Legal Service Commission
Annual Report 2008
LEGAL
SERVICE
COMMISSION
A n n u al R e p o r t 2 0 0 8
Legal Service Commission
Annual Report 2008
OUR MISSIOn
The mission of the Legal Service Commission is
to maintain a dedicated corps of officers with
integrity and ability to staff the Judiciary, the
Attorney-General’s Chambers and the Legal
Service departments of various Ministries
and other arms of Government.
CONTENTS
02
Foreword by the President,
Legal Service Commission
04
22
Advancing the Rule of Law
80
Leadership
Special Feature, Programmes
and Milestones
14
100
Organisational Excellence
Pride in Service
Foreword by
The President,
Legal Service Commission
Amid the global financial turmoil, the Legal Service can expect greater challenges in the
coming months as we manage the legal, regulatory and ethical fallout from this rapidly
unfolding crisis.
The current economic and financial turbulence underlines the fact that the Legal Service
operates in a constantly evolving environment. To successfully discharge our constitutional
responsibilities, we must be dynamic and responsive to change. That is why we have
embarked on the first-ever Scenario Planning Exercise for the Legal Service, headed by a
team of senior Legal Service Officers with guidance from Attorney-General Prof Walter
Woon, Justice V K Rajah, Justice Lee Seiu Kin, Dr Philip Pillai, Mr Lucien Wong and Mr
Lee Tzu Yang. The exercise will assist our long-term planning efforts by identifying and
analysing the “driving forces” of change in the legal environment, making us more alert to
shifts in trends and allowing us to plan for uncertainties more quickly and efficiently.
Chan Sek Keong
President, Legal Service Commission
Regardless of what the future holds, the
Singapore Legal Service will always be
defined by the quality of its officers. It
takes a special kind of lawyer to become
a Legal Service Officer. Our officers are
not just lawyers with good minds, but
also good hearts, for they selflessly look
beyond material reward to appreciate the
true value of public service.
In return for this dedication, the Legal
Service has an established framework to
develop our officers to their fullest potential.
There is an established Rotational Posting
system that gives our officers unique
opportunities to acquire a diverse range
of knowledge and skills from stints in the
Judicial and Legal branches within the
Service as well as secondments to other
Ministries to undertake policy assignments.
We also have attachment programmes
with top barristers’ chambers in the United
Kingdom to enable our officers to gain a
deeper understanding of legal work in
the private sector. In addition, there is a
wide range of professional development
scholarships and programmes available
for our officers to continually upgrade
their legal and management skills.
Our performance assessment framework is
being fine-tuned as well. To give our officers
greater input and feedback on their career
progression, we have institutionalised
formal twice-yearly review sessions for
heads of departments, supervisors and
reporting officers with officers under their
charge. The Milestone Career Counselling
programme has also been institutionalised
to address their long-term career goals
and interests.
Meanwhile, the Talent Management Scheme
is already bearing fruit. The scheme was
introduced in 2006 to identify and groom
our best and brightest into future leaders of
the Legal Service. Many promising officers
have already been talent-spotted, and
their career progression is being closely
monitored by the most senior members
of the Special Personnel Board and the
Senior Personnel Board. The scheme will
ensure that the Legal Service will always
be served by its best talents.
The Singapore Legal Service provides a
consistently rewarding career for lawyers
who are motivated to work hard and do
their best for the nation, in good times
and bad. With the abundant talent within
our ranks, I am confident that we have
the necessary human capital to weather
this economic storm, and any other future
challenges. Together, we can apply our
collective energies to build an outstanding
Legal Service that will serve our nation with
pride and commitment through any crisis.
Chief Justice Chan Sek Keong
President, Legal Service Commission
30 March 2009
Legal Service Commission
leadership
Annual Report 2008
The Legal Service Commission
The Legal Service Commission (“LSC”) is constituted under Part IX of the Constitution
of the Republic of Singapore. Article 111(1) of the Constitution stipulates that there
shall be an LSC whose jurisdiction shall extend to all officers in the Singapore Legal
Service (“the Legal Service”).
Article 111(2) of the Constitution provides that the LSC shall consist of:
n
the Chief Justice, as President;
n the Attorney-General;
n the Chairman of the Public Service Commission (“PSC”); and
n at least three and up to six other members appointed by the President if he, acting in
his discretion, concurs with the advice of the person nominating the member(s) based
on the following arrangements:
n at least one but not more than two persons nominated by the Chief Justice;
n at least one but not more than two persons nominated by the Chairman of the
PSC; and
n at least one but not more than two persons nominated by the Prime Minister.
In addition, if the Chief Justice, the Chairman of the PSC or the Prime Minister, as the
case may be, nominates two persons, then at least one of the two nominees must be a
person who has for an aggregate period of not less than ten years been a qualified person
within the meaning of section 2(1) of the Legal Profession Act (Cap. 161). These members
of the LSC may hold office for such period as the President may specify (not shorter than
three years and not longer than five years) and be eligible for re-appointments.
The LSC has the duty under Article 111(3) of the Constitution to appoint, confirm, emplace
on the permanent establishment, promote, transfer, dismiss and exercise disciplinary
control over officers in the Legal Service.
Article 111AA of the Constitution provides for the establishment of one or more Personnel
Boards to exercise all or any of the powers and functions of the LSC under Article 111 over
Legal Service Officers (“LSOs”). The powers and functions of the LSC are devolved to the
Personnel Boards except the power to dismiss and exercise disciplinary control over all
LSOs, and all powers over LSOs of and above a certain “threshold grade”. The “threshold
grade” was designated as Superscale LSO Grade 2.
With the establishment of the Personnel Boards, the powers of the LSC cease to be
exercisable by the Commission, except in an appellate capacity. A person who is
aggrieved by a decision of a Personnel Board may appeal to the LSC whose decision
leadership
will be final. The LSC however continues
to retain jurisdiction over LSOs who hold
appointments of and above the “threshold
grade”.
Article 111AA(1), (2) and (8) of the
Constitution provide that the establishment
and framework of the Personnel Boards for
the Legal Service be prescribed in subsidiary
legislation. The process for an appeal to the
LSC against any decision of a Personnel
Board is to be prescribed as well.
The President approved the establishment
of two Personnel Boards for the Legal
Service with effect from 1 December 2007
: the Legal Service Special Personnel
Board and the Legal Service Senior
Personnel Board. The Legal Service
(Personnel Boards) Order 2007 (“Order”)
was endorsed by the LSC and approved by
the President. The Order took effect from
1 December 2007.
Changes To The Commission
The Chief Justice, as President of the LSC,
recorded the LSC’s deep appreciation to two
members who retired. Justice Chao Hick
Tin retired as the Attorney-General, and
as a member of the LSC, with effect from
11 April 2008. His Honour was appointed a
Judge of Appeal with effect from 11 April
2008 and the Vice President of the Court
of Appeal in the Supreme Court with effect
from 18 April 2008. Dr Andrew G. K. Chew
retired as the Chairman, PSC with effect
from 1 August 2008, after having served
with distinction from 1 August 1998.
the LegaL
Service commiSSion
(as at 31 December 2008)
President
Chief Justice
Chan Sek Keong
The Chief Justice
Members
Prof Walter Woon
Attorney-General
(from 11 April 2008)
Mr Eddie Teo
Chairman, PSC
(from 1 August 2008)
Justice V K Rajah
Judge of Appeal, Supreme Court
Justice Lee Seiu Kin
Judge, Supreme Court
Mr Michael Lim
Dr Philip Pillai
Mr Lucien Wong
Mr Lee Tzu Yang
THE LEGAL SERVICE COMMISSION
(Left To Right) Front Row:
Prof Walter Woon
(Attorney-General),
Chief Justice Chan Sek Keong
(President, LSC),
Mr Eddie Teo
(Chairman, PSC)
(Left To Right) Back Row:
Mr Lee Tzu Yang,
Dr Philip Pillai,
Justice Lee Seiu Kin,
Justice V K Rajah,
Mr Michael Lim,
Mr Lucien Wong
leadership
The President, LSC also welcomed the two
new members to the LSC. Prof Walter Woon
was appointed the Attorney-General, and
a member of the LSC, with effect from 11
April 2008. Mr Eddie Teo was appointed
the Chairman, PSC, and a member of the
LSC, with effect from 1 August 2008.
During the year under review, the LSC
deliberated and decided on a variety of
matters concerning the Legal Service,
including:
n
the potential and performance of LSOs
at Superscale Grades 2 and above; the
award of the performance bonuses,
the variable increments, the Legal
Professional Allowance and the LongTerm Incentive to LSOs at Superscale
Grades 2 and above;
n the suitability of LSOs for promotions
into Superscale Grades 2 and above; and
n the implementation of various personnel
functions for the Legal Service.
The LSC also deliberated and decided on
a variety of other matters concerning the
Legal Service by circulation of papers.
The LSC had devolved with effect from
1 December 2007 specific personnel
functions to the Legal Service Special
Personnel Board and the Legal Service
Senior Personnel Board.
The Special Personnel Board
The composition of the Special Personnel
Board was revised in May 2008. The President,
concurring with the advice of the LSC,
approved the appointment of Prof Walter
Woon as a member of the Special Personnel
Board with effect from 1 May 2008. The
Special Personnel Board comprised, as at
31 December 2008, Chief Justice Chan Sek
Keong as the Chairman; and the AttorneyGeneral Prof Walter Woon, Judge of Appeal
Justice Chao Hick Tin and Justice Lee Seiu
Kin as the members. The appointments are
to conclude on 30 November 2010.
The powers and functions of the LSC over
LSOs that are devolved to the Special
Personnel Board are as follows:
n
Recruitment and Appointment
(a) the interview and appointment of
candidates to the Legal Service as
LSOs at Superscale Grades 4 and
3; and the provision of its views to
the LSC with respect to the possible
appointment of suitable candidates
to the Legal Service at Superscale
Grades 2, 1 and Staff Grade;
(b) the re-employment (including retired
officers after their compulsory
age limit retirement) of all LSOs
at Superscale Grades 4 and 3; and
the provision of its views to the
LSC with respect to the possible
re-employment of LSOs at Superscale
Grades 2, 1 and Staff Grade;
(c) the emplacement on the permanent
establishment of all LSOs at
Superscale Grades 4 and 3; and the
provision of its views to the LSC with
respect to the possible emplacement
on the permanent establishment of
LSOs at Superscale Grades 2, 1 and
Staff Grade;
(g) the approval of the performance
gradings of all LSOs at the
Superscale LSO grades;
(h) the award to all LSOs at Superscale
Grades 4 and 3 of the performance
bonuses, the variable increments,
the Legal Professional Allowance,
the Long-Term Incentive and other
remuneration components that may
be specific to the Legal Service; and
the provision of its views to the LSC
with respect to the awards to LSOs
at Superscale Grades 2, 1 and Staff
Grade;
(d) the transfer from/to the Legal Service
Scheme of Service of all LSOs/
candidates at Superscale Grades 4 and
3; and the provision of its views to
the LSC with respect to the transfer
from/to the Legal Service Scheme
of Service of LSOs/candidates at
Superscale Grades 2, 1 and Staff
Grade;
(e) the review of the eligibility criteria
for possible appointment to the
Legal Service at all the Timescale
LSO grades and Superscale Grades
4 and 3; and the provision of its
views to the LSC with respect to
the eligibility criteria for possible
appointment to the Legal Service
at Superscale Grades 2, 1 and Staff
Grade;
nAssessment
and Promotion
(f) the approval of the Currently
Estimated Potential (“CEP”) of LSOs
at all the Superscale LSO grades;
and continuing to have oversight
confirming the CEP assessments (by
the Senior Personnel Board) of all
LSOs at the Timescale LSO grades;
(i) the promotion of all LSOs into
Superscale Grades 4 and 3; and
the provision of its views to the
LSC with respect to the promotions
of LSOs from Grade 3 to Grade 2;
Grade 2 to Grade 1; and Grade 1 to
Staff Grade;
n
Secondments
(j) the secondment from/to the Legal
Service of LSOs/candidates at all
the Timescale LSO grades, and
Superscale Grades 4 and 3; and the
provision of its views to the LSC
with respect to the secondment
from/to the Legal Service of LSOs/
candidates at Superscale Grades 2, 1
and Staff Grade;
leadership
THE special personnel board
OF THE SINGAPORE LEGAL SERVICE
(Left To Right):
Justice Lee Seiu Kin,
Attorney-General Prof Walter Woon,
Chief Justice Chan Sek Keong
(Chairman, Special Personnel Board),
Justice Chao Hick Tin
10
nTraining
and Development (Scholarships
and Training Awards)
(k) the award, in consultation with
the Talent Management Committee
and the Succession Planning
Committee, of LSC Scholarships
and LSC Training Awards to LSOs
at all the Timescale and all the
Superscale LSO grades, to study
for/attend postgraduate Masters
programmes in law and general
management; specialised training
programmes in law and milestone
leadership/management courses;
nExits
(l) the termination of probationary and
contract Service (non-disciplinary
cases) of LSOs at Superscale Grades
4 and 3; and the provision of its
views to the LSC with respect to the
termination of probationary and
contract Service (non-disciplinary
cases) of LSOs at Superscale Grades
2, 1 and Staff Grade;
nProgrammes
Specific to the Legal Service
(m) the placement on the supernumerary
posts (including those on the
no-pay leave for Child-Care Scheme)
of LSOs at all the Superscale LSO
grades; and
nOthers
(n) the endorsement of the nominations
of LSOs at all the Timescale and all
the Superscale LSO grades for the
National Day Awards.
In addition to the functions
above, the Chief Justice and the
General continued to maintain
and approve all postings at the
and Superscale LSO grades.
specified
Attorneyoversight
Timescale
The Senior Personnel Board
The composition of the Senior Personnel
Board was revised in May 2008 and again
in August 2008. The President, concurring
with the advice of the LSC, approved the
appointment of Prof Walter Woon as the
Chairman of the Senior Personnel Board
with effect from 1 May 2008. Mr Richard
Magnus was a member of the Senior
Personnel Board from 1 November 1995 to
27 August 2008. He retired from the Legal
Service on 28 August 2008 after 40 years
of distinguished service.
The President, concurring with the advice
of the LSC, approved the appointment of
Mr Tan Siong Thye as a member of the
Senior Personnel Board with effect from
28 August 2008.
The Senior Personnel Board comprised, as
at 31 December 2008, Prof Walter Woon
as the Chairman; and Justice Lee Seiu Kin,
Mrs Koh Juat Jong and Mr Tan Siong Thye
as the members. The appointments are to
conclude on 30 November 2010.
11
leadership
The powers and functions of the LSC
over LSOs that are devolved to the Senior
Personnel Board are as follows:
n
Recruitment and Appointment
(a) the interview and appointment of
candidates to the Legal Service
as LSOs at all the Timescale LSO
grades;
(b) the re-employment of LSOs at all the
Timescale LSO grades;
(c) the confirmation/emplacement on
the permanent establishment of LSOs
at all the Timescale LSO grades;
(d) the transfer from/to the Legal Service
Scheme of Service of all LSOs/
candidates at the Timescale LSO
grades;
nAssessment
and Promotion
(e) the endorsement of the CEP of LSOs
at all the Timescale LSO grades (as
recommended by the HODs and
moderated by the Legal Service
Branch Ranking Panels, with the
Special Personnel Board continuing
to have oversight and confirm the
CEP assessments);
(f) the approval of the performance
gradings of LSOs at all the Timescale
LSO grades (as recommended by
the Heads of Departments (“HODs”)
and moderated by the Legal Service
Performance Ranking Clusters);
12
(g) the award to LSOs at all the Timescale
LSO grades of the performance
bonuses, the variable increments,
the Legal Professional Allowance,
the Long-Term Incentive and other
remuneration components that may
be specific to the Legal Service;
(h) the promotion of all LSOs at the
Timescale LSO grades up to LSO
Grade 5A; and the recommendation
to the Special Personnel Board of
the possible promotion of all LSOs
from LSO Grade 5A to Superscale
Grade 4;
nPostings
(i) the postings of all LSOs at the
Timescale LSO grades within and
across the Legal and Judicial
Branches (in conjunction with the
Talent Management Committee/
Succession Planning Committee,
and the approvals of the Chief
Justice and the Attorney-General);
nExits
(j) the termination of probationary and
contract Service (non-disciplinary
cases) of all LSOs at the Timescale
LSO grades; and
nProgrammes
Specific to the Legal Service
(k) the placement on the supernumerary
posts (including those on the
no-pay leave for Child-Care
Scheme) of all LSOs at the Timescale
LSO grades.
THE senior personnel board
OF THE SINGAPORE LEGAL SERVICE
(Left To Right):
Mr Tan Siong Thye
(Senior District Judge),
Justice Lee Seiu Kin
(Judge, Supreme Court),
Attorney-General Prof Walter Woon
(Chairman, Senior Personnel Board),
Mrs Koh Juat Jong
(Solicitor-General)
13
Organisational
Excellence
14
Recruitment And Establishment
Recruitment
The Legal Service continued recruitment in 2008 of suitable candidates to fill vacancies.
The principal recruitment criterion (for the entry grade and those with less than five
years of relevant legal working experience) for candidates to be considered for possible
appointment to the Legal Service as Legal Service Officers (“LSOs”) continued as a
Second Class Upper Honours degree (or the equivalent) from the National University
of Singapore (“NUS”), the Singapore Management University (“SMU”) or the approved
overseas universities.
Having regard to the challenging and competitive operating environment for a fair
share of good legal talent, the criterion (for the entry grade and those with less than
five years of relevant legal working experience) was refined in November 2008. Suitable
candidates with a Second Class Lower Honours degree (or the equivalent) who are very
keen in a career in the Legal Service may be considered for possible appointment on a
case-by-case basis. The candidate must provide strong reasons why he/she should be
considered as an exception.
Mid-career candidates with more than five years of relevant legal working experience
and a Second Class Lower Honours degree continued to be considered for possible
appointment as LSOs.
The principal criterion for possible appointment to the Justices’ Law Clerks (“JLC”)
programme remained a First Class Honours degree. The JLC programme continued to
attract its share of the best and brightest.
Under the enhanced recruitment framework, undergraduates from the NUS, the SMU or
the approved overseas universities who have completed their second year may apply for
possible appointment. Those selected would be immediately offered appointment in the
Legal Service.
15
Organisational Excellence
The candidates with less than five years of
relevant legal working experience were
appointed on an initial contract of 18 months.
The mid-career candidates continued to be
appointed on two-year contracts.
The Legal Service Commission (“LSC”)
received 95 applications in 2008 for
possible appointment to the Legal Service.
The details are at Table 1 below.
TABLE 1: RECRUITMENT 2008
(as at 31 December 2008)
APPLICANTS
95
INTERVIEWED
47
SELECTED
42
APPOINTED IN 2008
37
Forty-seven candidates were interviewed
over six recruitment exercises conducted
in 2008. Of these 47 candidates, 27 were
fresh graduates or had less than five years
of relevant legal working experience. The
remaining 20 were mid-career candidates
with more than five years of relevant legal
working experience.
Twelve of the 47 candidates had First
Class Honours, 17 had Second Class Upper
Honours, 16 had Second Class Lower
Honours and the remaining two were
undergraduates.
Forty-two of the candidates interviewed
were selected for appointment to the Legal
Service. Twenty-nine were appointed in
2008 (with another nine to be appointed
from 2009 to 2011). Eight of these 29
candidates were appointed to the JLC
programme.
16
Another seven candidates who were
interviewed and selected in 2006 and 2007
assumed appointment in 2008 (including
three candidates who were appointed to
the JLC programme). One senior LSO was
re-employed on contract upon reaching
the compulsory retirement age of 62.
A total of 37 LSOs were appointed to the
Legal Service in 2008.
Placement on the Permanent
Establishment/Confirmation of
Appointment/Transfer Of Service
In 2008, 25 LSOs who had been on
contract were placed on the permanent
establishment in the Legal Service. Three
LSOs who had been on probation were
confirmed in their appointments in the
Legal Service. Three officers from other
Schemes of Service were transferred to
the Legal Service Scheme of Service upon
their appointment as LSOs.
Secondments
A total of 26 LSOs were on secondment
from the Legal Service in 2008. Of these:
n
a Timescale LSO commenced his
two-year secondment to the Accounting
and Corporate Regulatory Authority
(“ACRA”) in 2008 to undertake legal
work. The secondments to the ACRA
of five LSOs (two at Superscale grades
and three at Timescale grades) were
extended. Two LSOs continued their
secondments to the ACRA;
n
n
n
n
n
n
n
a Timescale LSO commenced his
two-year
secondment
to
the
Competition Commission of Singapore
(“CCS”) in 2008 to undertake legal work.
The secondments to the CCS of two
LSOs were extended. A Timescale LSO
completed her secondment (of three
years) to the CCS and was re-posted to
another Legal Service department. A
Timescale LSO who was on secondment
resigned from the Legal Service. Four
LSOs continued their secondments to
the CCS;
a Superscale LSO commenced her
two-year secondment to the Intellectual
Property Office of Singapore (“IPOS”)
in 2008 to undertake legal work, while
another Superscale LSO continued her
secondment to the IPOS;
a Timescale LSO continued her
secondment to the Inland Revenue
Authority of Singapore to undertake
legal work;
a Superscale LSO commenced his
two-year secondment to the Monetary
Authority of Singapore (“MAS”) in
2008 to undertake legal work. The
secondment of another Superscale LSO
to the MAS was extended;
a Superscale LSO continued her
secondment to the Singapore Academy
of Law;
a Superscale LSO continued his
secondment to the Singapore Land
Authority (“SLA”) to undertake legal
work while the secondment of another
Superscale LSO to the SLA was
extended; and
the secondment of a Superscale LSO
to the Ministry of Health to undertake
policy work was extended.
Attrition
The number and percentage of LSOs
who left the Legal Service in 2008 on
resignation was 13 and 4.2%. This was the
lowest in the last three years. The details
of the attrition in the last three years are
at Table 2.
TABLE 2: ATTRITION, 2006 – 2008
2006 2007 2008
RESIGNATION
19
27
13
RETIREMENT
31
13
25
EXPIRY OF
CONTRACT
2
0
8
TRANSFER TO
ANOTHER SCHEME
OF SERVICE
22
24
36
Includes an LSO who retired and was re-employed
on contract.
2
Includes an LSO who was appointed a Judge of
the Supreme Court.
3
An LSO who retired and was re-employed on
contract.
4
Includes an LSO who was appointed a Judge of
the Supreme Court.
5
Includes an LSO who retired and was re-employed
on contract.
6
Includes an LSO who was appointed the AttorneyGeneral.
1
Establishment
There were 346 establishment posts in the
Legal Service as at 31 December 2008. There
were 307 LSOs on the posted strength. The
details are at Table 3.
