CLIENT UPDATE
2015 JANUARY
Key Legislative and Regulatory
Developments in Singapore for the
Year 2014
This Update provides a brief summary of the key statutory and regulatory developments in Singapore for
the year 2014.
General
Protection from Harassment
The Protection from Harassment Act (“Act”) came into operation on
15 November 2014.
2014 The legislation was enacted to enhance the
protection of persons against harassment and
an anti-social behaviour
such as cyber bullying and unlawful stalking, by providing a range of
self-help
help and civil remedies as well as imposing criminal liability on
perpetrators who engage in such behaviour.
Most of the offences relating to harassment and anti-social behaviour
were previously covered by the Miscellaneous Offences (Public
(P
Order
and Nuisance) Act (“MOA”).
(“
The new Act has extended these offences
as well as introduced a new one, unlawful stalking, under a
consolidated legislation. With this, the
t corresponding offences in the
MOA had been repealed, and the common law tort of harassment had
been abolished. With this change, all civil proceedings for harassment
will now be brought under the new Act.
Online harassment is a growing phenomenon with potentially serious
consequences. Recently, a video of a tourist begging for a refund at a
Sim Lim Square mobile phone shop led to self-styled
self
online vigilantes
posting personal information and photos of the shop
s
owner Jover
Chew (“Jover”).
). They encouraged others to make prank calls, or even
show up at Jover’s residence. These actions could constitute breaches
of the Act.
For an overview of the structure of the Act, please refer to our Firm's
Update.
Prevention of Human Trafficking
The Prevention of Human Trafficking Bill was passed in Parliament on
3 November 2014. The Prevention of Human Trafficking Act (“Act”)
was gazetted on 29 December 2014 but no commencement date has
been fixed yet. The Act criminalises trafficking in persons (“TIP”)
(
and
related activities and is intended to constitute a dedicated anti-TIP
anti
legislation targeting TIP and related activities.
The definitions of the various forms of exploitation of trafficked
victims are largely based on relevant international treaties to which
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CLIENT UPDATE
2015 JANUARY
Singapore is a party, and the Model Law against Trafficking
Traffickin in Persons
developed by the United Nations Office on Drugs and Crime. The
elements of the offence of TIP are based on article 3(a) of the Protocol
to Prevent, Suppress and Punish Trafficking in Persons, especially
Women and Children, Supplementing the United
U
Nations Convention
Against Transnational Organised Crime. TIP is gender-neutral
gender
and the
consent of the trafficked victim (or of the parent or guardian, if the
victim is a child) is immaterial in determining whether the offence is
made out.
Transboundary
ndary Haze Pollution
The Transboundary Haze Pollution Bill was passed in Parliament on 5
August 2014. The Transboundary Haze Pollution Act (“Act”) came
into operation on 25 September 2014.
2014 Broadly, the law imposes
criminal and civil liability on entities
entit directly or indirectly contributing
to haze pollution in Singapore. The Act imposes both civil and
criminal liability when haze levels in Singapore pass a threshold of the
Pollutant Standards Index (PSI) of 101 or higher, for a lasting period of
24 hours
urs or more. The Act covers conduct occurring both within and
outside of Singapore, which is crucial in tackling the transboundary
nature of the haze pollution problem.
For more information on the Transboundary Haze Pollution Act,
please refer to the Firm’s
F
Update here.
Capital Markets
Market
Consultations on minimum trading price and enhanced enforcement
framework to strengthen securities market
On 17 September 2014, the Singapore Exchange (“SGX”)
(
issued two
consultation papers on the introduction of minimum trading price and
the enhancement of SGX’s enforcement powers, respectively. On the
first consultation paper, SGX has proposed
prop
to introduce a minimum
trading price (“MTP
MTP”) of S$0.20 for Mainboard-listed stocks
(including real estate investment trusts and business trusts). Issuers
that fail to record a 6-month
6
volume-weighted average price
(“VWAP”)
”) of S$0.20 or above at each of
o the quarterly watch-list
review dates (being the first market day of March, June, September
and December) will be placed on the watch-list
watch
for at least six months
until their trading activities improve and meet the conditions to exit
the watch-list.
list. In light
l
of the proposed introduction of the MTP
requirement and its designation as one of the criteria for entry into the
watch-list,
list, the SGX proposes to adjust the watch-list
watch
entry and exit
requirements to rationalise
rationalis the watch-list criteria with the MTP entry
and exit criteria. SGX targets to introduce the MTP requirement and
adjustments to the existing watch-list
watch
requirements by March 2015,
and for them to take effect from March 2016.
The other consultation paper dealt with the enhancement of SGX’s
enforcement
ement powers. In this regard, it has been proposed that SGX’s
range of enforcement powers be widened to include, amongst others:
(i) requiring issuers to obtain SGX’s prior approval, for a period not
exceeding 3 years, for the appointments of directors or executive
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© Rajah & Tann Singapore LLP
Contacts:
Cheng Yoke Ping
Partner
Capital Markets
D (65) 6232 0265
F (65) 6428 2196
yoke.ping.cheng@rajahtann.com
CLIENT UPDATE
2015 JANUARY
officers in specified circumstances; and (ii) extension of power to
require the appointment of special auditors and compliance advisers to
include appointment of other independent professionals, including
legal advisers.
ers. SGX also intends to establish three new committees
which will focus on listing applications and breaches of listing rules.
These three committees are the Listings Advisory Committee, the
Listings Disciplinary Committee and the Listings Appeals Committee.
Commit
SGX intends to implement these proposed amendments by the first
quarter of 2015.
The consultations have closed. SGX will issue its responses to the
feedback from the stakeholders in due course.
