L4AM SLIC Muggers

L4AM CHUNMAN SLIC MUGGERS
Table of Contents
Topic 1: Introduction to Legal Systems ............................................................................... 1
Topic 2: Development of Singapore’s Legal Institutions and Executive Branch ................. 13
Topic 3: Legislative Branch............................................................................................... 25
Topic 4: Sources of Law .................................................................................................... 30
Topic 5: Judiciary Branch (The Courts and Adjudication) .................................................. 35
Topic 6: Legal Profession and Professional Training ......................................................... 50
Topic 7: Legal Ethics and Professional Regulations ........................................................... 63
Topic 8: Anatomy of Criminal Trial ................................................................................... 75
Topic 9: Anatomy of Civil Trial ......................................................................................... 86
Topic 10: Appropriate Dispute Resolution (ADR) .............................................................. 95
Topic 11: Access to Justice.............................................................................................. 104
Topic 12: Singapore and the International Legal System ................................................ 113
L4AM LLP and Chun Man v NUS Law SLIC Department [2019] SGCA 1; [2019]
1 SLR(R) 152
Credits
Adapted from: Chun Man
Unsung heroes: Darryl, Marrisa Chok
Foreword
• Refer to blue columns for information that we view as more critical. If time permits, study the grey columns.
• Readings and video contents have been incorporated together into the sections that have been sorted by
topic
Topic 1: Introduction to Legal Systems

Tutorial Questions:
1
1. What is the difference between a ‘legal system’ and a ‘legal tradition’?

a. Why do we need to understand these concepts in our bid to understand how law works in our
society?
2. How does Friedman characterize the ‘legal system’?
a. Do you think this provides us with an adequate tool for analysis?
3. What do you think are the principal factors leading to the establishment of different legal systems and
regimes in Southeast Asia?
4. In what ways are common law lawyers and civil law lawyers similar or different? Give examples to illustrate
your answer.
Note:
- Focus on the Bell reading for definitions of most important things in this topic, Focus on the Friedman
reading for legal systems
No. Quick Facts

1 “Legal system” – an operating set of legal institutions, procedures and rules (specific to individual states).
Defined by Bell as “The systemic, or at least syncretic, integration of the different legal traditions and cultures
found in a given nation”
2 From Friedman – The Legal System
Importance of Rules and Legal Procedure

(a) Distributes power among legal institutions;
(b) Regulates the role of legal actors in the process;
(c) Creates/lessens the dependence of laymen on lawyers;
(d) Determines access to law and thus the structure of power, and
(e) Allows change only in valid and approved ways
3 Views of Legal System
(a) Conventional View – Law is certain predictable, free from subjectivity (old)
(b) Legal Realism View – Law cannot be predicted wholly from structure and rule (current)
4 Elements of Legal System
(a) Structure – Institutional Bodies (skeletal framework)
(b) Substance – Substantive Rules and Rules on how institutions should behave
(c) Culture
5 Functions of Legal System
(a) General Function – To distribute and maintain an allocation of values that society feels to be right
(Justice)
a. Distributive Justice
b. Commutative Justice
(b) Settlement of Disputes
(c) Social Control – Enforcement of rules of right conduct
a. Primary Social Control – Criminal Justice (Arrest of criminals)
b. Secondary Social Control – Rehabilitation/Reformation, Deterrence
(d) Social Engineering – Harvesting in demands of society and making them rules and values (Defines
“norm”)
(e) Recording Function – Administrative Reason
2
(f) Symbolic Function - Crimes punished because it offends the solidarity of society.
From Wack – Law’s Roots
Functions of the Law:

(a) Order – Law is an essential prerequisite of a society that aspires to safeguard the well-being of its
members
(b) Justice – Justice consists of treating equals equally and “unequals” unequally, in proportion to their
inequality
(c) Protection of Property
(d) Protection of Community’s General Well-being
(e) Protection of Individual Rights
6 Law is an Allocative System

(a) Legal decisions are by nature economic, as they allocate scarce goods and services. The legal
system is a rationing system that reflects the distribution of power in society.
(b) The allocation takes into account the following factors:
a. Need: (prioritise large and low income families)
b. Merit (beauty, wisdom, virtue)
c. Ascriptive/Status (Birth, Sex, Religion, Income, etc.)
d. Chance (Luck)
e. Lottery (Equality of Opportunity)
f. Constitutional (Determines the way decisions are made)
7 From Bell – Legal System in Context
Understanding the concept of a national legal system would require the definition of the individual 3
elements:
(i) “nation” (vs. jurisdiction, society, group);
(ii) “law” (vs. norms, rules, behaviors, customs);
(iii) “system” (vs. tradition, culture, legal family)
(i) Defining Nation

a. Not all law within a nation is national law, as not all the law applies to all nationals
living/present in that jurisdiction.
i. (1) Because the nation is divided into different territorial jurisdictions (eg. federal
states in the US).
ii. (2) Because the laws apply to different people depending on differentiating factors like
ethnicity, status or religion (more applicable to SG).
● Eg. Military law, civilian law and justice is an illustration of how the
personality of law is based on status.
b. Law is not always national as some laws finds it source or authority from foreign
jurisdictions.
i. Particularly relevant in SG as a significant part of SG law is based on English law, even
though SG law has become fully autonomous.
3
c. “National” can refer to either persons or a territories.

i. In civil law countries, “national” means the nationality of the parties involved - State
claim jurisdiction over criminal matters on the basis of the accused’s nationality + In
private matters, will give citizens right to sue foreigners, regardless if the actions
occurred within the country.
ii. In common law countries, “national” means within the territory of the nation - State
claims jurisdiction over criminal and tort matters on the basis of where the crime or
tort was committed
1. Singapore
(ii) Defining Legal (or Law)
a. The definition of law is not limited to laws adopted by the official organs of the state (positive
law). Eg. Some trade practices or customs in contract law will be recognized as binding by
merchants and the courts, though they were never defined/sanctioned by the state.
b. A broad definition of law should include: legal tradition, cultures, values and beliefs of a given
people → none of which are positive rules adopted by states
(iii) Defining system

a. Main issue: distinguishing legal systems from legal culture
i. Eg. Indonesia’s legal system stems from French civil law tradition applied through parts
of the former Dutch Civil Code, while its legal culture is very different from the
Netherlands.
b. Plain definition: Is the law and legal institutions in place in a given country (positivist
approach).
i. Bell argues this is not a complete definition, because legal systems are part of larger
legal traditions and is affected by legal cultures that go beyond the borders of SG.
c. Bell’s definition: the systemic, or at least syncretic integration, of the different legal traditions
and cultures found in a given nation.
d. Legal Traditions
i. Definition: the common heritage shared by jurists and by legal systems having a
common origin and to some extent, a common history.
ii. Adopting common law can be a form of tradition
1. Tradition is not defined exclusively by its content, but by the continuous act of
transmitting a live heritage.
2. Common law has always been delivered/handed over by persons and
institutions; judges applied English common law in SG when England claimed
jurisdiction over us.
3. It has never adopted by legislation (as the law of the country) the way civil
code can be adopted.
4. Characterising common law as a tradition:
a. Has institutions - judiciary and the Bar
b. Dependent on personnel and institutions that brought it to foreign
lands
iii. Being of the same legal tradition means sharing similar legal concepts and categories,
even if their rules are different.
4
1. Eg. American and British lawyers both understand the concept of

consideration, though in the US, consideration is not required to amend or
modify a contract. Conversely, the concept of consideration does not exist in
civil law.
2. Sharing a legal tradition makes it easier for one country to adopt/transplant
the rules of another. Hence, SG courts look at foreign cases from common law
countries when making judicial decisions.
a. Eg. Adopting the Canadian/Australian approach to divorce (using
constructive trusts more liberally) vs. Adopting the French reserve
hereditaire
iv. Being of the same legal tradition means sharing a methodology and often, similar
legal institutions.
1. Difference 1: Sources of law
a. Common - although statues always superseded the common law,
reality was that statutes were often adopted in reaction to case law
(foundation of the legal system)
b. Civil - cases only interpret the civil code, the main source of law; in
principle case law is never binding
2. Difference 2: Attitudes towards legislation and judicial decisions
a. Influenced by respective sources of law.
b. Common - statute often adopted to amend the common law created
by judges, hence judges are very precise and clear about wording in
their judgments; statutes usually drafted in great detail as drafter
knows it will be interpreted restrictively
c. Civil - a lot more liberal and purposive when interpreting statutes;
statutes usually drafted as general as possible as drafter knows that
the terms will be interpreted very broadly
v. Being of the same legal tradition means sharing the same powers of the courts or
remedies available to parties.
1. Common - eg. injunctions, contempt of court
2. Civil law - no injunctions, and no equivalent of contempt of court
vi. Legal tradition also includes institutions and processes
1. Common - 1 Supreme Court, 1 Final Court of Appeal
2. Civil - eg. in France, no single court has jurisdiction over all the highest courts.
a. Administrative tribunals have the Council of State as their final court;
Judicial courts have the Court of Cassation as their final court;
Constitutional Council is the final court in constitutional matters
vii. SG: common law + islamic law traditions
viii. Malaysia: common law + islamic law + adat law
ix. Quebec (Canada), Philippines, SA, Louisiana (USA): common law + civil law
e. Legal Cultures
i. Bell argues that legal tradition carries with it a distinctive culture.
1. Eg. Islamic Law linked to Islamic/Arabic culture; Canon law linked to Christian
values, theology and culture; both civil and common law traditions are heavily
influenced by Christianity
5
ii. Counter: Law is a neutral endeavour that transcends cultures; legal culture is not
found in the law but in people’s attitudes towards it and how they use it.
iii. Counter: Concepts of legal culture and legal traditions are used mainly by those who
want to find fault with a positivistic/nationalistic approach to law and go beyond the
borders of the nation-state.
8 Does concept of National Legal System still exist?
● (i) National legal systems were never exclusively or uniformly national

○ (a) External influences
■ Thesis: Given that the concept of a nation-state is so recent, it is likely that all
systems have been influenced by external factors; they were not created in
isolation.
■ Example: Roman Law served as a foundation of sorts for civil law (but only in
private/tort law)
■ Example: Church Law undoubtedly had a significant role to play in common law
■ Example: International law has helped developed both civil and common law:
introduction of juries in some criminal matters in civil law countries
“democratically advanced” English law; the US influenced South Africa to join the
presidential systems
■ Example: Colonisation led to limited adaptations of civil and common law in local
legal systems
○ (b) Internal Diversity
■ Thesis: Within a state itself, laws are rarely uniform in nature. This is “legal
pluralism”, which recognises multiculturalism and multi-religious pluralistic
societies.
■ Example: Some states are federal in nature and thus civil law influences some
parts of the country while common law reigns in the rest of the country - Quebec
in Canada, Scotland in the UK
○ (c) External Influences and internal diversity in Singapore
■ Thesis: Although SG’s legal system is independent in the most important sense
(The CA is now the court of final appeal), it is not fully independent as it still
resorts to outside sources of law.
■ Examples: English law is still applicable in SG and to some extent, is even binding;
Islamic Law in SG is an example of a non-national source of law
● (ii) Further Erosion of the National Legal System Concept
○ (a) Localising factors
■ Thesis: As the government tries to be closer to its people, there has been a
localisation of authority; more decisions seem to be taken at a local level, leading
to a diminished role of the central state in managing local matters
■ Examples: Devolution of powers to Scotland and Wales in the UK
■ In SG: This is less relevant to Singapore as being a small island-state, the need to
localise is less obvious.
○ (b) Globalising factors
■ Thesis: Efforts to integrate economies within a region (eg. EU) lead to pressure on
national legal systems to either abandon some of their jurisdiction in favour of a
6
more supranational one, or to amend some national laws that would lead to a
uniform set of rules.
■ In SG: SEA is unlikely in the near future to experience the economic and political
integration experienced by the EU.
● (iii) Evaluation: the importance of learning about legal systems in foreign countries.
○ In this day and age, comparative law has moved from being a mainly intellectual
endeavour to an essential tool for trade and development.
○ Singapore depends too heavily on regional and international trade to remain unaware of
the legal systems and cultures of our neighbours and trade partners.
○ We need to learn about the other legal traditions and cultures present in this region and
the world, by understanding where our respective similarities and differences lie.
9 “Legal tradition” – a set of deeply rooted, historically conditioned attitudes about

- the nature of law,
- the role of law in society and the polity,
- the proper organisation and operation of a legal system, and
- the way law is or should be made, applied, studied, perfected and taught.
10 Two main legal traditions are Common and Civil Law
11 Legal Culture is the “values, ideas and attitudes a society has with respect to its laws”
12 Legal Culture is affected by:
- Historical Development – observe the communities and norms which have been prevalent within
those countries (informal legal norms)
- Cultural Norms (Reciprocal Relationship), which shape legal norms and the way in which
procedures are implemented
13 To understand a Legal Culture, we have to observe:
- How disputes are resolved
- How the law is perceived
- Dynamics in the courtroom (How judges and lawyers behave in court)
- Priorities
o US places more importance on the law, France on public policy and India on the
community
14 The distinction between Civil and Common Law have blurred.
- The issues that they seek to deal with are common, like allocation of liability
- Many jurisdictions make use of certain sections of the best legal traditions to make their countries
more competitive (typically in the economic sense)
Main differences:
● Common law is essentially unwritten, non-textual law that was fashioned by medieval lawyers and
the judges of royal courts → codification has been resisted by common lawyers
○ Exception – this resistance is weaker in the US
■ American Law Institute published a number of ‘restatements of the law’ to ‘address
uncertainty in the law’ → seek to clarify rather than codify the law → strong standing
as secondary authority
■ Uniform Commercial Code established consistent rules in a respect of a number of
key commercial transactions that apply across the country
7
● The common law is casuistic – built through cases rather than texts
○ Results in a more pragmatic, less theoretical approach to legal problem-solving
● Doctrine of precedent is elevated to a supreme position in the common law legal system
○ Engenders constancy, predictability, and objectivity
○ Still allows for judges to distinguish apparently binding precedents on the ground that the
case differs from them in some material aspect
● Common law premise – ‘where there is a remedy, there is a right’