17
Organisational Excellence
TABLE 3: ESTABLISHMENT
NO. OF
POSTS
NO. OF
OFFICERS
JUDICIAL
BRANCH
115
111
LEGAL BRANCH
216
191
LSC SECRETARIAT
SUPERNUMERARY
POSTS
15
5
TOTAL
346
307
Performance Management
& Compensation And
Benefits
Performance Management
Performance management in the Legal
Service is premised on three core principles
- meritocracy, fairness and transparency.
In 2008, the Legal Service implemented
an additional performance grade for the
appraisal and assessment of LSOs. This was
pursuant to refinements introduced in August
2008 by the Public Service Division. The
refinement in the framework was to facilitate
greater differentiation in the performance
assessments of LSOs and the award of
specific remuneration components.
To reiterate the importance of the
appraisal and performance management
framework in the Legal Service and to
anchor best practices, refreshers were
conducted on 22 May 2008 and again on
1 and 3 September 2008 for all Heads of
Departments (“HODs”), Reporting Officers,
Senior Officers and all LSOs.
18
To facilitate the performance management
process and the effective communication
by HODs and Reporting Officers to
their LSOs on their potential and work
performance, HODs were provided, after
the annual ranking and promotion exercise,
the full details of their officers’ Currently
Estimated Potential (“CEP”), performance
grading; Performance Bonus; Variable
Increment; Legal Professional Allowance;
Long-Term Incentive and other specific
payments awarded to the LSOs.
LSOs were also provided information on the
maximum and the norm performance bonus
rates at the applicable grades. The disclosure
of the information was to further enhance
the more holistic discussion between the
HOD and LSO on the latter’s strengths and
possible areas for improvement.
The framework of the “twice-yearly”
review was institutionalised. All HODs/
Supervisors were to meet each of their LSOs
individually for formal feedback sessions in October/November for the first review
(which encompassed the year-end appraisal
and target setting for the following year)
and in May/June the following year for
the mid-year review (to review the targets
that had previously been established and
to identify any training needs which the
specific LSO may require).
Promotions
Sixty-five LSOs were promoted to the next
higher grade in the April 2008 Promotion
Exercise. Eleven Superscale LSOs were
promoted within the Superscale grades
and 14 Timescale LSOs were promoted
into the Superscale grade. Another 40
Timescale LSOs were promoted within the
Timescale grades.
Compensation And Benefits
The Legal Service continued, in line with
the Civil Service philosophy to strengthen
the link between remuneration and
performance, to adopt a market-driven payfor-performance compensation framework.
The underlying principle for this is for the
Legal Service to have a competitive and
robust compensation structure that is able
to attract and retain a fair share of good
legal talent and to reward and retain LSOs
in accordance with their individual ranked
potential and performance.
The Legal Service remuneration framework
was refined pursuant to the Legal Service
Remuneration Review 2007. Two new
remuneration components – the Legal
Professional Allowance and the LongTerm Incentive Plan – were introduced.
An “Additional Increment” framework for
young LSOs and the refined Performance
Bonus framework were also implemented
in 2008. Additional benchmarks were also
introduced.
Variable Increments
The variable increments awarded to the
LSOs were determined by the LSOs’ ranked
potential and performance grading. All
LSOs were considered for the April 2008
Variable Increment Exercise. All confirmed
LSOs received their variable increments
in April 2008 while those who were
on contract or probation received their
variable increments on their respective
anniversary dates.
Performance Bonuses
All LSOs were considered in the 2008
Performance Bonus Exercise. Eligible LSOs
were awarded performance bonuses on
25 March 2008, based on their approved
performance grading for work done in
2007. The Timescale LSOs were required to
remain in the Legal Service for one month
(and the Superscale LSOs for two months)
after the month of payment to retain the
performance bonuses.
Career Development
The Legal Service remains fully committed
to its overarching personnel framework of
according to each LSO the opportunity to
develop to his fullest potential. In this regard,
the Legal Service also places great emphasis
on continuous learning and training through
a suite of milestone legal/professional and
leadership/management programmes. The
suite of milestone programmes available to
LSOs was further enhanced in 2008 with
the inclusion of a postgraduate Master of
Science (Strategic Studies) offered by the S.
Rajaratnam School of International Studies
(“RSIS”) of the Nanyang Technological
University (“NTU”).
The LSOs may study for a General Master
of Laws (“General LLM”) or a Specialist
LLM or the Bachelor of Civil Law at Oxford
University. The Legal Service awarded
LSC Scholarships and LSC Training
Awards in 2008 to eligible LSOs to pursue
postgraduate law programmes at the NUS
and leading overseas institutions.
19
Organisational Excellence
Two LSOs studied for a General LLM jointly
offered by the New York University and
the NUS; one studied for a General LLM at
the Harvard Law School; one studied for a
General LLM at Columbia and one studied
for a General LLM at the London School of
Economics and Political Science. Another
LSO studied for a General LLM at a leading
university in Japan.
LSC Scholarships and Training Awards
were also granted to LSOs to pursue
postgraduate leadership and executive
development programmes at premier local
and overseas institutions and business
schools. One LSO studied for the Master in
Public Management at the Lee Kuan Yew
School of Public Policy (“LKYSPP”) while
one studied for the Master in Public Policy
at the LKYSPP. Another LSO studied for a
Master of Science in Strategic Studies at
the RSIS, NTU.
LSOs were also nominated by the
Legal Service to attend other milestone
programmes in 2008. One LSO attended
the Leaders in Administration Programme;
one attended the Senior Management
Programme and one attended the
Governance and Leadership Programme.
Two other LSOs attended the FIREfly
Leadership Programme.
Postings
The revised Legal Service Rotational Posting
framework was fully implemented in 2007.
Under the framework, LSOs are exposed to
a variety of legal work in the early years of
their careers, when such exposure brings
the greatest benefit at the least opportunity
cost. This is to also enable LSOs to make
20
decisions on possible “specialisation” in
the later years. It will enable HODs to
assess LSOs’ relative strengths in various
areas. The process will serve the important
function of exposing the young LSOs to
a wider range of HODs and departments.
This will in turn improve the accuracy and
robustness of the assessment framework.
Twenty LSOs were to be re-posted in
the Posting Exercise 2008/2009 (one
LSO in 2008 and 19 LSOs in 2009). The
LSOs included those from the Rotational
Posting Exercise; those who had attended
a “second” Milestone Career Counselling
and indicated a “niche posting” preference
to be re-posted to another department; and
other specific postings.
In addition to the LSOs re-posted/to be
re-posted in the Posting Exercise
2008/2009, another 23 LSOs were
re-posted in 2008 as part of specific
postings, while seven LSOs were re-posted
in 2008 pursuant to the Rotational Posting
Exercise 2007/2008.
In summary, a total of 31 LSOs (Superscale
and Timescale LSOs) were re-posted to
another Legal Service department in the
period 1 January 2008 to 31 December
2008.
The Legal Service
Commission Secretariat
The LSC Secretariat supports the functions
of the LSC and is the policy human
resource arm for the Singapore Legal
Service. It staffs the functions of the LSC
and the Legal Service Special and Senior
Personnel Boards. It is also responsible
for the entire spectrum of the Legal
Service’s human resource policies, ranging
from recruitment and establishment,
assessment, performance management
(including potential and performance
appraisals and promotion), compensation
and benefits, training and career
development, secondments and postings,
talent management, succession planning,
discipline and exit management.
n
empower individual LSOs to take charge
and be accountable for their own careers;
n recognise potential and performance
through appropriate reward mechanisms;
and
n be transparent, consistent and innovative
in people management.
The LSC Secretariat undertook various
initiatives and programmes in 2008. These
included:
n
Mr Hamzah Moosa was re-appointed
the Chief of Staff of the Singapore Legal
Service for one year with effect from 1
September 2008. He holds the concurrent
appointment of the Secretary, LSC.
Ms Jennifer Marie was re-appointed the
Deputy Chief of Staff (on a part-time
basis) with effect from 1 May 2008. Her
appointment concluded on 31 August
2008.
Ms Foo Tuat Yien was appointed the Deputy
Chief of Staff (on a part-time basis) with
effect from 1 September 2008.
n
n
n
n
n
n
The LSC Secretariat was guided by the
following core corporate values in carrying
out its role:
n
n
n
recruit and retain a fair share of talent
for the Legal Service;
n adopt a personnel management system
in which each individual LSO is accorded
the opportunity to develop to the fullest
of his potential;
n
the refinement of the eligibility criteria
for possible appointment to the Legal
Service;
the meetings of the Legal Services sector
in London;
the enhancement of outreach programmes
(career fairs and talks at the NUS, junior
colleges and secondary schools);
the implementation of the recommendations
of the Legal Service Remuneration Review
2007;
the enhancement of the suite of milestone
training programmes and LSC Scholarships
/Training Awards for these programmes;
the creation of posts at Ministries/Statutory
Boards;
the Legal Service Rotational Posting
Exercise;
the programmes of the 16 Legal Servicewide Working Groups;
the Milestone Career Counselling
Programme; and
the formation and establishment of the
Legal Service Scenario Planning Team.
21
Advancing
the Rule
of Law
22
The Legal Service had 307 Legal Service Officers (“LSOs”) as at 31 December 2008.
These LSOs play a critical role in advancing the Rule of Law and the fair and efficient
administration of justice in Singapore. The LSOs serve in departments in either of the
two Branches of the Legal Service - the Judicial Branch and the Legal Branch. The
following provides an overview of the Branches and the roles and functions undertaken
by LSOs in 2008.
The Judicial Branch
The Judicial Branch of the Legal Service is a component of the Singapore Judiciary,
which is headed by the Chief Justice. The Judicial Branch consists of LSOs serving in the
Supreme Court Registry, the Justices’ Law Clerks (“JLC”) pool at the Supreme Court and
the Subordinate Courts. The LSOs serving in the Supreme Court Registry are supervised
by the Registrar of the Supreme Court while officers in the JLC programme are under
the direct oversight of the Chief Justice. The LSOs serving in the Subordinate Courts are
managed by the Senior District Judge.
The Supreme Court
The Supreme Court, the apex of Singapore’s judicial system, comprises the High Court
and the Court of Appeal. The Chief Justice, the Judges of Appeal and the High Court
Judges are assisted by judicial officers in the Supreme Court Registry and the JLC Pool.
Mr Foo Chee Hock, the Acting Registrar, heads the Registry. He is assisted by Ms Audrey
Lim, the Acting Deputy Registrar. There were three Senior Assistant Registrars and 14
Assistant Registrars.
The registrars perform both judicial and management functions. In their judicial capacity,
they preside over hearings in chambers of mainly interlocutory matters. The registrars
also hold concurrent appointments as Magistrates or District Judges in order to conduct
preliminary inquiries in criminal cases. In their managerial capacity, the registrars supervise
the counter staff in the Supreme Court Registry in day-to-day judicial administration.
The registrars also manage various administrative portfolios such as personnel, finance,
corporate communications, security, etc. The work includes spearheading projects involving
case management, organisational excellence and knowledge management. The registrars
are also actively involved in many tribunals and committees, including the Rules of Court
Working Party which maintains the Rules of Court, the Supreme Court Practice Directions
and the Registrar’s Circulars.
23
Advancing the Rule of Law
The Supreme Court Registry has five
directorates comprising non-judicial staff
officers who execute the daily functions and
long-term planning functions of the court.
These directorates are Legal, Disciplinary
Committee Secretariat, Corporate Services,
Computer Information Systems Department,
and Corporate Planning.
The JLCs are chosen from young LSOs with
outstanding academic credentials. As at 31
December 2008, there were 24 JLCs. The
JLCs assist both the High Court and the
Court of Appeal by providing legal research
and sitting in for trials and hearings. In so
doing, the JLCs benefit greatly from the
close mentorship provided by the Judges,
as well as gain exposure to a wide variety
of cases, both civil and criminal. The JLCs
also involve themselves in project work
together with the registrars. In addition,
the JLCs may be appointed as parttime assistant registrars to hear various
chambers matters.
The Supreme Court Workplan ideals for
2007/2008 were Timeliness, Accessibility,
and Quality of Justice. To this end,
the Supreme Court commissioned the
Applications and Cases E-Management
System in July 2008 in order to assist
in the tracking of cases, scheduling and
fixing of hearings, and updating of
hearing outcomes. The new pro-active
case management system also generates
management reports and sends out alerts
24
for outstanding tasks. Another milestone
was the Practitioner’s Toolkit, rolled out
in July 2008, which enables lawyers to
search for precedents of bills of costs used
in taxation matters.
The Supreme Court constantly strives to
achieve the highest standards of corporate
organisation and business excellence. This
is reflected in awards such as the Singapore
Quality Class award, which is presented to
businesses that excel in categories such
as Leadership, Planning, Information,
People, Processes, Customers and Results.
The organisation was also re-certified with
the People Developer Standard, which is
the highest accolade for organisations
for people excellence, and ISO 9000:2001
certification, in recognition of its quality
management system. As a result of attaining
the above three awards, the Supreme
Court was conferred the Public Service
Award for Organisational Excellence.
The Supreme Court also clinched the
Singapore Innovation Class award given
to organisations for the development of
their innovation management capabilities.
The Supreme Court staff have individually
also been recognised for their service and
achievements. In the 2008 National Day
Awards, an LSO was awarded the Public
Administration Medal (Silver).
There were 19 LSOs posted at the Registry
as at 31 December 2008.
SUPREME COURT REGISTRY
(Left To Right) Front Row:
Yeong Zee Kin, Ms Sharon Lim Hui Mien, Ms Audrey Lim Yoon Cheng,
Foo Chee Hock (Acting Registrar), Tan Ken Hwee, Kenneth Yap Yew Choh,
Ms Cornie Ng Teng Teng
(Left To Right) Back Row:
Ms Denise Wong Huiwen, Ms Janice Wong Shi Hui,
Ms Chung Yoon Joo, David Lee Yeow Wee, Teo Guan Siew,
Lim Jian Yi, Ms Tan Wen Hsien, Ms Then Ling
Not in Picture:
Jason Chan Tai-Hui, Leong Kwang Ian,
Ms Dorcas Quek Ern Ling, Ms Ang Ching Pin
25
Advancing the Rule of Law
JUSTICES’ LAW CLERKS
(Left To Right) Front Row:
Darius Chan Xiaohui, Ms Eunice Chua Hui Han,
Ms Crystal Tan Huiling, Leong Weng Tat,
Ms Kathryn Thong Lijuan, Ms Peggy Pao Pei Yu,
Jordan Tan Zhengxian
(Left To Right) Second Row:
Ms Tan Liang Ying, Paul Chan Wei Sern, Nathaniel Khng Yong-Ern,
Zhuo Jiaxiang, Lionel Leo Zhen Wei, Prem Raj Prabakaran,
Lau Kah Hee, Ms Sngeeta Devi Surannad
(Left To Right) Back Row:
Peh Aik Hin, Tan Sze Yao, Adrian Loo Yu Hao, Louis Ng Shi Zheng,
Saqib Alam, Chen Siyuan, Tan Kai Liang
Not in Picture:
Ms Sarah Lam Yan Xia, Ms Ho May Kim
26
Subordinate Courts
The Subordinate Courts saw a change of
leadership in 2008. Senior District Judge
Richard Magnus retired in August 2008
after 16 sterling years as the head of the
Subordinate Courts. Principal District Judge
Tan Siong Thye, who was the Director of
the Commercial Affairs Department until
he re-joined the Subordinate Courts in
June 2008, took over as the new Senior
District Judge.
The Subordinate Courts comprise the
District Courts, the Magistrates’ Courts, the
Juvenile Court and the Coroner’s Court.
Specialist courts such as the Family Court,
Community Court, Bail Court and Night
Court aid in the efficient administration
of justice. During the year, three more
specialist courts were introduced: the
Family Children’s Best Interest, Less
Adversarial (“CHILD”) Court, the Children
Care Court and the Neighbourhood Court.
The Family CHILD Court reflects a shift
from a strict adversarial approach in care
proceedings to one which focuses on the
best interests of the child. By ensuring
that all parties understand that the aim of
the care proceedings is to secure the best
outcome for the child, the Family CHILD
Court seeks to ensure that such proceedings
are not used by the parties to further their
interests, to the detriment of the child.
The Children Care Court was established to
give special attention to Beyond Parental
Control and Care and Protection Order
cases for children and young persons below
the age of 16 years, and to distinguish such
cases from Juvenile Arrest Cases before
the Juvenile Court. Focusing on the best
interests of the child, the Children Care
Court has been able to harness community
resources to meet the specific needs of the
child.
The Neighbourhood Court was set up to
deal with Magistrate’s complaints from
private individuals involving relational
disputes. Dealing with such disputes within
the traditional criminal justice framework
punishes the offender but may not resolve
the underlying dispute. To address this
problem, the Neighbourhood Court adopts
a problem-solving approach, encouraging
parties to make serious efforts to settle
their underlying issues before turning to
the Neighbourhood Court to adjudicate on
their disputes. In this way, a longer-lasting
solution can be achieved, while minimising
unnecessary use of the courts’ resources.
In keeping with the theme of the
Subordinate Courts’ Workplan 2008/2009,
“Enhancing the Public Value of Justice”,
various programmes and projects were
embarked upon in 2008 to ensure that
the quality of justice administered by the
Subordinate Courts was further improved.
27
Advancing the Rule of Law
In 2008, a Sentencing Steering Committee
was established to formulate, review
and refine policies and practices relating
to sentencing in criminal cases tried in
the Subordinate Courts. The Sentencing
Steering Committee, supported by various
sentencing sub-committees, supplements
the work of and is subordinate to the
Sentencing and Bail Review Panel chaired
by the Chief Justice. The role of the
Sentencing Steering Committee and its
sentencing sub-committees is to ensure
that all internal sentencing guidelines
and other materials pertaining to the
sentencing policy and practice in the
Subordinate Courts remain current and are
easy to follow.
Sentencing is one of the most difficult
duties of a judge. Imposing a fair and
just punishment requires the judge to be
balanced, measured and circumspect. The
judicial officers in the Subordinate Courts
have a wealth of talent and experience.
The presiding sentencing judge is therefore
encouraged to tap on this vast breadth of
resources to assist him in arriving at a fair,
just and appropriate sentence that befits
both the offender and the offence.
Having received feedback that the processing
of bail takes too long, the Subordinate
Courts embarked on a thorough review of
the bail process to achieve a turnaround
time of not more than 30 minutes from the
28
time the bailor registers at the Bail Counter
with all the required documents, thereby
enhancing efficiency in this critical area of
the criminal justice process.
The Subordinate Courts, in conjunction
with the Lee Kuan Yew School of Public
Policy, organised the Regional Judicial
Symposium 2008, which was held from
8 to 12 May 2008 under the auspices of
the Ministry of Foreign Affairs’ Singapore
Cooperation Programme. Thirty delegates
consisting of senior judges and court
administrators from 15 nations participated
in this week-long symposium. Judicial
officers from the Subordinate Courts gave
presentations on a wide range of topics,
including eliminating backlog and delays,
enhancing access to justice, and the role of
judges beyond adjudication.
To increase awareness of the work of the
Community Court, in conjunction with
the Action Group for Mental Illness, the
Subordinate Courts organised a Community
Court Symposium on 28 June 2008, which
was well-attended.
The Subordinate Courts held its inaugural
Coroner’s Colloquium on 15 November
2008. The objectives of the Colloquium
were to raise awareness of the work of the
Coroner’s Court in general and specifically
in respect of medical cases, to launch
the new book, “Coroner’s Practice in
THE CIVIL TRIAL COURTS, FAMILY & JUVENILE COURTS,
PDRC AND REGISTRY, SUBORDINATE COURTS
(Left To Right) Front Row:
Mrs Regina Ow, Francis Tseng Cheng Kuang, Leslie Chew Kwee Hoe, Sowaran Singh,
Ms Hoo Sheau Peng, Tan Siong Thye (Senior District Judge),
Khoo Oon Soo, Low Wee Ping, Ms Tan Peck Cheng,
Tan Boon Heng, Ms Joyce Low Wei Lin
(Left To Right) Second Row:
Ms Lynette Yap Beng Lyn, Ms Tan May Tee, Marvin Bay Boon Teck,
Ms Wong Peck, Lim Wee Ming, Joseph Yeo Swee Teck, Ms Laura Lau Chin Yui,
Mrs Carol Chan Feng Yong, Ms Kathryn Low Lye Fong
(Left To Right) Back Row:
Ms Carrie Chan Su-Lin , Ms Carolyn Woo Wai-Ling, Christopher Goh Eng Chiang,
Lim Keng Yeow, Ronald Gwee Tiong Kee, Ms Miranda Yeo Eng Joo
Not in Picture:
Toh Han Li, Ms Jocelyn Ong, Ms May Loh Bee Bee, Loo Ngan Chor,
Ms Ong Chin Rhu, Ms Irene Wu Wei Ling, Julian Chin Ye-Fung,
Earnest Lau Chee Chong, Kevin Ng Choong Yeong, Ms Wong Li Tein,
Edgar Foo Mau Peng, Ms Karolyn Gin Hoey Kum Hoong, Ms Sandra Looi Ai Lin
29
Advancing the Rule of Law
THE CRIMINAL TRIAL COURTS, COMMERCIAL COURTS,
SPECIAL TRIAL COURTS AND CRIMINAL SPECIAL/MENTION COURTS,
SUBORDINATE COURTS
(Left To Right) Front Row:
Soh Tze Bian, James Leong Kui Yiu. Ng Peng Hong, Liew Thiam Leng,
Tan Siong Thye (Senior District Judge), Abdul Rahim Bin Abdul Jalil, Chia Wee Kiat,
Ms Thian Yee Sze, Ms Hamidah Bte Ibrahim
(Left To Right) Second Row:
Eugene Teo Weng Kuan, Eddy Tham Tong Kong, John Ng,
Ms Wong Choon Ning, Terence Chua Seng Leng, Ms Salina Bte Ishak,
Shaiffudin Bin Saruwan, Toh Yung Cheong
(Left To Right) Back Row:
Ms Jasbendar Kaur, Ms May Lucia Mesenas, Ms Jill Tan Li Ching,
Ch’ng Lye Beng, Victor Yeo Khee Eng
Not in Picture:
Sarjit Singh, Ms Jasvender Kaur, Roy Grenville Neighbour,
Jeffrey Sim Mong Heng, Mrs Lee-Khoo Poh Choo, Ms Kamalambigai Ponnampalam,
Ms Amy Tung Chew Ming, Ms Shobha Gopalakrishnan Nair
30
Medical Cases”, published by the Academy
Publishing and to acknowledge those who
have contributed to the publication of the
book and to the coronial process.
Recognising the importance of strategic
planning to enable its LSOs to better respond
to a fast-changing world, the Subordinate
Courts set up the Strategic Planning and
Training Division. Headed by an LSO,
this Division is involved in charting the
strategic thrust of the Subordinate Courts
so that the organisation will be able to
better respond and adapt to future changes
and challenges.