The proposals are discussed in more detail in our Firm’s Update which
can be accessed here.
here
Proposals to enhance REIT regulatory regime
On 9 October 2014, the Monetary Authority of Singapore (“MAS”)
issued a consultation paper (“Consultation
(“
Paper”) containing
proposals to strengthen Singapore’s real estate investment trust
(“REIT”)
”) market. These proposals are geared towards enhancing the
transparency and corporate governance of the REIT market and
improve its attractiveness to issuers and investors. The key proposals
in the Consultation Paper include: (i) imposing a statutory duty on the
REIT manager and its individual directors to prioritise the interests of
the unitholders over those of the REIT manager and its shareholders in
the event of a conflict of interest; (ii) enhancement of Board
independence requirements; (iii) disclosure in the REIT’s annual
report of (a) the remuneration policies and procedure for setting
remuneration of directors and executive officers; (b) the remuneration
of each individual director and Chief Executive Officer, on a named
basis, and (c) at least the top five key executive officers of the REIT
manager, on a named basis, in bands of S$250,000; (iv) requiring the
performance
mance fee payable to the REIT manager to be computed taking
into account the unitholders’ long-term
long
interests and the payment of
acquisition and divestment fees to be on a “cost recovery” basis and (v)
adopting a single-tier
tier leverage limit of 45% without the
t requirement of
a credit rating and allowing a REIT to undertake development
activities up to 25% of its deposited properties.
Evelyn Wee
Partner
Deputy Head, Corporate &
Transactional Practice
Head, Capital Markets
D (65) 6232 0724
F (65) 6428 2199
evelyn.wee@rajahtann.com
The consultation has closed. MAS will issue its responses to the
feedback from the stakeholders in due course.
Click here to refer to our Firm’s Update on the proposed
enhancements to REIT regulatory regime.
Corporate
Changes to the Companies Act
The Companies (Amendment) Bill, introduced in Parliament on 8
September 2014, was passed on 8 October 2014. The Companies
(Amendment) Act (“Act”)
(
was gazetted on 1 December 2014 but no
commencement date has been specified yet. The scope of the changes
in the Act is wide-ranging,
ranging, covering issues relevant to shares, directors,
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© Rajah & Tann Singapore LLP
Contact:
Terence Quek
Partner
Corporate Commercial
D (65) 6232 0277
F (65) 6428 2218
terence.quek@rajahtann.com
CLIENT UPDATE
2015 JANUARY
meetings,
tings, accounts and auditing, company registration and many
more. Some of the key amendments include the following: (i)
providing for multiple proxies (for shareholders providing custodial or
nominee services) to enable indirect investors to participate in
i
shareholders' meetings; (ii) abolition of the one-share-one
one
vote
restriction in public companies; (iii) reducing the scope of the financial
assistance prohibition; (iv) introduction of new "small company"
criteria for exemption from the statutory obligation
obligat
to have its
accounts audited; (v) the Accounting and Corporate Regulatory
Authority's Register becoming the definitive register of members for
private companies, and the definitive register of directors, chief
executive officers, secretaries and auditors
audito for both private and public
companies; and (vi) granting the Registrar of Companies the power to
debar any director or company secretary of a company which has failed
to meet statutory deadlines for lodging documents by more than 3
months.
Business Names
es Registration
The Business Names Registration Bill, introduced in Parliament on 8
September 2014, was passed on 8 October 2014. The Business Names
Registration Act (“Act
Act”) will come into operation on such date as the
Minister may appoint. It repeals and re-enacts with amendments the
Business Registration Act. The law aims to streamline the process for
the registration of persons and their business names, and reduce
regulatory burden on business owners in registering their respective
businesses. The keyy features of the Act include: (i) requiring a person
carrying on business in Singapore to be registered in respect of each
business name under which the person carries on business; (ii)
exempting registration when individuals carry on business only under
their full names; and (iii) preventing disclosure by the Registrar of
Business Names (“Registrar”)
(“
of a registered person’s residential
address if a valid alternate address is maintained with the Registrar.
Dispute Resolution Facilities
Establishment of the Singapore International Commercial Court
Contacts:
The Singapore International Commercial Court (“SICC”) was officially
launched on 5 January 2015.
2015 The SICC is a division of the Singapore
High Court and part of the Supreme Court of Singapore. It deals
primarily with international commercial disputes. SICC proceedings
will generally take place in open court, but parties may apply for
proceedings to be heard confidentially. In general, decisions of the
SICC will be appealable to the Court of Appeal, although parties are
allowed to contractually exclude or limit this right of appeal. The
existing
g Supreme Court judges and International Judges drawn from
key jurisdictions around the world comprise the panel of SICC judges.
Leong Kah Wah
Partner
Head, Dispute Resolution
The SICC - the first of its kind in Asia - will help to position Singapore
as a dispute resolution hub, together with the Singapore
Sing
International
Arbitration Centre, established in 1991, and the Singapore
International Mediation Centre launched in November last year.
The pertinent features of the SICC, as well as what parties should know
about dispute resolution before the SICC, are discussed in more detail
in the Firm’s Update here.
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© Rajah & Tann Singapore LLP
D (65) 6232 0504
F (65) 6428 2074
kah.wah.leong@rajahtann.com
CLIENT UPDATE
2015 JANUARY
Launch of the Singapore International Mediation Centre
The Singapore International Mediation Centre (“SIMC”)
(
was officially
launched on 5 November 2014 to focus on mediating international
commercial disputes. It has a panel of mediators comprising
experienced and respected mediators drawn from Africa, Asia,
Australasia, Europe as well as North and South America.
One of the significant innovations of the
t SIMC is the provision of an
Arbitration-Mediation
Mediation-Arbitration (AMA) service. In this three-stage
process that is jointly administered by the Singapore International
Arbitration Centre, a dispute may first be referred to arbitration and
then held in abeyance
ance while mediation is attempted. If the mediation
results in a settlement, the dispute reverts to arbitration for a consent
award. A consent award is generally accepted as an arbitral award and
enforceable in approximately 150 countries under the New York
Yor
Convention. If the parties are unable to settle their dispute through
mediation, they may continue with the arbitration proceedings.