○ C.f. civil law, where the position is ‘where there is a right, there is a remedy’
○ Essentially remedial rather than rights-based → result of the writ system
● Common law introduced trial by jury for both criminal and civil cases in the 13th cent.
○ Remained a fundamental feature of the common law
○ Jury decides on the facts of the case, while the judge determines the law
■ This separation between facts and law not adopted by civil law systems
○ Illustrates importance of oral tradition of common law, against the essential role of written
argument employed by civil law
15
16 Before arrival of colonial powers, Southeast Asia was influenced by 3 major legal traditions:
- Hindu Legal Tradition in Burma, Thailand, Java, Bali and Cambodia
- Islamic Legal Tradition in Malaya, Singapore, Brunei and Indonesia
8
- Chinese Legal Tradition primarily in Vietnam

17 Spheres of Control/Influence in SEA:
- British à Malaya, Singapore, North Borneo and Brunei
- French à Indo-China (modern-day Vietnam, Cambodia and Laos)
- Dutch à Indonesia
- America à Philippines
- Portugese à Timor
- Thailand independent throughout
18 Dutch (Indonesia)
- Careful, non-interventionist system of governance, using local regions and village aristocrats.
- Differentiated legal policy based on race and religion
o Dutch Civil Law only applied to Europeans and those with European status (Japanese)
o Locals used customary law
o Chinese customary law was applied for Chinese
o Christians provided with special legislation
19 British (Malaysia, Singapore)
- Introduced English Common Law to each territories, treating them as terra nullius (being inhabited
islands)
- Common Law principles were modified to accommodate native and customary laws, as well as
native circumstances
o Indigenous Laws often absorbed into legal systems through statutes and case law
- However, Native courts were subject to English Law and English override native jurisdictions
20 French (Indo-China)
- Highly sophisticated legal systems that borrowed heavily from Chinese Law
- French Law was promulgated in 1864, applying to civil and commercial matters involving
Europeans and Locals
- Laws were accordingly codified, and amended based on local circumstances
- Indigenous tribunals which administered local laws were retained for cases involving locals
21 Portugal (Timor)
- After Indonesia took over, Indonesian Law was applied.
- Now, Indonesian Law is applied, with the subsidiary law being Portugese Law
22 Spanish, American (Philippines)
- Spanish Civil Code replaced by new civil code in 1950, under US rule
23 Vietnam
- Reunification in 1976 saw a constitution heavily influenced by Soviet Union’s
- Largely socialist in principle and practice, even after reforms (Civil Law)
24 Laos
- Socialist-Style ideology provided overriding legal framework until mid 1980s
- In mid-1990s, Laos passed an umber of business-related laws including a civil code (Civil Law)
25 Cambodia
- Independent in 1953
- After Vietnam troops overthrew Pol Pot, a Vietnamese-backed government was established.
o Introduced a French-inspired legal system, heavily infused and supplemented by socialist
rules (Civil Law)
o Since 1993, a French-based civil code has operated with some common law inputs
9
26 Burma
- In 1964, Burma was established as a single party socialist unitary state
- Since 2008, it has transited into democracy
- Legal System is still fundamentally Common Law in structure
27 Indonesia
- “Guided Democracy” under Sukarno until 1966
- Suharto took over, and kept 1945 Constitution and Dutch Law
28 Philippines
- 1987 Revolutionary new Constitution
- Legal Tradition remains a combination of Spanish-inspired Civil Law and Anglo-American Common
Law
29 Malaysia
- Common Law applied with infusion of local adat (local customary laws and tradition)
- Operation of British-Style courts
30 Thailand
- Brought in French Law Models and French legal advisor to craft Criminal Code
- Later, Civil and Commercial Code borrowed from Japan, which was based on German Law
- Today, Thai jurisprudence is an amalgamation of Swiss, German, French, English, Japanese, Italian,
Indian as well as Islamic laws and practices.
31 Conclusion:
- Extremely hybridized legal systems result from interplay of colonial law and local practice and
customs
- Although plural local societies never ceased resistance, the colonial legal systems have been
durable because of two intervening forces:
o Economic Development (to access foreign investment – used to come mainly from North
and Western countries)
o Modernisation
- Global Trading System revolves around a matrix of rules and laws which make it possible for
transactional activities to take place
- In near future, with the Asia’s economy booming, it is possible that Asia can dictate some rules and
a variety of different manifestations of modernity will appear.
32 Kevin Tan’s Making and Remaking of Constitutions
These are the main factors that determined the remaking of Constitutions.
Factor 1: Colonialism
When European powers departed, new constitutions were invariably put in place to facilitate smooth
government transitions and to protect minority rights.
Decolonisation provided the impetus for SEA’s first great era of constitution making.
- US – Spread-out Colonial Policy aimed to prepare Philippines for political responsibility and
nationhood
o Counter: US had unaltruistic economic motives behind the decolonization policy
10
- UK – Consistent Colonial Policy that aimed to export Westminster Model and provide a gradual
devolutionary decolonization framework
- Dutch – Failed decolonization policy – led to local opposition
- French – Failed decolonization policy – led to wars (Indochinese War)
Factor 2: Communism
While colonialism provided the biggest impetus for state formation and its consequent constitution making,
communism fuelled the remaking of many constitutional orders where many independent SEA states gained
their independence riding on Communism’s back, particularly the Indochinese states.
● Vietnam
○ Post-colonial 1946 Constitution had limited impact on country
○ After reunified under Communist Rule following the Vietnam War, the 1959 Constitution
was revised. The new constitution emphasised sovereignty, new culture, new socilaism
and new economy
● Cambodia
○ Vietnamese troops invaded Cambodia and overthrew Khmer Rouge
○ 1993 Constitution was drafted and adopted by the Assembly; it repleted democratic
aspiration, rejecting political authoritarianism
○ The constitution provides a stable framework for democracy but it is too early to tell if
parliamentary processes will be allowed to blossom
Factor 3: Revolution (Burma, Philippines, Indonesia, Thailand)
Revolution in SEA, starting with Burma, has overthrown several constitutional orders. Eventually, political
changes in Philippines and Indonesia - of revolutionary proportions - radically altered the trajectory of
constitutional development.
Factor 4: Evolution (SG, Brunei)
Not all SEA countries experienced revolutionary changes to their constitution. Malaysia, Singapore and
Borneo (former British colonies) continued to operate the same constitutions their colonial masters
implemented.
Conclusion:
● Decolonisation proved the most important impetus for constitution making, but except for
Malaysia, Singapore and Brunei, few SEA countries have retained their constitutions:
● (i) Management of multi-ethnicity in plural societies
○ Particularly in SEA, there is a diverse range of races, tribes and cultures; this problem was
exacerbated by the fact that colonial powers had merged and divided many traditional
cultural boundaries
● (ii) Decolonisation process and the manner in which power was transferred from metropolitan
power to the newly independent states
11
○ Colonial masters tended to work with the country’s elites in policy making, especially if
they share their values and conceptions of a good government
○ However, rarely did these local elites command popular support on the ground
● (iii) Constitutional culture
○ A rich and long lasting constitutional culture not only celebrates the individual but also the
rule of law
○ However, many SEA countries adopt the principle of rule by law rather the rule of law (eg.
absolute rule is constitutionally sanctioned in Burma and Brunei)
● (iv) Shifting political priorities
○ Prior to independence, constitutions were drafted in relation to government organisation
and structure and guarantees of basic civil liberties to citizens
○ Towards the 1980s, there was a consistent trend across many of the SEA states of an
emphasis on more intangible concerns like the environment, human rights and political
corruption
○ Especially in Thailand, Philippines, Vietnam and Indonesia
33 Development of Singapore’s national legal system
- Before colonialization, the law was largely based on ethnicity and religion rather than nationality
- Legal system created upon independence of 9th August 1965
- Main influence was English common law
12
Topic 2: Development of Singapore’s Legal Institutions and Executive
Branch
Tutorial Questions:
1. What factors were most germane to the development of Singapore’s legal system? How significant was the
advent of World War II (‘The Japanese Occupation’) to the development of Singapore’s legal system?
i. Colonialism
1. Legal Institutions mirror UK’s
2. Adopted Legal Tradition of Common Law from UK (through Regina v Willans [1858])
3. Follow certain Acts under Second Charter of Justice, which UK does not
4. Even after independence, we continued to follow UK’s law through “Application of English
Law Act”
ii. Effects after WWII
1. Singapore became a separate colony, different from being part of the Straits Settlements
2. Constitution was created thereafter and gradual internal self-governance was provided
(following Rendell)
2. Based on your readings so far, what do you think are the most unique aspects of Singapore’s legal system?
i. Existence of a Syariah Court, which has the jurisdiction to hear cases involving Muslim Laws relating
to marriage, divorce, betrothal, nullity of marriage or separation, disposition/disposal of property
upon divorce and payment of mas-kahwin (maintenance) and matta’ah (consolatory gifts).
1. Cases arising from this court are appealable to the Majlis Ugama Islam, Singapura, or just
Majlis.
ii. The roles of Judicial Commissioners and Supernumeraries exist to help curtail the lack of Judges in
court. The former to help persuade practitioners take on the appointment for a temporary time
before returning to private practice after the term is complete. Supernumerary judges on the other
hand are Supreme Court Judges over the age of 65 (retiring age by constitution) who stay on as
judges on a contractual basis for terms of ~1-3 years.
iii. The judiciary tends to place state imperatives over individual rights, concerning themselves more
with legal justice than social justice. In can thus be said that the courts are generally trusting of the
executive and have often endorsed state imperatives instead of questioning the executive when
issues of individual rights or liberties are put in question. (see page 354 of Singapore, A Statist Legal
Laboratory)
3. What do you understand by the term ‘Westminster system of government’? How is it different from other
forms of government?
i. President plays largely ceremonial role, where additional roles are mainly reserved for exceptional
circumstances
ii. Head of Government is the PM. PM is not elected by the people and is whoever the majority of the
cabinet supports.
iii. Cabinet consists of MPs (Legislative Branch), who are chosen by the PM.
iv. Essentially, compared to other systems, the separation of powers in the Westminster System is less
distinct.
4. Why do you think most governments around the world are organized around three branches: the legislative,
the executive and the judicial?
i. To ensure a check and balance of power
ii. It creates clear boundaries of which the different branches of governments are to adhere to. The
judiciary’s role is to interpret the laws passed by the legislature and enforced by the executive. This
facilitates in the organising and functioning of society to ensure (hopefully) predictable manners of
how the government functions or ought to function.
5. Why is it often said that the executive branch of government is the most powerful branch of government? Is
this statement more true in a system of government based on the Westminster model? Why?
13
i. The executive branch is able to pass executive orders and veto legislations passed by the legislature.
This would presumably lead to the executive having the power to stall the legislature and to
promulgate its own agenda.
ii. The judiciary, in theory, plays no part in law making and instead is tasked with interpreting the law.
The expanding role of the heads of the judiciary in some contexts may lead to the separation
blurring between judiciary and executive.
iii. The statement is more true in a system of government based on the Westminster model. The
legislative and the executive branches are merged into one parliament, making the members of it
effectively both the writers and enforcers of the law.
6. If the Prime Minister is not directly elected by the people, is it fair that he should have such tremendous
power?
i. In most cases of general elections around the world, it is obvious who would be running for the
position of PM during the process. Each party would be led by the Party’s Attorney General. In this
case, the incumbent PM would lead his party while the opposition party would choose their own
leader. As such, the electorate is aware of who would be the potential candidates for PM.
ii. Additionally, PM is nominated and seconded by the selected MPs. This implies that the elected PM
has the indirect trust and mandate from the people.
7. What makes Singapore’s executive branch so unique?
i. Parliament must seek approval from Council of Presential Advisor (CPA) on matters related to
appointments and reserves
ii. All bills must also be approved by the Presidential Council for Minority Rights
iii. AG takes on a dual role of Government’s Legal Advisor and Public Prosecutor. This might be deemed
as adding politics into the judiciary.
Discussion points:
- Note: Read view update on reserve elected precedency article 19b (what minority) and 164 (terms of
presidency)
3 BRANCHES OF GOVT, HOW A LAW IS PASSED
EXECUTIVE Involved in day to day running of SG
PM Appointed by president among MPs. President can declare vacant if (1) PM
resigns (2) PM lost confidence among MPs
Cabinet Appointed by president in discussion with PM.
President • Power to appoint PM, declare PM office vacant, withhold assent to
dissolve parliament.
• Power to veto appointment of key appointment holders
• Power to veto govt supply bills and all fiscal matters touching on
Singapore’s reserves
• Safeguard mechanism triggered in 2009, when S R Nathan
approved drawdown of 4.9 billion to fund Jobs Credit Scheme
• Gatekeeper role in decisions under ISA and Maintenance of
Religious Harmony act
• Require Council of Presidential Advisors’ agreement before veto can
be used.
• Parliament can overrule President’s decision with 2/3 majority vote
(Art 22, 22A, 22C)
• Ceremonial role, support charitable causes
• Chosen by popular election (moral legitimacy)
14
AG Chief legal officer + adviser to parliament

Westminster Parliamentary system with a ceremonial head of state, a head of government,
system executive branch led by head of government, legislature made up of elected
officials, an independent civil service, a parliamentary opposition
Presidential President leads executive branch separate from legislature, made up by
system elected officials
Judiciary’s Chng Suan Tze v Minister for Home Affairs and others [1988]: All power has
cap on legal limits and the rule of law demands that the courts should be able to
executive examine the exercise of discretionary power. If the executive in exercising its
discretion as exceeded the four corners under which Parliament has decided
it can exercise its discretion, a court of law must intervene.
LEGISLATURE Parliament makes laws.
• One chamber given the lack of capable persons + potential perpetuation of racial and
other differences (amongst other problems) This was decided in the Randall Commission (1953-
54)
Parliament Prime body for decision making in country.
MPs Representative democracy: individuals stand for election to represent the
people hence expected to make laws that reflect the will of the people
*Ordinary MPs do not have resources, expertise and time to table bills.
NCMPs “Best losers”. Enjoy same voting rights as MPs, except amendments to
constitution, supply bills, votes of no confidence, removal of president*
(changed by 2016 amendment – see video update 1)
S39(1)(b) NCMPs shall not exceed 12 in number.