To build up the intellectual capital of the
LSOs in the Subordinate Courts, continuing
judicial training is an imperative. To this
end, LSOs were sent on various attachment
programmes and courses in Australia and
the United Kingdom. These courses allowed
the LSOs to better understand those
jurisdictions’ approaches to sentencing and
civil practices, while the court attachments
enabled the LSOs to observe senior judges
and recorders at work, which greatly
enhanced their appreciation of judgecraft.
Week-long visits by Lord Woolf of Barnes
and Senior Master Steven Whitaker, Royal
Courts of Justice, to the Subordinate Courts
were also immensely enriching.
To ensure continuous improvement,
the Subordinate Courts seek to develop
into a Learning Organisation where the
people of the Subordinate Courts learn
and grow together as they seek to take
the administration of justice to the next
level of excellence. To this end, sessions
involving both judicial officers and
senior court administrators were held to
discuss key processes and issues which
impact on court operations, including the
management of criminal cases and the
conduct of mediation in the courts.
The Subordinate Courts have also
embarked on the process of Kaizen, which
means ”gradual and orderly continuous
improvement” in Japanese. Kaizen entails
continuous improvement which involves
persons at all levels in the organisation,
and its objective is to reduce red tape by
removing unnecessary processes.
In the pursuit of sustainable excellence,
the Subordinate Courts are committed to
the spirit of the Learning Organisation
and the rigour of Kaizen to ensure that
the systems and practices are robust and
enhanced continuously.
There were 68 judicial officers at the
Subordinate Courts as at 31 December
2008.
31
Advancing the Rule of Law
The Legal Branch
Headed by the Attorney-General, the Legal
Branch consists of LSOs serving in the
five divisions of the Attorney-General’s
Chambers (“AGC”) or in the Legal Service
departments and Ministries with LSO-posts.
The LSOs under the Legal Branch may also
be seconded to Statutory Boards and key
public institutions to undertake legal work.
The Attorney-General’s Chambers
The Attorney-General leads the AGC as
the principal legal adviser to Government;
and concurrently as the Public Prosecutor,
independently responsible for all criminal
prosecutions and proceedings. The
Attorney-General works closely with the
Solicitor General and Deputy Solicitor
General in ensuring that the rule of law
is upheld for a just, harmonious and
progressive society.
2008 marked a year of change for the AGC.
A revamped five-division structure was put
in place to keep pace with the growing legal
needs of Government. The LSOs in the AGC
serve in one of the five divisions, namely,
the State Prosecution Division (“SPD”),
the Criminal Justice Division (“CJD”), the
International Affairs Division (“IAD”), the
Civil Division and the Legislation and Law
Reform Division (“LLRD”).
32
On the initiative of the Attorney-General,
the former CJD was re-structured to bring
about greater work synergy and better
optimisation of talent. The legal work of
criminal litigation and criminal legal advice
is divided between two separate divisions,
namely, the SPD and the CJD. Whilst the
SPD conducts the majority of the criminal
prosecutions in Singapore at the Subordinate
Courts; the CJD deals with matters at the
High Court as well as the international
dimensions to criminal justice including
extradition and mutual legal assistance.
The former Legislation Division and the
former Law Reform and Revision Division
were merged to form the LLRD. The merger
aims to achieve greater synergy in providing
for the needs of Government in terms of
legislation drafting as well as revising and
modernising existing laws of Singapore.
The Civil Division continues in its
crucial role in providing legal advice and
representation to Government Ministries
and departments in all civil matters. The
IAD maintains its pivotal role in providing
legal advice on all aspects of international
law to Government and representing
Singapore at bilateral and multilateral
negotiations, trade-related proceedings as
well as in other international fora.
THE SOLICITOR-GENERAL, THE DEPUTY SOLICITOR-GENERAL
AND PRINCIPAL SENIOR STATE COUNSEL OF THE
ATTORNEY-GENERAL’S CHAMBERS
(Left To Right):
Bala Reddy (Principal Senior State Counsel, SPD),
David Chong Gek Sian (Principal Senior State Counsel, Civil Division),
Jeffrey Chan Wah Teck (Deputy Solicitor-General),
Mrs Koh Juat Jong (Solicitor-General),
Charles Lim Aeng Cheng (Principal Senior State Counsel, LLRD),
Lionel Yee Woon Chin (Principal Senior State Counsel, IAD),
Ms Suriyiacala Jennifer Marie (Principal Senior State Counsel, CJD)
33
Advancing the Rule of Law
State Prosecution Division
Headed by Principal Senior State Counsel
Mr Bala Reddy since 1 August 2008, the
SPD’s mission is to provide an impartial
and effective prosecutorial service that is
committed to professional excellence and
integrity. The SPD’s establishment strength
is 34 Deputy Public Prosecutors (“DPPs”)
and 20 Assistant Public Prosecutors
(“APPs”). The SPD also oversees the Police
Prosecution Branch at the Subordinate
Courts.
The majority of prosecutions in the
Subordinate Courts are undertaken by the
DPPs and APPs from the SPD. The work
includes inquiries, pre-trial conferences,
mentions and trials. In addition, the DPPs in
the SPD also render legal advice on criminal
matters to the police, other law enforcement
agencies and Government bodies.
The SPD is internally structured into four
specialised directorates. Directorate 1 deals
mainly with commercial crimes which
include cheating and criminal breach of
trust offences. Directorate 2 largely handles
crimes against persons. Directorate 3 focuses
mostly on property crimes as well as public
order cases. Directorate 4 focuses mainly on
corruption cases but also handles specialised
crimes which include computer crimes and
intellectual property offences.
Each directorate is headed by a Senior State
Counsel or a Deputy Senior State Counsel
and consists of a team of DPPs and APPs.
These officers are rotated among the various
directorates on a periodic basis for greater
exposure to work with differing degrees of
complexity. This ensures that each officer
develops a breadth of experience in as
34
well as depth and knowledge of criminal
law and procedure. The SPD also helps its
officers to keep abreast of developments in
criminal law through in-house workshops
as well as external seminars and courses.
Meetings and training sessions with various
law enforcement agencies are also held to
enable the SPD officers to understand the
latest crime trends in Singapore as well as
the work processes and difficulties faced by
these agencies. In addition, the SPD has set
up its own Litigation Support Unit to provide
legal research and secretarial support to
help its officers work more efficiently.
The year 2008 has been a particularly
challenging year for SPD officers. Officers
from the various directorates conducted
several high profile prosecutions in the
Subordinate Courts. For the year 2008, the
SPD officers:
n
rendered advice in 16,565 cases;
n conducted 15,694 pre-trial conferences;
n attended plea-of-guilt hearings in 6,362
cases; and
n engaged in trials for a total of 1,446
work-days.
The SPD officers also played a key role in
the 13th Annual Conference and General
Meeting of the International Association
of Prosecutors. The event, with the theme
of “New Technologies in Crime and
Prosecution: Challenges and Opportunities”,
was hosted by the AGC from 27 to 31 August
2008. The event was not only a resounding
success as prosecutors from all over the
world shared their work experiences and
learnt from one another but also provided an
invaluable opportunity for the SPD officers
to forge closer ties with their international
counterparts.
STATE PROSECUTION DIVISION, ATTORNEY-GENERAL’S CHAMBERS
(Left To Right) Front Row:
Ng Cheng Thiam, Bala Reddy (Principal Senior State Counsel, SPD),
Daniel Koh Poh Leong
(Left To Right) Second Row:
Ms Lynda Lee Gek Huang, Ms Lin Yinbing, Ms Sharmila Sripathy,
Ms Gay Hui Yi, Ms Serene Seet Lay Cheng, Ms Jesintha Veijayaratnam,
Ms Cassandra Felicia Cheong Pei Shan, Lee Cheow Han
(Left To Right) Third Row:
David Low Quan Ming, Ms Elizabeth Lee Liang Mae, Ms Natalie Yu-lin Morris,
Ms Chan Huimin, Ms Ang Feng Qian, Lim Tse Haw, Ng Der Lim
(Left To Right) Fourth Row:
Kevin Yong Ee Wen, Miyapan Ramu, Benjamin Yim Geok Choon, Kwek Chin Yong,
Andrew Tan Shao Weng, Gordon Oh Chun Wei
(Left To Right) Back Row:
Adrian Ooi, Andre Moses Tan Chang Ann, Ms Karen Ang Aiping, A P M Ferlin Jayatissa
Not in Picture:
Wong Kok Weng, Anandan Bala, Ms Janet Wang Lan Jee, Isaac Tan Choon Kiat,
Imran Bin Abdul Hamid, Mohamed Faizal Mohamed Abdul Kadir, Ms Lee Ti-Ting,
Luke Tang, John Lu Zhuoren, Ms Cheryl Kam Li Anne, Ms Sabrina Choo Wen Shan
35
Advancing the Rule of Law
Criminal Justice Division
The newly reorganised CJD is headed by
Principal Senior State Counsel Ms Jennifer
Marie. The core mission of the CJD is to
promote a just criminal justice system by
pursuing a fair and impartial policy in the
prosecution of offenders. The CJD positions
itself as a premier criminal litigation
division which provides LSOs with
opportunities for greater specialisation
in prosecution work. The CJD generally
deals with prosecution and appellate work
in the Supreme Court, the prosecution of
complex white collar crimes, requests for
extradition, mutual legal assistance and
the provision of advice to various law
enforcement agencies.
For greater synergy and better work flow
management, the new CJD is structured
into five specialised directorates – High
Court Trial Litigation – Capital Cases; High
Court Trial Litigation – Non Capital Cases;
Appellate Litigation; Financial & Securities
Offences; and Advisory. Each directorate is
headed by a Deputy Principal Senior State
Counsel, Senior State Counsel or Deputy
Senior State Counsel, and consists of a team
of DPPs.
Two other directorates were set up to
support the five specialised directorates.
Firstly, in line with its mission of enhancing
professionalism through training, the
Training Directorate, headed by a Director
of Training, was tasked to review the
various training and developmental needs
of CJD officers. The directorate also looks
into providing paralegal and managerial
training for the CJD’s legal executives
in order to enhance its litigation support
system. The Attorney-General conducted
the CJD’s inaugural training event for
36
the year 2008 by delivering a lecture on
appellate advocacy. The Attorney-General
shared with the LSOs his approach and
insights into preparing for and arguing an
appellate case in court. The CJD also places a
premium on providing specialised training
for its officers. Three of its officers were
attached to the Crown Prosecution Service
(“CPS”) and the Serious Fraud Office in
London for exposure to advocacy work
and prosecution of serious and complex
fraud cases. Officers also learnt about the
electronic filing system used in the CPS.
Another two officers will be attached to
the United States Department of Justice
for training in international criminal
co-operation matters.
Secondly, the Resource Management
Directorate was set up to look into better
knowledge management and resource
sharing. The directorate, headed by a Deputy
Senior State Counsel as the Director of
Resource Management, is responsible for the
updating of existing information databases,
collation of case precedents and prosecution
policies as well as implementation of a
more efficient system of case archiving and
retrieval. In line with its efforts to promote
greater team spirit and camaraderie among
officers, the CJD also set up an Interact
Club to organise various social events to
galvanise officers and staff.
LSOs from the CJD played key roles in the
hosting of the 13th Annual Conference
and General Meeting of the International
Association of Prosecutors from 27 to
31 August 2008. The conference “New
Technologies in Crime and Prosecution:
Challenges and Opportunities” identified
new challenges faced by prosecutors
around the world in the combat of
crimes facilitated by new technology.
CRIMINAL JUSTICE DIVISION, ATTORNEY-GENERAL’S CHAMBERS
(Left To Right) Front Row:
David Khoo Kim Leng, Jaswant Singh, Lee Sing Lit,
Ms Suriyiacala Jennifer Marie (Principal Senior State Counsel, CJD),
Lau Wing Yum, Winston Cheng Howe Ming, Mark Tay Swee Keng
(Left To Right) Second Row:
Lim Keng Seong, Peter Koy Su Hua, Ms April Phang Suet Fern, Ms Ravneet Kaur,
Royce Wee Cheng Hao, Ms Gillian Koh Tan, Leong Wing Tuck
(Left To Right) Third Row:
Samuel Chua Hwa Kuan, Chay Yuen Fatt, David Chew Siong Tai, Vinesh Winodan,
Ms Jean Chan Lay Koon, Ms Diane Tan Yi-Lui
(Left To Right) Fourth Row:
Ms Nor’ashikin Bte Samdin, Hon Yi, Jeyendran Jeyapal, Ms Stella Tan Wei Ling,
Ms Ong Luan Tze, Christopher Ong Siu Jin
(Left To Right) Back Row:
Mrs Shahla Iqbal, Ms Kan Shuk Weng, Francis Ng Yong Kiat, Lee Jwee Nguan
Not in Picture:
P. Siva Shanmugam, Han Ming Kuang, Ms Lee Lit Cheng,
Amarjit Singh, Ms Wendy Yap Peng Hoon, Hay Hung Chun, Tan Kiat Pheng,
James Elisha Lee Han Leong, Edwin San Ong Kyar, Ms Marie Christina Koh Sok Kheng,
Ms Charlene Tay Mei Woon, Toh Shin Hao, Ms Crystal Ong Wai Mun
37
Advancing the Rule of Law
The conference also presented excellent
opportunities for the DPPs to interact
with their global counterparts and to
share their work experiences.
In line with the framework of forging
closer ties with prosecuting agencies from
other countries, CJD officers assisted in
organising the visit by the ProcuratorGeneral of the Supreme People’s
Procuratorate of the People’s Republic of
China from 15 to 18 November 2008. Leading
a total delegation of eight procurators,
comprising mainly Chief Procurators from
various provinces, the Procurator-General
visited the AGC, the Supreme Court and
other agencies and paid courtesy calls on
various leaders. There were also other visits
by prosecuting agencies including training
visits by prosecutors from Qatar.
Visits were also organised to various
law enforcement agencies, including
the Criminal Investigation Department,
the Commercial Affairs Department
and the Corrupt Practices Investigation
Bureau (“CPIB”), to allow LSOs to better
appreciate the roles played by agencies
in the administration of criminal justice.
On the inter-agency front, CJD officers
also contributed to the revised manual
on “Management of Child Abuse in
Singapore” launched by the Ministry of
Community Development, Youth & Sports
by writing a chapter on the role played by
the AGC in the management of child abuse
cases. CJD officers also had opportunities
to undertake inter-divisional work by
assisting in civil proceedings. The year
2008 also saw the fruition of the CJD’s
efforts on the legislative front with the
passing of the Penal Code (Amendment)
Bill. The amended Penal Code came into
force on 1 February 2008.
38
As at 31 December 2008, there were 43
LSOs in the CJD.
International Affairs Division
The IAD promotes and safeguards
Singapore’s interests internationally. It is
headed by Principal Senior State Counsel Mr
Lionel Yee Woon Chin. Its officers represent
Singapore at various fora to negotiate and
draft multilateral and bilateral agreements,
participate in international dispute resolution
and render legal advice and assistance to
Government agencies on a wide range of
international law matters, such as trade, civil
aviation, maritime boundaries, terrorism,
military cooperation, extradition, mutual
legal assistance, environmental protection,
human rights and humanitarian law and
diplomatic relations.
The year 2008 was a busy and significant
year for the IAD. On 23 May 2008, the
International Court of Justice (“ICJ”) issued
its judgment on the issue of sovereignty
over Pedra Branca, Middle Rocks and South
Ledge. The Court awarded sovereignty over
the main feature, Pedra Branca, to Singapore,
whilst sovereignty over Middle Rocks was
awarded to Malaysia. As for South Ledge,
the court indicated that as it was a low-tide
elevation, it would belong to the country in
whose territorial waters it lies.
The judgment of the ICJ brought an end to
a dispute between Malaysia and Singapore
that spanned more than 30 years. During this
period, different generations of IAD officers
advised the Singapore Government on
numerous legal issues relating to the dispute.
A number of IAD officers were assigned
to be part of the legal team that prepared
INTERNATIONAL AFFAIRS DIVISION, ATTORNEY-GENERAL’S CHAMBERS
(Left To Right) Front Row:
Ms Daphne Hong Fan Sin, Mathew Joseph,
Lionel Yee Woon Chin (Principal Senior State Counsel, IAD),
Pang Khang Chau, Kow Keng Siong
(Left To Right) Back Row:
Ms Jean Kua Zhizhen, Mrs Rena Lee, Ong Chin Heng, Jason Tan Theng Kok,
Daren Tang Heng Shim, Marcus Song Ee Pin, Ms Deena Bte Abdul Aziz Bajrai
Not in Picture:
Ms Sharon Ong Su Min, Ms Davinia Filza Bte Abdul Aziz, Ms Ranjini Ramakrishnan
39
Advancing the Rule of Law
the written proceedings for the Singapore
Government before the ICJ. In the final oral
stage of proceedings, IAD officers undertook
the task of managing the legal aspects of the
proceedings, and also assisted our principals,
Chief Justice Chan Sek Keong, Deputy
Prime Minister Professor S. Jayakumar,
then-Attorney-General Chao Hick Tin and
Ambassador-at-Large Professor Tommy
Koh, as well as our foreign counsel, Mr Ian
Brownlie Q.C., Professor Alain Pellet, Mr
Rodman Bundy and Ms Loretta Malintoppi,
in the research and drafting of speeches
during the oral proceedings. In recognition
of their contributions to the case, five IAD
officers were conferred National Day Awards
in 2008.
Just before the release of the judgment,
Malaysia and Singapore agreed to set up
a Joint Committee, jointly headed by the
Permanent Secretary of Foreign Affairs of
both countries, to look into issues relating
to the implementation of the judgment.
IAD officers are deeply involved in this
Committee, which met on a number of
occasions in 2008, and will continue to work
closely with other agencies to safeguard
Singapore’s interests in this area.
In 2008, IAD officers also participated in
many matters of key interest to Singapore,
including negotiations on the following:
n
the Investment and Financial Services
Chapters of the Trans-Pacific Strategic
Economic Partnership Agreement (the
first trade agreement with a membership
spanning Asia, Oceania and the
Americas);
n the Cooperation Council for the Arab
States of the Gulf-Singapore Free Trade
Agreement (“FTA”);
40
n
n
n
n
n
n
n
n
n
n
n
n
n
n
the China-Singapore FTA;
the Peru-Singapore FTA;
the Singapore-Ukraine FTA;
the ASEAN-India FTA;
the ASEAN-Australia-New Zealand FTA;
the ASEAN-China FTA;
the ASEAN-Japan Comprehensive Economic
Partnership Agreement;
the ASEAN Trade in Goods Agreement;
the ASEAN Comprehensive Investment
Agreement;
the ASEAN-India Trade in Goods
Agreement;
the ASEAN Charter (ratified by all member
states in 2008);
the Anti-Counterfeiting Trade Agreement;
investment guarantee agreements with
various countries – including Kuwait,
Qatar, Democratic People’s Republic of
Korea and Mexico; and
air services agreements with several
countries – including Nigeria, Brazil,
Bangladesh and Egypt.
IAD officers were involved in the InterAgency Ministerial Committee on Climate
Change (“IMCCC”), which was formed
in January 2008. The IMCCC formulates
Singapore’s national positions on climate
change for international negotiations on the
post-Kyoto Protocol regime. Under the Kyoto
Protocol, the first commitment period where
developed countries agreed to take on legally
binding targets for reducing their greenhouse
gas emissions will end in 2012. The Protocol
contained a mandate for further commitment
periods post-2012. With regard to the post2012 regime, an IAD officer participated in its
negotiations from 1 to 12 December 2008 in
Poznan, Poland.
IAD officers also advised Government on
various issues relating to human rights.
These included The Stockholm Declaration
and Agenda for Action Against the
Commercial Sexual Exploitation of Children;
The Yokohama Global Commitment; The
Convention on the Rights of the Child; and
The Convention on the Elimination of All
Forms of Discrimination Against Women.
The IAD conducted its second civil servicewide International Law Seminar with the
theme “Benefiting from a Globalised World”.
The objective was to enable civil servants
handling international work to gain a basic
knowledge of international law concepts and
principles so as to assist them in their work.
About 120 officers from various Ministries
and Statutory Boards attended the Seminar.
The matters discussed included general issues
of international law, international trade and
investment law, international criminal law,
security-related international law issues,
international air law and the law of the sea.
Professor Alain Pellet, Singapore’s legal
counsel in its dispute over the sovereignty
of Pedra Branca, was the speaker at the
IAD’s 2008 International Law Speakers
Series (“ILSS”). Professor Pellet, a member
of the International Law Commission of the
United Nations since 1990 and a professor
in international law and international
economics law in the University of Paris
X-Nanterre, conducted two workshops and
delivered the ILSS lecture titled “International
Investment Law – Treaty Cases and Contract
Cases in International Investment Law”.
As at 31 December 2008, the IAD had 15
LSOs.
Civil Division
The Civil Division, headed by Principal
Senior State Counsel Mr David Chong Gek
Sian, serves as Government’s law firm. The
LSOs in the Division provide legal advice
and representation for Government, as
well as draft and vet legal documents for
Government. The LSOs also discharge the
statutory duties of the Attorney-General as
the Protector of Charities and in reviewing
petitions for the admission of advocates and
solicitors. The LSOs perform a critical role in
protecting the State’s interests, facilitating
the administration of justice and promoting
the rule of law.
The year 2008 was extremely fruitful as the
Division handled complex legal questions
over
wide-ranging
issues
involving
judicial review, contempt of court, land
acquisition,
disciplinary
proceedings,
workmen’s compensation claims, adoptions,
procurements and Government contracts. In
particular, the LSOs advised on the inaugural
Youth Olympic Games 2010 and Formula
One Night Race 2008, the inquiry into Ren
Ci Hospital and Medicare Centre under
the Charities Act and the liberalisation of
Singapore’s energy market.
The Division was involved in several
notable litigation matters, including:
n
Attorney-General v Raffles Town Club
Pte Ltd: Raffles Town Club Pte Ltd
(“RTC”) applied for a prohibiting order
restraining the Income Tax Board of
Review (“ITBR”) from appointing Mr
Leslie Chew S.C., a former member of
RTC, to hear ITBR appeals between RTC
41
Advancing the Rule of Law
and the Comptroller of Income Tax.