Danny Ong
Partner
Deputy Head, Dispute Resolution
D (65) 6232 0260
F (65) 6428 2114
danny.ong@rajahtann.com
Family Justice Courts officially opened
The Family Justice Courts (“FJCs”)
(
were officially opened on 1
October 2014,, pursuant to the Family Justice Act which came into
operation on the same date. The FJCs were established to help
families resolve their disputes effectively and with a view to
minimising the stress and acrimony typically associated with family
disputes. This was one of the key recommendations made by the
Committee for Family Justice tasked to study
stud and recommend possible
reforms to Singapore's family justice system. The new FJCs comprise
the Family Courts and the Juvenile Courts, which has been renamed
"Youth Courts", and the Family Division of the High Court. The Family
Courts carry out the functions
functi
previously performed by the District
Courts and Magistrates' Courts in the Family and Juvenile Justice
Division of the State Courts. They hear all family proceedings except
cases under the Children and Young Persons Act, which are now heard
by the Youth
h Courts. The Family Division of the High Court hears
appeals against decisions of the Family Courts and the Youth Courts.
By bringing together all family-related
family
work under a specialised
umbrella of courts, the courts would be better equipped to resolve
disputes from the perspective of families
familie and the individuals
concerned
Subordinate Courts Renamed State Courts
The Subordinate Courts had been renamed as the State Courts with
effect from 7 March 2014.
2014 The relevant legislation and Practice
Directions were
re likewise amended.
Employment Law
Amendment of the Employment Act
A substantial number of provisions of the Employment, Parental Leave
and Other Measures Act (“Act”)
(“
came into effect on 1 April 2014. The
Act amends the Employment Act (“EA”)
(“
with respect to greatly
increasing the scope of its protection. Specifically, the provisions of
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© Rajah & Tann Singapore LLP
K. Muralidharan Pillai
Partner
Head, Commercial Litigation
D (65) 6232 0768
F (65) 6428 2123
k.murali@rajahtann.com
CLIENT UPDATE
2015 JANUARY
the EA (apart from Part IV of the EA which makes provisions for timetime
based conditions of employment) have been extended to cover persons
employed in a professional, managerial or executive position
(“PMEs”)
”) earning a monthly salary of up to S$4,500. What this means
is that PMEs are now covered under the general provisions of the EA,
including those which relate to redress against unfair dismissal, as
opposed to before, whereby PMEs were only granted very limited
protection by the EA. The salary
sala threshold for non-workmen such as
clerks and sales staff covered under Part IV of the EA has also been
increased from a basic monthly salary of S$2,000 to S$2,500.
Contacts:
Kala Anandarajah
Partner
Head, Competition &
Antitrust and Trade
Employment & Executive
Compensation
D (65) 6232 0111
F (65) 6428 2192
kala.anandarajah@rajahtann.com
Another key feature of the Act pertains to the minimum employment
period before an employee
emplo
can request for retrenchment benefits. This
minimum period will be reduced from 3 years to 2 years from 1 April
2015.
Fair Consideration Framework
From 1 August 2014,
2014 companies seeking to make employment pass
applications were required to advertise job vacancies on a new national
Jobs Bank administered by Singapore’s Workforce Development
Agency for at least 14 days. This requirement is part of the Singapore
Government’s Fair Consideration Framework, aimed at ensuring that
companies consider Singaporeans
Singapor
fairly for job vacancies before hiring
foreigners, particularly at the managerial and executive level, and to
put in place fair employment, hiring and staff development practices
that are open, merit-based
merit
and non-discriminatory.
Apart from the requirement
requi
to advertise on the national Jobs Bank,
companies are also expected to comply with the Tripartite Guidelines
on Fair Employment Practices. In particular, companies are required
to attract and consider Singaporeans for job positions on merit, and to
train and develop potential and careers of Singaporean employees.
Click here to refer to our Firm’s Update on the Fair Consideration
Framework.
Industrial relations: representation of executive employees for
collective bargaining
The Industrial Relations (Amendment) Bill was passed on 19 January
2015.. The Industrial Relations (Amendment) Act (“Act”)
(“
seeks to
update the current Industrial Relations
Rel
Act, in view of the increasing
proportion of PMEs in the workforce. The amendments are aimed at
the following main purposes: (i) to allow trade unions of employees the
majority of whose membership consists of non-executive
non
employees
(called rank-and-file
file trade unions) to represent executive employees
for collective bargaining except executive employees with specific
responsibilities; and (ii) to extend the areas where rank-and-file
rank
trade
unions can represent executive employees on an individual basis to
include re-employment
employment disputes. The Industrial (Amendment) Act is
expected to take effect on or after 1 April 2015.
In this regard, the Ministry of Manpower, the National Trades Union
Congress and the Singapore National Employers Federation released
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© Rajah & Tann Singapore LLP
Desmond Wee
Partner
Head, Corporate Commercial
Employment & Executive
Compensation
D (65) 6232 0474
F (65) 6428 2198
desmond.wee@rajahtann.com
CLIENT UPDATE
2015 JANUARY
two sets of Guidelines (see below) to help unions and employers adapt
to the changes that the Act will bring about.
abo
They will come into
operation concurrently with the Industrial (Amendment) Act.
Tripartite Guidelines on Extending the Scope of Union Representation
for Executives
The Tripartite Guidelines on Extending the Scope of Union
Representation for Executives
Executi
allows executives to be eligible for
collective representation, union membership and leadership, and also
allows them to be represented by rank-and-file
rank
trade unions at the
workplace. However, to avoid conflict of interest and the undermining
of management
ment effectiveness, executives with certain responsibilities
are excluded from representation by the unions. These include (i)
executives in senior management positions or those who have control
and supervision of major business operations; (ii) employees who have
the power to hire, terminate or discipline employees; and (iii) those
who have access to confidential information in relation to the
employer.
