driven Legal Counsel Singapore – minimum 3 years PQE A one-stop-shop for business start ups in Singapore is seeking a knowledgeable Legal Counsel to join their team. This organisation is a leader in providing solutions for all business needs, including but not limited to, incorporation, tax, accounting, immigration and employment. They are driven by the success of their clients so you will have strong business acumen and a genuine interest and passion in watching new businesses thrive. You will be responsible for a variety of areas, particularly company law, immigration law, tax law, employment and contract law. You will be responsible for overseeing the risk and compliance team and have a solid understanding of data protection legislation. KYC and AML experience is crucial and you must be called to the Singapore bar. As you will be constantly liaising with authorities and relevant governing bodies, you must have strong communication skills and acute attention to detail. If and when necessary, you will also partake in business development work and represent the business in sales and marketing events. You will ideally have a minimum of three years in a similar role. This is an excellent opportunity for a passionate lawyer seeking to promote new business in the Singapore market. hays.com.sg You must have extensive international experience dealing with projects related to water power, wind and natural resources. You should be UK qualified however those who are Australian or NY qualified may also be considered provided that you have had experience in the UK. This is an excellent opportunity for an ambitious lawyer seeking experience in a top-tier firm. Legal & Operations Specialist Singapore – minimum 3 years of experience A reputable funds company is seeking a Legal & Operations Specialist to take control of one of their affiliated entities that specialises in the investment of a Japanese energy company. You will