The Division appealed against the High
Court’s decision to grant declaratory
orders that section 79(3) of the Income
Tax Act did not prevent a party from
seeking judicial review, and the High
Court’s finding that Mr Chew had a
connection with RTC that could raise
questions concerning his impartiality
in hearing ITBR appeals. In allowing
the appeal, the Court of Appeal held
that the judge below had no power to
grant a declaratory order in a judicial
review application under Order 53 of
the Rules of Court and that on the
facts, the judge below was wrong to
find apparent bias against Mr Chew.
n
42
Edmund Wong Sin Yee v AttorneyGeneral: The applicant was an alleged
narcotics syndicate leader detained
under the provisions of the Criminal
Law (Temporary Provisions) Act
(“CLTPA”). The applicant filed a habeas
corpus application challenging his
detention and its extension. He argued
that his alleged activities took place
outside Singapore, while the CLTPA
applied only to crimes committed in
Singapore. The High Court dismissed
the applicant’s claims as to illegality,
unreasonableness and mala fides
of Government’s decision to detain
him, and also held that the CLTPA
was applicable as the threat to public
safety, peace and good order did not
have to result from a crime committed
in Singapore. On appeal, the High
Court decision was upheld.
n
Tan Yong Wen Dickson v AttorneyGeneral: This was a claim for
compensation made by an ex-inmate,
Tan Yong Wen Dickson against
Government for being wrongly given
three additional strokes of the cane. The
Division advised on and represented
Government. At the request of the
claimant, the matter was subsequently
referred to mediation where it was
finally settled.
n
Attorney-General v Hertzberg, Glancey &
Dow Jones Publishing Company (Asia),
Inc.: The Attorney-General applied
to Court for orders of committal for
contempt of court against the proprietor
of The Wall Street Journal Asia (“WSJA”)
for publishing two editorials and one
letter in the WSJA which impugned the
integrity, impartiality and independence
of the Singapore Judiciary. The contempt
proceedings against the proprietor of the
WSJA, Dow Jones Publishing Company
(Asia), Inc (“Dow Jones”), were heard in
the High Court in November 2008. Dow
Jones was found to be in contempt of
court and was ordered to pay a fine of
$25,000 and costs of $30,000. The High
Court affirmed that in Singapore the
applicable test for determining whether
or not there is contempt of court is the
inherent tendency test. In this regard, the
High Court stated that “a statement which
is said to have an inherent tendency
to interfere with the administration of
justice is simply one that conveys to an
CIVIL DIVISION, ATTORNEY-GENERAL’S CHAMBERS
(Left To Right) Front Row:
Phua Wee Chuan, Ms Mavis Chionh Sze Chyi,
David Chong Gek Sian (Principal Senior State Counsel, Civil Division),
Eric Chin Sze Choong
(Left To Right) Back Row:
Stanley Kok Pin Chin, Ms Chong Chin Chin, Ms Hema Subramanian,
Ms Brenda Chua Wei Ling, Ms Woon Seow Cheng,
Jay Lee Yuxian, Ms Low Siew Ling, Ms Toh Hwee Lian,
Shawn Ho Hsi Ming, Kessler Soh Boon Leng
43
Advancing the Rule of Law
average reasonable reader allegations of
bias, lack of impartiality, impropriety or
any wrongdoing concerning a judge in
the exercise of his judicial function”.
As part of the Division’s continuing
commitment to the legal training of public
officers, the LSOs conducted courses and
seminars in 2008, including the annual
Constitutional and Administrative Law
Seminar and the Cross Public Sector
Capabilities Sharing Session. To keep
the public sector informed of legal
developments relevant to its work, the
LSOs also published an online Legal
Update newsletter on recent court cases
and legislation.
Reinforcing Singapore’s role as a
responsible member of the international
community, the LSOs shared their expertise
by attending foreign legal fora, including
the 4th ASEAN Law Forum on Mutual
Legal Assistance in Civil and Commercial
Matters in Hanoi, the 5th ASEAN Law
Forum on Harmonisation of Trade Laws
in Bangkok, and the 12th ASEAN Senior
Law Officials Meeting and the 7th ASEAN
Law Ministers Meeting in Brunei.
As at 31 December 2008, there were 14
LSOs in the Division.
Legislation And Law Reform Division
The mission of the LLRD is to contribute
to constitutional government, sustainable
development and an accessible statute
book for all through the provision of high
quality, impartial and efficient services in
legislative drafting, revision of legislation
and reform of the law.
44
With the merger of the former Legislation
Division and the former Law Reform
and Revision Division came a merger
of functions. The LLRD is helmed by
Parliamentary Counsel and Principal Senior
State Counsel Mr Charles Lim Aeng Cheng.
The LLRD provides legislative drafting
and consultancy services, carries out law
reform functions and supports the Law
Revision Commissioners in law revision.
The LSOs in the LLRD are organised into
four Directorates headed by a senior LSO
with subject-matter specialisation. A
common resource pool of legal executives
and corporate support officers carry
out independent checking, editing and
publication of current legislation and
revised editions of legislation. This enables
greater flexibility in assigning staff to assist
LSOs in coping with time-sensitive changes
in workload and workflow, as the LLRD’s
work comes from various Government
Ministries and Statutory Boards with their
own deadlines. The LLRD is a key player in
multi-faceted projects carried out by the
AGC, often involving other Divisions, the
Ministry of Law and the Courts.
Three Directorates focus on the drafting
of all Government Bills and subsidiary
legislation. The LSOs also advise Ministries
and Statutory Boards on the appropriate
legislative framework required to give effect
to their policies, the legal propriety of their
proposed policies and the interpretation of
legislation. Additionally, the LSOs assist
Ministries in the public consultation of their
Bills and in vetting their Cabinet memoranda
and Ministerial speeches delivered at the
second reading of Bills in Parliament. In
the fourth Directorate, the LSOs focus
on law reform work by identifying and
LEGISLATION AND LAW REFORM DIVISION,
ATTORNEY-GENERAL’S CHAMBERS
(Left To Right) Front Row:
David Lim Hock Choon, Mrs Owi Beng Ki,
Charles Lim Aeng Cheng (Principal Senior State Counsel/Parliamentary Counsel),
Soh Kee Bun
(Left To Right) Second Row:
Phang Hsiao Chung, Ms Lee Yean-Lin, Ms Melinda Moosa,
Mrs Joyce Chao Suling, Lee Chuan Huei, Sundareswara Sharma
(Left To Right) Back Row:
Chong Kah Wei, Mrs Wendy Chang Mun Lin, Ms Shahrinah Bte Abdol Salam,
Ms Emily Teo Sze-Yin, Ms Julie Huan Li Yueh, David Lim Jit Hee
Not in Picture:
Ms Jeanne Lee Ming En
45
Advancing the Rule of Law
undertaking projects to review and, where
necessary, recommend changes to the law.
Detailed research is done for each project
on the laws of Singapore and relevant
foreign jurisdictions and consultations are
held with various stakeholders, including
Government agencies, professional bodies
and the public. The LSOs work with the aim
of creating a modern and just infrastructure
consistent with the best legal systems in
the world.
In 2008, the Division drafted 39 Bills
which were introduced in Parliament and
706 pieces of subsidiary legislation which
were published. The significant legislation
drafted by the Division in 2008 included
the following: Constitution of the Republic
of Singapore (Amendment) Bill, Children
Development Co-Savings (Amendment)
Bill, Legal Profession (Amendment) Bill,
Income Tax (Amendment) Bill, Securities
and Futures (Amendment) Bill, Financial
Advisors (Amendment) Bill, and the
Mental Capacity Bill. The amendments to
the Constitution revised the framework
by which Government is allowed to draw
from investment returns on its reserves for
spending each financial year by introducing
a spending rule based on the total returns
on assets managed by the Monetary
Authority of Singapore (“MAS”) and the
Government of Singapore Investment
Corporation Pte Ltd, which include capital
gains and losses. It does this by applying
a forward-looking assessment of the
long-term expected real rates of return in
respect of which the Minister for Finance
must obtain the President’s concurrence
every financial year. The Government may
46
in each financial year spend up to half of
the returns based on the agreed long-term
expected real rates of return.
The enhanced marriage and parenthood
package announced at the 2008 National
Day Rally had to be implemented much
earlier than originally planned. The Children
Development Co-Savings (Amendment)
Bill had to be drafted and passed within a
greatly compressed timeframe to respond
effectively to the demands of the public.
The amendments in 2008 to the Legal
Profession Act made modifications to
the disciplinary process for solicitors,
introduced measures to deal with situations
where a solicitor is incapacitated so as to
be unable to attend to his practice or where
a solicitor’s fitness to practice appears
to have been impaired, and modified the
regulatory mechanisms to liberalise the
practice of law in Singapore by foreign
lawyers. The Income Tax Act was amended
to implement tax changes announced in
the 2008 Budget Statement and improve
tax administration. The Securities and
Futures Act will undergo major changes,
among others, to modify the regulatory
framework for holders of capital markets
services licences and their representatives,
to expand the civil penalty and civil
liability regimes to cover a wider group of
persons and contraventions of the Act and
to introduce a disgorgement procedure, and
to consolidate the disclosure requirements
on substantial shareholding and directors’
shareholdings in a single Act. The Financial
Advisors Act will also be amended, among
other things, to modify the regulatory
framework for financial advisers and their
representatives. The new Mental Capacity
Act reformed and updated the law to
address situations where decisions need
to be made on behalf of persons lacking
mental capacity.
The fourth Directorate undertakes law
reform projects, some of which were done
in consultation with the Singapore Academy
of Law and Government Ministries,
especially the Ministry of Law. The various
projects included review of legislation and
inputs into development of policies for
amending existing law and introducing
new laws. Examples of significant law
reform projects in 2008 are the amendments
to the Consumer Protection (Fair Trading)
Act, the Civil Law Act, and the Limited
Partnerships Act. The LSOs also support
the work of the Steering Committee on
the Review of the Companies Act chaired
personally by the Attorney-General. The
LSOs also participated in the review of the
regulation of new media, overseen by the
Advisory Council on the Impact of New
Media on Society.
Training
comprises
an
additional
responsibility of LSOs. In November 2008,
the Division conducted the Basic Legislative
Drafting Course. The Course was attended
by 35 participants, including officers from
Ministries and Statutory Boards, a Senior
Assistant Parliamentary Draftsman from
Malaysia and two State Counsel from
Brunei Darussalam.
As at 31 December 2008, the Division had
17 LSOs.
Ministries And
Legal Service Departments
The LSOs may be posted or seconded to
various Ministries and Legal Service
departments to undertake a broad range of
duties. They may serve as representatives
or legal counsel of the Attorney-General
at the Ministries of Defence, Education,
Health, Home Affairs, Law, Manpower
and Community Development, Youth
and Sports. These LSOs provide legal
advice, assist in the review and drafting
of legislation, and vet contracts and other
legal documents. They may also be involved
in policy formulation, financial and
personnel administration, staff training,
computerisation, and public relations
work. In addition, they may be involved
in management and administration within
their respective Ministries.
The LSOs may also be posted to specialised
Legal Service departments or seconded to
Statutory Boards. These include the Legal Aid
Bureau, the Insolvency & Public Trustee’s
Office, the Competition Commission
of Singapore, the Intellectual Property
Office of Singapore, the Accounting and
Corporate Regulatory Authority and the
Singapore Land Authority. Within each of
these departments, a senior LSO provides
leadership and is responsible for the overall
management and administration of these
organisations. The LSOs in each of these
departments are generally involved in the
implementation and enforcement of the
relevant legislation and policies administered
by their respective departments.
47
Advancing the Rule of Law
THE SOLICITOR-GENERAL, THE DEPUTY SOLICITOR-GENERAL AND
HEADS/supervisors OF LEGAL BRANCH DEPARTMENTS
(Left To Right) Front Row:
Ms Liew Woon Yin (Chief Executive/Director-General, IPOS),
Jeffrey Chan Wah Teck (Deputy Solicitor-General),
Mrs Koh Juat Jong (Solicitor-General),
Ms Foo Tuat Yien (Assistant Chief Executive, Legal & Enforcement Division, CCS
[until 31 January 2009]),
Low Wee Ping (Director, Legal Services department, MINDEF [until 31 December 2008])
(Left To Right) Back Row:
Hui Choon Kuen (Director, Legal Services department, MOM),
Ms Juthika Ramanthan (Chief Executive, ACRA),
Ms Teoh Ai Lin (Senior Director, Legal Unit, Ministry of Home Affairs),
Tan Puay Boon (Director, Legal Aid Bureau),
Wong Keen Onn (Director, Legal Services department, MINDEF [with effect from 1 January 2009]),
See Kee Oon (Official Assignee & Public Trustee, IPTO),
Vincent Hoong Seng Lei (Registrar of Titles & Deeds/Controller of Residential Property, SLA),
Ms Valerie Thean Pik Yuen (Director, Legal Policy Division, MinLaw)
48
Legal Services Department,
Ministry Of Defence
The mission of the Legal Services
department of the Ministry of Defence
(“LSD, MINDEF”) is to provide legal advice
to MINDEF and the Singapore Armed
Forces (“SAF”).
The Director of the LSD, MINDEF represents
the Attorney-General as the principal legal
advisor in MINDEF. He is concurrently
the Chief Military Prosecutor of the SAF.
The Director of the LSD, MINDEF as at 31
December 2008 was Mr Low Wee Ping, a
senior LSO. Mr Wong Keen Onn, a former
Principal District Judge, assumed the
appointment on 1 January 2009.
There are six practices to ensure greater
specialisation of the varied work undertaken
by the LSOs at the LSD, MINDEF. The six
practices are: Agency & Statutory Law,
Civil Law, Contract Law, International
& Operations Law, Military Law, and
Technology & Intellectual Property Law.
The Agency & Statutory Law, Civil Law,
Contract Law and Technology & Intellectual
Property Law practices are headed by an LSO.
Mr Luke Tan, the Head of the Technology
& Intellectual Property Law practice, is
concurrently the Deputy Director of the LSD,
MINDEF. The LSOs are also concurrently
appointed as military prosecutors.
The LSD, MINDEF provides legal advice in
the following areas of law: constitutional
and administrative law; contract law; tort
law; criminal law; military law; intellectual
property law; technology law; international
law; agency law; dispute resolution,
including negotiations and mediation;
international commercial transactions;
and drafting of legislation.
In 2008, the LSD, MINDEF handled several
significant matters. These included legislative
amendments to reflect changes to maternity
leave policy; legal issues arising from
National Day Parade 2008; advising on
compensation issues for death and personal
injury in the SAF; contractual issues from
the RSAF’s procurement of new fighter jets;
issues arising from SAF overseas deployment;
providing legal advice and support to the
Singapore Airshow 2008; and the settlement
of various contractual and intellectual
property disputes.
The LSD, MINDEF publishes a quarterly
bulletin, “The MINDEF Legal Counsel”, to
highlight important developments in the
law affecting MINDEF and the SAF, and to
provide legal guidance on defence-related
issues. The bulletin has been in publication
for 13 years and the publication in
December 2008 was its 48th issue. Its
hallmark has always been the ability
to express legal concepts and issues in
plain language to raise legal awareness
in MINDEF and the SAF. The bulletin is
distributed to all MINDEF departments,
SAF commanders, LSOs, Ministries, law
firms and selected legal professionals and
enforcement agencies.
As at 31 December 2008, there were eight
LSOs posted at the LSD, MINDEF.
49
Advancing the Rule of Law
LEGAL SERVICES DEPARTMENT, MINISTRY OF DEFENCE
(Left To Right) Front Row:
Wong Keen Onn
(Director, Legal Services department, MINDEF [with effect from 1 January 2009]),
Low Wee Ping
(Director, Legal Services department, MINDEF [until 31 December 2008])
(Left To Right) Back Row:
Kow Keng Wee, Luke Tan Loke Yong,
Eugene Lee Yee Leng, Ivan Chua Boon Chwee
Not in Picture:
Ms Hee Mee Lin, Gilbert Low Teik Seang
50
Legal Aid Bureau
The Legal Aid Bureau is committed to
providing quality legal aid and advice to
persons of limited means in a wide range
of civil matters. These include matrimonial
proceedings, adoption and custody matters,
monetary and road accident claims,
committee of person and estate applications,
wages claims, wrongful dismissal, Syariah
court matters as well as estate matters. The
LSOs provide legal representation in court,
advice on Singapore law and assistance
in drafting legal documents such as wills.
Applicants have to satisfy both the means
test and the merits test as set out in the
Legal Aid and Advice Act in order to be
eligible for legal aid.
The Bureau is headed by a senior LSO Mr
Tan Puay Boon. The LSOs take on leadership
roles as Senior Deputy Director, Deputy
Director, Senior Assistant Directors and
Assistant Directors, assisting the Director
in various aspects of work at the Bureau.
With strong support from the Bureau’s
dedicated staff, the LSOs handled 9,957
fresh cases in 2008. In addition, the LSOs,
ever mindful of their civic responsibilities,
regularly volunteer their personal time to
provide free legal advice to members of
the public at the Free Legal Clinic held at
the Family and Juvenile Courts.
The Bureau is assisted by more than
400 solicitors on the Bureau’s Panel of
Solicitors. These solicitors volunteer their
services to the Bureau, providing legal
opinions on the cases of legally-aided
clients, and representing clients in court.
The Bureau accords very high priority
to service excellence. From 2005, cases
have been managed using an online file
management system known as the Legal Aid
Management Portal. This has contributed to
increased efficiency and promptness in the
retrieval of information and in attending to
the queries of applicants. This has in turn
translated to higher service standards. In
order to maintain the high standards, the
LSOs lead various committees including
those for ISO 9001:2000 certification, PS21,
Singapore Quality Class and Singapore
Service Class.
In order to provide the Bureau’s applicants
with a holistic service, the Give Another
Lifeline programme (which was introduced
in October 2001 and is currently being run
in partnership with the National Council of
Social Service and the Tanjong Pagar Family
Service Centre [“TPFSC”]), is now available
five times a week. Under this programme, a
professional social worker from the TPFSC is
stationed at the Bureau and offers counselling
and emotional support to the Bureau’s
applicants in a dedicated counselling room
where privacy is available. In 2008, 1,651
persons have benefited from the services of
the social worker.
The Bureau celebrated its 50th Anniversary
in 2008. A dinner was held on 19 November
2008 to commemorate the occasion and to
recognise the contributions of the Bureau’s
longstanding partners. A book, “Access to
Justice, 50 years of Legal Aid”, detailing
the history, development and achievements
of the Bureau, was also published.
As at 31 December 2008, there were 11
LSOs posted at the Bureau.
51
Advancing the Rule of Law
LEGAL AID BUREAU
(Left To Right) Front Row:
Ms Suriakumari Sidambaram, Louis D’Souza,
Tan Puay Boon (Director, LAB),
Tan Jen Tse, Ms Karen Loh Pei Hsien,
(Left To Right) Back Row:
Reynard Cheok Yu-Liang, Sheik Mustafa Bin Abu Hassan,
Ms Janice Chia Yong Yong, Ms Dawn Lim Shiqi
Not in Picture:
Ms Lim Hui Min, Ms Elena Yip Luyang
52
Insolvency And Public Trustee’s Office
The Insolvency and Public Trustee’s Office
(“IPTO”) is headed by Mr See Kee Oon,
who holds the concurrent appointments
of Official Assignee, Official Receiver and
Public Trustee. Mr See is also the Registrar
of Moneylenders and Pawnbrokers. He is
assisted by a team of LSOs who actively
oversee the work of the various divisions
in the IPTO. These divisions include
the Individual Insolvency Division, the
Corporate Insolvency Division, the Public
Trustee’s Division and the Registry of
Moneylenders and Pawnbrokers.
The LSOs are involved in a wide variety of
work, which include advising on legal issues
that arise in the course of the administration
of bankruptcies and liquidations of
corporate and other entities, as well as in
the administration of intestate estates. They
also advise on new initiatives undertaken by
the IPTO and constantly review the existing
law and develop policies to efficiently
administer the various statutory functions
undertaken by the department.
The year 2008 saw an increase in the number
of corporate insolvencies as compared to
2007. There was, however, a decrease in
the number of fresh bankruptcies in the
same period. Nevertheless, in view of the
current financial climate, the total number
of insolvencies is expected to increase in
2009. In light of this, the IPTO’s proposed
amendments to the Bankruptcy Act to
introduce a Debt Repayment Scheme
will bring about a useful addition to the
pre-bankruptcy regime. The amendments
are expected to be in force in 2009.
On the corporate insolvency front, the
IPTO has been working with stakeholders
from
the
Insolvency
Practitioners
Association of Singapore to review the
corporate insolvency provisions in the
Companies Act. In addition, the IPTO is
studying possible reforms to the corporate
restructuring regime.
The IPTO has also been working on
amendments to the Moneylenders Act to
introduce a more flexible and progressive
approach to the regulation of moneylending
to keep pace with the modern credit economy,
whilst taking into account the social policy
on access to credit. The amendments were
passed in Parliament in November 2008.
In 2008, the Mental Capacity Act was
passed. Under the framework of this Act,
officers of the IPTO may be appointed
by the Public Guardian to carry out
investigations into the financial affairs of
mentally incapacitated persons in respect
of whom a donee of a lasting power of
attorney has been appointed.
The IPTO has also agreed to work with the
Special Needs Trust Company on setting
up a trusteeship scheme for the benefit
of persons with special needs. Under the
proposed scheme, the Public Trustee will
act as custodian and manager of the funds
provided by the parents, guardians or
committees of persons who have agreed to
participate in the scheme.
The IPTO’s electronic workflow and case
management systems allow the public to
access many of the IPTO’s services online.
To enhance ease of access to electronic
53
Advancing the Rule of Law
INSOLVENCY and PUBLIC TRUSTEE’S OFFICE
(Left To Right):
Lim Yew Jin,
Ms Beverly Wee Ying Ling,
See Kee Oon (Official Assignee & Public Trustee),
Malcolm Tan Ban Hoe,
Chan Wang Ho
54
services to the public, 2008 saw the
introduction of a scheme to allow payments
for various services to be made at SingPost
outlets and SAM machines.
The IPTO achieved recertification of its
ISO 9000 status and the People Developer
Standard in 2008.
As at 31 December 2008, there were five
LSOs at the IPTO.
Legal Policy Division, Ministry Of Law
The Legal Policy Division (“LPD”),
headed by Ms Valerie Thean Pik Yuen,
is the division within the Ministry of
Law (“MinLaw”) tasked with the review
and formulation of legal policy for
Government as a whole. This involves
a wide spectrum of legal work ranging
from domestic civil law and criminal law
issues, to public international law issues
and law reform in both the domestic and
international spheres.
One key role of the LPD is the vetting of
all Government Bills from a legal policy
perspective. In 2008 alone, the LPD vetted
more than 40 Bills. Special attention
is paid to the constitutionality of the
various provisions, the proportionality of
penalties, the use of mandatory minimum
sentences, immunity, composition, judicial
review and rights of appeal. The role of
MinLaw as a gatekeeper of legal policies
necessitates participation in numerous
inter-ministry committees. These include
the task force to look into the problem of
latent defects in consumer products and the
Strategic Interest Group to study the policy
implications from rising divorce rates.
MinLaw also has oversight of more than
80 Acts dealing with the legal profession
and legal services industry development,
arbitration and mediation, individual
bankruptcy and corporate insolvency,
legal aid, moneylending and pawnbroking,
land, intellectual property, extradition and
judicial assistance.