Tripartite Guidelines on Expanding
Representation for Executives
the
Scope
of
Limited
The Tripartite Guidelines on Expanding the Scope of Limited
Representation for Executives allows
allow rank-and-file unions which have
been accorded recognition to collectively represent rank-and-file
rank
employees to represent its executive members individually, and not as
a class,
s, for disputes in these areas: (i) retrenchment benefits; (ii)
dismissal; (ii) breach of individual contract; (iii) victimisation; and (iv)
re-employment.
Re-employment
employment ceiling age to be raised from 65 to 67
On 29 September 2014, the Ministry of Manpower released the
Tripartite Advisory on Re-employment
Re
of Employees from Age 65 to
67. The Advisory encourages employers to proactively plan for and rere
employ as many as their older employees between 65 and 67 years as
possible in suitable jobs with reasonable
re
terms and conditions. The
current re-employment
employment age ceiling in Singapore is 65 years.
Issuance of itemised payslips
On 13 January 2014, the Ministry of Manpower (“MOM”)
(“
and the
tripartite partners issued a set of Tripartite Guidelines on Issuance of
Itemised Payslips. This seeks to guide employers in issuing payslips
that must itemisee the employees’ salary components such as the basic
salary, allowances, overtime pay, net salary and employer’s CPF
contribution. The payslips also serve to document receipt of the
salaries and facilitate the resolution of any salary dispute. The MOM
intends to make the practice of itemised payslips compulsory within
the next two years for all employers.
Issuance of Key Employment Terms (KETs) in Writing
On 16 December 2014, MOM and the tripartite partners issued a set of
Tripartite Guidelines on the Issuance of Key Employment Terms
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© Rajah & Tann Singapore LLP
CLIENT UPDATE
2015 JANUARY
(“KETs”)
”) in Writing (“KET
(“
Guidelines”). The issuance of the KET
Guidelines follows from the announcement by the
th then Acting Minister
for Manpower, Mr Tan Chuan-Jin
Chuan
on 24 April 2014 that, together with
the issuance of itemised payslips, MOM will impose on all employers a
mandatory obligation to provide their employees with written key
employment terms (such as salary,
sala
duties and responsibilities, and
working hours, etc). The issuance of KETs will be made mandatory in
the first half of 2016.
An Update was issued discussing in more detail the KET Guidelines.
To view this Update, click here.
Employment Tribunals
2014 also saw the idea of employment tribunals being mooted, and
plans have been made to make this a reality in 2015. The proposed
Employment Claims Tribunal will be ready in 2015 to help PMEs
earning more than S$4,500 a month settle disputes with their
employers as well as to minimise the incidence of disputes. The
Tribunal will provide workers with an expeditious and affordable
mechanism
anism for dispute resolution, regardless of their salary levels or
union membership..
Intellectual Property and Technology
Amendments to Copyright Act to address Online Piracy
The Copyright (Amendment) Act (“Act”)
(“
came into operation on 10
December 2014.. The Act aims to protect copyright owners against
pirate websites through judicial measures. The most significant of
these
new measures allows content rights holders to apply directly to the
courts for an injunction to block sites which “clearly and flagrantly”
flag
infringe copyright. The Act provides for a non-exhaustive
non
list of factors
to help define a “flagrantly infringing online location”. One such factor
would be whether the website’s primary function is to commit or
facilitate copyright infringement, or
o whether the owner of the website
demonstrates a disregard for copyright.
The key features of the Act are discussed in more detail in the Firm’s
Update here.
Contacts:
Lau Kok Keng
Partner
Head, Intellectual Property,
Sports and Gaming
D (65) 6232 0765
F (65) 6428 2118
kok.keng.lau@rajahtann.com
Wendy Low
Partner
Intellectual Property,
Entertainment & Media
D (65) 6232 0782
F (65) 6428 2143
wendy.low@rajahtann.com
A new and enhanced regime for the protection of Geographical
Indications in Singapore
The Geographical Indications Bill, introduced in Parliament on 5
March 2014, was passed on 14 April 2014. The Geographical
Indications Act (“Act
Act”) will come into operation on such date as the
Minister may appoint. It repealed and re-enacted
re
the previous
Geographical Indications Act to enhance the existing regime for the
protection of geographical indications (“GIs”).
(“
The enhancement of
the legislation is part of Singapore’s commitments under the recentlyrecently
concluded European Union-Singapore
Union
Free Trade Agreement (“USSFTA”). One of the key enhancements is the establishment of a
8
© Rajah & Tann Singapore LLP
Nicholas Lauw
Partner
Intellectual Property,
Entertainment & Media
D (65) 6232 0772
F (65) 6428 2138
nicholas.lauw@rajahtann.com
CLIENT UPDATE
2015 JANUARY
Registry of GIs under the Intellectual Property Office of Singapore.
Another key feature of the Act relates to actions that may be brought
by interested parties for certain uses of GI by other parties. For
example, an action may be brought where there is use of a GI in
relation to any goods which does not actually originate in the place
indicated by the GI, in a manner which is likely to mislead the public as
to the true geographical origin of the goods. In addition, any use of a
GI which constitutes an act of unfair competition within the meaning
of Article 10 bis of the Paris Convention may also form a basis for
which an action can be brought under the Act.
For a more detailed discussion of the key features of the Geographical
Indications Bill, click our Firm’s Update here.