Parliamentary elections act s52(1): NCMPs shall be 9-B, where B = opposition
members elected into parliament.
2016 amendment altered Article 38 of the constitution

- NCMP voting powers enlarged, they have the same voting rights as
elected MPs. They can vote on bills amendments to constitution,
supply bills, money bills, votes of no confidence in the government,
removal of president*
- Rationale: “NCMP have as much mandate as voters to be in the House
as constituency MP’s”
NMPs Independent of any political parties, appointed for 2.5 years on the
recommendation of Special Select Committee.
Ensure greater diversity of voices in the house, contribute independent views.

Represent interests of wider group.
s39(1)(c) NMPs shall not exceed 9 in number.
Can debate and vote on all issues except amendments to constitution, supply
bills, votes of no confidence, removal of president.
PCMR -Consider and report matters affecting racial/religious community
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Made of Chairman, up to 10 permanent members appointed for life, and 10

ordinary members appointed for 3 year terms.
*As of 2009, it has not issued any adverse report.
How a bill is 1) Ministry looks at existing law and feels there are gaps/new needs
made arisen not covered by existing law —> paper then developed, talk to
stakeholders etc.
2) Cabinet agrees to bill in principle, perm sec prepares detailed
statement of proposed contents for AGC
3) AGC drafts bill, goes for vetting by MinLaw and reading in
Parliament.
4) First reading: Short title read, matter will be discussed in next
available seating
5) Second reading: Minister makes speech as to why bill is tabled,
debate with MPs and scrutinize clauses. It is then moved to a
committee (either the whole house, or select committee).
Amendments to bill made here.
6) Third reading: Read with all amendments and given final approval.
Small oversights may be amended, but not underlying principle of
bill.
7) Sent to PCMR for approval, then president.
8) Once assented, it becomes an act of parliament. Comes to effect
once gazetted.
*Parliament can bypass President’s assent to draft laws in an emergency.
Subsidiary Parliament delegates legislative power to executive branch. To prevent abuse
legislation by executive, all SL is made pursuant to powers under the parent act
JUDICIARY Supreme Court: COA and HC
Subordinate Court: Magistrate, District, Coroner, Juvenile, Family, Small Claims
COA: consists CJ, Vice President of COA, Judges of Appeal, Puisne Judges of HC
Article 93 vests judicial power in Supreme Court, court has powers of judicial review over
constitutionality of legislation (except legislation passed under Part XII – Special Powers against
Subversion and Emergency Powers). Presidential discretions (ISA) can also prevent courts from
scrutinizing validity of administrative acts.
Courts exercise power of judicial review over constitutionality of legislation.
Judiciary must be independent from other branches, because it also resolves disputes between
individuals and govt (and cannot be biased).
1) SC judges have security of tenure, and can only be dismissed by incapacity or gross
misconduct
Exceptions: Supernumerary (“contract”) judges and Judicial commissioners. JCs are
appointed on temporary basis between 6 months and 3 years.
2) Remuneration: Judge’s pay cannot be adjusted after appointment.
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Different powers of the govt must be separate and distinct to preserve liberty. Members of each
department should be as independent of the other departments as possible.
Basic idea: Power should be distributed, and not concentrated In the hands of a select few. Each
branch, ideally, should act as a watchdog over the other.
Summary
How do 3 branches check each other?

• Executive checked by legislature (actions are subject to scrutiny in Parliament)
• Executive checked by president (appointment of KAH subject to president approval)
• Legislature checked by president (President must assent bills before they are passed)
• President checked by legislature (Can be vetoed by 2/3 majority in Parliament)
• Judiciary checked by President (SC Judges and CJ appointed by president on Cabinet’s advice. President
can prevent courts from considering validity of administrative acts on the basis of ISA)
• Executive and Legislative checked by
• Judiciary through judicial review. Judiciary can examine administrative decisions and laws made.
DEVELOPMENT OF SG’S LEGAL SYSTEMS

Overview of 1826 Court of Judicature of Prince of Wales’ Island (Penang) à 1867 Supreme Court of Straits
developmen Settlement à 1963 merger with Malaysia à 1969 Supreme Court of Judicature Act re-established
t of courts SG Courts
Year Event Laws in force
Pre East India EIC granted charters which empowered them to make laws for its
1819 Company servants, and punish officers according to customs of the realm.
Regulating Act of 1773 empowered EIC with powers of legislation.
Supreme Court of Judicature had jurisdiction that extended to all British
Subjects under protection of EIC
1784 Pitt’s Act of Act provided for Board of Control, and a joint government of British
India India by the EIC and the Crown, with govt. holding ultimate authority.
Board of controllers set up for political activities
Court of directors set up for financial activities
1819 Treaty signed Formulated code of law to be administered in Singapore (illegal because
between Singapore had not yet been ceded to British)
Sultan of
Johore and Farquhar (Resident of Singapore) vested with authority of chief
Raffles to build magistrate. He co-opted 2 Malay chiefs to establish a system for
EIC factory on administering justice, and his decisions as Resident were Final.
Singapore
1823 Raffles Raffles Regulations:
Regulations (1) setting up of Registry of Land and no transfer would be recognised
as valid until registered,
(2) conduct of affairs of Port of Singapore,
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(3) setting up of Magistracy and for legal administration —>

appointment of 12 magistrates from among principal British merchants
to try minor civil and criminal cases,
(4) setting up of Resident’s Court and Magistrates’ Court
(5) Native chiefs permitted to settle disputes amongst own people,
subject to control of Magistracy
*Judicial powers of Calcutta extended to factory in SG. Raffles

Regulation was only judicial regulation in SG until 1826
1823 Crawfurd’s Raffles Magistracy abolished, replacing it with Court of Requests and
administration. Resident’s court.
Crawfurd decided on cases based on the ‘general principles of English
law’, taking into account the ‘character and manners of the different
classes’ of local inhabitants.
1824 Anglo Dutch SG ceded to British, transferred to EIC.
Treaty Subject to jurisdiction of Supreme Court of Judicature in Calcutta (seat
of the British government in India that made laws for Singapore)
Westminster could legislate for Singapore.
1826 Second Charter Established Court of Judicature for Straits Settlements based in Penang
of Justice (under jurisdiction and Authority of King’s Bench)
English law to be applied was the law of England, and modified in

application according to circumstances of place.
Legislations existing in 1826 England also transferred to Singapore. Not

all statutes applied, only those of general application and which could
be applied to local standards (e.g. fraud). But it was impossible to say
which acts were imported. No English statute passed after 1826 became
part of Singapore, except for “mercantile law” (as provided under S5 of
Civil Law Act, repealed in 1993)
Suitability: if English statute/case found to be unsuitable to local

circumstances, would not be received as part of Singapore law.
Modification: if English statute/case causes injustice, then could be
modified
Criminal : Court was to "to administer criminal justice in such manner

and form" as the courts in England, with "due attention being (given) to
the several Religions, Manners and Usages of the native Inhabitants".
Civil: “Give and pass Judgment and Sentence according to Justice and
Right”
Constitution: Past laws would continue in force, subject to modifications

to suit local needs
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Governor, Resident Councillor were lay judges. Recorder (based in

Penang) was a legally trained judge.
Powers to make law vested with Supreme Government in India, and
British Parliament.
1833 Charter Act of Constituted a local government for whole of India. Governor General
1833 empowered to legislate for Straits Settlements, only source of
legislative power in Singapore
1855 Third Charter There were now 2 recorders for SG + Malaya and Penang. They were
of Justice under the jurisdiction of Resident Controller.
EIC abolished, Crown took over direct administration of territories.

1867- Detachment of 1867: Legislative council established in SG
1942 Straits - fully nominated and non-elected body
Settlements - Consisted of the Governor, chief justice, officer commanding
from India, the troops, colonial secretary, colonial engineer, attorney
forming its general and 4 unofficial Europeans
own crown
colony. 1877: Executive council established in SG
- formed to advise governor on the performance of his functions.
1968: Supreme Court of SS established, replacing Court of Judicature of

SS.
Governor and Resident Councillors ceased to be judges.
1873: COA set up

Further changes to Court Structure. Jurisdiction of Supreme Court
similar to English High Court, and included general, original and
appellate civil/criminal jurisdiction.
1931: Separate Court of Criminal Appeal established
1942- Japanese Shounan court

1945 Occupation Military Court of Justice Established. All former British laws applicable.
1945- Liberation of All laws prior to surrender restored. Singapore vested with own
1959 Straits constitution. Judicial structure not changed.
Settlements 1946: Colony of Straits Settlements dissolved, split into Federation of
Malaya and Crown Colony of Singapore
1953: Rendel Comission undertook ‘comprehensive review of
constitution of Colony of Singapore’. Legislative Council transformed
into elected assembly of 32 members (led by David Marshall)
1959- Limited self Singapore have own special citizenship and complete control over trade
1963 government and commerce but with a 7-member Internal Security Council - State of
Singapore Act converted colony into self-governing state
Throughout this period: Basic structure of judiciary remained little
changed.
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1963- Merger Malaysia Act 1963: High Court of Singapore subsumed under Federal
1965 Courts
Singapore retained its own executive government and legislative
assembly.
Post All legislative and executive powers transferred to SG government
1965 SGHC continued to exist in law as part of Federal Court Structure.
1969: Supreme Court of Judicature Act established Supreme Court (HC
+ COA + CCA). No more appeals to Federal Court
Jury Trials abolished.
1993: AELA
1) It lists specific UK statutes that were incorporated in SG Law (1st
Schedule of AELA). These statutes have been modified and renacted as
SG statutes. Ministers may amend English Statutes to suit SG conditions
(Section 8))
2) Repealed Section 5 of the Civil Law Act.
3) Section 3 (1): Common law of England is applicable in SG, as long as
it was part of the law of SG immediately before 12 Nov 1993.
Section 3 (2): Common law and equity will continue to be in force, as
long as it is applicable to Singapore’s circumstances. Judges can modify
this.
1994: COA declared that they are no longer bound by Privy Council, or
its own past decisions.
R v Willian Sir Benson Maxwell held that the Second Charter（20 March 1827 arrived in SG; dated 27 Nov 1826
(1858) necessitated the practice of English Law into the Straits Settlements subject to suitability and
modification (to suit local circumstances).
He interpreted the phrase ‘give and pass judgment and Sentence according to Justice and Right’ as
having introduced SG law into the Straits Settlements.
Summary
Kevin Tan ‘Singapore’s Statist Legal Laboratory’ : Growing affluence and confidence over past 40 years has meant
that SG Judges are more willing to depart from English/other Commonwealth positions to adapt the common law
to Singapore’s unique circumstances.
No. Quick Facts

1 In 1823, Raffles returned to Singapore and promulgated Raffles Regulations
- A series of laws and regulations on trade, jurisdiction and other issues
- Attempted to create a modus vivendi (ideal balance) between English law and local customary
traditions (on property rights, marriage and other Asian society norms)
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- “Let the principles of British law be applied, not only with mildness and a patriarchal kindness and
indulgent consideration for the prejudices of each tribe, as far as substantial justice would allow,
but also with reference to their reasoning powers … and moral principles which … still exist in the
conscience of men.”
However, it left open a question till today. Do Islamic practices prevail over English Law?
2 Second Charter of Justice, dated 27 Nov 1826, arrive in SG on 20 Mar 1827.
- Applied to the Straits Settlements, comprised of Penang, Malacca and Singapore
- Established Court of Judicature in the Capital of Straits government, Penang
- Same jurisdiction as High Court and Court of Chancery in UK
The Second Charter enjoined the court to give and pass judgment and sentence according to justice and
right.
- The words “justice and right” were interpreted by the Recorder, Sir Peter Benson Maxwell, in the
famous 1858 case Regina v Willams, as an instruction to apply English common law.
- The whole of English common law was thus exported to the Straits Settlements through the
second charter, making it Singapore’s legal birth certificate
3 Sequence of Events prior to WWII
- In 1858, Straits Settlements became a Crown Colony, with its own legislature.
- Legislative Council – a fully nominated and non-elected body established 1April 1867
- Government remained largely intact till Japanese Occupation
4 WWII
- Courts remained largely intact during Japanese Occupation
- Syonan Supreme Court put in place
- But civil courts were quickly reopened and former magistrates and judges returned to work,
administering English law under Japanese domination
5 Post-WWII
- Straits Settlements disbanded à Singapore administered as separate colony
- After WWII, there was a rising tide of nationalism (especially due to disappointment in UK after
WWII) and UK was economically weak due to WWII.
- Under Rendel commission of 1954, they considered constitutional reforms for SG to prepare for
eventual self-governance
- Legislative Assembly replaced Legislative Council. (25 Elected Members, 4 Nominated Members, 3
Officials – Attorney General, Colonial Secretary and Financial Secretary)
6 Elections
- 1955 Election for the Assembly – Labour Front won most seats. David Marshall the first chief
minister. Resigned after 14 months as he failed to deliver on the promise to secure indepnedece
for SG.
- 1959 GE – PAP wins by landslide victory and LKY becomes Singapore’s first PM.
7 Independence
- During Independence from Malaysia, SG chose to retain the 1963 state constitution, augmented
with key provisions (mostly pertaining to fundamental liberties and freedoms) by importing them
from the Federation of Malaysia’s constitution into Singapore through the Republic of Singapore
Independence Act
- Practical working constitution already in place, based on Westminster system in London
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8 Executive Branch
- Most prominent branch of any government
o Manages the day-to-day running of the country
o Administers and Enforces the Law
- In Singapore government, there is the President + PM + Cabinet
9 Unique Features of SG’s Cabinet:
- Existence of Minister without Portfolio (NCMP, NMP)
- Presence of Senior Minister and Minister Mentor
10 Westminster Model of Governance
- Members of the Executive Branch are drawn from the legislature
o Eg. You cannot become Singapore’s PM or cabinet members unless you were first an
elected Member of Parliament (Legislative System)
- This is distinct from the presidential system of governance in the US, in which there is a clear
distinction between the Legislature and the Executive
11 Prime Minister
- Most important member + Head of Executive Branch in this system
- PM is usually the leader of party forming the majority in the parliament
12 President
- Being Head of State, the President only plays a ceremonial and limited role.
- Office of President is decided by Popular Election
- President is assisted by his Presidential Advisors
- Justiciability of President’s discretion – Held in Yong Vui Kong v AG [2011]
Traditional Discretionary Powers