be straddling a quasi legal and operations role, engaging in the reviewing various legal documentation, advising the business of its responsibilities and obligations while simultaneously ensuring that all transactions are running smoothly. You will be frequently liaising with the Japan office and dealing with internal and external stakeholders. You will be drafting resolutions and minutes, dealing with company books and reports and be responsible for preparing and distributing company records if and when required. You must have exceptionally strong communication skills and a good grasp of the English language. You must be able to draft clear and concise correspondence and be experienced in the legal and operational side of a business. You should have a law degree, corporate secretarial experience and be experienced in dealing with complex contracts. While Japanese language skill is not essential it is highly advantageous. This is an excellent opportunity for the junior lawyer who is passionate about investments and managing operations. Contact Judy Liu (Reg ID No. R1333115) at judy.liu@hays.com.sg or +65 6303 0725. Appointments 58 In-House Roles Private Banking . Singapore 0il & Gas Services . Singapore dŚŝƐ ŐůŽďĂů ŝŶǀĞƐƚŵĞŶƚ ďĂŶŬ ƐĞĞŬƐ Ă ŵŝĚͲƐĞŶŝŽƌ ůĞǀĞů ůĂǁLJĞƌ ĨŽƌ ŝƚƐ ǁĞĂůƚŚ ŵĂŶĂŐĞŵĞŶƚƚĞĂŵŝŶ^ŝŶŐĂƉŽƌĞ͘WƌŝŽƌƉƌŝǀĂƚĞďĂŶŬŝŶŐĞdžƉĞƌŝĞŶĐĞƉƌĞĨĞƌƌĞĚďƵƚŶŽƚ ĞƐƐĞŶƟĂů;ŝĨƚŚĞĐĂŶĚŝĚĂƚĞŚĂƐƐƉĞĐŝĮĐƌĞŐƵůĂƚŽƌLJŽƌƐƚƌƵĐƚƵƌĞĚƉƌŽĚƵĐƚƐĞdžƉĞƌŝĞŶĐĞͿ͘ ZĞĨ͗ϭϵϳϭϭϭ ϰнLJĞĂƌƐ dŚŝƐ Žŝů Θ ŐĂƐ ĐŽŵƉĂŶLJ ǁŝƚŚ ƵƉƐƚƌĞĂŵ ƉƌŽũĞĐƚƐ ŝŶ EŽƌƚŚ ŵĞƌŝĐĂ ŝƐ ůŽŽŬŝŶŐ ĨŽƌ ĂŶ ĞdžƉĞƌŝĞŶĐĞĚ ůĂǁLJĞƌ ǁŝƚŚ W ĂŶĚ ƉƌŽĐƵƌĞŵĞŶƚ ĞdžƉĞƌŝĞŶĐĞ͕ ƐƉĞĐŝĮĐĂůůLJ ŝŶ >E' ƉƌŽũĞĐƚƐ͘ dŚĞ ĂƉƉůŝĐĂŶƚ ŵƵƐƚ ďĞ ĐŽŵŵĞƌĐŝĂůůLJ ƐĂǀǀLJ ĂŶĚ ĂďůĞ ƚŽ ǁŽƌŬ ǁŝƚŚ ƐĞŶŝŽƌ orem Ipsum is simply dummy text of the printing and ŵĂŶĂŐĞŵĞŶƚ͘ZĞĨ͗ϭϵϱϵϯϭ ϭϬнLJĞĂƌƐ Derivatives . Singapore typesetting industry. . Lorem Ipsum has been the inCommodities Trading Singapore dustry’s standard dummy text ever since the 