10-year
year Infocomm Media Masterplan 2025
On 30 March 2014, the Infocomm Media Masterplan Steering
Committee issued a consultation document setting out the vision to
grow and transform Singapore's Infocomm and Media ("ICM")
("
sectors
(“Masterplan”).. The goal of the Masterplan is to establish Singapore
as a Smart Nation that will lead the world in tapping the potential of
ICM and nurture innovative talent and enterprises. As a clear sign of
the pervasiveness of the ICM sectors in Singapore, the Masterplan will
focus on the key pillars of infrastructure development, talent
development, industry development
de
and economic / social
transformation through ICM. The consultation exercise ended on 30
September 2014. On 30 December 2014, the Infocomm Media
Masterplan Steering Committee issued a press release to publish the
findings from the consultation exercise,
ex
summarised in a Consultation
Closing Summary Booklet. Feedback was obtained from more than 570
respondents on the proposed vision and outcomes, as well as the 13
preliminary Masterplan ideas: Above Ground Box, Data Marketplace,
Digital Harbour, Heterogenous
Het
Network, Media Service for NextGeneration
Seniors,
Self
Self-Sustaining
Start-up
Ecosystem,
Computational Thinking as a National Capability, Open and
Accelerated Professional Development, Community Time Exchange,
Smart Health-Assist,
Assist, and Urban Logistics.
Logist
The Masterplan is expected
to be completed in 2015.
Rajesh Sreenivasan
Partner
Head, Technology,
Media & Telecommunications
D (65) 6232 0751
F (65) 6428 2204
rajesh@rajahtann.com
For more information on the Consultation Paper, please refer to the
Firm's Update here.
here
New Legal Framework to Regulate Remote Gambling
The Remote Gambling Bill, introduced in Parliament on 8 September
2014, was passed on 7 October 2014. The Remote Gambling Act
(“Act”),
”), which is expected to take effect this year, governs gambling
activities which are conducted not just over the Internet, but also
through the telephone, interactive television, radio or any other
communication technology (collectively referred to as ‘remote
‘re
communication’). Under the Act, remote gambling is rendered illegal
unless the specific exemptions apply. The Act not only affects
individuals based in Singapore, but also extends extra-territorially
extra
to
cover remote gambling operators and their agents based locally and
abroad.
9
© Rajah & Tann Singapore LLP
Lau Kok Keng
Partner
Head, Intellectual Property,
Sports and Gaming
D (65) 6232 0765
F (65) 6428 2118
kok.keng.lau@rajahtann.com
CLIENT UPDATE
2015 JANUARY
The law also provides for a tightly controlled licensing regime which
restricts the number of gambling services to the Singapore market.
One of the factors that will be considered in issuing a certificate of
exemption is whether the applicant is a non-profit
non
entity that
distributes its funds for public, social or charitable purposes in
Singapore. The exempt operators will be subject to certain conditions
which may be imposed by the Minister as appropriate.
Click here to refer to the Firm’s Update on the key features of the
Remote Gambling Bill.
IDA Public Consultation and Decision on International Mobile
Telecommunications
On 22 April 2014, the Infocomm Development Authority of Singapore
(“IDA”) issued a public consultation on “Proposed Allocation of
Spectrum for International Mobile Telecommunications (IMT) and
IMT-Advanced
Advanced Services and Options to Enhance Mobile Competition”
(“Public
Public Consultation”).
Consultation Specifically on the 1.9 GHz/2.1 GHz bands
(“3G bands”),
”), IDA sought
sou
views on allowing the deployment of 4G
and IMT-Advanced
Advanced systems and services in the 3G bands prior to the
expiry of the 3G Spectrum Rights. Previously, on 2 January 2014, IDA
had issued an Information Paper detailing the “Short Term
Assignment of Unassigned
Unass
Spectrum in the 2.3 GHz and 2.5 GHz TDD
Spectrum Bands” to indicate that the Time Duplex Division (TDD)
bands may be made available on a short term basis through existing
frameworks, including IDA’s Market Trial or Technical Trial
frameworks. On the policy options for competition enhancement, IDA
is exploring possible approaches through the Public Consultation for
facilitating the entry of Mobile Virtual Network Operators (“MVNOs”)
(“
into Singapore. In IDA’s 4G spectrum auction in 2013, IDA had set
asidee spectrum for a new mobile network operator to enter the market.
Although no new operator came in, IDA remains open to facilitating
the entry of new players into the mobile market, if there is industry
interest.
On 12 December 2014, IDA released its Decision
Deci
to allow the
deployment of 4G and IMT-Advanced
IMT
systems and services in the 3G
bands, prior to the expiry of the 3G Spectrum Rights in 2021. This
decision took immediate effect. A 3G Spectrum Right holder intending
to deploy 4G and IMT-Advanced
IMT
systems and services using the 3G
bands is required to seek IDA’s approval for the specific radio
frequencies that it proposes to use under its 3G Spectrum Right for
purposes of such deployment before deploying systems and services
consistent with the definition of 4G in IDA’s decision on Framework
for the Reallocation of Spectrum for 4G Telecommunication Systems
and Services (“4G
4G Decision”),
Decision issued on 16 January 2013. In IDA’s
4G Decision, IDA defined 4G as “a cellular mobile communications
system capable of evolving
evol
to achieve the targeted peak data rates of
100 Mbits/s for high mobility and 1 Gbit/s for low mobility as defined
by ITU-IMT-Advanced;
Advanced; meeting at the minimum the standards and
specifications of either LTE (i.e. 3GPP Release 8), or WiMax (i.e. IEEE
802.16-2009)
2009) or standards / specifications recognised as ITU-IMTITU
Advanced by the ITU.”
IDA is assessing the responses to the rest of the Public Consultation,
and is targeting to release its decision in early 2015.