Notable work done by the LPD in 2008 in
the domestic arena included the review of
the Criminal Procedure Code, the overhaul
of Singapore’s statutory framework for
public inquiries by the enactment of an
omnibus Inquiries Act, repeal and reenactment of a new Moneylenders Act,
introduction of a debt repayment scheme
to help debtors avoid bankruptcy, the
lowering of the age of capacity to contract,
amendments to dependency claims, and
policy formulation for a new statutory
framework for individuals lacking in
mental capacity.
The LPD was also
integrally involved in supporting legal
sector development and providing key
assistance behind Government’s decision
to accept the Report of the Committee to
Develop the Singapore Legal Sector.
On the public international law front, the
LPD dealt with a myriad of mutual legal
assistance requests, the implementation of
United Nations (“UN”) sanctions (e.g. against
Iran), the implementation of anti-terrorism
financing measures (with the Ministry of
Home Affairs and the MAS), Singapore’s
participation in the UN Convention Against
Transnational Organised Crime and the UN
Convention Against Corruption and Free
Trade Agreements. The LPD’s work on
this front also involved the evaluation of
Singapore’s legal regime by the Financial
Action Task Force.
55
Advancing the Rule of Law
LEGAL POLICY DIVISION, MINISTRY OF LAW
(Left To Right):
Ms Lim Jen Hui, Ms Cheng Pei Feng, Mark Anand Jayaratnam,
Ms Valerie Thean Pik Yuen (Director, LPD, MinLaw),
Andy Sim Yock Ann, Mrs Lim Su Ching
56
Legal sector development will continue to be
a key MinLaw priority for 2009. MinLaw
is helming the implementation of the
Report of the Committee to Develop the
Singapore Legal Sector, and is working
with multiple agencies on the growth of the
legal services sector. MinLaw is also tasked
with implementing a policy proposal from
Justice V K Rajah’s Committee to safeguard
clients’ conveyancing monies. Law reform
efforts will continue on the Arbitration
Act, the Legal Profession Act, the Criminal
Procedure Code, and the Pawnbrokers Act,
and the corporate rescue provisions under
the Companies Act. A new Coroners Act
and a Contempt of Court Act are also in
the pipeline.
As at 31 December 2008, there were six
LSOs in the LPD.
Legal Unit, Ministry Of Home Affairs
The Legal Unit (“LU”) of the Ministry of
Home Affairs (“MHA”) is staffed by four
LSOs. Ms Teoh Ai Lin heads the LU.
The LU provides legal advice to the senior
management and staff of the various
departments in MHA’s headquarters. It also
provides advice to its agencies, including
the Singapore Police Force, the Singapore
Prisons Service, the Immigration and
Checkpoints Authority, the Traffic Police,
the Criminal Investigation Department, the
Singapore Civil Defence Force (“SCDF”)
and the Central Narcotics Bureau.
Aside from legal advisory work and
providing inputs on legal implications in
policy formulation, a core component of
the LU’s work comprises advising on and
drafting and vetting proposed amendments
to more than 45 statutes and subsidiary
legislation administered by the MHA and
its agencies. These include the Penal Code,
the Immigration Act, the Societies Act, the
Misuse of Drugs Act, the Prisons Act and
the Terrorism (Suppression of Financing)
Act. In this connection, the LU officers also
undertake comparative legislative research
as part of their work.
The officers of the LU also draft and
vet general contracts and cross-border
memoranda of understanding. They vet
the Public Service Commission disciplinary
cases and citizenship deprivation cases,
and provide legal input on the various
international conventions which impact
MHA and its agencies.
The LU also provides the senior management
of MHA with submissions and assessment
of evidence in relation to detention and
police supervision orders issued under
the Criminal Law (Temporary Provisions)
Act and legal advice on issues, cases and
processes pertaining to the said Act.
Each LSO is also a Reviewing Authority
for SCDF disciplinary cases. In 2008, the
LU conducted briefings and workshops for
SCDF disciplinary officers who conduct
summary trials.
57
Advancing the Rule of Law
LEGAL UNIT, MINISTRY OF HOME AFFAIRS
(Left To Right):
Ms Wong Pui Kay, Moey Weng Foo,
Ms Teoh Ai Lin (Senior Director, Legal Unit, MHA)
Not in Picture:
Paul Chi Pin Shyang
58
Legal Services Department,
Ministry Of Manpower
The Legal Services department of the
Ministry of Manpower (“LSD, MOM”)
consists of three LSOs, 24 Prosecuting
Officers and five other support staff. Headed
by Director Mr Hui Choon Kuen, the mission
of the LSD, MOM is to effectively and
expeditiously prosecute offences pursuant
to legislation under the MOM’s purview
and to provide quality legal advice to
the Ministry. The legislation enforced by
the LSD, MOM includes the Employment
of Foreign Manpower Act, the Workplace
Safety and Health Act, the Immigration
Act, the Employment Act, the Work Injury
Compensation Act and the Employment
Agencies Act.
The LSOs are responsible for rendering
advice on a wide range of legal issues
involving the Ministry. The LSOs are also
tasked with the vetting of the Ministry’s
contracts and agreements. They also assist
in drafting the legislation submitted by
the Ministry to the AGC for vetting. The
major legislative work done in 2008
included a joint effort with the Ministry
of Community Development, Youth and
Sports to effect substantial amendments
to the Children’s Development Co-savings
Act as part of Government’s efforts to
reverse declining birthrates. The year
2008 also saw the timely overhaul of the
Employment Act, since its last substantive
amendment in 1995, as part of an effort to
keep employment laws current. The LSOs
also played a critical role in the Ministry’s
internal review of policies and business
processes.
The LSOs are responsible for the overall
management of the LSD, MOM. This
includes budget planning and utilisation,
welfare of staff, recruitment, assessment
and promotion. The LSOs are also
responsible for training, supervising
and guiding the Ministry’s Prosecuting
Officers who prosecute employment-related
infringements in the Subordinate Courts.
The training needs of the LSD, MOM were
significantly higher in 2008, as the year
saw six new Prosecuting Officers joining
the LSD, MOM. Apart from personnel issues,
the LSOs also supervised the development
of the LSD, MOM’s information technology
(“IT”) projects. In 2008, the key IT project
undertaken was the enhancement to the
secure internal antecedent database.
Another key function undertaken by
the LSOs is their role as Assistant
Commissioners for Labour under the Work
Injury Compensation Act which since 1
April 2008 applies to all employees and
not just workmen. The LSOs adopt a quasijudicial role in managing and hearing
claims under the Act and assist in the
expeditious resolution of claims.
As at 31 December 2008, there were three
LSOs posted at the LSD, MOM.
59
Advancing the Rule of Law
LEGAL SERVICES DEPARTMENT, MINISTRY OF MANPOWER
(Left To Right):
Gnanasihamani Kannan,
Hui Choon Kuen (Director, Legal Services department, MOM),
Paul Chia Kim Huat
60
Legal Services Branch,
Ministry Of Education
The Legal Services Branch (“LSB”) in the
Ministry of Education (“MOE”) provides
legal support to the MOE’s senior
management, the various divisions of the
MOE, and all Government Schools.
The LSB operates independently from
within the MOE and is currently staffed
by two LSOs and one legal executive. Both
LSOs report directly to the MOE’s Deputy
Secretary (Services). In 2008, approval
was granted to increase the establishment
strength of the LSB by two additional LSOs
and one legal executive.
The LSOs at the LSB provide legal input
in the MOE’s policy deliberations and
dealings with the Statutory Boards under
the MOE’s purview, the non-Government
“mainstream” schools and the various
other private education providers. The LSB
also renders legal advice to the various
divisions of the MOE and Government
Schools on a wide spectrum of areas,
including administrative law, civil and
commercial law, personnel matters, matters
relating to charities and institutions of
public character, family law, intellectual
property law, as well as laws relating to
State Land and the exercise of statutory
powers.
Ms Daphne Chang and Mr Dominic Zou
have been posted at the LSB since 1 July
2006 and 1 March 2007, respectively.
The LSB also advises on and vets
tenders, contracts, funding agreements
and memoranda of understanding. The
Government Schools also frequently
consult the LSB on matters arising in the
course of their day-to-day operations. In
addition, the LSB assists in reviews and
amendments of legislation within the
MOE’s purview. It also works closely with
the Civil Division of the AGC on various
matters, including litigation issues.
The Legal Branch provides legal advice on a
wide range of issues. These include medicolegal issues such as medical negligence
and medical confidentiality, contract
law, administrative law and statutory
interpretation. The MOH has 28 pieces of
primary legislation under its purview. These
include areas such as infectious diseases
and public health, biological agents and
toxins, licensing of healthcare institutions,
regulation of healthcare professionals,
human organ transplant, as well as endof-life planning.
Legal Branch, Operations Group,
Ministry Of Health
The Legal Branch of the Ministry of
Health (“MOH”) provides legal advice
and legal support services to the MOH’s
20 divisions, as well as to its senior
management. The LSO serves as the
Deputy Director and is assisted by two
Assistant Directors, a manager and a
corporate support officer.
61
Advancing the Rule of Law
One of the Legal Branch’s key initiatives
in 2008 was the establishment of an
Enforcement Branch to strengthen and
professionalise regulation and enforcement
in the MOH.
Mr Desmond Lee was re-posted to the Legal
Branch of the MOH on 1 October 2005. The
posting was subsequently extended to 31
March 2009.
Legal Services Unit,
Ministry Of Community Development,
Youth & Sports
The Legal Services Unit (“the Unit”) at
the Ministry of Community Development,
Youth and Sports (“MCYS”) provides legal
advice and support to the various divisions
of the MCYS and its senior management.
The Unit operates independently within
the MCYS and reports directly to the
Deputy Secretary.
The Unit renders advice on a wide range
of legal issues arising from the operations
of the MCYS. These include areas such as
the exercise of regulatory and statutory
functions, intellectual property, data
62
protection and confidentiality, matters
related to charities and institutions of a
public character, adoption and family law
matters, finance matters, the rule of law and
governance issues, and the interpretation
of legislation within the purview of the
MCYS. Advice is also given on legal issues
arising from Singapore’s hosting of the
inaugural Youth Olympic Games in 2010.
In addition, the Unit advises on the drafting
and interpretation of tenders, contracts,
memoranda of understanding and other
legal documents.
The Unit also provides input and assistance
in the review or amendment of legislation
administered by the MCYS, or by other
Ministries which require input from the
MCYS. The Unit also provides legal input
and advice on policy deliberations, and in
dealings with Statutory Boards under the
purview of the MCYS.
The Unit works closely with the AGC,
particularly the Civil Division. The Unit
currently comprises one LSO who is assisted
by a corporate services officer.
Ms Asanthi Shiyara Mendis has been at
the Unit since 1 April 2006.
LEGAL SERVICES BRANCH, MINISTRY OF EDUCATION;
LEGAL BRANCH, MINISTRY OF HEALTH;
LEGAL SERVICES UNIT, MINISTRY OF COMMUNITY DEVELOPMENT,
YOUTH AND SPORTS
(Left To Right):
Dominic Zou Wen Xi (MOE),
Ms Asanthi Shiyara Mendis (MCYS),
Desmond Lee Ti-Seng (MOH)
Not in Picture:
Ms Daphne Chang Wei Hsian (MOE)
63
Advancing the Rule of Law
Commercial Affairs Department,
Singapore Police Force
The Commercial Affairs Department
(“CAD”) was first established in 1984
to combat complex commercial fraud
and white-collar crime in Singapore.
With the merger of the CAD and the
Commercial Crime Division of the Criminal
Investigation Department in 2000, the
CAD was reconstituted as a department
of the Singapore Police Force (“SPF”).
The CAD’s mission is to safeguard
Singapore’s integrity as a world class
financial and commercial centre through
the vigilant and professional enforcement
of the law. It investigates commercial
crime offences, including offences under
the Companies Act; Corruption, Drug
Trafficking and Other Serious Crimes
(Confiscation of Benefits) Act; Legal
Profession Act; Multi-Level Marketing &
Pyramid Selling (Prohibition) Act; Penal
Code; Securities & Futures Act; and
Terrorism (Suppression of Financing) Act.
Mr Ong Hian Sun was re-posted from the
CJD, AGC to the CAD as its 2nd Director
on 1 March 2008. He took over as Director
CAD on 1 June 2008 from Mr Tan Siong
Thye, who was re-posted to the Subordinate
Courts on the same date.
The CAD dealt with a wide spectrum of
cases in 2008. There was a significant
increase in phone scams. These included
lucky draw scams, kidnap scams and
scams involving the impersonation of
court officials or police officers. The
perpetrators would call up victims and,
using various ruses, trick the victims into
transferring or remitting money to them.
64
COMMERCIAL AFFAIRS
DEPARTMENT, SINGAPORE
POLICE FORCE
Ong Hian Sun
(Director, CAD, SPF)
Working closely with the AGC, the CAD
brought several people to task under the
Corruption, Drug Trafficking and Other
Serious Crimes (Confiscation of Benefits)
Act for allowing their bank accounts to be
used to facilitate the transfer of victims’
monies to the fraudsters.
The CAD investigates offences under the
Legal Profession Act, particularly section
33 which stipulates that unqualified persons
are not allowed to practise Singapore law.
In 2008, the CAD prosecuted four persons
and issued stern letters of warning to
another eight persons for contravening
section 33 of the Legal Profession Act.
Singapore is a member of the Financial
Action Task Force (“FATF”), which is an
inter-government body that spearheads the
global fight against money laundering and
terrorism financing. In September 2007, the
FATF and the Asia Pacific Group (“APG”) on
Money Laundering evaluated the robustness
of Singapore’s anti-money laundering and
counter financing of terrorism regime. The
CAD’s Suspicious Transaction Reporting
Office, which is the Financial Intelligence
Unit of Singapore, participated as a key
player in the evaluation. In April 2008,
the FATF published a report in which
Singapore was assessed to have achieved a
high degree of compliance with the FATF
standards. In July 2008, Mr Ong Hian Sun,
in his capacity as Director of the CAD, was
endorsed as the APG Co-Chairman for a
period of two years.
The CAD has also participated in the ongoing
review of legislation such as the Criminal
Procedure Code, the Penal Code and the
Corruption, Drug Trafficking and Other
Serious Crimes (Confiscation of Benefits) Act.
Secondment Schemes
The Legal Service secondment schemes aim
to provide LSOs multi-disciplinary training.
These schemes serve to widen the breadth
of exposure and to enhance their legal,
managerial and leadership skills.
Under the Legal Service secondment schemes,
LSOs are seconded to Statutory Boards or
specifically designated positions to undertake
legal work, or to the Ministries to undertake
policy work in positions typically assumed
by Administrative Officers. These schemes
provide LSOs a wide range of exposure in
various areas of the law and in policy work.
LSOs may also be seconded to key public
institutions to undertake specific functions
and responsibilities. The scheme provides
opportunities for LSOs to enhance their
appreciation of the roles and functions of
these institutions.
Secondments To The Competition
Commission Of Singapore
There were seven LSOs on secondment to
the Competition Commission of Singapore
(“CCS”) as at 31 December 2008.
Ms Foo Tuat Yien’s appointment as
the Assistant Chief Executive (Legal &
Enforcement) was extended for another
year (with effect from 1 February 2008).
Ms Sia Aik Kor and Mr Christopher Tan
continued in their two-year secondments
(with effect from 1 April 2007 and 1
February 2007, respectively). Ms Sia
continued as Director, Legal & Enforcement
(“L&E”) Division while Mr Tan was redesignated from Director, Mergers Unit to
Second Director, L&E Division (with effect
from 1 March 2008).
Mr Alvin Koh was seconded to the CCS
on 1 April 2008 for a period of two
years. Ms Ching Sann and Mr Ow Yong
Tuck Leong continued in their two-year
secondments (with effect from 1 August
2007 and 1 March 2007, respectively). Mr
Adam Nakhoda’s secondment to the CCS
was extended for a further two years (with
effect from 1 April 2008).
65
Advancing the Rule of Law
COMPETITION COMMISSION OF SINGAPORE
(Left To Right):
Christopher Tan Pheng Wee, Ow Yong Tuck Leong, Ms Ching Sann,
Ms Foo Tuat Yien (Assistant Chief Executive, L&E Division, CCS),
Adam Nakhoda, Ms Sia Aik Kor, Alvin Koh Meng Sing
66
The LSOs in the L&E Division provide
legal advice and support on all aspects of
the work of the CCS. They work in crossdivisional teams comprising legal and
enforcement officers as well as competition
analysts and often lead investigations
into cases involving anti-competitive
agreements and abuses of dominant
positions. In January 2008, the CCS found
that six companies in the pest control
industry had infringed the Competition Act
by engaging in bid-rigging and collusive
tendering arrangements, and imposed a
total financial penalty of S$262,759.66.
The CCS also intervened in a number of
cases to stop anti-competitive agreements
from coming into effect.
The LSOs are closely involved in
the analysis of notifications filed
by companies seeking guidance or a
decision on their business practices.
These included the guidance in June
2008 to the Institute of Estate Agents,
made public with their consent, that its
issued Professional Fees/Commission
Guidelines were likely to infringe
the Competition Act. LSOs are also
involved in the assessment of mergers
to determine if they substantially lessen
competition in Singapore. In 2008, the
CCS assessed seven mergers involving
global companies in various sectors
including information and technology
services, industrial substances, specialty
bonding wires, chemical management
equipment, and semiconductor foundry
services. The LSOs also proposed and
conducted a public consultation on
amendments to the Leniency Programme
of the CCS to enhance enforcement
action against cartels. In addition, LSOs
were also involved in the amendments
to the Competition Regulations 2007
and the Competition (Notification)
Regulations 2007.
To support the CCS in its role as the current
Chairman of the ASEAN Experts Group
on Competition, the LSOs led and worked
with other ASEAN representatives in
various working groups tasked to develop
a regional guideline on competition policy
and formulate a coherent training and
capacity-building programme to meet
the needs of member countries in their
development of competition policy. The
LSOs also have the opportunity to be
involved in negotiations and review of
the competition chapters in Singapore’s
Free Trade Agreements and to present at
international fora on the effectiveness of
Singapore’s competition policy and law.
The LSOs also participate in outreach
programmes targeted at businesses and
industry players.
The LSOs had the opportunity to
participate in both local and overseas
training sessions and seminars conducted
by or on behalf of Asia-Pacific Economic
Cooperation, the Organisation for Economic
Co-operation and Development, the
American Bar Association and the
International Competition Network. These
were held in countries such as the Republic
of Korea, Vietnam, the United States, Peru,
Portugal and Germany.
67
Advancing the Rule of Law
Secondments To The Accounting And
Corporate Regulatory Authority
The Accounting and Corporate Regulatory
Authority (“ACRA”) administers the
Accountants Act, the Business Registration
Act, the Companies Act, and the Limited
Liability Partnerships Act.
The Chief Executive, Ms Juthika Ramanathan
(who is a senior LSO), also performs the
statutory functions of the Registrar of
Companies and Businesses, the Registrar
of Public Accountants and the Registrar
of Limited Liability Partnerships. She also
serves as a member of the ACRA Board
(and a number of its sub-committees),
the Accounting Standards Council of
Singapore, the Corporate Governance
Steering Committee (a joint ACRAMAS-Singapore Exchange Ltd (“SGX”)
committee
to
spearhead
corporate
governance initiatives in Singapore), the
Advisory Council of the International
Forum of Independent Audit Regulators
(an international body of audit regulators)
and the Executive Committee of the
Corporate Registers Forum (an international
association for corporate regulators).
Mr Muhammad Hidhir Bin Abdul Majid
continued in his appointment as Deputy
Chief Executive (Legal and Enforcement)
and Deputy Registrar. He is also the Head of
the Legal Services Group which comprises
the General Counsel Unit (“GCU”) and the
Legal Policy and Reform Unit (“LPRU”). The
work of the LSOs was regrouped into the two
clusters with effect from 1 January 2008
to provide clearer and sharper focus on the
different areas of legal work undertaken
by the LSOs based on the endorsed workplan and divisional strategic directions for
68
2008/2009. The remaining six LSOs are
appointed as Senior Assistant Registrars
or Assistant Registrars.
Mr Terence Ong heads the GCU which is
staffed by Mr Sunari Bin Kateni and Mr
Leonard Goh. The function of the GCU is
to provide sound and timely legal advice
and legal support to the ACRA Board
and the various divisions in the ACRA,
including interpretation of laws, drafting
and vetting of legal documents, providing
directions and guidance in enforcement
matters and disciplinary cases against
public accountants and acting as legal
counsel for the ACRA in both criminal and
civil proceedings.
Ms Toh Wee San heads the LPRU which is
staffed by Ms Elena Yeo and Mr Andrew
Abraham. The LPRU’s main area of work is
to review the business laws and formulate
legal policies to meet evolving business
needs, and to educate the business
community on such reforms through
seminars, talks and other public education
programmes held by the ACRA or jointly
with its partners. The LPRU’s work also
includes active monitoring and study of the
legal developments in leading jurisdictions,
engaging the relevant professional and
business communities in consultations and
discussions, and making recommendations
to Government on changes which can
further enhance Singapore’s international
competitiveness and ranking. The LPRU
also provides secretariat support to the
ACRA Board and board committees.
The LSOs in the two units also manage a
team of Legal Policy Officers and Legal
Executives in the Group.
The ACRA’s LSOs have also been specifically
involved in a number of significant
projects, including the following:
n
n
The Companies Act Rewrite exercise
A Steering Committee, chaired by
the Attorney-General, was appointed
by the Minister for Finance for the
purpose of reviewing the Companies
Act with a view to retain an efficient
and transparent corporate regulatory
framework that supports Singapore’s
growth as a global hub for both
businesses and investors. Its members
comprise the ACRA’s Chief Executive,
senior
practitioners,
Government
representatives, representatives from the
business community and the Dean of the
NUS Law Faculty. There are five working
groups set up under the Committee.
Ms Ramanathan chairs one of the
five working groups whilst three LSOs
provide secretarial, legal and research
support and prepare discussion papers
for three of the five working groups.
Directors’ Duties Study Team (“DDST”)
The study team, formed by the ACRA
in August 2007 and chaired by the
ACRA’s Chief Executive and assisted by
LSOs, continued with its study on the
responsibilities of directors on financial
matters, the suitability of UK’s codification
of director’s general duties for adoption
in Singapore and other related matters.
The DDST comprises members from the
accounting and legal profession, directors
and representatives from the SGX, the
MAS and relevant professional bodies.
The study was completed in August
2008 and a report containing proposals
has been submitted to the Ministry of
Finance (“MOF”) for consideration.
n
Limited Partnerships (“LP”)
A study team led by the private sector and
supported by LSOs, continued its work
to propose the regulatory framework
for LP, a new form of business vehicle
which will give both local and foreign
investors greater flexibility in the type
of structure to be used for business.