1) President has discretionary power to appoint the PM- never happened PAP has always secured the
majority vote
2) President can declare office of PM vacant in two instances – never happened before
a. If PM resigns from his office
b. Where President, acting in his discretion, is satisfied that the PM has lost confidence of the
majority of the MPs
3) Power to withhold assent to dissolve Parliament, on advice of PM or if office of PM is vacant
Extended Powers in 1991

1) Right to refuse assent to any bill that would draw down on Singapore’s past financial reserves,
reserved accumulated from the previous presidential term of office;
2) Refuse assent to any key civil service appointment listed in the Constitution;
3) To withhold concurrence for the continued detention of persons under Singapore’s detention
laws (e.g. Internal Security Act); and
4) Issue of prohibition orders (prohibit individuals to take part in activity) under Maintenance of
Religious Harmony Act
Reasons for Extended Powers

1) Government felt that it was important to have an effective check. Therefore, President’s increased
role as Guardian of National Reserves
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a. Concerns that there was nothing to safeguard Singapore’s substantial financial reserves
from a profligate or populist government. (overly-strong government due to dominance of
PAP)
2) President’s role extended to secure integrity of Civil Service
3) There had just been a Marxist conspiracy and Government wanted to effectively exclude the
courts from dealing with ISA. However, presidential discretion here is subject to advice from
Cabinet.
4) Wanted a check for Maintenance of Religious Harmony Act, but wanted to exclude the courts as
well
Other Changes in 1991

- President state reasons for spending reserves.
- Transfer of surpluses between stat boards does not require Presidential assent.
- Special Tribunal established under Article 100 consisting no fewer than 3 judges of the Supreme
Court. President may refer any question regarding the Constitution to this tribunal.
- Reduction of veto powers: Under Article 151A, the President no longer has a veto on any defence
and security measure. Time limit on veto instituted of 30 days after a bill has been presented to
him for assent.
However,
- There is a countervailing measure which Parliament can veto the Presidential dissent – 2/3
Parliament Majority
o If President decided to say no to a supply bill which drew down on past reserve, the
parliament can still pass the bill as long as it was backed by 2/3 of the MPs.
Qualifications for Presidential Election

- Singapore citizen of at least 45 years of age
- Resident in Singapore for not less than 10 years
- Must have previously held a high office in a number of posts listed under articles 19(ii)(g) of the
constitution or CEO of a company with capital of at least SGD 100 million
- Also had to satisfy the committee that he/she was a person of integrity, good character and
reputation
Presidential Election
- Held within 6 months after the office of the President becomes vacant, not more than 3 months
before the expiry of the incumbent’s term.
Features of Office
- Term of Office is 6 years
- Immunity: The president is immune from any court proceedings for anything he does or omits
while acting in his official capacity.
- Entrenchment of Presidency in the Constitution: Constitution regarding Presidency can only be
changed with two-thirds majority of a national referendum
- Removal of President
o Either by infirmity or misbehaviour
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o Motion alleging President’s unsuitability must be adopted by at least half the MPs.
o Then, a tribunal must be appointed by the CJ consisting no fewer than 5 judges of the
Supreme Court.
o If the tribunal issues an unfavourable report (for the president), Parliament requires a
three-quarters majority to remove the President from office.
Presidential Election 2017

- Constitutional changes in 2016: Reserved election for a community if it is not represented for 5
terms (30yrs). A community is defined as “the Chinese community; the Malay community; or the
Indian or other minority communities”
- Private candidates required to be managing a company with shareholder equity of SGD 500
million, rather than 100 million as previously required.
- Subsequent 2017 election held as a reserved election for Malay candidates – only Halimah Yaacob
was eligible and she won.
13 Ministers
1) Under Constitution, there is no stipulation as to how many ministries the government can
establish/number of ministers which can be appointed
2) Ministers are charged with the running of various departments or ministries. They may be moved
around to the discretion of PM, and PM can reserve any portfolio for himself
a. There is no restriction on PM holding multiple offices
3) Cabinet Ministers assisted by Minister of States (2nd rank), who are assisted by Permanent
Secretaries (3rd rank)
4) Ministers also have oversight over the various statutory boards which come under the purview of
their respective ministries
a. Statutory Boards not staffed by civil servants. Not constrained by civl service rules
b. are managed by Board of Directors which have greater independence and flexibility in
their operations (Eg. HDB, CPF)
14 Attorney-General Chambers (AGC)
- Constitutional Office with Executive Functions

- Appointed by President and can only be removed by President on the PM’s advice if he is by
reason of infirmity unable to continue as AG or for misbehavior.
- AGC in Singapore similar to AGC in UK
o However, UK’s AG is a politician, while SG’s AG is appointed by the President
- Dual Role
1) Singapore’s Chief Legal Advisor (AG advises government on the law – government decides course
of action)
a. Functions as the Government’s Lawyer
i. International Affairs Division
ii. Civil Division
iii. Legislation Division
2) Public Prosecutor (AG decides the course of action independently from government)
a. Acts as the Public Prosecutor, which is independent of the government.
i. Prosecutions Division
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b. It should be ensured that government does not influence prosecutions

c. Free of political interference. Prosecution function of the AG is free from politics.
d. Does not take instructions from the government
- Controversies on the Dual Role

o Walter Woon opines that it is an unsatisfactory situation
o It would be better to split the two roles.
o An alternative could be to allow the Minister of Law to become the government’s legal
advisor and allow the AGC to become the prosecutor solely
15 Singapore Police Force (SPF)
- Chief Law-Enforcement agency in Singapore
- SPF is charged with the functions of:
o Maintaining law and order
o Preserving public peace,
o Preventing and detecting crimes,
o Apprehending offenders and
o Such other functions as may be conferred by written law
16 Conclusion:
- Executive executes or enforces the law, through the various government ministries, departments
and statutory boards which come within its purview
- It has a great deal of latitude and discretionary powers
- But it cannot act beyond its legal power:
o Chng Suan Tze v Minister for Home Affairs and others and other appeals [1988] SGCA 16:
“All power has legal limits and the rule of law demands that the courts should be able to
examine the exercise of discretionary power. If therefore the executive in exercising its
discretion under an Act of parliament has exceeded the four corners within which
Parliament has decided it can exercise its discretion, such an exercise of discretion would
be ultra vires the Act and a court of law must be able to hold it to be so.”
Analysis of Executive Branch:

- In Westminster system, the legislative and executive branches of government is blurred. In SG this
is exacerbated by the dominance of PAP. Hence, the executive branch is not really answerable to
the legislative branch.
Topic 3: Legislative Branch

Tutorial Questions:
1. What role does a ‘political party’ play in representative democracy?
i. Diversity of political parties help to hold each other accountable too.
ii. Democracy – Demonstrates “people” and “power”.
iii. Makes political participation accessible to the average citizen.
iv. Administratively – streamlines a more coherent party ideology and principles.
2. What makes Singapore’s legislative branch so unique?
i. Presence of NCMP and NMP schemes (PAP’s attempt to secure continued dominance in Parliament)
1. NCMP scheme in 1984 which allowed 3 best losers to be appointed to the House.
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2. NMP scheme was an effort to introduce alternative, independent and expert views that
were not influenced by partisan politics.
ii. Presence of the GRC system
1. Need to secure minority representation (Multi-Racialism) in the Parliament
3. What role does parliamentary debate play in promoting democracy? Do you think NMPs and NCMPs have
sufficient legitimate standing to play this role?
i. To provide alternative and additional viewpoints. They make it more of a debate, instead of an
“empty debating chamber”
ii. NMPs and NCMPs raise the tenor of debate in the Parliament. However, they have limited influence,
being without the ability to vote on certain (important) bills.
4. What roles do the legislature and the executive respectively play in the making of law?
i. Majority of bills are initiated by the Executive – these are government bills.
1. Private members’ bills are extremely rare – last example was when NMP Walter Woon
proposed the Maintenance of Parents Bill in 1994.
ii. Life of government bills begins as executive policies.
iii. Drafting is done by the Legislation and Law Reform Division of the AGC after which the Permanent
Secretary for the Ministry of Law vets it and submits it to the Cabinet.
iv. Legislative Branch is the lawmaker that debates the laws before they can be passed.
v. After it is passed, Parliament delegates legislative power back to the executive branch. Executive has
the power to make subsidiary legislation.
No. Quick Facts

1 History of Parliament
Various stages of history

1. In the first years of colonial rule, we had NO legislative body, so laws were made by the governor
general in council in Calcutta.
2. After we were transferred to the colonial office of London, a legislative council was created.
a. Members were appointed by governor general at his discretion
b. British governors did try to be inclusive, by bringing in council representatives from different
ethnic groups and minorities
c. First Asian member: Whompoa Hoo Ah Kay (just remember: Whompoa Market)
d. Later on, there was an election for 6 seats in the legislative council, the rest continued to be
filled by nomination.
3. Following the Rendel Commission Report, the legislative assembly had 25 elected seats, but
because Singapore was still a colony, the government still had power to nominate certain members
to that assembly.
4. After independence, it was renamed as today’s “Parliament”.
2 Parliament today
• Unicameral (i.e. single chamber), vs UK’s upper house and lower house
o Decided by Rendel Commission and Wee Chong Jin Commission
• Reasons:
o Island too small
o Presence of separate chambers would be divisive – it would perpetuate racial and other
differences because it involves defining the various minority groups and setting up separate
electoral rolls
• First past the post system: candidate with most votes wins (commonsense, just know the vocab)
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3 Unique elements of SG’s Parliament

NCMPs – Non-constituency Members of Parliament (12 SEATS)
• Plain meaning: they do not represent any constituency, but rather were picked from the top losers
in the election
• Must be from parties where members do not form members of the government (i.e. not the PM,
President, or Cabinet Minister) isn’t that every opposition party??
• First NCMP: Dr Lee Siew Chou (How to remember – Dr Lee 小丑: a clown for taking on this
embarrassing role)
• Maximum no. increased from 3 à 6 à 9
• Rationales
o Nice-sounding: Ensure that there are opposition party candidates in Parliament, since a
democracy should have opposing voices debating
o Bad-sounding: To stem people’s desires to vote for the Opposition parties, because they
could still get opposition voices while PAP did not lose any of its seats
• What NCMPs can do:
o Participate in all debates
• What NCMPs cannot do:* changed by 2016 amendment (they can vote on these now- refer topic 2)
o In the past they could not: Vote on constitutional amendments, supply bills and motions of
confidence on the government (very like serious, nationalistic things)
o Do not get support from Parliament to engage assistance to help them in their work
NMPs – Nominated Members of Parliament (9 SEATS)

• Key feature: Non-partisan, vs NCMPs who are still party politicians (partisan)
• 2 year term
• Rationale:
o Raise more local issues, on a national level (i.e. more intangible principles, layman concerns)
o Bring non-partisan views to debates
o Because they are independent, their views could not be quashed on the basis of politics,
but the minister proposing the bill had to actually prove that he knew what he was doing by
addressing the questions of NMPs
• Over the years, it has morphed from a more individualistic scheme to when the deputy PM said they
were going canvas NMPs from various sectors (e.g. Arts, business, union NMPs)
o Problem: if they are supposed to be independent, how can they represent what the group
says and how does they find out what the group says, since they have not been elected by
that group
• What NMPs can do:
o Participate in all debates
• What NMPs cannot do:
o Vote on constitutional amendments, supply bills and motions of confidence on the
government (very like serious, nationalistic things)
o Do not get support from Parliament to engage assistance to help them in their work
GRCs
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• Rationale: Feared voters may vote along racial lines, and as a result, SG might end up with an all-
Chinese Parliament
• Solution: Have candidates elected as a team (used to be 3, now up to 6), where there has to be at
least one minority race
• Criticisms:
o Constant enlargement of GRCs and shifting of political boundaries made it very difficult for
opposition parties to get a foothold
o Especially because the drawing of constituency boundaries is left to the Electoral
Boundaries Commission, which reports directly to the PM’s office
4 Election process
• No limit to the number of constituencies in Singapore
• Constitutional boundaries are redrawn before every GE by the Electoral Boundary Review
Committee
• Term of each parliament: 5 years
• Who can vote:
o SG citizen
o At least 21 years old
o Name in voting register (i.e. electoral rolls)
• Voting is COMPULSORY
• Who can contest:
o SG citizen
o Resident of SG at the time of nomination
o Of sound mind and able to actively take part in debate in Parliament
5 Law-making process
• Under Article 58 of the Constitution, power of the legislature to make laws shall be exercised by
bills passed by parliament, and assented to by the President.
• Westminster style constitution: legislative initiative tends to lie in the executive branch of the
government
Who can introduce a bill?