1500s, dŚŝƐ ĐŽŵŵŽĚŝƟĞƐ ĐŽŵƉĂŶLJ ŝƐ ůŽŽŬŝŶŐ ĨŽƌ Ă ƐĞŶŝŽƌ ůĂǁLJĞƌ ǁŝƚŚ ƐƚƌƵĐƚƵƌĞĚ ƚƌĂĚĞ when an unknown printer took a galley of type and ĮŶĂŶĐĞĂŶĚŝŶƚĞƌŶĂƟŽŶĂůƚƌĂĚĞĞdžƉĞƌŝĞŶĐĞ͘zŽƵĂƌĞĞdžƉĞĐƚĞĚƚŽǁŽƌŬĐůŽƐĞůLJǁŝƚŚƚŚĞ ďƵƐŝŶĞƐƐĂŶĚďĞĂĐƟǀĞůLJŝŶǀŽůǀĞĚŝŶĚĞĂůĨŽƌŵĂƟŽŶ͕ŶĞŐŽƟĂƟŽŶƐĂŶĚĐůŽƐŝŶŐ͘ scrambled it to make a type specimen book. It has ZĞĨ͗ϭϵϲϭϮϭ ϭϯнLJĞĂƌƐ survived not only five centuries, but also the leap . into electronic typesetting, remaining essentially unMedia Singapore dŚŝƐ ůĞĂĚŝŶŐ ŵĞĚŝĂ ĐŽŵƉĂŶLJ ŝƐ ůŽŽŬŝŶŐ ĨŽƌ in ĂŶ ĂĚĚŝƟŽŶĂů ŵĞŵďĞƌ ŽĨ ƚŚĞ changed. It was popularised the 1960s with theƚĞĂŵ͘ ĂŶĚŝĚĂƚĞƐƐŚŽƵůĚŝĚĞĂůůLJŚĂǀĞƌĞůĞǀĂŶƚƉƌŝǀĂƚĞƉƌĂĐƟĐĞĂŶĚͬŽƌŝŶͲŚŽƵƐĞĞdžƉĞƌŝĞŶĐĞ release of Letraset sheets containing Lorem Ipsum ĨƌŽŵƚŚĞdDdͬ/WƐĞĐƚŽƌƐĂŶĚŚĂǀĞĞdžƉĞƌŝĞŶĐĞǁŽƌŬŝŶŐĨŽƌďƵƐŝŶĞƐƐĞƐŝŶƚŚĞƌĞŐŝŽŶ͘ passages, ZĞĨ͗ϭϵϱϱϬϭ and more recently with desktop publishing ϳнLJĞĂƌƐ software like. Aldus PageMaker including versions of Technology Singapore Lorem Ipsum. dŚŝƐ ŝƐ Ă ŶĞǁůLJ ĐƌĞĂƚĞĚ ƉŽƐŝƟŽŶ ĨŽƌ Ă ůĂǁLJĞƌ ǁŚŽ ǁŝůů ďĞ ƌĞƐƉŽŶƐŝďůĞ ĨŽƌ ƚŚĞ ůĞŐĂů ŶĞdžĐĞůůĞŶƚŽƉƉŽƌƚƵŶŝƚLJĨŽƌĂŶĞdžƉĞƌŝĞŶĐĞĚĚĞƌŝǀĂƟǀĞƐůĂǁLJĞƌƚŽũŽŝŶƚŚĞƚĞĂŵŽĨ ƚŚŝƐ ŐůŽďĂů ĮŶĂŶĐŝĂů ƐĞƌǀŝĐĞƐ ƉƌŽǀŝĚĞƌ͘ dŚĞ ǁŽƌŬ ǁŝůů ďĞ Ă ŵŝdžƚƵƌĞ ŽĨ ƌĞŐƵůĂƚŽƌLJ ĂĚǀŝƐŽƌLJ;ŽĚĚ&ƌĂŶŬ͕D/ZͿĂŶĚƚƌĂŶƐĂĐƟŽŶĂůĚĞƌŝǀĂƟǀĞƐ;ĐƌĞĚŝƚ͕&/ĞƚĐͿ͘ ZĞĨ͗ϭϵϲϲϴϭ ϱнLJĞĂƌƐ Disputes . Singapore dŚĞŝŶͲŚŽƵƐĞůŝƟŐĂƟŽŶƚĞĂŵŽĨƚŚŝƐŐůŽďĂůďĂŶŬŝƐůŽŽŬŝŶŐĨŽƌĂŵŝĚͲůĞǀĞůůĂǁLJĞƌǁŝƚŚ ĞdžƉĞƌŝĞŶĐĞ ŚĂŶĚůŝŶŐ ĐƌŽƐƐͲďŽƌĚĞƌ ĚŝƐƉƵƚĞƐ͘ ĂƐĞĚ ŝŶ ^ŝŶŐĂƉŽƌĞ͕ LJŽƵ ǁŝůů ŚĂŶĚůĞ ůŝƟŐĂƟŽŶƐ͕ĂƌďŝƚƌĂƟŽŶƐĂŶĚƌĞŐƵůĂƚŽƌLJŝŶǀĞƐƟŐĂƟŽŶƐĂĐƌŽƐƐƐŝĂ͘ ZĞĨ͗ϭϵϯϬϮϭ ϯͲϲнLJĞĂƌƐ European MNC . Singapore TŚŝƐǁĞůůĞƐƚĂďůŝƐŚĞĚůĞŐĂůƚĞĂŵŝƐůŽŽŬŝŶŐĨŽƌĂŐĞŶĞƌĂůĐŽƌƉŽƌĂƚĞĐŽŵŵĞƌĐŝĂůůĂǁLJĞƌ ƚŽƉƌŽǀŝĚĞůĞŐĂůƐƵƉƉŽƌƚĂŶĚĞdžĞĐƵƚĞůĞŐĂůƐƚƌĂƚĞŐLJǁŝƚŚŝŶ^͘ĂŶĚŝĚĂƚĞƐŵƵƐƚďĞ ĐĂůůĞĚƚŽƚŚĞĂƌŝŶ^ŝŶŐĂƉŽƌĞŽƌDĂůĂLJƐŝĂ͘ ZĞĨ͗ϭϵϳϬϰϭ ϰͲϴнLJĞĂƌƐ ƐƵƉƉŽƌƚ ƌĞůĂƚĞĚ ƚŽ ƚŚĞ ůŝĐĞŶƐĞ ĂŶĚ ĞŶĨŽƌĐĞŵĞŶƚ ŵĂƩĞƌƐ ŝŶ W ĨŽƌ Ă ůĞĂĚŝŶŐ ƚĞĐŚŶŽůŽŐLJĐŽŵƉĂŶLJ͘ĂŶĚŝĚĂƚĞƐƐŚŽƵůĚŚĂǀĞĂƚůĞĂƐƚϲLJĞĂƌƐ͛/WůŝƟŐĂƟŽŶĞdžƉĞƌŝĞŶĐĞ͘ ZĞĨ͗ϭϵϲϱϬϭ ϳнLJĞĂƌƐ Private Practice