The LSOs worked with the AGC and the
MOF to prepare the LP Bill which was
passed in Parliament on 18 November
2008. The LSOs involved will continue
to support the ACRA and the business
community in the implementation of
the LP Act.
n
Amendments to various Acts within
ACRA’s purview
The LSOs continued to work on various
proposed amendments to the Acts under
the ACRA’s purview. These included
new provisions relating to the reporting
of an alternate address at which an
individual may be located, in place of
his residential address, the regulation
of company service providers based on
the recommendations of the Financial
Action Task Force and the re-statement
of financial statements by directors in the
Companies Act. Arising from feedback
from the ACRA public consultations and
a survey of legal issues arising under the
Accountants Act, the LSOs, together with
the ACRA’s accountants, also reviewed
the provisions of the Accountants Act
including the regulations relating to the
Code of Ethics for public accountants to
ensure it remains realistic and relevant.
The Business Registration Act is also
being reviewed to, amongst other
things, make it more up to date.
69
Advancing the Rule of Law
ACCOUNTING AND CORPORATE REGULATORY AUTHORITY
(Left To Right) Front Row:
Ms Toh Wee San,
Ms Juthika Ramanathan (Chief Executive, ACRA),
Ms Elena Yeo Ju-Lan
(Left To Right) Back Row:
Terence Ong, Andrew Abraham, Sunari Bin Kateni,
Muhammad Hidhir Bin Abdul Majid
Not in Picture:
Leonard Goh Choon Hian
70
In addition to the above legal work, the
senior LSOs are part of the ACRA’ s senior
management team and take the lead in
major initiatives. These included the
implementation of Extensible Business
Reporting Language, an international
standard for business reporting by
companies which was implemented by the
ACRA as part of its move towards a more
transparent and better informed business
environment with easier access and better
quality of financial data. The ACRA also
implemented the Unique Entity Number, a
multi-Government agency initiative aimed
at easing interaction with Government
agencies, as well as attained the Singapore
Quality Service Class in October 2008.
There were eight LSOs seconded to the
ACRA as at 31 December 2008.
Secondments To The Intellectual
Property Office Of Singapore
The Intellectual Property Office of
Singapore (“IPOS”) is a Statutory
Board under the Ministry of Law and is
established under the IPOS Act. It is the
lead Government agency that advises
on and administers intellectual property
(“IP”) laws, promotes IP awareness and
provides the infrastructure to facilitate the
development of IP in Singapore. As the IP
regulator and policy advisor, the IPOS is
committed to maintaining a robust and
pro-business IP regime for the protection
and commercial exploitation of IP. On the
policy front, the IPOS works with economic
agencies and the IP business community
to formulate and review IP policies and
practices. An area of work of the IPOS
that has become increasingly important
is in leading negotiations on IP issues in
Singapore’s growing network of Free Trade
Agreements with other countries. As the
promoter for IP, the IPOS has put in place
contact programmes and platforms to reach
out to a wide array of audiences ranging
from the general public to the education,
research and development, professional
and business sectors. These programmes
seek to raise awareness, capabilities and
business opportunities for IP among the
various target audiences.
As at 31 December 2008, there were two
LSOs seconded at the IPOS. Ms Liew
Woon Yin continued her functions as
the Director-General. She holds the
concurrent appointments of Registrar
of Trade Marks, Registrar of Patents,
Registrar of Designs and Registrar of Plant
Varieties. Among other responsibilities, she
provides strategic leadership for the IPOS;
oversees the administration, review and
amendments to all IP related legislation
and develops and implements IP policies
to promote Singapore’s IP regime in the
international arena. In addition, she
oversees the provision of the infrastructural
platform and environment for the greater
creation, protection and exploitation of
IP in Singapore; and the promotion of IP
awareness in Singapore.
71
Advancing the Rule of Law
Ms Danielle Yeow was re-posted from
the Subordinate Courts and seconded to
the IPOS as the Deputy Director-General
for a period of two years with effect from
1 July 2008. She holds the concurrent
appointments of Deputy Registrar of
Trade Marks, Deputy Registrar of Patents,
Deputy Registrar of Designs and Deputy
Registrar of Plant Varieties. Under the
general direction of the Director-General,
she oversees the activities of the Legal
Policy and International Affairs (“LPIAD”),
Registries, Hearings and Mediation as well
as Computerisation Divisions. In addition,
she assists the Director-General in the
review, formulation and implementation of
Government policies on IP related issues.
The LPIAD’s role includes overseeing
the administration of the Copyright Act
and representing Singapore’s interests in
IP matters at various international fora
and during treaty or trade agreement
negotiations. The Registries Division
(comprising Patents, Trade Marks,
Designs, and Plant Varieties Registries)
is the main regulatory arm of the IPOS
and ensures a balanced IP framework to
support Singapore’s national economic
growth. This complements the Hearings
and Mediation Division which resolves
disputes relating to the registration of IP
and is supported by the Computerisation
Division which manages and oversees
the implementation, maintenance and
enhancement of the business systems of
the various Registries.
72
Amendments to the Patents Act were made
in 2008 to:- (i) give effect to the provisions
of the World Trade Organisation Protocol
to amend Article 31 of the Trade-Related
Intellectual Property Rights Agreement to
facilitate access to patented pharmaceutical
products for public health reasons; and (ii)
align the Patents Act with the Competition
Act. An e-communications portal was
also developed for the main purpose
of facilitating the sending, receipt and
exchange of correspondence relating to
trademark applications and prosecutions
between the IPOS and registered account
holders such as law firms. In the area
of hearings and mediation, a pilot case
management conference scheme was also
initiated to enhance the case management
of IP disputes. In-depth reviews and
public consultations on the jurisdiction
of the Copyright Tribunal and patent
agents regime were also completed and
are expected to lead to consequential
legislative amendments. Pursuant to
the objective of raising IP capabilities, a
Mentorship Funding Scheme was launched
to provide financial support for locallybased organisations to develop in-house
patent agents and to broaden and deepen
the pool of Singapore-based expertise. The
IPOS also concluded the pilot phase of IP
Management for Public Agency Programme
to help public agencies address issues in
IP management specific to their activities,
and continues to expand on the coverage
of agencies under this programme. A
significant ongoing initiative is the
business process re-engineering project
Secondments To The
Singapore Land Authority
The Singapore Land Authority (“SLA”) was
established as a Statutory Board under the
Singapore Land Authority Act on 1 June
2001 when the Land Office, the Singapore
Land Registry, the Survey Department
and the Land Systems Support Unit were
merged. The SLA’s mission is to optimise
land resources for the economic and social
development of Singapore. The legislation
which come under its purview include the
Land Titles Act, the Land Titles (Strata)
Act, the State Lands Act, the Residential
Property Act, the Boundaries and Survey
Maps Act and the Land Acquisition Act.
INTELLECTUAL PROPERTY OFFICE
OF SINGAPORE
(Left To Right):
Ms Danielle Yeow Ping Lin,
Ms Liew Woon Yin
(Chief Executive/Director-General, IPOS)
for the work processes of all the Registries
and the Hearings and Mediation Division
with the objective of bringing them under
a single common platform. This will
involve extensive reviews and amendment
of legislation, processes and supporting
business systems.
As at 31 December 2008, two LSOs were
seconded to the SLA on two-year terms. Mr
Vincent Hoong has been the Deputy Chief
Executive since the formation of the SLA.
He also holds the statutory appointments
of the Commissioner of Lands, the Registrar
of Titles and the Controller of Residential
Property. Mr Bryan Chew was seconded
to the SLA on 1 July 2007 as the Director
of the Regulatory Division which oversees
the registration services, survey services
and Land Dealings Approval Unit. He also
holds the statutory appointments of Senior
Deputy Registrar of Titles and Deputy
Controller of Residential Property. He was
concurrently seconded to the Strata Titles
Boards as its Registrar in 2008.
Work on an integrated electronic lodgment,
registration and search system for both
private and public (HDB) properties has
commenced and is targeted to be completed
in 2011. When implemented, lawyers and
73
Advancing the Rule of Law
months previously. It has also resulted in
substantial cost savings to them.
With the economic downturn, the Controller
of Residential Property implemented various
measures to assist residential property
developers during this challenging period.
Secondments To The
Monetary Authority Of Singapore
The MAS is the state central bank. The
mission of the MAS is to promote sustained
non-inflationary growth and a sound and
progressive financial centre. As part of its
functions, the MAS conducts integrated
supervision of financial services and
financial stability surveillance.
SINGAPORE LAND AUTHORITY
(Left To Right):
Vincent Hoong Seng Lei
(Registrar of Titles & Deeds/
Controller of Residential Property/
Deputy Chief Executive, SLA/
Commissioner of Lands, SLA),
Bryan Chew Chee Wan
the public will benefit from the convenience
of a single gateway for both private and
public properties. Cost savings for both the
SLA and the public will be possible.
The SLA collaborated with the Central
Provident Fund (“CPF”) Board to streamline
procedures to facilitate the withdrawal of a
member’s minimum sum upon the creation
of a CPF charge against the member’s
property. The members, who are usually
retirees, are able to receive their monies
in about a month as opposed to four
74
There were two LSOs seconded at the MAS
as at 31 December 2008. Mr Tan Boon
Gin was re-posted from the Subordinate
Courts and seconded to the MAS as the
Director (Enforcement) on 1 May 2006. He
was concurrently appointed the Head of
the Anti-Money Laundering and CounterTerrorist Financing for the Financial
Sector in September 2006 and the Director
(Corporate Finance) and Head of the
Securities Industry Council Secretariat in
September 2007. Mr Aedit Abdullah was
seconded to the MAS as Special Counsel
at the Capital Markets Department on 1
January 2008. His primary role was to
review and develop specific legislation
administered by the Capital Markets
Department. In addition, he assisted with
advisory work of the General Counsel’s
Office on occasion. Mr Abdullah is also
gazetted a State Counsel, MAS. In addition
to his normal duties, he has assumed
other responsibilities to assist the Capital
Markets Department in respect of various
investment products.
for Real Estate Investment Trusts (“REITs”)
and business trusts as well as the revision of
property fund guidelines for REITs. The MAS
also worked with the CAD and the AGC to
participate in the FATF and APG evaluation
of Singapore’s anti-money laundering and
counter terrorist financing regime.
MONETARY AUTHORITY OF
SINGAPORE
(Left To Right):
Tan Boon Gin
(Director and Head, Enforcement Division,
Capital Markets Department,
Market Conduct Group, MAS),
Aedit Bin Abdullah
(Special Counsel, Capital Markets Department,
Market Conduct Group, MAS)
The MAS dealt with a wide range of issues
in 2008. The year began with the focus on
initiatives to develop Singapore’s financial
sector, including the launch of Catalist,
a sponsor supervised listing platform on
the SGX, the amendment of SGX listing
rules to include standards for life sciences
companies and investment funds, the
revision of the Takeover Code to allow for
takeovers by way of schemes of arrangement
As the year progressed, so did the financial
landscape. The MAS completed several
investigations into market misconduct and
commenced two civil penalty actions in the
High Court for market manipulation and
insider trading. The MAS also investigated
into the failed $200 million takeover for
Jade Technologies Holdings Limited in
April 2008 and published its findings in
September 2008. With the collapse of
Lehman Brothers on 15 September 2008,
the MAS commenced investigations into
the mis-selling of structured products
linked to Lehman Brothers by the financial
institutions that distributed these products.
Secondment To The
Singapore Academy Of Law
Ms Teh Hwee Hwee was seconded to the
Singapore Academy of Law (“SAL”) from
1 January 2007 as the Assistant
Chief Executive (Legal Industry). The
responsibilities of the Assistant Chief
Executive (Legal Industry) include
rendering legal advice on diverse matters
affecting the SAL and its work as well
as driving policies and implementing
initiatives to secure the continual growth
and vibrancy of the legal industry. It is
also the responsibility of the Assistant
Chief Executive (Legal Industry) to
oversee operations within the Legal Industry
Cluster, comprising strategic planning,
professional and membership affairs,
75
Advancing the Rule of Law
of the latest legal headlines, judgments,
directions, notices and commentaries on
Singapore law. It is created to help members
of the legal profession keep abreast of
developments quickly and easily, and to
serve as a “central librarian” to law firms
that do not have knowledge managers to
compile and disseminate legal updates.
SINGAPORE ACADEMY
OF LAW
The Asian Mediation Association was
formed to provide a regional dispute
resolution infrastructure for conflict
management and dispute resolution that
supports the increasing cross-border
investment and trade activities of the fast
growing Asian economies. It is an initiative
of the Singapore Mediation Centre to bring
the leading mediation centres in the region
into collaboration. Other than the Singapore
Mediation Centre, at which the secretariat
of the Asian Mediation Association is
based, the other members are the Delhi
Mediation Centre, the Hong Kong Mediation
Centre, the Philippine Mediation Center,
the Indonesia Mediation Center, and the
Malaysia Mediation Centre.
Ms Teh Hwee Hwee
Secondment To Undertake Policy Work
international promotion of Singapore law,
appointments of Senior Counsel, Notaries
Public and Commissioners for Oaths
as well as operations of the Singapore
Mediation Centre.
Significant initiatives in 2008 of the Legal
Industry Cluster included the launch of the
Singapore Law Watch and the formation of
the Asian Mediation Association.
The Singapore Law Watch is a daily
legal news syndication site for the legal
community. It offers a one-stop overview
76
Mr Tan Boon Khai was seconded from
the Subordinate Courts to the MOH to
undertake policy work as Deputy Director,
Singapore Medicine Office on 1 June 2006.
The secondment was subsequently extended
to 14 April 2009.
Mr Tan’s role at the MOH previously
included business development of the public
healthcare sector, with a view towards
building Singapore as a premier medical
hub. Mr Tan’s portfolio was thereafter
realigned and he became responsible for
corporate governance and restructuring of
Singapore’s public healthcare assets, and
realigning the public healthcare entities
of Singapore within the MOH Holdings
Pte Ltd (“MOH Holdings”) group. MOH
Holdings is the parent holding company
of Singapore’s public healthcare assets. Mr
Tan also provided business and corporate
advisory assistance to MOH Holdings
and the public healthcare hospitals, and
worked with officers at the MOH and MOH
Holdings on policy issues affecting the
governance and structuring of healthcare
entities such as Alexandra Health Pte Ltd
(responsible for managing and operating
the new Khoo Teck Puat Hospital in
Yishun) and National University Health
System Pte Ltd (responsible for integrating
research, teaching and clinical service
delivery at the Kent Ridge Campus). Mr
Tan also worked on various corporate
and governance issues, and supported the
Board of Directors of the various public
healthcare entities in Singapore.
Mr Tan and his colleagues set up
Integrated Health Information Systems
Pte Ltd (“IHIS”) in 2008 to provide the
public sector all its IT resources, and
carried through the consolidation of IT
manpower resources within the entire
public healthcare sector under IHIS. He
also supported the set up of the Singapore
Clinical Research Institute (“SCRI”) under
MOH Holdings, a national research
organisation set up to spearhead and
develop core capabilities, infrastructure
and intellectual leadership for later-phase
human research in Singapore. The SCRI
is to support Singapore’s translational
clinical research strategy, being a onestop entity providing the necessary
SECONDMENT TO UNDERTAKE
POLICY WORK
Tan Boon Khai
expertise, support, scientific leadership
and scientific collaborations needed for
the conduct of late stage clinical research
in Singapore.
Mr Tan also worked concurrently through
the rationalisation of the National
University Hospital’s ownership structure
with his colleagues at the MOH and the
National University Health System (to
realign the National University Hospital
within the public healthcare sector).
77
S INGA P ORE
JUDICIAL BRANCH
SUPREME
COURT
78
SUBORDINATE
COURTS
ATTORNEY-GENERAL’S
CHAMBERS
LEGAL UNIT,
MINISTRY OF HOME AFFAIRS
STATE PROSECUTION DIVISION
LEGAL SERVICES DEPARTMENT,
MINISTRY OF MANPOWER
CRIMINAL JUSTICE DIVISION
LEGAL SERVICES BRANCH,
MINISTRY OF EDUCATION
CIVIL DIVISION
LEGAL BRANCH,
MINISTRY OF HEALTH
INTERNATIONAL
AFFAIRS DIVISION
LEGAL SERVICES UNIT,
MINISTRY OF COMMUNITY
DEVELOPMENT, YOUTH & SPORTS
LEGISLATION &
LAW REFORM DIVISION
L EGA L S ERVI C E
LEGAL BRANCH
LEGAL SERVICE DEPARTMENTS /
POSTS IN MINISTRIES
LEGAL SERVICE DEPARTMENTS /
POSTS IN STATUTORY BOARDS
LEGAL AID BUREAU
ACCOUNTING & CORPORATE
REGULATORY AUTHORITY
INSOLVENCY & PUBLIC
TRUSTEE’S OFFICE
LEGAL & ENFORCEMENT DIVISION,
COMPETITION COMMISSION
OF SINGAPORE
LEGAL SERVICES DEPARTMENT,
MINISTRY OF DEFENCE
INTELLECTUAL PROPERTY OFFICE
OF SINGAPORE
LEGAL POLICY DIVISION,
MINISTRY OF LAW
SINGAPORE LAND AUTHORITY
DIRECTOR,
COMMERCIAL AFFAIRS
DEPARTMENT,
SINGAPORE POLICE FORCE
REGISTRAR,
APPEALS BOARD
(LAND ACQUISITION)
CAPITAL MARKETS DEPARTMENT,
MARKET CONDUCT GROUP, MONETARY
AUTHORITY OF SINGAPORE
ASSISTANT CHIEF EXECUTIVE,
(LEGAL INDUSTRY CLUSTER)
SINGAPORE ACADEMY OF LAW
79
Special
Feature,
Programmes
and Milestones
80
“Careers@Singapore” London, November 2008
By Low Siew Ling
Chief Justice Chan Sek Keong and Justice V K Rajah led a delegation of lawyers to
meet on 1 to 2 November 2008 lawyers and law students working/studying in the
United Kingdom. Dubbed “Careers@Singapore”, the event in London was organised,
under the auspices of the Singapore Academy of Law, by the Legal Service Commission
(“LSC”) with the assistance of Contact Singapore.
The Chief Justice and Justice Rajah were joined by: Mr Harpreet Singh Nehal SC (Drew
& Napier); Mr Latiff Ibrahim (Harry Elias Partnership); Mr Christopher de Souza (Lee &
Lee); Mr Steven Chong SC, Mr Lee Eng Beng SC and Mr Mark Cheng (Rajah & Tann);
Mr Paul Wong (Rodyk & Davidson); Dr Philip Pillai (Shook Lin & Bok); and Mr Andre
Maniam (Wong Partnership). Ms Hoo Sheau Peng (the Registrar, Subordinate Courts) and
Ms Low Siew Ling (Assistant Registrar, Supreme Court) and Ms Jeanne Kuik (Director,
LSC Secretariat) represented the Singapore Legal Service at the event.
Objectives
“Careers@Singapore” was launched with two main goals:
n
to establish an open channel for dialogue with the large number of Singaporean legal
talents residing in the UK; and
n to generate greater awareness of the exciting career opportunities in the Singapore
legal industry.
Keynote Addresses
The Singapore High Commissioner to the UK, Mr Michael Teo, and the Deputy High
Commissioner, Mr Zainal Mantaha, attended the opening session. Underlining the
importance they placed on the event, both the Chief Justice and Justice Rajah delivered
keynote addresses.
The Chief Justice noted that the current financial turmoil had made jobs much harder to
come by in London, but there was still a bright future for lawyers in Singapore. As the
short-term prospects for the world economy were bleak, the Chief Justice encouraged
the audience to take a longer-term perspective: “In terms of economic growth, the future
is in Asia . . . Future economic growth in . . . [China, India and Japan] will change the
balance of economic power with the Western countries. . . Singapore’s economy will be
given an additional lift by the economic growth in these three Asian economic giants.”
Singaporean lawyers would be well-positioned to ride the next economic wave as they had
81
Special Feature, Programmes and Milestones
unique cultural values and bilingual skills
that other lawyers did not possess.
The Chief Justice also touched on the
intangibles of life in a foreign land as
he recounted his experience meeting
Singaporean lawyers working in Hong
Kong: “Many of them were happy with
their pay, but they were homesick . . .
Every young ambitious lawyer wants to
have a good income and also to reach the
top as fast as possible . . . [But] as we all
know, money is not everything . . . There
are equally, if not more, important things
in life, such as a sense of belonging, what
and where are your roots, where is home,
what is family, who are your friends.” He
urged the Singaporeans in the audience
who were considering their future to ask
themselves these questions again.
In his address, Justice Rajah outlined the
upcoming changes recommended by the
Committee (which he had chaired) to
Develop the Singapore Legal Sector. Besides
emphasising the high quality of Singapore
legal work and the vibrancy of the local legal
services sector, Justice Rajah also pointed
out that the Government’s liberalisation
plans would create further exciting career
opportunities in the coming years.
Although the ultimate aim of “Careers@
Singapore” was to attract Singaporean
legal talents back to Singapore, Justice
Rajah recognised that the Singaporean
diaspora could continue to contribute even
if they chose to remain beyond our shores.
He noted after the event: “We recognise
that such decisions are very subjective, and
they may choose to stay in London for a
variety of reasons, whether it is for pay,
82
work, or lifestyle. The message we wanted to
send to this group of Singaporean lawyers
was this: Even if you don’t want to come
back to work in Singapore, we have not
forgotten you, and you can still contribute
to the nation. When Singaporean lawyers
work with foreign lawyers and clients and
display their solid legal training and strong
work ethic, they are also contributing to the
Singaporean brand name. And when their
clients are making choice of law decisions
for transactions in Asia, for example, these
Singaporean lawyers can do their part by
promoting the use of Singapore law as the
governing law of the deals.”
Panel Presentations
The keynote addresses were followed by
panel presentations by lawyers from seven
of the largest law firms in Singapore: Drew
& Napier, Harry Elias Partnership, Lee &
Lee, Rajah & Tann, Rodyk & Davidson,
Shook Lin & Bok and Wong Partnership.
As the event was aimed at promoting
the Singapore legal services sector as a
whole, the lawyers eschewed a firm-centric
approach. The presentations were instead
structured around different aspects of
Singapore legal practice such as banking,
finance and corporate work and litigation
and dispute resolution. The presentations
also addressed wider issues relating to
the Singapore legal landscape and recent
developments, Singapore as a regional and
international hub and training, advancement
and work-life balance. As the Singapore
Legal Service’s representative on the panel,
Ms Hoo Sheau Peng spoke on the unique
career opportunities available to lawyers in
the public service.
Audience And Panel Discussions
Reflections
“Careers@Singapore” drew an audience of
over 50 working professionals and more
than 200 students from all over the UK.