• Any member of parliament (including NMPs and NCMPs – not sure because I googled but cannot
find, but Walter Woon introduced the Maintenance of Parents Bill and he was an NMP.)
• Two types of bills:
o Private Member’s Bill (requires notice to the House of at least 4 clear days) – bills
introduced by MP’s who are not ministers (ie NCMP, NMP)
o Government Bill (requires notice of at least 2 clear days) – bills introduced by MP’s
• However, some bills (tax collection, government’s financial obligations, etc.) may first have to be
recommended by the president and signified to by the minister before they can be introduced.
• When an emergency is declared + parliament is not sitting, the president may legislate (but he has
to summon Parliament ASAP)
Stage 1: Draft the bill

1. A ministry obtains approval from cabinet for the proposed bill.
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2. Permanent secretary of the ministry initiating the bill prepares a draft bill or a detailed statement of
the bill’s proposed content and refer it to the AGC.
3. After the bill is vetted by the AGC, a copy is sent to the permanent secretary of MinLaw for
approval.
4. Precedence will first be taken from Singapore. But if it’s the area is unclear, new AGC will look at UK,
Australia, New Zealand statues if the area is unclear
5. Submission to the cabinet.
Stage 2: Debate the bill

1. First reading
• Long title read, date set for second reading
• Certificate of urgency (signed by President): A bill may be read three times and passed
within a single day
• Bill will be published in gazette, printed, and circulated among members at least 7 days
before the second reading
2. Second reading
• Minister moving the bill will explain the objectives of the bill
• MPs debate the bill
3. Bill will be committed to a Committee of the Whole Parliament, unless Parliament commits it to a
Select Committee (consist of people not only from parliament)
• The Committee can only debate the details of the bill, NOT the underlying principles, and
amend it as they deem fit. But cannot reject the bill outright.
• Report stage: Then, a report will be made to the House, and if the House accepts the
amended bill, a motion may be moved for the Third Reading to commence.
4. Third Reading
• Amendments to correct errors/oversight may be made with Speaker’s permission, but
cannot amend the material character of the bill
• Debate allowed, but limited
• Bill put to a vote, and if accepted, will be passed by Parliament
5. Presidential Council for Minority Rights
• Consider the bill and make a report to the speaker within 30 days (may be extended if it is a
difficult issue)
• Chairman (3 year term), 10 permanent members, 10 other members (3 year term)
• If no report is made within the time limit, it is assumed that no provision within the bill
contains a “differentiating measure”
• May not consider 3 types of bills:
o Money or supply bills
o Bills on a certificate of urgency
o Bills that affect defence, security, public safety, peace or good order in SG
• Findings can be ignored
o If council issues an adverse report, Parliament can either
§ Amend the bill and resubmit it to the council, OR
§ Submit to president for assent IN SPITE OF THE ADVERSE REPORT
6. President’s assent
• Can refuse to give assent to bills that draw down on SG’s reserves
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• However, veto can also be ignored if 2/3 of MPs vote to veto the veto
• When an emergency is declared,
o Can bypass presidential assent in making laws
o Such laws are valid even if they are inconsistent with any provision of the
Constitution (except for some provisions)
7. Publish in the government gazette
• An Act comes into force only at the date of its publication in the government gazette
• But NOTE: publication date and commencement date are different
o May be published but not enforced because of a clause providing for the date of
commencement to be decided on by the minister in charge of that legislation. Will
depend on when the drafting of the necessary subsidiary legislation is finished.
8. Subsidiary legislation
• Done by Executive
• Acts contain provisions empowering minister in charge to promulgate necessary subsidiary
legislation
• Within 14 days of publication, the Minister in charge has to come up with the subsidiary
legislation and submit it to the PCMR, and once again, it has 30 days to report if it contains
differentiating measures
o If there are differentiating measures, the offending provision can be revoked or
amended within 6 months, OR
o Once again, Parliament can ignore the findings by voting on a 2/3 majority to
confirm the provision
• Two key requirements to note:
o Subject to scrutiny of PCMR and must be published in the gazette
o Must be within the powers of the primary enabling statute
Topic 4: Sources of Law

Tutorial Questions:
1. What is the ‘common law’? How is it different from ‘equity’?
2. How was the common law received into Singapore?
3. What operative words in the Second Charter of Justice help explain how English law is to be applied in the
Straits Settlements?
4. Read the excerpts from Regina v Willans carefully and answer the following questions.
1. How did Maxwell R decide that the UK Master and Servant Act of 1823 applied to Penang?
2. Track the logical flow of his arguments and explain how he arrived at his conclusion.
No. Quick Facts

1 Summary of Andrew Phang’s “The Reception of English Law”
(a) The 1858 case of Regina v Willans held that the 1826 Charter of Justice introduced English Law into
Singapore with the phrase “Justice and Right”
(b) Cut-Off Date
a. For Statutes, No English Statute passed after 1826 became part of the Singapore Law
automatically
b. For Common Law,
30
i. No English Common Law principles applied in UK Courts become part of the

Singapore Common Law automatically.
ii. However, Common Law is timeless and its principles are waiting to be discovered.
Any Common Law principles accepted in the UK can be accepted in the Singapore
courts in due time.
(c) Twin Concepts of Suitability and Modification:
a. Unsuitable English Statutes were not incorporated into Singapore Law
b. English Law was modified to accommodate certain Local Laws and/or customs
(d) Third Charter of Justice 1855
a. Only effect was to re-organize court structure, no substantive laws were received.
(e) Section 5 of Civil Law Act 1878
a. It indicated that any English Law concerning mercantile law was to be adopted in SG. This
caused much uncertainty, until 1993 AELA.
(f) 1993 AELA
a. General reception of Common Law and Equity
b. General reception of Statutes
c. Concerning Section 5 of Civil Law Act
i. Replaced the wide acceptance of any English Law concerning mercantile law with a
definitive listing of 13 English commercial statutes to be part of SG law
ii. Law Minister can modify or substitute the provisions if necessary
(g) Future Autochthony (Local Influence) of SG Law
a. SG has to develop our own rules of procedure, suited to our own urban, multiracial, multi-
linguistic and Asian society.
b. Yong Pung How CJ – our approaches to the law must reflect our own Asian values
c. However, SG does not need to throw out English Law. In fact, retaining much of English
Law is beneficial to SG (eg. In commercial context)
2 British Arrival in Singapore
• The British treated Singapore as an island that was uninhabited and implemented their own
systems here.
• Raffles promulgated a set of regulations to administer law and order in Singapore
• Magistrates were to follow the course of the British Magistracy, as far as local circumstances
permit.
• This was done so, due to an absence of any other law on the island
3 Second Charter of Justice (1826) established a Court of Judicature that was given:
(a) “jurisdiction and authority as our Court of King’s Bench and our Justices”
(b) Court was to “have and exercise jurisdiction as an ecclesiastical (Christian) court, so far as the
several religions, manner and customs of the inhabitants… will admit”
(c) In civil cases, the Court was enjoined to “give and pass judgement and sentence according to
justice and right”
(d) In criminal matters, the Court was to “administer criminal justice in such or the like manner and
form … as our courts … in England.”
4 Introduction of English Common Law into Singapore
The Charter does not expressly state that English Law applies to the Settlement, but it was clear from the
wording of the charter that English Law was to be applied in the Settlement. It also made sense for the judges
from England to apply the law they were most familiar with and had been trained in à English Common
Law.
Proof:
(a) In 1834, the Recorder, Sir Benjamin Malkin, held that he was bound by the uniform course of
authority to hold that the introduction of the King’s Charter into the Straits Settlements
automatically introduced the existing law of England.
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(b) This was confirmed in the landmark decision of Regina v Willans, a 1858 case from Penang. In this
case, Sir Peter Benson Maxwell held that the Second Charter of Justice had introduced the law of
England as the law stood as of 1826. After it had been imported into Singapore, it was subject to
necessary modifications to suit the circumstances of Singapore’s culture, customs and manners.
a. The words used in Regina v Willans were “to give and pass judgment and sentence
according to justice and right” à an instruction implying the application of English
Common Law.
(c) This was further endorsed in the Privy Council case in Penhas v Tan Soo Eng [1953]. The court had
to determine whether a marriage between a Chinese and Jewish was valid. Privy Council held that
there was a valid common law marriage, which would only be possible if common law had been
enforced in SG.
5 Reception of pre-1826 Legislation
• All statutes enforced in England as of 26th Nov 1826 were potentially enforced in Singapore.
• However, only statutes of general application and statutes that were suited to the condition of
Singapore was introduced. (Suitability)
o Statutes that were purely local and pertaining to UK would not become part of SG law.
o Yeap Cheah Neo v Ong Cheng Neo [1875]: Held that statutes relating to local conditions of
England do not become part of the “particular colony’s” law
• There was however no exhaustive listing of statutes imported into Singapore. Difficult to
determine which laws imported by the 2nd charter were applicable/ not applicable. This was largely
resolved with the enactment of the Application of English Law Act 1993.
6 Common Law in Singapore (Modification)

While the 2nd Charter of Justice brought the English Common Law into Singapore, its use was subject to
modifications to suit the customs, manners, usages and religions of the various races in SG.
• Eg. Common Law rule of marriage = 1 man + 1 woman, was expanded to recognise polygamous
marriages of Chinese and Muslims in SG.
• The relaxation of the law gradually took place
o Relief was given in certain areas, while in other areas, the judges refused to accede to
prejudices of local Singaporeans.
o In Commercial and Land Law, no concessions were given to local customs.
• The realm of personal laws were modified, creating an indigenous straits law system which
purportedly gave effect to native custom
• For Criminal Law, modifications based on local customs and religion only took place in the first 50
years. After the Penal Code was introduced in 1872, no more modifications were made for
Criminal Law. Penal Code put an end to the need for modifications.
Cut-Off Dates
However, post-1826 developments in the common law in England do not automatically apply to Singapore,
unless Singapore accepts those areas of law into Singapore’s courts.
7 Implementation of UK Law into Singapore
Being a part of the British Empire, the imperial parliament at Westminster legislated for Singapore from 1824
to 1963. Examples of such imperial statutes that still exist:
• Article 162 of Constitution: Ensures that all existing laws shall continue in force after
independence.
• Fugitives Offender Act in 1881, Maritime Conventions Act 1911, Copyright Act 1911, Carriage by
Air Act 1932, etc.
8 Application of English Law Act (AELA) 1993
32
With the enactment of the AELA 1993, it removed all uncertainty on the application of English civil law in
Singapore.
The AELA 1993 Section 3 preserves the common law rules and equity rules in Singapore.
• It further provides that the common law shall continue in force in Singapore so as it is applicable to
the circumstances of Singapore and its inhabitants.
• The First Schedule lists the specific English statutes that were incorporated as part of Singapore
Law.
Importance of AELA 1993

• Singapore’s Legal System has always been seen as an offshoot of English Law. As late as the 1980s,
there was very little local law and judgements tended to be very short and not well-reasoned.
• The Civil Law Act Section 5 continued to receive English Commercial Law on the principle that our
system should be completely aligned with the English system on commercial matters
o With the UK joining the EU, things became complicated because the English Commercial
Law included EU legislation.
o Therefore, uncertainty arose in terms of which statutes even applied
• Commercial Practitioners and Partners was unclear on this and the enactment of the AELA 1993
ensured that there was greater clarity on this issue.
o AELA 1993 detailed the 13 specific statutes that would remain applicable in Singapore.
9 Explanation of R v Willans
How did he decide that the UK Market and Servant Act of 1823 applied to Penang?
• After Penang became a “British possession”, without there being any existing laws or tribunals, it
would be difficult to assert that the “law of Quedah” continued to be the territorial law
• The Mahometan Law can only be administered by Mahometan Judges/arbitrators, upon testimony
of Mahometan witnesses. Christian country should not tolerate such a system.
Argument:
• General rule of law determining what law to use
o If it is (1) an uninhabited land found by British subjects, the Law of England becomes the
law of the land. If it is (2) an inhabited country obtained by conquest or cession, the law in
existence continues in force until changed by the new Sovereign.
• Penang fell under neither branches. However, there was no body of known laws recognised in
Penang. The law of England was also hardly recognised as the personal law of its English
inhabitants.
• Conclusion: No English Law prior to the 2nd Charter of Justice
• Positive Evidence found in “justice and right” and how it was interpreted to reflect the Magna
Charta. The whole of the Charter reflects this view.
• Since the law introduced by the second Charter was the law of England in Malacca, it should be the
same law in Penang.
• Additionally, this criminal case was not unfamiliar to the British. This was a criminal case under the
Masters and Servants Act. Therefore, it would fit within the statute and the remedy would be
applicable as well.
10 Common Law Definition – 3 possible meanings:

(a) Type of system which exists within a particular state
a. Common law legal tradition – one of two most important legal traditions in the world
b. Common law VS Civil law
(b) Describes THAT body of law within the common law legal system which is non-statutory in nature
a. E.g. Contract and tort are common law subjects, whereas criminal law is not, as it is
statutorily governed by the Penal Code
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(c) Used in contrast with the term Equity

a. Specific rules of law which were originally developed in the common law courts in England,
such as the King’s Bench division or the Queen’s Bench division or the Court of common
deeds and as we shall see later on, common law rules are sometimes overly harsh and
denied legitimate claims just remedies.
b. And because of this, the courts of chancery stepped in to give equitable remedies. So, if in
a particular case, damages in contract, for example, may prove inadequate as a remedy
and equitable remedies such as specific performance may be ordered.
11 Development of Common Law in UK

• King Henry II tried to improve legal system by sending judges around various towns to deal with
crimes and civil disputes. Eventually, they discussed and developed a common set of rules and
principles and applied this uniformly across the land.
• 3 distinct Common Law Courts emerged:
o Court of Common Pleas (Civil Disputes)
o Court of King/Queen’s Bench (Matters involving the Monarch)
o Exchequer (Tax Disputes)
12 History of Commencing an action in Common Law in UK
• Under the Common Law system, anyone who wants to sue must purchase a document known as
the Writ
o Writ contains
§ Particulars of Action
§ Legal Basis of the suit
• Administrative Department responsible for issuing all writs
o However, clerks became corrupt. Abuse of power/Indiscriminate Issuing of Writs
o This was responded with strict rules where no new writ would be issued without express
sanction of King’s council.
• By 1852, this was abolished and there was no longer the need to state the form of actions on writs
that were filed. With this, large number of plaintiffs could not find a remedy.
o Citizens petitioned to King directly for “Royal Intervention”
o King heard cases personally but delegated to the Chancery as well.
o Chancery was slowly developed into a judicial body, called the “Court of Chancery”, where
a high ranking religious officer(or cleric priest) established the truth of the matter and to
impose a just solution.
13 Courts of Equity
Equity is derived from the Latin word “equitas” meaning justice.
• Decisions were thus made on the basis of equity, founded on the twin concepts of justice and
fairness
• Over time, the rules of equity became increasingly certain and consistent
• Eventually developed into law
• Chancery acted on the authority of the King to summon parties to an interrogation, failure to
attend of which could result in imprisonment or confiscation of property
Equity produced 3 main changes:

a) Recognized new rights and protected new rights for which the common law gave no safeguards
b) Established more effective system for dispute resolution
c) Provided better and more flexible remedies (E.g. Injunctions, specific performance) [Under
common law, only damages would be allowed]
14 Common Law and Equity
Problem 1: Conflicts arose between Courts of Equity and Common Law