Roles Corporate . Singapore Corporate Real Estate . Singapore dŚŝƐŐůŽďĂůůĂǁĮƌŵ͕ǁŝƚŚĂůŽŶŐĞƐƚĂďůŝƐŚĞĚ^ŝŶŐĂƉŽƌĞƉƌĞƐĞŶĐĞ͕ƌĞƋƵŝƌĞƐĂŵŝĚͲůĞǀĞů ĐŽƌƉŽƌĂƚĞůĂǁLJĞƌŝŶůŝŶĞǁŝƚŚŐƌŽǁƚŚ͘zŽƵǁŝůůŚĂŶĚůĞƉƵďůŝĐĂŶĚƉƌŝǀĂƚĞDΘ͛ƐĨŽƌ ůŽĐĂůĂŶĚƌĞŐŝŽŶĂůĐůŝĞŶƚƐ͘džĐĞůůĞŶƚĐĂƌĞĞƌƉƌŽŐƌĞƐƐŝŽŶŽƉƉŽƌƚƵŶŝƟĞƐ͘ ZĞĨ͗ϭϵϳϭϲϭ ϰнLJĞĂƌƐ dŚŝƐƚŽƉŝŶƚĞƌŶĂƟŽŶĂůůĂǁĮƌŵŝƐŬĞĞŶƚŽŚŝƌĞĂWĂƌƚŶĞƌƚŽůĂƵŶĐŚĂŶĚƐƉĞĂƌŚĞĂĚŝƚƐ ƌĞĂůĞƐƚĂƚĞƉƌĂĐƟĐĞŝŶ^ŝŶŐĂƉŽƌĞ͘/ƚŝƐǀŝƚĂůƚŚĂƚLJŽƵŚĂǀĞŝŶƚĞƌŶĂƟŽŶĂůĐŽƌƉŽƌĂƚĞƌĞĂů ĞƐƚĂƚĞͬZ/dƐĞdžƉĞƌŝĞŶĐĞĂƐŽƉƉŽƐĞĚƚŽĚŽŵĞƐƟĐĐŽŶǀĞLJĂŶĐŝŶŐ͘ ZĞĨ͗ϭϵϳϬϳϭ WĂƌƚŶĞƌ Employment . Singapore Investigations / Disputes . Singapore Rare ŽƉƉŽƌƚƵŶŝƚLJ ĨŽƌ ĂŶ ĞŵƉůŽLJŵĞŶƚ ůĂǁLJĞƌ ƚŽ ũŽŝŶ ƚŚĞ ĞdžƉĂŶĚŝŶŐ ƚĞĂŵ ŽĨ ƚŚŝƐ ůĞĂĚŝŶŐŝŶƚĞƌŶĂƟŽŶĂůƉƌĂĐƟĐĞ͘^ƚƌŽŶŐĂĐĂĚĞŵŝĐĐƌĞĚĞŶƟĂůƐĂƌĞĞƐƐĞŶƟĂůĂŶĚŝĚĞĂůůLJ LJŽƵǁŝůůŚĂǀĞďŽƚŚĐŽŶƚĞŶƟŽƵƐĂŶĚŶŽŶͲĐŽŶƚĞŶƟŽƵƐĞŵƉůŽLJŵĞŶƚĞdžƉĞƌŝĞŶĐĞ͘ ZĞĨ͗ϭϵϳϭϮϭ ϯнLJĞĂƌƐ KƵƌ ĐůŝĞŶƚ ŝƐ ŽŶĞ ŽĨ ƚŚĞ ǁŽƌůĚ͛Ɛ ůĞĂĚŝŶŐ ůĂǁ ĮƌŵƐ͘ dŚĞLJ ĂƌĞ ĐƵƌƌĞŶƚůLJ ďƵŝůĚŝŶŐ Ă ĐŽŶƚĞŶƟŽƵƐ ĮŶĂŶĐŝĂů ƌĞŐƵůĂƚŽƌLJͬŝŶǀĞƐƟŐĂƟŽŶƐ ƉƌĂĐƟĐĞ ĂŶĚ ĂƌĞ ŬĞĞŶ ƚŽ ŚŝƌĞ Ă ^ŝŶŐĂƉŽƌĞͲƋƵĂůŝĮĞĚƐĞŶŝŽƌĂƐƐŽĐŝĂƚĞ͘džĐĞůůĞŶƚůŽŶŐͲƚĞƌŵĐĂƌĞĞƌƉƌŽŐƌĞƐƐŝŽŶ͘ ZĞĨ͗ϭϵϲϵϳϭ ϲнLJĞĂƌƐ Funds . Singapore Corporate / Regulatory . Singapore DĂƌŬĞƚůĞĂĚŝŶŐĨƵŶĚƐƚĞĂŵƌĞƋƵŝƌĞƐƚǁŽĂĚĚŝƟŽŶĂůůĂǁLJĞƌƐŝŶůŝŶĞǁŝƚŚŐƌŽǁƚŚ͘KŶĞ ƌŽůĞǁŝůůĨŽĐƵƐŽŶƌĞƚĂŝůĨƵŶĚƐ͖ƚŚĞŽƚŚĞƌŽŶƉƌŝǀĂƚĞĨƵŶĚƐͲďŽƚŚƌĞƉŽƌƟŶŐƚŽĂŵĂũŽƌ ŶĂŵĞǁŝƚŚŝŶƚŚĞŝŶĚƵƐƚƌLJ͘džĐĞůůĞŶƚĂĐĂĚĞŵŝĐƐƌĞƋƵŝƌĞĚ͘ ZĞĨ͗ϭϵϲϭϲϭ ϰнLJĞĂƌƐ dŚŝƐƚŽƉƌĂŶŬĞĚŝŶƚĞƌŶĂƟŽŶĂůůĂǁĮƌŵŚĂƐĂƵŶŝƋƵĞŽƉƉŽƌƚƵŶŝƚLJĨŽƌĂ^ŝŶŐĂƉŽƌĞĂŶͲ ƋƵĂůŝĮĞĚWĂƌƚŶĞƌ͘dŚĞLJĂƌĞŬĞĞŶƚŽŚŝƌĞĂŵĂƌŬĞƚƌĞŶŽǁŶĞĚŶĂŵĞǁŚŽĐĂŶƉƌŽǀŝĚĞ ďŽƚŚƌĞŐƵůĂƚŽƌLJĂĚǀŝĐĞĂůŽŶŐƐŝĚĞƐƚƌŽŶŐĐŽƌƉŽƌĂƚĞƚƌĂŶƐĂĐƟŽŶĂůĞdžƉĞƌŝĞŶĐĞ͘ ZĞĨ͗ϭϵϲϰϮϭ WĂƌƚŶĞƌ Litigation . Singapore Arbitration . Singapore dŚŝƐ ŝŶƚĞƌŶĂƟŽŶĂů ůĂǁ Įƌŵ ƌĞƋƵŝƌĞƐ Ă ĞdžƉĞƌŝĞŶĐĞĚ ĚŝƐƉƵƚĞƐ ůĂǁLJĞƌ ƚŽ ĨŽĐƵƐ ŽŶ ĐŽƌƉŽƌĂƚĞͬĐŽŵŵĞƌĐŝĂůůŝƟŐĂƟŽŶ͘ůůĂƉƉůŝĐĂŶƚƐŵƵƐƚďĞĐŽŵĨŽƌƚĂďůĞǁŽƌŬŝŶŐƵŶĚĞƌ ŵŝŶŝŵĂůƐƵƉĞƌǀŝƐŝŽŶĂŶĚǁŝůůďĞĐŽŶĮĚĞŶƚĐŽŶĚƵĐƟŶŐĂĚǀŽĐĂĐLJŽŶĂƌĞŐƵůĂƌďĂƐŝƐ͘ ZĞĨ͗ϭϵϳϭϴϭ ϰнLJĞĂƌƐ dŚŝƐŝŶƚĞƌŶĂƟŽŶĂůůĂǁĮƌŵŚĂƐĂŶĞdžŝƐƟŶŐĚŝƐƉƵƚĞƐƉƌĂĐƟĐĞĂŶĚŝƐŶŽǁŬĞĞŶƚŽŚŝƌĞĂ ĨƵƌƚŚĞƌ ^ŝŶŐĂƉŽƌĞĂŶͲƋƵĂůŝĮĞĚ ƉĂƌƚŶĞƌ ǁŚŽ ĐĂŶ ĐŽŵĞ ŝŶ ĂƐ ,ĞĂĚ ŽĨ ƌďŝƚƌĂƟŽŶ͘ ďƌŽĂĚͲƌĂŶŐŝŶŐƐĞĐƚŽƌĨŽĐƵƐŝƐŽĨŝŶƚĞƌĞƐƚ͕ĂƐǁŽƵůĚĐŽŶƐƚƌƵĐƟŽŶĞdžƉĞƌŝĞŶĐĞ͘ ZĞĨ͗ϭϵϮϯϮϭ WĂƌƚŶĞƌ KƵƌϮϬϭϰWƌŝǀĂƚĞWƌĂĐƟĐĞ^ŝŶŐĂƉŽƌĞ^ĂůĂƌLJ 'ƵŝĚĞΘDĂƌŬĞƚhƉĚĂƚĞŝƐĂǀĂŝůĂďůĞŶŽǁ͘ &ŽƌŵŽƌĞŝŶĨŽƌŵĂƟŽŶĐŽŶƚĂĐƚ ůĞdžtŝƐĞŵĂŶŽŶ+65 6420 0500 or alexwiseman@taylorroot.com &ŽƌWƌŝǀĂƚĞWƌĂĐƟĐĞƌŽůĞƐŝŶ^ŝŶŐĂƉŽƌĞĂŶĚ^ŽƵƚŚĂƐƚƐŝĂĐŽŶƚĂĐƚAlex WisemanŽŶ +65 6420 0500 or alexwiseman@taylorroot.com VŝƐŝƚƚĂLJůŽƌƌŽŽƚ͘ĐŽŵĨŽƌŽƵƌĨƵůůƐƵŝƚĞ ŽĨƐĂůĂƌLJƐƵƌǀĞLJƐĂŶĚŵĂƌŬĞƚƌĞƉŽƌƚƐ͘ &Žƌ/ŶͲ,ŽƵƐĞƌŽůĞƐŝŶ^ŝŶŐĂƉŽƌĞĂŶĚ^ŽƵƚŚĂƐƚƐŝĂĐŽŶƚĂĐƚHelen HowardŽŶ +65 6420 0500 or helenhoward@taylorroot.com WůĞĂƐĞŶŽƚĞŽƵƌĂĚǀĞƌƟƐĞŵĞŶƚƐƵƐĞWYƉƵƌĞůLJĂƐĂŐƵŝĚĞ͘,ŽǁĞǀĞƌ͕ǁĞĂƌĞŚĂƉƉLJ ƚŽĐŽŶƐŝĚĞƌĂƉƉůŝĐĂƟŽŶƐĨƌŽŵĂůůĐĂŶĚŝĚĂƚĞƐǁŚŽĂƌĞĂďůĞƚŽĚĞŵŽŶƐƚƌĂƚĞ ƚŚĞƐŬŝůůƐŶĞĐĞƐƐĂƌLJƚŽĨƵůĮůƚŚĞƌŽůĞ͘ taylorroot.com @TaylorRootLegal PART OF THE SR GROUP Brewer Morris | Carter Murray | Frazer Jones | SR Search | Taylor Root UK | EUROPE | MIDDLE EAST | Asia | AUSTRALIA | OFFSHORE taylor-root EA Licence Number: 12C6222 Appointments 60 $GYHUWLVHLQWKH /DZ*D]HWWH¶V $SSRLQWPHQWV VHFWLRQ savings, we understand As trustee of the nation’s In our hands we hold what it means to be trusted. real lives. and the future of real people You will also enjoy diverse training programmes that include developing for all we do. Trust is the starting point leadership skills, a friendly and nurturing work Your Role Provide legal advice ͻ on issues varying from Manage CPF Board’s ͻ IP and IT to divorce and in Law from a recognised A good Honours degree Ability to work well independently To apply Be Part of the MAS Help shape Singap Team ore’s financial landsc ape Capital Markets Departme nt Assistant Director/Associate (Legal), At the forefront of Enforcement (Ref: 30019402_620 a specialised area of practice, you will the enforcement of 11) be a member of a the team responsible for investigate potential civil penalty regime under the Securities market misconduct, and Futures Act conduct litigation on behalf of the