10
© Rajah & Tann Singapore LLP
Rajesh Sreenivasan
Partner
Head, Technology,
Media & Telecommunications
D (65) 6232 0751
F (65) 6428 2204
rajesh@rajahtann.com
CLIENT UPDATE
2015 JANUARY
Life Sciences
Consultation on Human Biomedical Research Bill
Contacts:
The Ministry of Health conducted a public consultation on the draft
Human Biomedical Research Bill ("HBR
("
Bill") from 6 November
2014 to 18 December 2014. The HBR Bill is intended to be enacted in
2015.
Lim Wee Hann
Partner
Head, Mergers & Acquisitions
The aim of the HBR Bill is to enhance the international reputation of
Singapore's biomedical research community and also to provide
greater clarity regarding the differentiated roles and responsibilities of
the various stakeholders involved in human biomedical research. It
will also ensure that Singapore's human biomedical research activities
are carried out
ut in accordance with global standards of research and
ethical practices.
The HBR Bill will, in particular, give greater protection to the safety
and well-being
being of research participants, help regulate the various
categories of restricted research, protect the safety of tissue donors,
and prohibit the commercial trading of human tissues regardless of
whether such human tissues are used in research.
Proposed subsidiary legislation for the transfer of controls of
pharmaceutical products (to be introduced as “therapeutic products”)
to Health Products Act
The Health Sciences Authority (“HSA”)
(“
conducted a public
consultation from 27 October 2014 to 23 November 2014 on the
proposed transfer and consolidation of existing regulatory controls of
pharmaceutical products
prod
from the Medicines Act and the Poisons Act
to the Health Products Act (“HPA”).
(“
Bringing such products under the
ambit of the HPA will provide enhanced clarity to the different
stakeholders as they need only refer to one piece of legislation as
opposed to multiple pieces under the current regime.
As the regulatory regime stands, medical devices and cosmetic
products have recently been brought under the ambit of the HPA.
Now, the proposal is to do the same for pharmaceutical products,
which will be regulated
regu
under the HPA as “therapeutic products”. A
“therapeutic product” (“TP”)
(“
is defined as a health product that is
intended for therapeutic, preventive, palliative or diagnostic purposes.
Its scope includes chemical and biological drugs.
As part of the consultation exercise, the HSA issued the Health
Products (Advertisement of Therapeutic Products) Regulations and
Health Products (Licensing of Retail Pharmacies) Regulations to
introduce changes including: (i) the removal of the existing permit
system for advertisements of TPs to allow advertisers to self-regulate
self
based on broad principles and requirements; (ii) requiring all directdirect
to-consumers
consumers advertisements of Pharmacy Only Medicines to carry
advisories / warnings as required by the HSA; and (iii) the inclusion
i
of
provisions on telepharmacy by licensed retail pharmacies in the HPA.
Another public consultation will be conducted in the near future on
two additional pieces of subsidiary legislation on the licensing regime
of TPs and their dealers, as well as that of clinical controls.
11
© Rajah & Tann Singapore LLP
D (65) 6232 0606
F (65) 6428 2201
wee.hann.lim@rajahtann.com
Rebecca Chew
Partner
Medical Law
D (65) 6232 0416
F (65) 6428 2002
rebecca.chew@rajahtann.com
CLIENT UPDATE
2015 JANUARY
Personal Data Protection
The Personal Data Protection Act (“PDPA”)
(“
was introduced in 2012 as
a baseline legislation to govern the collection, use and disclosure of
personal data in Singapore. The provisions of the PDPA relating to the
Do Not Call (“DNC
DNC”) Registry came into effect on 2 January 2014
and the provisions relating
re
to the main data protection on 2 July
2014.
Contact:
In 2014, the Personal Data Protection Commission (“PDPC”),
(“
the
agency that administers and enforces the PDPA, issued sector-specific
sector
advisory guidelines to address the unique circumstances faced by the
relevant
elevant industries. The Advisory Guidelines for Telecommunication
Sector and the Advisory Guidelines for the Real Estate Agency Sector
were published on 16 May 2014, while those for the Education Sector,
Healthcare Sector and Social Service Sector were published
pub
on 11
September 2014. PDPC is also collaborating with other industry
representatives from sectors such as banking and life insurance to
develop sectoral guidelines.
D (65) 6232 0751
F (65) 6428 2204
rajesh@rajahtann.com
Click here to access the Firm’s Update on the PDPC-initiated
PDPC
public
consultations on personal data protection for the telecommunication
sector. For more details on the Advisory Guidelines for the Real Estate
Agency Sector, please refer to this Update.
On 11 September 2014, PDPC also inserted a new chapter on
photography in the existing Advisory Guidelines on the Personal Data
Protection Act for Selected Topics. These Advisory Guidelines
elaborate on how the PDPA applies to particular issues
i
and domains.
The PDPC also issued the Personal Data Protection (Enforcement)
Regulations 2014 (“Regulations”)
(“
which took effect on 2 July 2014.
The Regulations set out the process, procedure and applicable fees for
a review application or a reconsideration
reconsid
application under the PDPA.
On 27 August 2014, Star Zest Home Tuition Pte Ltd and its director,
Law Han Wei, were the first offenders to be fined S$39,000 each, for a
total fine of S$78,000.
$78,000. Both Star Zest and its director had faced a total
of 26 counts of contravening section 43(1) of the PDPA (failing to
check the Do Not Call Register before sending a specified message)
with 48 other similar offences taken into consideration. Two other
organisations accepted offers to compound their offences relating
rel
to
the sending of telemarketing messages to Singapore telephone
numbers registered with the DNC Registry in lieu of prosecution. The
composition amounts ranged between S$500 and S$1,000. On 20
October 2014, property agent Kuan Chow Sheng was fined S$27,000
for breaching the Do Not Call provisions. He pleaded guilty to nine
charges of failing to check the Do Not Call Register before sending a
specified message (PDPA s 43(1)), and had 18 other charges taken into
consideration.
Real Estate
Amendments to Land Titles Act: changes pertaining to easements and
caveats
The Land Titles (Amendment) Act (“Act”)
(“
came into operation on 15
August 2014.. Some of the key changes brought about by the Act
12
© Rajah & Tann Singapore LLP
Rajesh Sreenivasan
Partner
Head, Technology,
Media & Telecommunications
CLIENT UPDATE
2015 JANUARY
pertain to easements and caveats. With respect to easements, the Act
empowers the court to create an easement if the easement is
reasonably necessary for the effective use or development of other
land. The court may also vary or extinguish existing easements if it is
satisfied that: (i) the continued existence of the easement will, unless
varied or extinguished, impede the development
develo
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.
Contact:
Lina Chua
Partner
Corporate Real Estate
D (65) 6232 0256
F (65) 6428 2179
lina.chua@rajahtann.com
In so far as caveats are concerned, the previous legislation was
amended to place the burden of justifying an interest in the property
on the person who filed the caveat by making it a requirement for the
caveator, when challenged, to obtain a court order against cancellation
canc
of the caveat if the caveator wishes to maintain the caveat.
Changes to Land Acquisition Act
The Land Acquisition Act has been amended to provide for
management corporations to be entitled to act on behalf of unit owners
when common property is compulsorily acquired. This change took
effect from 29 September 2014.
2014
The law has also been amended to provide that where the value of any
remaining land of a claimant for compensation is increased because of
the use to which the land acquired will be put, that increase may be
set-off
off only against the amount of compensation that would otherwise
be payable for severing the claimant’s land or for injurious affection, or
both. This change came into operation on 7 July 2014.
Tax
Inclusion of Singapore in list of jurisdictions treated as having a
Model 1 IGA with the United States
Under the US Foreign Account Tax Compliance Act (“FATCA”),
(“
foreign financial institutions (“FFIs”)
(“
are required to provide the
United States (“US
US”) Internal Revenue Services (“IRS”) with
information about financial accounts held by certain US persons, or
will otherwise be subject to a punitive 30% withholding tax on USUS
source Fixed,, Determinable, Annual, or Periodical (FDAP) income and
the gross sales proceeds from the disposal of US assets.
On 6 May 2014, the Singapore Ministry of Finance (“MOF”),
(“
the
Monetary Authority of Singapore (“MAS”)
(“
and the Inland Revenue
Authority of Singapore
Sing
(“IRAS”) jointly issued a press release
announcing that Singapore and the US have substantially concluded
discussions on the long-awaited
long
Model 1 Intergovernmental
Agreement (“IGA”)
”) that will facilitate compliance with FATCA by
financial institutions in Singapore. Under the IGA, FFIs in Singapore
are not required to enter into individual FFI agreements with the IRS,
but will instead report information on US account holders directly to
the IRAS. IRAS will in turn provide the information directly to the US
IRS. The FATCA Model 1 IGA was signed on 9 December 2014
between Singapore and US.
13
© Rajah & Tann Singapore LLP
Contact:
Vikna Rajah
Partner
Tax
D (65) 6232 0597
F (65) 6428 3494
vikna.rajah@rajahtann.com
CLIENT UPDATE
2015 JANUARY
Singapore-based
based FIs were given time up to 31 December 2014 to
register with the US IRS as a “Registered Deemed-Compliant
Deemed
FFI” and
obtain a Global Intermediary Identification
Identif
Number (GIIN).
In October last year, the MOF, MAS and IRAS conducted a public
consultation exercise to gather public feedback on: (i) the draft Income
Tax (International Tax Compliance Agreements) (United States of
America) Regulations 2014, which sets out the due diligence and
reporting obligations of Singapore-based
Singapore
FIs in relation to the FATCA
IGA; and (ii) the draft FATCA e-Tax
e
Guide, which provides further
explanation of those obligations. Responses to the public consultation
will be published in due course.
Exchange of Information for Tax Purposes
At the meeting of the Global Forum on Transparency and Exchange of
Information for Tax Purposes (“GFTEI”)
(“
held on 28 and 29 October
2014 which comprises of 123 jurisdictions including Singapore, the
th
GFTEI adopted the 2012 update to Article 26 of the OECD Model Tax
Convention and its Commentary (“2012
(“
Update”) for incorporating
into the Terms of Reference for evaluating the exchange of tax
information. As a result, requests for information on a group of
taxpayers not individually identified but which have certain common
characteristics in common and as described in the 2012 Update
(“Group Requests”)
Requests are regarded as coming within the scope of
Exchange of Information (“EOI”)
(“
requests based on the
internationally
ationally agreed Standard for EOI for tax purposes (“EOI
(“
Standard”).
With effect from 28 November 2014, Singapore has amended its laws
to put in place the legislative framework to deal with Group Requests.
With this amendment, Singapore is now able to assist with Group
Requests from our treaty partners, subject to reciprocity.
Income Tax Act amended to implement tax changes in 2014 Budget
Statement
The Income Tax Act was amended to implement the tax changes in the
2014 Budget Statement. The key features
featur
of the Income Tax
(Amendment) Bill, which was passed on 3 November 2014, include the
following:
•
•
•
•
14
The Productivity and Innovation Scheme (“PIC”)
(“
has been
extended for three years until YA 2018.
2018
The enhanced deduction of 50% for qualifying expenditure
incurred on qualifying research and development (“R&D”)
(“
activities has been extended for five years until YA 2025; the
period in which an enhanced deduction of 250% and 300%
of qualifying R&D expenditure may be allowed is extended
until YA 2018.
2018
The 100% tax deduction for qualifying intellectual property
(“IP”)
”) registration costs has been extended for five years
until 2020; the period in which an enhanced deduction for
such costs may be allowed has been extended until YA 2018.