Given that promotional efforts for the event
were specifically targeted at Singaporeans,
there was a surprisingly large number of
foreign lawyers and students in attendance.
Lawyers and law students from the UK,
the United States, India, China and even
Russia expressed an interest in working
in Singapore. They had heard good things
about the country and wanted to find out
more about the opportunities in our legal
services market, which was truly a unique
blend of East and West.
Everyone involved in the planning and
execution of “Careers@Singapore” agreed
that the event was a resounding success.
Mr Chrostopher de Souza noted that “the
public-private partnership was effective
in reaching out to students and lawyers
considering a legal career in Singapore.”
Dr Philip Pillai said the event “gave
leading Singapore law firms a Singapore
Inc. platform to showcase to young and
future lawyers our significant Asia-wide
reach which is built on strong foundations
of talent, transactional experience, cultural
and language affinities and Asian client
base.”
The diverse audience participated actively
in the panel discussions which followed
the presentations. The foreign lawyers and
law students were naturally interested in
finding out if Singapore law firms would
be prepared to recruit non-Singaporeans
as well. The Singaporeans expressed
concerns about competition with local
law school graduates and the flexibility
of work arrangements in Singapore law
firms. One of the biggest issues of the day
was the large pay divide between local and
offshore firms, which became the subject of
a lively debate between the panel members
and the Singaporeans in the audience.
Aside from the pleasant surprise of an
unexpectedly large foreign turnout, the
Chief Justice was also heartened to learn
that many young Singaporeans working
and studying in London expressed a firm
desire to return home eventually: “From
my discussions with them, I found that
while they had enjoyed their overseas
experience, most of them continue to have
very strong roots in Singapore. They want
to come home to their families and friends,
and contribute to the Singapore legal
system. I believe that with the right career
opportunities and remuneration packages,
the large Singaporean legal population in
the UK could prove to be a valuable talent
pool for Singapore law firms and the
Singapore Legal Service.”
After the panel discussions, the Chief
Justice hosted a tea and dinner reception.
The lawyers and law students had the
opportunity during the reception to
interact more closely with the members of
the delegation.
With the success of “Careers@Singapore”, it
is expected to return to London every three
to four years as a recurring event to target
the ever-changing pool of Singaporean
83
Special Feature, Programmes and Milestones
law students in UK universities. Additional
learning points that will be explored in
the future include: (i) the possibility of
organising a separate event dedicated
to foreign lawyers and law students
interested in working in Singapore; and
(ii) the establishment of a databank of
Singaporean lawyers and law students
living in the UK to maintain the channels
of dialogue that the event had opened.
“Careers@Singapore” gave the Singapore
legal profession the perfect opportunity
to showcase the depth and breadth of
the legal services sector in Singapore. At
the end of the day, the lawyers and law
students in London agreed that it had
given them a new understanding of the
vast career opportunities that awaited
them in Singapore.
Recruitment, Selection
And Retention
In continuing to attract and retain its fair
share of legal talent in the Legal Service,
the LSC Secretariat continued to undertake
various recruitment strategies and outreach
initiatives in 2008.
Careers Fairs/Careers Talks/Outreach
Programmes in 2008
The LSC Secretariat continued to participate
in various careers fairs and careers talks in
2008 to strengthen and anchor awareness
of the Legal Service and to position the
Legal Service as an attractive and fulfilling
career choice.
84
The National University of Singapore
(“NUS”) Law Careers Fair was held at
the NUS Law Faculty in February 2008.
The Fair provided an additional avenue
for the Legal Service to reach out to the
law undergraduates at the NUS and the
overseas law graduates who were studying
for the Diploma in Singapore Law course
at the NUS. Legal Service Officers (“LSOs”)
from various Legal Service departments
in the Legal Service shared their personal
experiences and information on the varied
scope of work and opportunities available
to young graduates in the Legal Service.
The Public Sector Scholarships and Careers
Fair (organised by the Public Service
Commission [“PSC”]) was held in July
2008. The Fair provided a forum for junior
college (“JC”) and polytechnic students
to obtain information on Government
scholarships and career opportunities in
the Singapore Civil Service. Staff officers
from the LSC Secretariat and LSOrepresentatives (who were previously
PSC Scholars) from various Legal Service
departments were at the Fair to address
students’ queries and share with students
the experience of working in the Legal
Service. The LSOs who were previously
PSC Scholars also conducted two talks for
students who were keen in a career in the
Legal Service.
In 2008, the Legal Service expanded its
outreach programmes to include the top JCs
and secondary schools. The main objective
was to boost awareness among the younger
generation on the option of pursuing law
as a career. The Legal Service actively
participated in five such Careers Fairs in
2008. Staff officers from the LSC Secretariat
and LSO-representatives from various Legal
Service departments introduced the Legal
Service and addressed queries on law and
a career in the Legal Service to students at
the Anglo-Chinese School (Independent),
Hwa Chong Institution, National Junior
College, Raffles Girls’ School and Temasek
Junior College.
At all the careers fairs and careers talks,
corporate communication materials including
the annual reports of the LSC and some Legal
Service departments were disseminated to
the students.
Internship Programmes In 2008
The Legal Service has in place two
structured internship programmes which
run annually.
The NUS Internship Programme is held
during the May to August vacation. Thirtyfour NUS law undergraduates undertook
internships at 11 Legal Service departments
in 2008. These were the Supreme Court,
the Subordinate Courts, the AttorneyGeneral’s Chambers, the Legal Policy
Division of the Ministry of Law, the Legal
Aid Bureau, the Accounting & Corporate
Regulatory Authority, the Legal Services
department of the Ministry of Defence, the
Competition Commission of Singapore, the
Legal Services department of the Ministry
of Manpower, the Insolvency and Public
Trustee’s Office and the Legal Unit of the
Ministry of Home Affairs.
The PSC Scholars’ Mid-Course Programme
(“PSMP”) is organised annually by the
PSC Secretariat for all PSC Scholars after
their second year of study. The PSMP
attachments are meant to provide PSC
Scholars an insight of the issues and
challenges facing the different Ministries
and Organs of State and a working
experience in the Civil Service. In 2008,
five PSC Scholars studying law underwent
a six-week attachment programme at the
Supreme Court Registry, the Subordinate
Courts, the Attorney-General’s Chambers
and the Legal Aid Bureau.
PSC Law Scholars
Under the Mentorship Scheme for PSC
Scholars studying law, LSOs who were
previously PSC Scholars perform the roles
of Mentors and Assistant Mentors. These
LSOs counsel, assist and encourage PSC
Scholars in their personal and professional
development. They address queries that
the Scholars may have about courses/
subjects that would be relevant to the work
in the Legal Service. They also sensitise
the Scholars to the functions of the Legal
Service and the various departments
and seek to entrench in them a sense of
belonging to the Legal Service.
Fifteen PSC Scholars also met with Justice
Lee Seiu Kin (Member, LSC) and their
Mentors and Assistant Mentors at a lunch
meeting in August 2008. At the meeting,
the Scholars were provided briefings and
updates on the various developments in
the Legal Service.
85
Special Feature, Programmes and Milestones
PSC Scholarships Tea Sessions
The annual JC Tea Sessions for JC students
and their parents is organised by the PSC
Secretariat. The objective of the Tea Sessions
is to provide the students information on
PSC Scholarships and encourage them
to apply for the scholarships. The Legal
Service continued to participate actively in
the programme in 2008. Officers from the
LSC Secretariat and LSO-representatives
attended the Tea Session and promoted the
Legal Service as an attractive career choice
to the students who were interested in a
PSC Scholarship to study law.
Legal Service Overseas Students
Resource Group
The Legal Service Overseas Students
Resource Group (“OSRG”) was formed in
August 2007 to serve as a representative of
the Legal Service in the various outreach
programmes. The OSRG also serves as the
resource group for the Working Group
established to enhance the profile of the
Legal Service. There were ten officers in
the OSRG as at December 2008.
Promotion Ceremony 2008
The Legal Service Promotion Ceremony 2008
was held at the Supreme Court Auditorium
on 31 March 2008. The event was graced
by the President and Members of the LSC,
the Special Personnel Board and the Senior
Personnel Board.
The Chief Justice/President, LSC presented
the promotion certificates to LSOs who were
86
promoted to Superscale Grades 2 and 1. The
Attorney-General and Justice V K Rajah
presented the promotion certificates to the
LSOs who were promoted to Superscale
Grades 4 and 3 in the Legal Branch and
the Judicial Branch, respectively. Justice
Lee Seiu Kin presented the promotion
certificates to the LSOs who were promoted
within the Timescale grades.
A post-ceremony Tea Reception was thereafter
hosted by the LSC at the Auditorium.
Implementation Of The
Recommendations Of
The Legal Service
Remuneration Review
2007
The recommendations of the Legal Service
Remuneration Review 2007 were approved
by the LSC in September 2007. The various
recommendations were implemented in the
course of 2008.
Two new remuneration components
were introduced – the Legal Professional
Allowance and the Long-Term Incentive.
The Legal Professional Allowance may
be paid to eligible LSOs who satisfy the
potential and performance grading criteria.
The Long-Term Incentive, as a retention
tool, is accorded on the basis of sustained
good performance over a defined period of
at least three years. The LSOs who satisfy
the eligibility criteria for the Long-Term
Incentive may be eligible for the payment
in March 2010.
The Performance Bonus Guidelines
were refined. Additional performance
gradings were introduced to allow
greater differentiation in the award of the
Performance Bonus.
The “Additional Increment” framework
was introduced in March 2008 to accord
Additional Increments to eligible young
LSOs in their first seven years in the Legal
Service.
The methodology for the benchmarking
of Legal Service salaries was refined.
Additional benchmarks were introduced.
The monthly salary ranges at the various
grades were expanded to allow better
salary progression within and between
LSO grades.
Interactive Sessions
With The LSC And The
Personnel Boards
Informal interactive sessions in the form of
lunch meetings and evening tea sessions
were organised in the course of 2008 for
LSOs to meet the new members of the LSC
and the Legal Service Personnel Boards.
The aim of these informal sessions is to
facilitate direct and greater communication
between all LSOs and the members of the
LSC and the Personnel Boards.
The Chairman and members of the
Senior Personnel Board met all the LSOs
at the Timescale grades over four lunch
meetings.
The new members of the LSC met the
senior LSOs at the Superscale grades over
14 sessions in small groups.
The Chairman and members of the Special
Personnel Board also met the LSOs at
Superscale Grades 3 and 4 over five tea
sessions.
The members of the LSC and the Personnel
Boards found the meetings and discussions
with the LSOs very beneficial. The LSOs
also found the interactions and feedback
very useful.
Career Development
And Training
The Legal Service awards LSC Scholarships
and LSC Training Awards annually to
eligible LSOs to pursue postgraduate law
programmes at the NUS and at leading
overseas institutions and for postgraduate
leadership and management programmes at
premier local and overseas institutions.
LSC Postgraduate Scholarships And
LSC Training Awards In Law
In 2008, five LSOs were awarded LSC
Scholarships to pursue postgraduate law
programmes. Mr Mohd Faizal (from the State
Prosecution Division [“SPD”], AttorneyGeneral’s Chambers [“AGC”]), Mr Toh Shin
Hao, Ms Marie Christina Koh and Ms Crystal
Ong (all three from the Criminal Justice
Division [“CJD”], AGC share their experiences
below.
87
Special Feature, Programmes and Milestones
Mr Mohd Faizal
(at Harvard Law School)
Studying at Harvard Law School has been
everything I expected and more. While I am
penning these observations a mere three
months into the LL.M. Program, it would not
be an exaggeration to suggest that my time
in Boston thus far has proven to be both
rewarding and enriching on numerous fronts.
The classes that I have enrolled in have
served as a significant source of intellectual
stimulation, with my appreciation of the
law being continually heightened by the
multi-disciplinary and multi-jurisdictional
discourse characteristic of the school’s diverse
student body. From discussions on presentday international economic developments,
to discussions on the merits and demerits of
existing dispute systems around the world,
the classes have not only been thoroughly
enjoyable but, more importantly, have also
afforded me the opportunity to challenge and
reshape my long-held assumptions about law
and the legal process.
88
Equally, if not more importantly, my experiences
outside the four walls of the classroom have
been crucial in affording me an intimate insight
into the dynamic and complex relationship
between the social, political and economic
forces that shape legal institutions, legal
processes and the law. Indeed, it is my good
fortune to have been able to pursue graduate
studies in the United States at a time when so
much is unfolding in the country: from being
granted the opportunity to observe the election
process in the alma-mater of the individual
who would eventually be declared President;
to being able to attend seminars given by
many an inspirational jurist, academic and
professional on a wide myriad of topics; to
getting a first-hand appreciation of the sense
of uncertainty and upheaval at Wall Street in
the present economic environment. It would
be fair to say that my education at Harvard
has been a holistic and multi-faceted one.
Among some of my most cherished experiences
here are the numerous opportunities that I have
been given to interact, and become firm friends
with, people hailing from a wide variety of
jurisdictions and backgrounds. That such
interaction would have taken place as a matter
of course is perhaps inevitable in a class that
comprised representatives from some 62
different countries!
In short, the experience at Harvard has been
fulfilling and immensely rewarding. Whether
through partaking in often-heated debates
on the finer intricacies of the law in class;
engaging in friendly banter whilst vociferously
supporting Harvard in the annual HarvardYale (American) football match, or even whilst
sitting at the local coffee joint debating the
more pertinent issues of the day, it has become
clear to me that my experiences that I have had
here, i.e. of accentuating my understanding of
the law and expanding my international circle
of networks and friends, will be of considerable
utility for many years to come.
Mr Toh Shin Hao
(at the LSE, London)
Just as I arrived to pursue the LLM in
Corporate and Securities Law at the London
School of Economics and Political Science
(“LSE”), the effects of the credit crunch were
sweeping across the City of London – with the
calamitous collapse of Lehman Brothers and
the severe liquidity problems of major British
banking institutions. I was able to watch as
events unfolded before my eyes at this major
financial centre of the world.
Fortunately or unfortunately, due to the ongoing
crisis, there were always lively discussions
in my classes on Regulation of Financial
Markets concerning the various governmental
responses to the crisis as it worsened and
spread throughout the major world economies.
The dynamics of the crisis also meant that
my lecturers had to constantly update the
syllabi to keep up with the developments.
Most memorably, one of my first seminars
was about how the now-infamous sub-prime
mortgages and the related collateralised debt
obligations and credit default swaps originated.
The technicalities of it all were innovatively
demystified by means of an irreverent comic
strip, which was followed by an illuminating
class debate on the legal structuring of such
financial products.
Corporate and Financial Crime was another
fascinating course, and it was taught by an
eminent Queen’s Counsel. The wealth of issues
on this specialised area of the law brought
up in this course allowed me to reflect on the
corruption prosecutions that I had done, and
gave me a fresh perspective on the issues and
problems surrounding such offences. I also
benefited from the lecturer’s wealth of fraud
litigation experience when he regaled the
class with his colourful tales of cases that he
conducted both as prosecutor as well as defence
counsel in the English courts.
The wide diversity of students from a multitude
of countries in my course meant that there
were always differing perspectives to issues,
and there was a good mix of students from both
civil and common law jurisdictions. LSE was
able to attract numerous distinguished speakers
passing through the city to give lectures and
I was spoilt for choice by the packed lecture
calendar. LSE’s central location in legal London
– literally next to the Royal Courts of Justice and
surrounded by the Inns of Court – also meant
that there were always ample opportunities to
partake of events related to the law.
89
Special Feature, Programmes and Milestones
I was privileged to be selected as a resident
member at Goodenough College, a unique
postgraduates-only residence which accepted
residents by a competitive applications process.
The College was equipped with exceptional
facilities and located in historic buildings within
leafy and serene surroundings. In particular I
benefited greatly from the multitude of studentled activities, and I participated actively in the
vibrant life of the College.
My stint in London has been an invaluable and
enriching experience that greatly broadened
my horizons. I am most grateful to the Legal
Service for giving me this opportunity to
pursue the LLM, and I am confident that what
I gained from my course will better equip me in
tackling the challenges in my future postings in
the Legal Service.
Ms Marie Christina Koh and
Ms Crystal Ong
(at the NYU@NUS programme)
The New York University School of Law and
the National University of Singapore Dual
Masters Degree programme (“the NYU@
NUS programme”) began its pioneer course
in May 2007 at the NUS Law Faculty’s Bukit
Timah Campus set in the lush Singapore
90
Botanical Gardens. Graduates of the NYU@
NUS programme earn two master degrees in
law - an NYU LLM in “Law and the Global
Economy” as well as an LLM from the NUS.
We are delighted to have been awarded the
LSC Scholarship to pursue the NYU@NUS
programme in the 2008/2009 academic
year. This is a prestigious post-graduate
degree which will provide us with an
ideal opportunity to develop ourselves
professionally as well as to obtain specialist
training from two respected law schools.
As part of the programme’s second batch of
students, we belong to a cosmopolitan group
of over 50 students from 24 countries such as
Rwanda, Kenya, Uganda, the United States
of America, Colombia, Chile, Israel, India,
the Philippines, Russia, Italy, Switzerland,
Lichtenstein and Australia. We are thus
fortunate to have a platform to interact and
exchange ideas with our counterparts from
around the globe.
We are now in our second (and last) semester
in the NYU@NUS programme. Having gone
through a rigorous academic regime in the
NYU Summer Term where NYU subjects
were taught intensively and in the NUS first
Semester in which we took a mix of NYU and
NUS subjects, we consider that the course has
enhanced our ability to view law from wider
perspectives. The course has also enabled
us to expand our breadth of knowledge by
allowing us to pursue studies in emerging
areas of law, such as environmental law and
competition law, and important international
law subjects, such as the law and practice of
the United Nations, and State-building and
International Administration.
As Deputy Public Prosecutors, we found that
we benefited immensely from being taught by
Professor David Garland, the eminent author
of numerous books on criminology, punishment
and social theory, who harnessed the sociological
theories of Durkheim, Elias, Marx and Foucault
to investigate the spectrum of social thought
in order to critique the legal institution of
punishment, with particular focus on capital
punishment. It was interesting that the entire
class (including the Professor) opposed the
death penalty except us. Curiously enough,
despite this, our own tough stance on crime
was further strengthened after this course.
In addition, the course on International
Police Enforcement Cooperation was a highly
pragmatic and criminal justice-oriented
subject co-taught by two Visiting Professors
who were none other than the SecretaryGeneral of the Interpol himself Mr Ronald
Noble and Interpol General Counsel Dr. Rutsel
Martha. This course covered useful topics of
direct application to criminal prosecution
such as international crime trends, extradition
procedures, the Interpol notification system
and cross-border policing.
From an intellectual perspective, we feel
that the cross-training derived from being
taught by two diverse faculties has not only
helped us to build up a deep reservoir of
knowledge but also provided us the tools to
put into practice the legal principles gained
from the wide-ranging disciplines of law.
On a personal level, our consensus is that
pursuing this unique degree has been an
invaluable experience which has enriched
our individual lives tremendously by giving
us a year to re-charge and to re-focus our
energies outside of the courtroom into
another worthy arena, the classroom.
Ms Janet Wang (from the SPD, AGC) was
awarded an LSC Training Award (of halfpay leave) to study for an LLM at the
Kyushu University Graduate School of
Law in the academic year 2008/2009. She
shares her experience.
Ms Janet Wang
(at the Kyushu University Graduate School of Law)
The Kyudai LLM Young Leaders’ Programme
(“YLP”) provides an insightful perspective of
the Japanese legal system, which is a civil
law system premised largely on the German
model. Hailing from a common law system,
this certainly makes for an invaluable
opportunity for me to learn the salient
differences between both legal systems. While
affording a refreshing Japanese perspective
in such areas as corporate crime, securities
regulation, bankruptcy, trust and competition/
antimonopoly law, Kyudai has notable academic
expertise on the international front as well,
namely; international trade law, international
economic and social law, international
maritime law, EU law, international business
91
Special Feature, Programmes and Milestones
and foreign investment law, as well as conflict
management involving the study of alternative
dispute resolution mechanisms such as
mediation and arbitration. In addition, the
YLP provides a diverse academic experience
with its weekly special lectures on myriad
topics by renowned legal academics from such
jurisdictions as Australia, Canada, Germany
and Sweden.
LSO, Ms Lee Ti-Ting, was awarded an
LSC Training Award of full-pay leave to
study for the Master in Public Policy at the
LKYSPP in the academic year 2008.
Mr Toh Han Li shares his experience.
Mr Toh Han Li
(MPM at the LKYSPP)
In particular, I found interesting the underlying
sociocultural reasons for the relatively low
rate of prosecution in Japanese corporate
crime of insider trading and the like, as well
as the fact that Japan is not a litigious society
generally. The nuanced differences between
the common law and civil law system are
simply “different ways of skinning the cat”,
while achieving the same objectives.
The YLP also enables me to interact with and
learn from fellow prosecutors, judges and
private practitioners from various countries of
differing legal systems. I am looking forward
to a conference with the University of Munich,
a study trip to Tokyo in spring, and a summer
internship at Cast Itoga law firm in Tokyo.
I am grateful to LSC for this enriching
experience.
LSC Postgraduate Scholarships
In Leadership, Governance And
Management
Mr Toh Han Li (then from the Subordinate
Courts and now at the Competition
Commission of Singapore) was awarded an
LSC Scholarship to study for the Master in
Public Management (“MPM”) at the Lee Kuan
Yew School of Public Policy (“LKYSPP”)
in the academic year 2008/2009. Another
92
Apart from the technical legal skills acquired
at law school, LSOs should also understand
policy, economics and management practices
in order to enhance the administration
of justice. The one-year MPM at the
LKYSPP fulfils this role, bringing together
senior public officials from all over Asia,
and capping it off with a semester at the
world renowned John F. Kennedy School of
Government at Harvard (“HKS”) a unique
blend of the best of East and West.
The MPM program comprises three main
components: the foundational compulsory
modules, the attachment programme and
the overseas semester at HKS. Through
the compulsory modules, I received a good
grounding in applied economics, public policy
analysis, public management, globalisation
and leadership skills. Next, I underwent
an attachment program with Hong Kong’s
Department of Justice and the Social Welfare
Department to examine how Singapore can
learn from Hong Kong’s victim of crime
compensation policies. Senior Hong Kong
officials at both these departments shared
their experiences with me. There is certainly
much we can learn from Hong Kong as Hong
Kong’s legal institutions are highly regarded
in the world. At the end of the attachment, I
prepared a 60-page report on crime victims’
compensation models which had to be
defended before faculty and students.