MAS including insider trading and market (SFA). You will for the award of civil manipulation and penalties for market You can expect to misconduct. be enforcement agencies. challenged intellectually and professionally as you work at play, as you serve You will gain insight into how capital markets participants closely with other regulators and as the legal landscape an important part of MAS' enhanced operate, and the rules enforcement regime for this area of Law, Singapore as a financial under the SFA. Your and regulations which is fundamental work will shape centre and ensuring its continued growth. in safeguarding and enhancing the Requirements: reputation of UÊ Recognised Law Degree and admitted UÊ At least 1 to 3 years of Civil/Commer to legal practice in Singapore UÊ Willing to be a cial Litigation gation experience pioneer UÊ Ability to be innovative in an emerging area of practice and creative in solving problems Application: To apply, please log on to our career eer page att htt http://www.m http:/ p/ as.gov.sg/careers Information on the other positions is also soo av availab aavailable ailab ablle ab le at the Singapore Closing Date: 7 August Public Service Job 2011 Portal at www.careers. gov.sg. Based in and statutory bodies. implemented. with other government Opportunity to work ample training and development. Dedicated mentoring, ͻ PLEASE SEND DETAILED RESUME INDICATING LAST DRAWN AND EXPECTED SALARY WITH RECENT PHOTO THE OFFICE MANAGER, TO: M/S ROLAND TONG, 3 PICKERING STREET EMAIL: gkwan.bp@gm #02-22, SINGAPORE ail.com 048660. Asset & Singapo Avia tion external lawyers. Good work-life balance. ͻ ͻ ͻ LAW FIRM WITH SPECIALISED M&A PROJECT WORK REQUIRES: LEGAL ASSISTANT, 3 TO 8 YEARS PQE. MUST HAVE SOLID EITHER CORPORATE INTELLECTUAL PROPERTY OR LITIGATION DEPARTMENT. EXPERIENCE GAINED IS ESSENTIAL. TRAVEL SOUND KNOWLEDGE IN IS REQUIRED. OF RECENT IP CASE LAW DEVELOPMENT 2. PRIVATE SECRETARY FOR