• Equity Courts tend to conflict with the decisions of Common Law Courts
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• King, taking the advice of the AG ruled that where the rules of common law conflicted with those
of equity, equity must prevail
Problem 2: Chancellors were originally not trained in law

• It was often that fairness or equity varied with the length of the “chancellor’s foot”
• This was solved by appointing Chancellors who were trained in the Common Law. After that, Equity
became a consistent body of law which was at least as technical as the Common Law
Merger of Two Courts:

• Separation between the two courts was removed with the passage of the English Judicature Act of
1873-1875
o 2 courts fused into 1
o Parties could choose which court and thereby saved both time and money
15 Summary of Common Law + Equity
• Second Charter of Justice gave to the court of judicature in Singapore, the same jurisdiction and
authority as the Court of the King’s Bench, Common Pleas, the Exchequer and the Chancery.
o In the exercise of its civil jurisdiction, the court of judicature was adjoined to “give and
pass judgment statement and sentence according to justice and right”
• With the grant of the Second Charter of Justice, modifications have been introduced to the
Common Law
o There is flexibility in the Common Law because rules are founded on principles, not rigid
terms.
o These principles change with circumstances to ensure that rules remain relevant.
• This phrase “justice and right” was interpreted to import into the Straits Settlements, the entirety
of the English Common Law including the rules of equity but only as it stood in 1826
o Court actually exercised both Equity and Common Law in a seamless manner (maybe
because the jurisdiction was so small)
• Fusion was formally adopted by the Straits Settlements Civil Law Ordinance of 1878
o Retained under the present Civil Law Act
• As such, Singapore courts practice both common law and equity applying the most appropriate
situation to each case
o Same court and judge would apply both principles in the same rule
o If these rules should conflict, equity will prevail
Topic 5: Judiciary Branch (The Courts and Adjudication)

Tutorial Questions:
1. What do you understand by the term ‘judicial precedent’? Why are precedents so important to lawyers in
Singapore?
2. What is the ratio decidendi of a case? In what way does it differ from the obiter dictum? Why is it important
to differentiate between the two concepts?
3. How does the doctrine of binding precedent work? What do ‘vertical stare decisis’ and ‘horizontal stare
decisis mean? Do you think the Singapore courts’ approach to stare decisis makes sense?
4. Why do we continue to look to foreign jurisdictions for judicial precedent?
5. What are the different types of jurisdiction our courts possess?
No Facts
1 Timeline in Singapore
35
The first court to be established in Singapore was the court of judicature for the Prince of Wales Island
(Penang, Malacca and Singapore)
● This court was established under the Second Charter of Justice of 1826
● The court first sat in the old courthouse of Penang which was, at that time, the most important of the
three Straits Settlements territories.
● In 1855, the third charter of justice was issued to established a separate court for Malacca and
Singapore. And a recorder was stationed permanently in Singapore.
● When the Straits Settlements came under the control of the colonial office in London in 1867, the
court of judicature was transformed into the Supreme Court of the Straits Settlements with its own
Chief Justice.
● Court of Appeal was set up in 1873
● Separate Court of Criminal Appeal established in 1931
● Merger with Malaysia in 1963, appeals went from High Court to Federal Court (Malaysia court) ,
appeals to Privy Council were retained
● Singapore’s independence from Malaysia in 1965
○ this system continued
● Supreme Court of Judicature Act on 9 Jan 1970
○ Appeals from the Supreme Court continued to be heard by the Privy Council
○ Reversion to a Court of Appeal that was not completely separate from the High Court
○ No judges of appeal; Court of Appeal was manned by Supreme Court judges
● 1993 amendments to the Supreme Court of Judicature Act
○ Creation of a totally separate Court of Appeal
○ Court of Appeal consists of the Chief Justice and the Judges of Appeal
○ Judges of Appeal rank above High Court judges in precedence
■ Clear distinction between the High Court bench and the Court of Appeal
● Application of English Law Act passed in 1993
○ Stopped the continuing reception of English commercial law under section 5 of the Civil Law
Act
● Prior to 1994, the highest court of appeal for Singapore cases was the judicial committee of the Privy
Council in London.
● However, Parliament passed a Judicial Committee of the Privy Council Repeal Act in 1994
○ this effectively stopped all appeals to the Privy Council.
● As a result, the highest level of court today in Singapore is the Court of Appeal
2 Singapore’s judiciary
● Singapore’s judiciary is established under the Constitution and the code structure is established by
two primary acts
o Supreme Court of Judicature Act
o State Courts Act
● There are two main divisions in the system.
● This first division is basically the Supreme Court (SC), and the SC comprises:
o Court of Appeal
▪ the apex/the highest court in Singapore, and
o High Court
● The State Courts (formally known as the subordinate courts) comprises of a number of courts:
o District courts
36
o Magistrates courts
o Coroners court
o Juvenile court
o Family court
o Other tribunals such as the Small Claims Tribunal
3 Jurisdiction
What does ‘Jurisdiction’ mean?

● It describes the court’s power to hear disputes
● However, the word ‘jurisdiction’ may also be used in a wider context.
o Denote the limits of the power of punishment of the court
o demarcated by certain limits imposed by statute
o When we refer to a court’s jurisdiction, we are talking about a number of things:
▪ Power to hear a dispute
● When the court hears a case on appeal, it is exercising what is called an
Appellate jurisdiction
▪ Capacity in which it hears a case
● Most courts in Singapore actually have both criminal and civil jurisdiction
▪ the type of case it can hear
● civil case or a criminal case
▪ Power to punish for an offence
● E.g. District court has no power to mete out the death penalty; such power
is reserved only for the High Court
4 Judicial Independence
● All Supreme Court judges in Singapore are appointed by the President of the Republic on the advice
of the Prime Minister, who is constitutionally required to consult the Chief Justice.
o appointments can be vetoed by the elected President
● In the case of CJ himself, the President makes the appointment on the advice of the PM
● To ensure the independence of the SC judges in Singapore, constitutional safeguards are in place to
ensure
o They are not dismissed arbitrarily/their offices cannot be abolished at will/their salaries will
not be tampered with by either the legislature or by the executive
▪ Known as the Security of tenure
o Judges will hold office till 65, when they retire
o Before that, they cannot be removed except on the grounds of infirmity, incapacity or gross
misconduct in their official capacities
o Two exceptions:
▪ Supernumerary (Contract) Judges
● Where judge reaches age of retirement, government may extend his term of
service on a contractual basis
● Done on a year to year basis or for a contractual term of 3 years
● when judge is on contract, constitutional safeguards do not operate.
▪ Judicial Commissioners (JC)/Temporary judges
37
● First introduced by a constitutional amendment in 1979 as a measure to ease

the shortage of judges on the bench
● Under the current constitutional provisions, JC may be appointed even for
just a single case
● More long-term appointments last anything from 1 year to 3 years
● In recent years, the appointment to the office of JC is often seems as a sort
of a “prelude”/probation period for permanent judge-ship.
● Absolutely essential to a functioning democracy
o Need to make a distinction between State and Supreme Court
o Nothing to do about ambitious people
▪ But within the limitations, High Court people are very well-protected
▪ Unfortunately, demotivated/lazy or incapable High Court judges are also impossible
to remove
▪ But that is the price we pay for ensuring judicial independence at that level
o State courts
▪ No built-in safeguards
▪ Members such as district judges and magistrate are members of the Singapore legal
service
▪ Can be transferred – change from judge to AGC, Ministries etc, depending on legal
service commission
▪ In the old days, no real system to stop this kind of arbitrary transfer – a Senior District
Judge Michael Khoo was moved at very short notice because it was said that he had
made a decision which displeased the Executive (a notorious case which continues to
damage the reputation of the Singapore Judiciary)
● could remove a senior district judge on very short notice
▪ Nowadays, this is much harder. There’s a legal service commission, consisting of the
chief justice, presidents, AG, various other people, including non-lawyers and non-
civil servants. So there’s a great deal more protection
▪ Still theoretically possible to move district judges to other branches of legal service,
but harder to do this arbitrarily.
5 Court of Appeal
● Highest Court
● Consist of
o Chief Justice (President of CA)
o Vice Presidents of CA (up to 2 of them)
o 1 Judges of Appeal other than presidents
o Other Puisne judges from the HC may from time to time be appointed to sit in the court of
appeal
● ONLY has appellate jurisdiction over all criminal and civil matters
● Usually a bench of 3 judges, but can be an extended bench of up to 5 or even 7 judges.
● May tap on the resources of the High Court to form a coram
o CJ may appoint a Puisne judge to preside in CA in a particular case
▪ The Puisne judge has certain expertise in that area of law or dispute, or
▪ One of the CA judges is, for some reason, unable to preside.
38
● Will ONLY consider points of LAW and their application to that particular case
o In other words, the Court of Appeal will not consider points of fact- will not re-examine
witnesses, documents and other materials tendered in the trial of the case.
● Decision is final and cannot be reopened or reheard in any other court
● The CA decision also binding on all other courts in the judicial hierarchy apart from itself.
● To quality for appointment to CA, the person must have a same qualification required for that of a
Puisne Judge
6 High Court
● Consists of puisne judges

o Form the bulk of HC, along with JCs
o In addition, it may, “if it thinks fit on the application of any party, or on its own motion,
summon to its assistance... one or more persons of skill and experience in the matter… to
which the proceedings relate”
▪ These persons may sit with the court and act as assessors
▪ This, however, is very rarely done.
● Judges and JCs are addressed as “your honour”
● To qualify as a SC judge
o Has to be qualified person within meaning of LPA for at least 10 years
● Both appellate and original jurisdiction
o Appellate: Appeals from subordinate courts, esp appeals from Magistrate Courts and District
Courts
o Original Jurisdiction: Hears cases beyond the jurisdiction of the State Courts
▪ Certain types of cases, e.g. murder, can only be tried at high court
▪ And where damages involved amount to > $250k, must be heard in the HC
● Supervisory and revisionary jurisdiction
o Supervisory:
▪ The court ensures that all inferior courts and tribunals act within their jurisdictional
units.
o Revisionary:
▪ Power to call for and examine proceedings of the subordinate courts to satisfy itself
of the correctness and legality of its decisions.
▪ This can mean looking at the findings of the case or even the fairness of the
punishment that has been meted out.
● Does not have jurisdiction over certain family matters under Muslim law, e.g. marriages and divorces.
o However, has concurrent jurisdiction with Syariah Court over civil proceedings regarding
maintenance of a wife, a child, custody, disposition and division of property or divorce as in
the cases of Muslim marriages.
7 Specialty Courts Within Supreme Court System
o Admiralty Court and Intellectual Property Court

▪ Both created in 2002.
▪ function like the HC in all respects except that the judges who preside in these courts
have specialist knowledge in these areas of law.
o In 2014, Parliament passed a Family Justice Act
39
▪ under this Act, Family Division is created within the HC itself and this family division
of the HC has both original and appellate jurisdiction.
o One so-called specialist court that is constituted on an ad-hoc basis is the Constitutional
Tribunal which hears questions referred to it by the president on the effect of constitutional
provisions.
▪ no appeal from this court.
8 Subordinate Courts (under the State Courts Act)
1) District Courts
2) Magistrates’ Court
3) Coroner’s Court
4) Juvenile Court
5) Family Court
6) Small Claims Tribunal
District Court
● The DC is presided over by the district judge who is appointed by the President on the advice of the
chief justice.
● there are quite a number of district judges in Singapore and one of them is the presiding district judge.
● To qualify as a district judge, a person must have been a qualified person under the Legal Professions
Act for at least 5 years
● unlike Supreme Court judges, the judges in the state court system do not have security of tenure or
security of remuneration.
● The Civil jurisdiction of the district court founded in all matters
o either tort or contract is $250,000;
o in equity matters such as probate, the limit is $3million.
o Under the Criminal code, the DC is in power to mete out the following sentences in the
exercise of its criminal jurisdiction:
▪ Imprisonment for a term not exceeding 10 years
▪ Impose a fine not exceeding $10,000
▪ Order caning of up to 12 strokes
▪ Any other lawful sentence combining any of the sentences which it is authorised by
law to pass
● Some statutes, such as the Misuse of Drugs Act, gives the DC even higher jurisdictional limits.
o E.g. it can impose a punishment of up to 30 years imprisonment as well as caning of up to 15
strokes under the Misuse of Drugs Act.
The Magistrates’ Court