The timing of my semester at HKS in the last
four months of 2008 could not have been
more eventful. I experienced America at the
best of times and worst of times. I witnessed
probably the most historic Presidential
election with the election of the first
African-American President of United States
(President Barack Obama), as well as the
worst financial crisis confronting America
and the world since the 1930s. Against this
backdrop, I studied the history of voting
rights in America, constitutionalism, the
development of legal institutions as well as
ethical issues in public life such as corruption
and religious tolerance. I also took a course
at Harvard’s Graduate School of Education
on the management of bureaucracies
and how to transform them into passion
driven organisations. The HKS takes centre
stage in the life of public policy discourse
in America, with a rich history of faculty
members advising past and present American
Presidents. The richness of the experience at
HKS is guaranteed by its student population
which is 50% international, enjoying guest
speakers who are world renowned political
figures such as Nelson Mandela and Minister
Mentor Lee Kuan Yew.
The HKS collaborates closely with the LKY
School and has provided the template for
the LKY School’s development. Many HKS
professors come to the LKY School to teach
and provide administrative input. There
is also a never-ending stream of Nobel
Laureates and heads of states who come
to address the LKY School. As a result,
the LKY School has, over the years, grown
from strength to strength (aided greatly by
the generous support of donors) and now
occupies a unique position as the “HKS
of Asia”. It has become a melting pot of
students from every corner of the world,
especially Asia. Through my interactions
with my classmates who came from so
many different countries and organisations,
I was able to examine my values and ideas
in light of theirs in a mutual spirit of
learning and exchange. Only a life in the
public service can create public value and
it was therefore deeply satisfying to be in
the Singapore Legal Service. In the words
of our MPM class of 2008 motto, we all
felt empowered after the course to “lead
change and transform lives”. In short, it
has been a tremendous year of learning and
self-reflection, and the MPM program has
equipped me with even more knowledge
and skills to effectively discharge my duties
within the Legal Service.
LSC Postgraduate Scholarships In
Master Of Science (Strategic Studies)
Mr Edwin San (from the CJD, AGC) studied
for a Master of Science in Strategic Studies
93
Special Feature, Programmes and Milestones
on an LSC Scholarship in the academic
year 2008/2009. He shares his experience.
to select, focus and specialise on specific
areas of interest.
Mr Edwin San
Reflecting back on the first trimester, I can
only say that it has been a challenging yet
overwhelmingly enriching experience thus
far. Undoubtedly, the academic demands
are rigorous, and the art of selective reading
has to be developed out of sheer necessity.
A prominent strategist once opined that
strategy is “a subject with a sharp focus the role of military power - but no clearly
defined parameters. It must be studied from
an inter-disciplinary perspective”. In this
connection, a legal perspective is but one
of many approaches that can be adopted
to analyse a subject as multifarious as
terrorism. It has been illuminating thus
far to be exposed to different perspectives
on the same subject offered by coursemates schooled in other disciplines such as
history, political science and international
relations.
(at the S Rajaratnam School of International Studies)
On 1 January 2007, the Institute of Defence
and Strategic Studies at the Nanyang
Technological University was formally
inaugurated to become the S. Rajaratnam
School of International Studies (“RSIS”)
in honour of Singapore’s first Foreign
Minister, Mr S. Rajaratnam. RSIS, which
operates as a School as well as a regional
think-tank, offers four separate Masters
Programmes, including the MSc (Strategic
Studies) that provides for a specialised
coursework track in terrorism studies
which I am currently pursuing.
The course is conducted over three trimesters
of 13 weeks each. The RSIS curriculum
offers a staggering choice of more than
50 different electives, ranging from
traditional strategic thought emanating
from the works of Clausewitz and Sun Tze
to subjects relating to more contemporary
issues such as the global war on terrorism
and energy security. The wide and diverse
curriculum gives candidates the freedom
94
One noteworthy aspect of the method of
instruction at RSIS is the dual emphasis
on both the academic as well as the
practical. The numerous lectures, seminars
and colloquia conducted throughout the
academic year are complemented by faculty
members who possess real life practical
experience in their respective specialities.
One of the counter-terrorism courses was
conducted by a former Federal Bureau of
Investigation agent who actually led the
investigations and interrogated persons
involved in the attacks of the USS Cole
and the World Trade Center, whilst another
was conducted by a Fulbright Scholar on
attachment from the United States (“US”)
Department of Defense. Accordingly, we
gained invaluable practical insights into
strategic culture and the counter-terrorism
efforts of the US.
The recent tragedy of the Mumbai attacks
serves to underscore the extent to which
the study of terrorism has contemporary
relevance. We now live in a bewildering
oxymoronic era, bonded ever closer by
technology yet torn increasingly apart by
tribalism. As a globalised city and financial
centre, Singapore faces a real threat from
terrorism. I am extremely grateful to LSC
for giving me an opportunity to study
this subject in depth and to indulge in
the activity enshrined in RSIS’ motto i.e.
“Ponder the Improbable”.
Legal Service Foundation Course
The Legal Service Foundation Course
(“LSFC”) is conducted for all new LSOs
in their first two years in the Service.
The LSFC comprises three tranches: the
residential programme at Outward Bound
Singapore (“OBS”), the briefings by and
visits to Legal Service departments and the
LSC Secretariat and the briefings by and
visits to key stakeholder departments.
The third tranche of the LSFC 2007/2008
was conducted in February 2008 following
the successful completion of the first
tranche in July/August 2007 and the second
tranche in November 2007. The briefings by
and visits to key stakeholder departments
introduced LSOs to the principles of
governance and provided them with a
contextual understanding of the legal and
justice systems and its interactions with
key stakeholder departments.
The first tranche of the LSFC 2008/2009 was
once again conducted in two runs from 10
to 12 September and 24 to 26 September
2008. The residential programme at OBS
provided LSOs the opportunity to get to
know those in their cohort through various
team-building activities. The second and
third tranches are scheduled in 2009.
Milestone Career Counselling
The Milestone Career Counselling (“MCC”)
framework was introduced in 2007 for
LSOs at specific milestone points of their
careers. In 2008, 38 LSOs attended an
MCC with the Secretary, LSC. Apart from
reviewing the LSOs’ career progression
in the Legal Service, their performance
and evaluating their posting histories,
LSOs were encouraged to surface their
preferred re-posting options and discuss
their aspirations and goals (including
training and developmental needs). The
senior Timescale LSOs who had been in
the Legal Service for ten or more years
were also invited to indicate their “niche
posting” preferences. (The “niche posting”
is for these senior Timescale LSOs to be reposted to and remain for a longer period at
a department of their choice.)
Succession Planning & Talent
Management Scheme
The Legal Service Succession Planning
framework and the Legal Service Talent
Management Scheme (“TMS”) were
institutionalised in 2006 pursuant to the
recommendations of the Legal Service
Review Panel 2006.
95
Special Feature, Programmes and Milestones
The TMS is the principal source for
renewal of leadership in the Legal Service
and underpins the Succession Planning
framework. The TMS serves to provide a
systematic framework to develop and groom
LSOs who have high potential and who have
consistently demonstrated good performance.
The LSOs may remain in the TMS if they are
assessed to have high potential coupled with
consistently good performance.
The LSOs in the TMS are provided requisite
training and development and the necessary
exposure through appropriate postings to
enable them to achieve their fullest potential
and to be progressed to assume leadership
posts as key appointment holders/Heads of
Departments. In particular, the LSOs are:
(a)put through compulsory rotations at a
faster pace;
(b)exposed to more committee work/projects;
(c)given priority for scholarship opportunities
to study for an LLM or other milestone
training;
(d)given priority consideration for attachments
to large local law firms or Barristers’
Chambers, or secondments to Ministries to
undertake policy work;
(e)given priority for inclusion in the two
specialist groups of the Legal Service,
the Technology Law Core Group and the
Biomedical Sciences Core Group; and
(f) targeted and trained to assume headship
positions.
96
In 2008, ten LSOs in the TMS attended Legal
Service milestone programmes. Fifteen LSOs
in the TMS were re-posted in 2008, as part
of their developmental cycle, to undertake
specific functions and duties in other Legal
Service departments and posts.
The LSC approved in 2008 the revised
composition of the Succession Planning
Committee (“SPC”) with effect from 1
November 2008. The composition of the
SPC was realigned to that of the Talent
Management Committee (“TMC”) to ensure
greater continuum and symbiosis in the
Succession Planning framework and the
TMS. The TMC and the SPC were headed
from 2008 by the Chief Justice. The members
of the TMC and the SPC were AttorneyGeneral Prof Walter Woon, Justice Chao
Hick Tin and Justice Lee Sein Kin.
Legal Service-wide
Working Groups
The Legal Service Working Groups
were established in 2007 for LSOs to be
involved in project/committee work at the
Service-wide level. All 16 Working Groups
presented their preliminary framework
and proposals to the Chairman of the Legal
Service Review Panel who raised pertinent
issues to be addressed and refined.
The Working Groups’ Review Panel, comprising
Attorney-General Prof Walter Woon, Justice
Chao Hick Tin and Justice Lee Seiu Kin, was
established in October 2008. The Review
Panel is to consider and approve the proposals
of the Working Groups and their possible
implementation in the Legal Service.
Four Working Groups presented their
proposals to the Review Panel in November
2008. The Review Panel gave directions
and the Working Groups are to present the
revised proposals to the Panel. The other
Working Groups continued their reviews.
The Technology Law Core
Group
First formed in November 2000, the
Technology Law Core Group (“TLCG”)
was created with the aim of building a
corps of LSOs with special knowledge in
information technology (“IT”), and a deeper
understanding of the legal issues arising
from the adoption of new technology. The
rationale is that the accumulated expertise
enhances these LSOs’ ability to support
Government’s role in building a legal
and regulatory infrastructure conducive
to Singapore’s aims to become a global
technology hub.
In 2008, Mr Tan Ken Hwee (Senior Assistant
Registrar, Supreme Court Registry) and Mr
Lionel Yee (Principal Senior State Counsel,
International Affairs Division, AGC)
continued to serve as the Mentors of the
TLCG (for the Judicial and Legal Branches,
respectively) under the guidance of the
TLCG’s advisor, Mr Charles Lim (Principal
Senior State Counsel, Legislation and Law
Reform Division, AGC). The Mentors were
assisted by Ms May Loh (of the Subordinate
Courts) as Deputy Mentor, and three
Assistant Mentors - Mr Lee Chuan Huei
and Ms Daphne Hong (both from the AGC),
and Mr Luke Tan (of the Legal Services
department, Ministry of Defence).
The TLCG’s Core Committee, responsible
for coordinating and organising the TLCG’s
activities, continued to be chaired by Mr
Christopher Ong (of the AGC). He was
assisted by Mr Dominic Zou (of the Legal
Services Branch, Ministry of Education)
and Ms Davinia Aziz (of the AGC).
In January 2008, former TLCG member Mr
Yeong Zee Kin (Supreme Court Registry)
– who was then in private practice – gave
a talk to members on the nature of IT law
practice in the private sector, as well as
on his experiences while attached to a top
Silicon Valley law firm. In his presentation,
Mr Yeong pointed out the varied nature
of IT law practice, which encompassed
not only “pure” IT law, but also other
areas of legal practice (such as contracts
and working with clients on government
tenders). The talk fulfilled its purpose of
drawing TLCG members’ attention to the
practical concerns of the private sector, in
relation to IT law.
In February 2008, TLCG member Ms Cornie
Ng, then with the Competition Commission
of Singapore (“CCS”), gave a talk on
the work of the CCS. Ms Ng provided
an overview of the interaction between
competition law and intellectual property
rights, and also shared insights into recent
cases which the CCS had handled. Her talk
addressed the interest that many members
had previously expressed about this
relatively new area of Singapore law.
In November 2008, the TLCG was privileged
to hold a forum with members of the
Advisory Council on the Impact of New
Media on Society (“AIMS”), which had
97
Special Feature, Programmes and Milestones
released its consultation paper earlier in the
year. The special guest was the Council’s
distinguished chairman, Mr Cheong Yip
Seng, formerly the Editor-in-Chief for the
English and Malay Newspapers Division
of Singapore Press Holdings (“SPH”). Mr
Cheong was joined on the forum’s panel
by TLCG advisor Mr Charles Lim (who was
also a member of the Council and chairman
of the AIMS Working Group); and TLCG
Mentor Mr Tan Ken Hwee (who was also a
member of the AIMS Working Group).
In a wide-ranging session, Mr Cheong and
the other panelists candidly shared about
the approach they had taken in developing
the proposals of AIMS, and the policy
considerations that had been weighed.
Most apparent was their conviction that
new media’s impact upon Singapore –
politically, socially and culturally – was
inevitable, and that existing laws and
societal norms had to adapt accordingly.
TLCG members provided their feedback
and views to the panelists and tapped on
Mr Cheong’s vast experience.
In the course of the year, the TLCG also
continued to take advantage of the links it
has developed with other bodies concerned
with IT law and other IT-related issues,
and the members were invited to attend
various relevant talks and seminars.
In March 2008, some members attended
a seminar on “eBanking Fraud and Cyber
Security” hosted by the Monetary Authority
of Singapore. The speakers included Mr
Tony Chew, the Authority’s Director of
98
Technology Risk Supervision. The seminar
gave attendees a valuable update on
current trends in electronic fraud and
cyber-security.
In April 2008, some members also attended
the Cybercrime Investigation Workshop
2008, organised by the Criminal Investigation
Department. The workshop’s theme was
“Fighting Cybercrime Across Borders –
Building Partnership”, and the attendees
benefited from a lineup of international
and local experts on cybercrime-related
issues. TLCG advisor Mr Charles Lim and
Core Committee chairman Mr Christopher
Ong were also among the speakers.
As at 31 December 2008, there were 19
members (not including the Mentors) in
the TLCG.
The Biomedical Sciences
Core Group
The Biomedical Sciences Core Group
(“BSCG”) was established in 2002 to
promote a deeper understanding amongst
its members of the ethical, legal and
social issues arising from developments
in the field of biomedical sciences. Mr
Aedit Abdullah (Special Counsel, Capital
Markets Department, Monetary Authority
of Singapore) and Ms Hoo Sheau Peng
(Registrar, Subordinate Courts) continued
to lead the BSCG as Mentors in 2008. Mr
Hui Choon Kuen (Director, Legal Services
department, Ministry of Manpower)
and Ms Sharon Lim (Senior Assistant
Registrar, Supreme Court) also continued
their appointment as Deputy Mentors. The
BSCG Core Committee, led by Ms Stella
Tan (Deputy Public Prosecutor, AGC), coordinated the various programmes of the
BSCG.
In 2008, the BSCG continued its efforts
to expose the members to a broad range
of issues and challenges that arise in the
field of biomedical sciences through the
organisation of seminars and lectures.
On 20 March 2008, the BSCG was
privileged to have Professor Too Heng
Phon, Professor at the National University
of Singapore Medical Faculty and Fellow
of the Singapore-Massachusetts Institute
of Technology Alliance, speak to LSOs and
members on the phenomenon known as the
“CSI effect” and the use of DNA profiling
in criminal justice. The CSI effect arises
where juries develop certain expectations
of forensic sciences that may be unrealistic
as a result of the popular television
series on crime scene investigations. In
explaining the basics of the complex
science behind DNA profiling, Professor
Too dispelled some of the common myths
surrounding forensic tests such as that they
are unambiguous and always correct, and
seldom or never marred by contamination,
lab error or biased interpretation.
Professor Too also explained the uses of
DNA profiling and the need to establish
DNA databases to facilitate criminal
investigation. The seminar concluded with
Professor Too sharing with the audience
some real-life cases where DNA profiling
had made substantial contributions to
solving crimes.
On 10 July 2008, the BSCG invited Dr
Edison Liu, Executive Director of the
Genome Institute of Singapore, to give a
talk to LSOs and members on the legal and
societal implications of human-animal
hybrids. Dr Liu gave an explanation on
the definition of interspecies combination
and how interspecies nuclear hybrids were
derived genetically. Dr Liu then considered
the legal and extra-legal implications
and concerns arising from humananimal combinations. The main factors
for consideration include the question
of the line to be drawn between what is
human and what is not and the question
of free will and autonomy. Dr Liu opined
that such ethical issues are essentially a
matter of degree, and the challenge ahead
lies in achieving the right balance between
permitting scientific progress and violating
cultural sensibilities. The law serves
the important function of constraining
scientists within boundaries and rules,
which need to be resolved through open
dialogues and debates.
As in the previous years, the members of
the BSCG continued to share knowledge
with all other LSOs in the Legal Service
through primers published on the “LS
News”, the monthly e-news bulletin of the
Legal Service.
The total number of BSCG members,
excluding the Mentors and the Deputy
Mentors, was 32 as at 31 December 2008.
99
Pride in
Service
100
The National Day Observance Ceremony 2008 was held on 11 August 2008. The Chairman
and members of the Legal Service Special Personnel Board and Senior Personnel Board,
a member of the Legal Service Commission and LSOs gathered in the Supreme Court
Auditorium to pledge their allegiance to the nation. Also invited to the ceremony were 11
PSC Scholars who were due to pursue or were studying for their undergraduate degrees
in law.
The ceremony began with the singing of the National Anthem and the recital of the
National Pledge (led by representatives from various Legal Service departments). A medley
of community songs was thereafter performed by the Henry Park Primary School Choir.
The ceremony marked the profound sense of responsibility and dedication of the
Legal Service and all LSOs to Singapore. It was also an opportunity to appreciate and
commemorate the contributions of LSOs in upholding the rule of law, the administration
of justice and safeguarding the interests of the people of Singapore.
Chief Justice Chan Sek Keong was awarded the Order of Temasek (Second Class) for his
significant contributions in the Pedra Branca case. Justice Chao Hick Tin, Vice-President,
Court of Appeal, was bestowed the Distinguished Service Order for his significant
contributions in the Pedra Branca case.
Eleven LSOs were conferred National Day Medals in 2008. Six of these LSOs were honoured
for their significant contributions towards the Pedra Branca case.
National Day Medals 2008 For Contributions Towards Successful Outcome Of
Pedra Branca Issue:
THE ORDER OF TEMASEK (SECOND CLASS)
Chief Justice Chan Sek Keong
THE DISTINGUISHED SERVICE ORDER
Justice Chao Hick Tin
Vice-President, Court of Appeal
THE MERITORIOUS SERVICE MEDAL
Mr Sivakant Tiwari
Special Consultant
International Affairs Division,
Attorney-General’s Chambers (“IAD, AGC”)
101
Pride in Service
National Day Medals 2008 For Contributions Towards Successful Outcome Of
Pedra Branca Issue (Continued):
THE PUBLIC ADMINISTRATION MEDALS
Name/Designation
Department
Award
Mr Lionel Yee Woon Chin
Principal Senior State Counsel
IAD, AGC
PPA (Gold)
Mr Pang Khang Chau
Senior State Counsel
IAD, AGC
PPA (Silver)
Mr Tan Ken Hwee
Senior Assistant Registrar
Supreme Court Registry
PPA (Silver)
Mr Ong Chin Heng
State Counsel
IAD, AGC
PPA (Bronze)
Mr Daren Tang Heng Shim
State Counsel
IAD, AGC
PPA (Bronze)
National Day Medals 2008:
THE PUBLIC ADMINISTRATION MEDALS
Name/Designation
Department
Award
Mr Khoo Oon Soo
Principal District Judge
Subordinate Courts
PPA (Gold)
Mr Muhammad Hidhir Bin
Abdul Majid
Deputy Chief Executive
(Legal & Enforcement)
Accounting and Corporate
Regulatory Authority
PPA (Silver)
Mr Phang Hsiao Chung
Deputy Senior State Counsel
Legislation and Law Reform
Division, AGC
PPA (Silver)
THE LONG SERVICE MEDAL
102
Name/Designation
Department
Mr Bala Reddy
Principal Senior State Counsel
State Prosecution Division,
AGC
Mrs Lee-Khoo Poh Choo
District Judge
Subordinate Courts
AUTHORITY
OF SINGAPORE
THEMONETARY
LSC & SPECIAL
PERSONNEL
BOARD WITH
THE RECIPIENTS OF THE NATIONAL DAY AWARDS 2008
(Left To Right):
BoonFront
GinRow:
(Left Tan
To Right)
(Director
andVHead,
Enforcement
Division, Capital
Justice
K Rajah,
Attorney-General
ProfMarkets
WalterDepartment,
Woon,
Market
Conduct
Group,
MAS)
Chief Justice Chan Sek Keong, Justice Chao Hick Tin, Justice Lee Seiu Kin
Aedit Bin Abdullah
(Special Counsel,
Markets
Department,
(Left To Capital
Right) Back
Row:
Market
Conduct
MAS)
Mrs Lee-Khoo Poh Choo, Ong
Chin
Heng,Group,
Phang
Hsiao Chung, Tan Ken Hwee,
Lionel Yee Woon Chin, Sivakant Tiwari, Pang Khang Chau,
Muhammad Hidhir Bin Abdul Majid, Daren Tang Heng Shim, Bala Reddy
103
Editorial Committee
LEGAL SERVICE OFFICERS
Ms Sia Aik Kor (Chairperson)
Ms Gillian Koh Tan (Vice Chairperson)
Ms Jill Tan Li Ching (Member)
Ms Low Siew Ling (Member)
Ms Sandra Looi Ai Lin (Member)
Ms Diane Tan Yi-Lui (Member)
Mr Adrian Loo Yu Hao (Member)
Ms Cassandra Felicia Cheong Pei Shan (Member)
Ms Ang Feng Qian (Member)
Mr Prem Raj s/o Prabakaran (Member)
Mr Lau Kah Hee (Member)
LEGAL SERVICE COMMISSION SECRETARIAT
Ms Jeanne Kuik
Ms Chua Xiao Hui
IN CONSULTATION WITH
Mr Hamzah Moosa
Secretary, Legal Service Commission
DEPARTMENTAL LIAISON OFFICERS
Mr Lim Jian Yi (Supreme Court)
Ms Jill Tan Li Ching (Subordinate Courts)
Mr Benjamin Yim Geok Choon (SPD, AGC)
Ms Jean Chan Lay Koon (CJD, AGC)
Mr Kow Keng Siong (IAD, AGC)
Ms Brenda Chua Wei Ling (Civil Division, AGC)
Mr Sundareswara Sharma (LLRD, AGC)
Mr Eugene Lee Yee Leng (Legal Services department, MINDEF)
Ms Elena Yip Luyang (LAB)
Mr Malcolm Tan Ban Hoe (IPTO)
Mrs Lim Su Ching (Legal Policy Division, MinLaw)
Ms Wong Pui Kay (Legal Unit, MHA)
Mr Paul Chia Kim Huat (Legal Services department, MOM)
Mr Alvin Koh Meng Sing (CCS)
Mr Andrew Abraham (ACRA)
Ms Danielle Yeow Ping Lin (IPOS)
Mr Bryan Chew Chee Wan (SLA)
104
105
LEGAL SERVICE COMMISSION
1 Supreme Court Lane,
Level 4, Supreme Court,
Singapore 178879
website: www.lsc.gov.sg
email: lsc_sec@lsc.gov.sg
106