PRINCIPAL CLIENT, MINIMUM 10 YEARS SPOKEN, ORGANISED SECRETARIAL EXPERIENCE. AND HAVE EXCELLENT PC KNOWLEDGE AND POSITION. MUST BE WELL PR SKILLS TO FILL FAST PACED CONFIDENTIAL TOP MARKET REMUNERATIO N WILL BE PAID TO THE RIGHT CANDIDATE. probate. ͻ What We Require to be called university and be eligible to the Singapore Bar. AIRCRAFT Awards FIRM OF FINANCE LAW THE YEAR Gala as well as in a team. G NICHE BOUTIQUE 1. ATMD BIRD global associa & BIRD LLP tion with are highly Bird & self-mo Bird, tivated and ambitio is looking for IT lawyer individ us for the Corporate/C (for our following uals who IP & Techno ommercial (for our positions: Candid logy Practic Corporate/C Lawye ates e Group experience should have ommercialr ) Candid at in non-co Practic ates e Group ntentio least 2 years’ and should must have us Techno ) PQE, Candid logy-related preferably ate will corporate have 3 years’ been admitted be comme with advice. to practic comme PQE, with rcial matter expected to rcial work e in Singap telecom s, involvi work in broad such as experience and/or munica ore ng range of draftin tions also be mergers and licensin g, negotia IT, familiar and acquisiinterest in procurement, ting and telco and with Softwa g arrange tions and practice, advising Data exploit re licensin ments. Candid on advisor and will be g, System ation and ate must y exposed s Business and Hardw venture and regulatory to work Process a team capital Outsou are o investm matters, to mergerranging from rcing. and also f dedicated an ent work. s and acquisi corporate d suppo ATMD in Asia, with Bird & Bird’s rtive pr ’s corpor tions, and o Europe f compa e ate s nies engage clients include and Middle Technology sionals in A TMD B Media d in leading East. multi-n &B; and Telecom ational deep knowle edge comme s team and establis dge and Please submit busines rcial activiti hed transac s and industr tional experie your detailed es and ies. nce relating