● The MC are presided over by Magistrates who are appointed by the president, on the
recommendation of the CJ.
● Under the State Courts Act, the president may appoint any fit or proper person to be a Magistrate.
● In the old days, many magistrates were actually non-lawyers, they were laymen or community leaders
but in more recent years, almost all magistrates who have been appointed in Singapore, are members
of the legal service and are all law graduates.
40
● To be a magistrate, a person must be a qualified person under the Legal Profession Act, for at least 1
year.
● The Civil jurisdiction of the Magistrates Court, for all civil matters is $60,000;
● its criminal jurisdiction is also established under the criminal procedural code and the Magistrate is
empowered under the code to mete out the following punishments:
o Imprisonment for a term not exceeding 5 years
o Impose a fine not exceeding $2,000
o Order a caning of up to 6 strokes and
o Any other lawful sentence combining any of the sentences which it is authorised by law to
give.
● Like the DC, certain acts can extend the MC’s jurisdiction beyond that which has been prescribed
under the criminal procedural code. Another instance of a case in point, would be the Misuse of Drug
Act.
Coroner's Court
● The purpose of the CC is to investigate enquiries to cases of suspicious or unnatural death.
● The Coroner’s qualification is the same as that of the Magistrate. The coroner is usually drawn from
the pool of magistrates within the legal service.
● Where cases of natural death are reported, the coroner may examine the body to determine whether
or not an inquest is necessary.
● If an inquest is necessary, then a postmortem of the body is usually carried out by the state
pathologist to establish the course of death.
Juvenile Courts
● JC are established under the Children and Young Persons Act and they are a part of the state court
system.
● They are used to deal with youthful offenders (anyone below the age of 16).
● The rationale for the setting up of a separate court for these juveniles is the difference in approach
towards these offenders.
o instead of seeking to punish them, the JC will treat them as children in trouble and will try to
help them out through the appropriate treatment rather than by punishment alone.
● The JC is presided over by a magistrate and he is assisted by two advisors who come from a panel of
advisors nominated by the President of Singapore.
● JC can:
o Commit offender to the care of a relative or a fit person or
o Make a probation order, or even
o Send the offender to the young offenders section in prison.
Family Court
● established in March 1995 to provide parties the ease and convenience of having all family matters
dealt with under one roof.
● currently presided over by a district judge and all parties are required to attend a mediation
conference. These conferences are intended to promote negotiations for settlement as soon as the
issues are identified.
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The Small Claims Tribunal

● Established in 1984 under the Small Claims Tribunal Act to provide a quick method of dispute
resolution for claims arising out of contracts for goods and services, not exceeding $10,000 in value
or if both parties consent in writing, up to $20,000 in value.
● It does not function as a real court as such because lawyers are not permitted to assist claimants and
the claimants themselves must conduct their cases. It is presided over by a referee who must be a
qualified person under the Legal Profession Act.
● Claims must be brought to the SCT within 1 year from the date of the course of action arises.
● There is a right of repeal from the tribunal to the high court in questions of law.
Syariah Court
● Administration of Muslim Law Act (AMLA) establishes the Syariah Court, which has jurisdiction to
hear cases of Muslim Law relating to several matters:
o Marriage
o Divorce
o Betrothal, nullity of marriage or separation
o Disposition or disposal of property on divorce
o Payment of mas-kahwin or maintenance, and consolatory gifts or Matta’ah
● Syariah court is presided over by a President who is appointed by the President of the Republic of
Singapore.
o There may be more than 1 presidents of the court at any one time.
o And in such instances, the President of Singapore may appoint 1 of these presidents to be the
senior president of the Syariah court.
● Cases of the SC are appealable to the appeal board or the Council of Muslim Religion Singapore
MUIS) , the decision of which is final.
Other Tribunals
● A number of other courts and quasi-judicial tribunals
● E.g., military courts:
o have jurisdiction over military servicemen
o Decisions of the Military Court of Appeal have been held to be unreviewable by the High
Court in its exercise of supervisory jurisdiction, on the basis that it is a superior court of law
● E.g., Industrial Arbitration Court
o responsible for settling trade disputes between employers and employees
● E.g., Copyright Tribunal
o set up under Copyright Act to determine appropriate royalty amounts in the compulsory
licensing schemes created by the Act
9 Exclusive Law for Muslims
Muslims in Singapore are also subject to the laws of the land. But there is a peculiar area in which it is exclusive
for Muslims, and that is the personal laws of marriage and divorce.
● AMLA and the Women’s Charter sit nicely side by side.
● AMLA says that the Syariah Court of Singapore has jurisdiction over all marriages that were
contracted under Muslims law and where both parties are Muslims.
● In the Women’s Charter, the WC will not formalise a marriage that is between 2 Muslims.
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● Muslim can marry a non-Muslim but it will be under the Women’s Charter, not under AMLA.
o 2 Muslims cannot go into the Registry of Marriages and say I want to get married under the
Women’s Charter, they will be turned away.
o If one Muslim and one non-Muslim go to the Registry of Muslim Marriages and say I want to
be married under Muslim law, they will be turned away as well.
● if both are Muslims, marry under the Muslim law; but if one Muslim and non-Muslim and go under
the Women’s Charter, they will be bound under each regime.
● The bulk of the cases in the SC are actually divorce
● also handle succession but only in the regard that they issue what is known as an inheritance
certificate.
o when it comes to succession, it is very much you go to the State Courts and you get the letters
of administration.
● The first thing you do when a party comes to see you is to see whether the SC is the one with the
jurisdiction in this matter and we’ve had cases where people come to ask and tell us “Look I’ve tried
to get a divorce in the WC but we got rejected” so we’ve got to explain to them that they were married
under Muslim Law.
● What is interesting is that there are times when people come with 2 certificates - a Muslim marriage
certificate but also got married in NY/London and also have a civil certificate.
o the AMLA says that they have jurisdiction where both parties are Muslims so go to the Syariah
Court.
● DIVORCE IN THE SYARIAH COURT
o Not like WC
o First question asked is of the man - are you prepared to announce the divorce? If man says
yes, the case can moves on expeditiously
o But if only the woman wants divorce, there are only certain ways in which she can get a
divorce;
▪ breach of the marriage condition/vows (note: specific/not universal – so women
from Middle Eastern countries may not be able to get a divorce here, cannot go under
Singapore law as it is not written in the marriage contract),
▪ decree of nullity
▪ the wife pays the husband something (a token sum) and the husband denounce the
divorce in return
● The validity of a marriage goes to the very fundamentals of the marriage itself, and that’s why two
separate systems – WC and Syariah court – are still necessary with respect to divorce.
10 Binding precedent
● any previously reported decision of the court is a judicial precedent

o Decision of the court,
o Made at an earlier time than the present one
● When deciding disputes, court can make pronouncement on the law
o Can be the interpretation of a statutory position
o the clarification/extension of a common law principle
● from 13 century onwards, Most important cases have been reported and published in a series of
books known as the law reports
● While all cases are judicial precedents, they are not naturally sources of law
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o Not all are reported

o Some cases are obviously more important than others
● The common law develops over time and a legal principle may have to be adapted to cater for change
of circumstances, or situations. It is therefore necessary for the courts to either: stand the application
of the legal principles or in some cases, even to create new law.
● Of course, when the facts of a particular case are similar to the facts of an earlier case, the SAME
principles should apply in both instances
o Based on the principle of consistency: Like cases should be decided alike.
● At the same time, principle of stare decisis (“letting the decision stand”) applies
o Lower court obliged to follow the decisions of a higher court.
● The value of judicial precedents as a source of law depends on three elements.
o We must have adequate and reliable reports of earlier cases.
o Proper rules for extracting legal principles from a particular set of facts
o Way of classifying authorities into those which are binding and those which are merely
persuasive.
11 Precedents and Law Reporting
● Because of our English legal heritage, report of earlier English case law can be just as important as
local cases
● English reporting was very haphazard in the earlier years
o But in modern times, reports such as the Law Reports, the All England Law Reports and the
weekly law reports have become very important sources of judicial precedent.
● In Singapore, the earlier reports were also privately published. The first of these was a tiny little
volume called “Wood’s Oriental Cases” which was published in 1869. Other important early reports,
includes the The Straits Laws Reports and the 4 volume “unkaishiou reports”
o In 1893, the first official law reports were published under the name of the Straits
Settlements Law Reports. And this continued in publication right until 1941.
o The next official set of law reports was the Singapore Law Reports. This lasted from 1946 to
1949 and then again from 1953 to 1956.
o Up till 1959, the most important and consistent law report for both Malaysia and Singapore
was the Malayan Law Journal (MLJ).
▪ The journal was founded that Dr. Bashir Ahmad Mallal in 1932.
▪ has been published continuously since its founding, save for the brief period of the
Japanese occupation which was from 1942 to 1945.
▪ Since 1992, it has restricted its coverage on Malaysian cases only;
o the Singapore Law Report Series was revived in 1992 under the auspice of the Singapore
Academy of Law. It was initially published by the firm Butterworth Asia and then by
LexisNexis, but since 2003, it has been published by the Academy of Law itself.
▪ As it is the official law report for Singapore, it is also the most authoritative set of law
reports we can rely on.
▪ The Academy has also published a set of Singapore law reports reprints, which
includes all cases decided in Singapore courts from the time of Singapore’s
independence in 1965.
12 History of English Law Reporting and the Importance of These Law Reports (NOT IMPORTANT)
44
● Law reporting began in England in 1571, with the Nominate Reports.

● Today, we are not able to purchase copies of the Nominate Reports, only have the reprint set
called the English Reports or alternatively, the cases will be found in the revised reports.
● Also, these cases date from 1571 right up to 1865.
● Prior to 1865, the cases were called the Nominate Reports because the names of the reporters
were the ones that were put on the set of law reports.
● In 1865, a body was formed called the “Incorporated Council of Law Reporting” which took over
the official printing and publishing of the law reports in England.
o in different colors - to let you know what the courts are
o resulted in standardized law reporting standard as well as official reports which would be
authoritative if you cited them in court
● the different sets cover different things.
o Blue ones would be the Family division,
o Chancery will be in red, cover land related matters and disputes over wills and property
o Queen’s Bench division which is the largest commercial division will be green, cover the
commercial division – very important to Singapore
o the brown ones will be the appeal cases.
● Originally, when this was formed in 1865, there were 11 different volumes because at that time,
the court had many more different courts. After the restructure in 1970, we now come down to
the current modern series which only contains these 4 divisions.
o So the new cases contain judgements from the Court of Appeal, the House of Lords, and
the Privy Council
▪ all the appeal cases from Singapore would appear in the brown series – the
appeal cases
● Why do we look to English cases
o Singapore’s legal history is very short in comparison, there are many areas of law that
has not been litigated upon.
o Much of Singapore’s law comes from England, so the courts and lawyers in Singapore
look to English cases to establish all their doctrines of precedents.
● What kinds of cases Singapore lawyers would generally be consulting for English law reports
o Many cases on specific areas of contract disputes for example, billment, are very
specialized areas that have come up in England that might not have come up through our
courts so these cases are extremely relevant for us and has been for many years in our
courts.
● How many of our students would actually still look at this
o the modern reports like this can all be found online. Generally, it’s not heavily used
anymore. But cases from the old ER and revised editions, many of these cases are not
available online.
o Lawyers still come over the weekend to make photocopies because they need to put
these into their bundle of documents for court
o The old cases, especially some of the old reports, like the Law Times, the Weekly Law
Reporter, Times Law Reports, many of these old specialized reports, law journal reports
- none of these cases are available online. So the pre-copy is still heavily consulted.
13 About the official modern law reports in UK (the authoritative set) (NOT IMPORTANT)
● the authoritative set considered to be cited when necessary.
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● Reason
o before it gets published, it goes to the judges and the judges have to sign off to the truth of
what they have said in court and the judgment.
● The other thing that is found in the law reports, that is not in some of the commercial series, that this
set has counsel’s arguments which can be very useful for:
o Research
o Making your own arguments for your case in court.
o When judges write judgments, they refer to submissions by council. So it would be more
useful in some of the more complex cases to see what was in fact argued.
● LIMITATIONS:
o time lag: it has to go to the judges and it is a lot more intense - the cases are much longer.
o It tends to get published a year behind the decision came out.
o in the meantime, most of the lawyers and people needing cases would use the reports that
are much more current, up to date such as the weekly law reports or the all England law
reports.
▪ So in England, there are actually many sets of law reports you can use, including
specialized reports that are specially for intellectual property or for shipping cases,
those are - we also have many specialized reports.
o Non-official ones are published privately, by Lexis or perhaps Westlaw. And they are useful
because they are very up to date and very quick. So you get a hold of them earlier, but the
authoritative one would be this set called the law reports.
14 Singapore’s own law report
● Earlies: odd small collections - Oriental cases
● Before 1932: older law reports,
o e.g. the Kyshe law reports and the Straits Settlements law reports. (James William Norton
Kyshe was registrar of the Supreme Court in Singapore or rather the Straits Settlements as it
was then.)
● the modern law reports series in 1932 by Mr. Bashir Mallal
o the official, major set
● Straits Settlements Set:
o This was the semi-official set started in 1890 and it went up until 1941.
o can will find an odd assortment of cases from the Straits Settlements including cases from
Penang and Malacca as well. So it would cover those territories as well.
● Development of Singapore Law Reports
● Started in 1992, published by SAL
● TODAY: Singapore Law Reports (Reissue)
o 1992: Singapore Law Reports
o Collected Singapore cases from 1965 (including Singapore cases from Malayan Law Journal)
– came up with a set consisting of all these cases
o there were many missing cases – in particular, Privy Council Cases, and cases which were
from 1965 onwards – Reissue contains 60 additional cases
o Pre-1965: Still need to look at Malayan Law journal
● Why is the Reissue important?
o It is our one and only version of the Reports which can be cited in court
o When citing precedent, have to refer to the version in the new law reports
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o Also included highly useful paragraph numbers; also a benefit of the digital age (because
online, there are no pages, only paragraphs)
● Singapore’s own jurisdiction has developed, and we are also developing our own precedents.
o We still use Australian cases (e.g. Australian Company Code), Indian cases (e.g. Penal Code)
o But nowadays, local cases have taken greater precedence since the number of local cases has
increased; the courts/judges have also seen the need to develop local jurisprudence
o The number of cases has also increased substantially, and judges also write much longer (and
more detailed) judgments
15 Ratio vs Obiter
● Not everything said by a judge is of equal importance
● Moreover, some cases are more important than others
● important part as a source of law
● Ratio decidendi – germane to the outcome of the case – pronouncement of law with regard to
the specific facts before the judge
○ Quite narrow
○ Affect the verdict directly
○ Binding
○ Sometimes there is no actual ratio when different judges hearing the same case come to
the same conclusion by different methods of reasoning.
● Obiter dictum
○ “by the way” statement or pronouncement of the law which has no direct impact/bearing
on the final decision itself
○ Words of opinion of the court, typically not necessary to determine the outcome of the
case
○ However, may be useful in outlining broad principles which are incidentally or collaterally
connected with the principles in the case – but no DIRECT bearing on the actual outcome
○ Obiter can only be persuasive, not binding
▪ Depends on reputation of judge whose opinion it reflects, as well as
▪ The level of the court
16 Doctrine of Binding Precedence
● The higher the level of authority, the more important the case is as a precedent and thus, as a source
of law
● Vertical stare decisis of CA
o In any hierarchical common law system, courts below in the hierarchy are obliged to follow
the decisions of courts higher up for the sake of consistency
o It is impermissible to decline to follow an appellate court decision on the ground that it is per
incurium
o Where a High Court judge is faced with a clash of equally binding authorities, he may choose
between them
● Horizontal stare decisis of CA
o Singapore
▪ Before WWII, practice in Straits Settlements was that the Court of Appeal was not
bound by its own decisions
▪ Sometime between end of WWII and independence, this practice changed
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● Mah Kah Yew v Public Prosecutor