2018
The Land Intensification
Int
Allowance (“LIA”) scheme has
been extended for 5 years until 30 June 2020 to encourage
businesses to continue to optimise land use in Singapore.
© Rajah & Tann Singapore LLP
CLIENT UPDATE
2015 JANUARY
•
The withholding tax requirement for certain payments made
to Singapore branches of non-resident
non
companies in respect
of obligations arising on or after 21 February 2014 have been
waived.
The provisions of the Income Tax (Amendment) Act came into
operation on various dates.
Goods and Services Tax
The Goods and Services Tax (Amendment) Bill, introduced on 8
September 2014, was passed on 8 October 2014. The Goods and
Services Tax (Amendment) Act (“Act”)
(“
came into operation on 1
January 2015.. The principal Act has been amended to provide the
situation where any goods, intellectual property rights
right (“IPRs”) or
license to use any IPRs is held by a bare trustee of a non-legal
non
entity
(“NLE”),
”), such as persons carrying on the business in partnership, a
club, an association, a society or an organisation. Previously, such
NLEs were unable to claim input tax
t on supplies made to the bare
trustee. To put NLEs on par with legal entities with regard to the
supplies relating to goods, IPRs and licenses to use IPRs, supplies of
the same made to and supplies relating to the same made by the bare
trustees on behalf of such NLEs are deemed to be made to and made
by the NLEs, respectively. Consequently, such NLEs can claim input
tax and are required to charge output tax vis-à-vis
vis
the deemed
supplies.
Another key change relates to the claiming of input tax of processed
processe
goods. The Minister for Finance is empowered to make regulations
providing for the claiming of input tax by a taxable person on the
amount of goods and services tax paid on the re-importation
re
of goods
that were previously exported by the taxable person for
f the valueadded process to be performed on the goods.
Stamp Duties
The Stamp Duties (Amendment) Bill, introduced in Parliament on 8
September 2014, was passed on 8 October 2014. The Stamp Duties
(Amendment) Act (“Act”)
(“
came into operation on 1 January 2015. It
extends the Seller’s Stamp Duty (“SSD”)
(“
relief to the disposal of
industrial property for the purposes of transactions relating to the
reconstruction or amalgamation of companies, transfer, conveyance or
assignment of assets between associated
associ
entities, conversion of a firm
to a limited liability partnership, or the conversion of a private
company to a limited liability partnership. This change took
retrospective effect from 12 January 2013 when the SSD on industrial
properties was introduced.
introduc
The Act also gives the Commissioner of
Stamp Duties the power to dispense with the requirement for a
taxpayer to lodge a claim for stamp duty refund or surrender original
instruments for cancellation of the stamp duty certificate.
15
© Rajah & Tann Singapore LLP
CLIENT UPDATE
2015 JANUARY
White-Collar
Collar Crime / Transnational
Crime
Anti-Money
Money Laundering and Prevention of Terrorist Financing
To reduce the risk of money laundering and terrorism financing in
Singapore, the Corruption, Drug Trafficking and Other Serious Crimes
(Confiscation of Benefits) Act (“CDSA”)
(
was amended on 1
September 2014.
2014 One of the key changes relates to the removal of
the dual criminality
lity requirement for tax evasion offences covered
under the CDSA. This will enable certain types of foreign tax offences
to be treated as foreign predicate offences regardless of whether the
foreign tax concerned is of a type that is imposed in Singapore. The
Suspicious Transaction Reporting Office has also been established to
receive and analyse information disclosed, submitted or filed with a
Suspicious Transaction Reporting Officer.
The cross-border
border cash movement threshold has been lowered. With
effect from 1 September 2014,
2014 it is an offence to move cash
exceeding S$20,000 into or out of Singapore without making the
requisite declaration to authorities. The previous threshold was
S$30,000.
Contacts:
Hamidul Haq
Partner
Head, White-Collar Crime
D (65) 6232 0398
F (65) 6428 2116
hamidul.haq@rajahtann.com
Chee Kun Thong
Partner
White-Collar Crime
D (65) 6232 0156
F (65) 6428 2116
chee.kun.thong@rajahtann.com
The CDSA has also introduced a cash transaction reporting regime
whereby persons involved in certain cash transactions are required to
perform customer due diligence measures and implement internal
control measures. Dealers in precious stones and precious metals are
now regulated under the Corruption, Drug Trafficking and Other
Serious Crimes (Cash Transaction Reports) Regulations 2014 which
came into operation on 15 October 2014. Such dealers are required
to file a cash transaction report in a prescribed form when
whe they
conduct any cash transaction exceeding S$20,000 that involve
precious stones, precious metals or precious products. They must also
carry out customer due diligence to determine the identity of the
customer or the third party on whose behalf the customer
cust
is acting.
Mutual Assistance in Criminal Matters
The Mutual Assistance on Criminal Matters (Amendment) Act (“Act”)
(“
came into operation on 1 September 2014. The amendments will
enable Singapore to provide mutual legal assistance to other countries
more efficiently and become a stronger partner for international
cooperation to fight transnational crime. The dual criminality
requirement present in the previous
previou legislation has been removed for
non-coercive
coercive types of assistance which neither attract penal
consequences for non-compliance
non
nor adversely affect the property
rights of individuals. Another key feature of the Act is the widening of
scope of mutual legal assistance that Singapore can provide.
Previously, Singapore could assist in the enforcement and satisfaction
of a foreign confiscation order through an “instrumentality forfeiture
order”. However, this was only limited to drug offences. With the
coming into
nto operation of the Act, mutual legal assistance has now been
expanded to include forfeiture of instrumentalities arising from all
serious offences.
16
© Rajah & Tann Singapore LLP
Yusfiyanto Bin Yatiman
Partner
White-Collar Crime
D (65) 6232 0787
F (65) 6428 2277
yusfiyanto.yatiman@rajahtann.com
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