resume stating to our clients’ your experie nce, current 2 Shento and expecte n Way #18-01 d remun SGX Singap eration to: Tel: 653452 ore 068804 Centre 1 66 Fax: Email: atmdhr@two 62238762 For more information birds.com regarding ATMD , please visit www.tw obirds.com of trust and encourage We foster an environment We for effective teamwork. positive relationships develop with meaningful offer you the space to a total challenges. We adopt opportunities and fresh competitive remuneration, rewards focus comprising For ROLANDTON S O L I C I T O R S Fina nce Ass We are ocia te looking team. If for ambit you are aviation a newly ious, motivated winning and finance, do qualified or juniorand dynam ic lawye team on not rs to join top qualit miss thisoppo lawyer who our has rtunity y transa Stephenson to work an interest in ctions. with an dedicated Harwood award and estab is a 170 year team is lished aviati old intern recog client base. nised as ational a leadin on finance law firm and g provid er of legal aerospace witha group You will services to a world. Our skills are need to have wide an preferred excellent but not academic essential. Please record. subm Chinese juliana.teow it your CV langu age @shlegal.coand cover letter m. to Ms Julian a Teow at re www.shle One Raffles gal.com Place Singapor #12-00 Telephon e 048616 e +65 6226 1600 Fax +65 6226 1661 )RUHQTXLULHVSOHDVHFRQWDFW:HQG\7DQDW RUHPDLO ZHQG\WDQ#OH[LVQH[LVFRP R R Get better connected For more information or for a confidential discussion please contact: Rebecca Collins In-house Hires +65 6809 5082 | rebeccacollins@puresearch.com Jason Ji Private Practice Hires +65 6809 5085 | jasonji@puresearch.com Shulin Lee In-house Hires +65 6809 5083 | shulinlee@puresearch.com Alexandra Starke Private Practice Hires +65 6809 5086 | alexandrastarke@puresearch.com Pure Search - leaders in global search & selection | Singapore | Hong Kong | London | New York puresearch.com