o Full bench accepted the English rule in Young v Bristol Aeroplane Co
Ltd and held that Court of Appeal was bound by its own prior
decisions
● Chin Seow Noi v Public Prosecutor
o Court of Criminal Appeal implicitly accepted the correctness of Mah
and Young
▪ Practice Statement on Judicial Precedent issued on 11 July 1994
● Court of Appeal no longer bound by decisions of the Privy Council, the
predecessor courts or by its own prior decisions
o The House of Lords
▪ Practice Statement issued in 1966 affirming its freedom to depart from precedent
where “it appears right to do so”
▪ HL has taken an extremely restrictive approach to the exercise of its power to
overrule previous decisions
● Fitzleet Estates Ltd v Cherry
o Previous decision should not be departed from merely because it is
considered to be wrong; something more, such as a material change
in circumstances, must be shown
● Jones v Secretary of State for Social Services
o Where questions of statutory construction are involved, HoL should
leave it to the responsible Minister to seek an amendment rather
than depart from precedent
▪ Decisions may be departed from where
● They are no longer appropriate in the light of changed circumstances, or
● They have laid down a commercially irrelevant and inconvenient test, or
● A serious error has distorted the law
● Vertical Stare Decisis of HC and subordinate courts
o High Court is bound by decisions of the Court of Appeal and Court of Criminal Appeal
o District Courts, Magistrates’ Courts and Small Claims Tribunals are bound by decisions of the
High Court
o Syariah Court, Industrial Arbitration Court and subordinate Military Courts not bound by High
Court decisions (because their appeals don’t lie in the High Court)
● Horizontal Stare Decisis of HC and subordinate courts
o A High Court judge is not bound by the decision of another High Court judge
▪ No distinction made as to whether the High Court is exercising original or appellate
jurisdiction
▪ However, decisions are normally followed as a matter of comity
▪ All subordinate courts are bound by the decisions of the High Court. If there is a
conflict between the decisions of CA and HC, then CA’s decision must be followed
● Decisions of ALL other courts, including those of other jurisdictions, are merely persuasive. There is
no obligation to follow any of them, even if they interpret statutes which are the same as ours.
o Free to depart from them.
- Judge may decline a precedence by distinguish them on the basis of:
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o Changes in social circumstances (e.g. 19th century Present times; great change in social
circumstances)
o Disputing ratio (too wide, conflicts with other cases?)
o Deciding that case was decided per incuriam (judge did not have the benefit of other relevant
cases cited to the court which may have been relevant)
● Judicial prescedence is not a substantive legal norm, but a rule of judicial practice to ensure clarity
and consistency in the law so that the legal system remains stable and citizens can rely on this
certainty plan their lives appropriately.
● Justification of the doctrine
o Desire for uniformity and consistency
▪ Grounded in the concept of fairness
▪ A disparity in the judicial approaches to a particular problem is apt to provoke
accusations of unfairness and arbitrariness
o Necessity that law should be certain
▪ Law is often a matter of opinion → judges may differ on what is right/wrong
▪ If each judge could decide based on his conscience/inclination → anarchy
▪ When judicial opinions differ, need some body to have the final say
● Added advantage of ensuring that the best judges are the ones with the final
say, for the highest court usually has the best judges
o Practical reasons
▪ If a lower court judge ignores the decision of a higher court, and there is an appeal,
the higher court will get its way by reversing the lower court’s decision
▪ As a practical measure, lower courts follow the decisions of a higher court that
exercises appellate jurisdiction
17 Jurisdiction Over Persons, Things and Causes
● To assert the power and authority of the courts to bind the subjects of the legal system, in respect of
the objects of the legal system
o Subject – legal entity capable, according to the norms of the legal system, of owning and
exercising rights and owing duties and liabilities to other subjects
o Object – The object matter of these rights and liabilities, like property, and obligations or the
legal constructs from which the rights and obligations follow, like status
● Jurisdiction in personam → Court’s power to bind subjects in respect of obligations owed to one
another
● Jurisdiction in rem → Court’s power to bind subjects in general in respect of the title of property or
status
● Jurisdiction over causes – two understandings
o Highly specialized type of subject matter jurisdiction
o Defining the types of disputes that can come before the court with reference to specific
objects in the legal system, or causes
▪ E.g. family causes, administration of deceased’s estate, bankruptcy, winding up of
companies etc.
▪ E.g. matrimonial causes have their own system of jurisdiction → relief may be granted
in personam binding only the parties to the action, or in rem, that will bind everyone
generally
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● A court needs to satisfy both subject matter jurisdiction and jurisdiction in personam/jurisdiction in
rem before it can hear the case and determine the dispute in a way that will bind the parties to the
dispute.
o As a general rule, a court must be seized of jurisdiction before it has the authority to hear the
case, give appropriate remedies, and hand down a decision that will bind the parties
concerned
o Court is usually seized of jurisdiction when the procedure for the service of court documents
has been completed
18 Transfer from One Subordinate Court to Another
● Civil cases
o Magistrates’ Court to District Court → on the basis that an important question of law or fact
in involved
● Criminal cases
o Magistrates’ Court to District Court
▪ Matter is outside the jurisdiction of MC, or more appropriately tried in DC
▪ PP can apply to transfer the case from MC to DC
▪ SGHC can transfer criminal cases
Topic 6: Legal Profession and Professional Training

Tutorial Questions:
1. What is a fused profession, and given Singapore’s colonial heritage why does Singapore have a fused
profession?
2. What regulatory approaches has Singapore taken regarding foreign lawyers and law firms in the past, and
what is the current approach?
3. Competition is normally thought to be good for consumers. Should Singapore allow foreign law firms to
practice all types of law?
4. There have been discussions in Singapore regarding law graduates having difficulty finding employment.
Should the primary purpose of a law degree be to give students an education or prepare students for the
practice of law?
No. Quick Facts

1 Practice of Law
• Provides many different possible careers
• Key is making oneself useful to clients when they encounter legal problems
• There are many different problems and different ways to make oneself useful à This distinguishes
the different types of legal practice
o Corporate Lawyer
o Disputes Lawyer
• Many lawyers specialise in a narrow area of law nowadays
o Dispute Resolution in Litigation
o Transactions
2 Fused Profession
A fused profession is one where the legal roles of advocate and solicitor are combined.
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In Singapore, there is no formal distinction between the types of lawyers.

• Lawyers called to the Singapore Bar are both advocates and solicitors who are entitled to advise
their clients and plead their case directly in court.
o Given the title “Advocate and Solicitor of the Supreme Court of Singapore”
• The Singapore lawyer handles both client management as well as management of the case (Gary
Chan)
o Exemplified in litigation cases
o It has been this way since the beginning of SG legal practice
In comparison to the UK, the roles are separate.

• Barristers: Special class of solicitors who can appear in court.
• Solicitors: Traditionally managed casework and is in charge of handling the client relationship.
Counsel never saw the client without the presence of a solicitor. . Could not appear in court.
However in recent times, the dichotomy between the two has somewhat blurred. Solicitors can appear in
some courts.
3 A Lawyer’s Work
• Lawyers can work in law firms, in-house counsel for a company or the legal service (AGC and other
government offices)
• A lawyer’s “Five bosses” (basically the stakeholders who the lawyer is accountable to)
1. The Judge
2. The Law (Constantly have to keep yourself updated)
3. Opposing Counsel (Stay sharp in case management)
4. Bosses in the office (Make sure your practice is profitable)
5. The client
• Work done can be divided into
§ Complex work: Typically done by the partners with younger lawyers assisting;
§ Less complex work: Younger lawyers running the case by themselves (more
straightforward claims etc.) – responsible for the work almost entirely, except for
supervision at a higher level
4 Structure of Law Firm
The traditional law firm is a partnership.
a. At the top of the firm, the partners are a group of people who are in partnership with one another and
perform 3 roles
i. Owners of business
ii. Managers of business
iii. Workers in the business
b. These people are well-versed in the law and have hone their skills for years
a. Clients are attracted by the skills of the partners
c. Practice of Law is not capital-intensive; it is knowledge and skill-intensive
- The partners are well-versed in the law and have honed their skills for years.
- Clients come to the firm because of the skills of the partners
- The law firm makes money by the partners attracting work. (The partners do some of the work
themselves and also employ younger lawyers to assist.)
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5 Journey of a Lawyer in a Law Firm

• Lawyers enter the profession as Practice Trainees
o Spend a period of time following lawyers around, learning what they do and how they do it;
helping with drafting and photocopying.
Rough Timeline:
• Called to the bar – Associate (typically 3 years) à Senior associate (typically 3 years) à
Salaried/junior partner (could be between 6-10 years) à Equity partner
o Some firms are not partnerships; we now have law corporations (terminology like associate
director and director), but such firms probably follow a fairly similar path and the
experience is unlikely to be very different from traditional partnerships
• A junior associate must be very focused on acquiring legal knowledge and legal skills.
o They become “seniors” when the next group of lawyers appear below them.
o By the end of the 3 years, they should be able to do a bit of management – managing the
time of secretaries, court clerks and dispatch clerks.
• Senior associate is also managing, to some extent, more junior associates
o Not just legal skills, also the need to learn and grow as a manager.
• Entry into the partnership as a junior/salaried partner
o Individual is now adding a third part to his abilities:
§ Ability to attract clients (attracting existing clients to give you the next piece of
work)
§ Legal skills (Junior Associate)
§ Ability to manage (Senior Associate)
• Becoming an equity partner
o Leader and owner of the firm as a whole
o One must demonstrate mastery of all the three areas: Good-great in terms of legal skills;
good and respected manager of people; somebody who can attract and retain clients.
6 Fees Payable
Firms can charge (1) Hourly Fee or (2) Fixed/Flat Fee
(1) Billable Hours:

• Typically charge for the time spent by any lawyer which is potentially chargeable to the client (proxy
for value given to the client).
o May not be the best proxy, but it is a generally accepted way of billing clients
• All lawyers in a firm will track their time so that when it comes to billing clients, the partner in
charge can take a billing decision as to how many billable hours should be charged to the client.
• Origin of billable hours: Has to do with how clients are traditionally charged for legal work.
o However, also plays an independent role in terms of understanding the efficiency of the
firm
• Having a record of hours enables the firm to evaluate what sort of margins they are getting and
whether the work they are doing for a particular fee is profitable for them.
(2) Fixed/Flat Fee:

• Sometimes firms charge a flat fee à depends on how the market operates
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Evaluation
Ultimately, charging clients is a matter of business, balancing what the clients want and how law firms want
to charge.
• Charging by the hour is not necessarily the best way. We must look at the margin of earnings and
whether the work is profitable at that particular fee. 3 hours of work may not be more valuable
than 1 hour of work.
• When there is more certainty at the outset of the engagement of what the scope is, (e.g. in
transactional work (loan agreements for banks etc.), then it may be easier to negotiate the fee
upfront (other considerations, e.g. how many parties/underlying securities adding complexity etc.)
o Typically, such clients are sophisticated clients who can choose from different law firms.
o They would agree on an amount, and as long as the scope of the case remains within the
discussion, then the agreed amount holds.
• For disputes, it is harder to agree on an amount upfront so lawyers typically rely on hourly rates.
7 How has globalisation positively affected legal practice in Singapore?
Definition: An expansion of the movement of goods and services, people and information across borders.
a) Singapore as a hub for provision of legal services to countries or projects across Asia
a. Singapore lawyers can undertake work in more countries from Singapore
b. Need not travel a lot
b) With the increase in cross-border trade and investment → increase in arbitration
a. Appealing for many lawyers in arbitration
b. For Singapore - Added advantage of successfully striving to become a centre for the
resolution of international disputes.
c. The dispute cases will naturally come to Singaporean firms (home ground = where we can
benefit from participating in these cases)
c) Growth of Singapore as a financial centre
a. In terms of private wealth management (where the flow of money, hedge funds locate
themselves, etc), Singapore has grown tremendously to become a place of choice.
8 How has globalisation affected the legal profession specifically?
a) Increase in opportunities
a. Large and niche medium-sized law firms are highly motivated to try to achieve as much as
they can in this new, internationalized, globalized market.
b) Many large firms have a regional practice;
a. May consider opening one or more law firms in other parts of Asia to support that practice.
c) Tier 1 international law firms;
a. Principally UK law firms who made the most of the end of Empire after WWII and the
continuing links of the Commonwealth, to stage a first wave of international growth; well-
positioned when the EU opened up and harmonized its legal markets to take a dominant
position in UK too.
b. American law firms: Some of which have globalized following the movement of American
money/capital around the world
c. These firms are the ones which undoubtedly have benefited the most from and have
prospered.
d) Second tier firms in the UK and US have tried to follow suit; some have managed to establish
themselves globally as well.
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9 How has the practice of International Law in Singapore changed?

a) Makeup of International Law Firms
a. In the past, international law firms were the domain of a select group of people – expatriate
lawyers.
b. Today, there are many international law firms with many local talents.
c. Huge range of practitioners available à complete change in legal landscape
i. Close to about 150 or more offshore firms in Singapore; most of them are major
players in their own markers, in the US and the UK, but there are also law firms
from other jurisdictions, niche players from Japan, India, Korea.
d. And this pace has accelerated tremendously
b) How has the work of international law firms changed?
a. In the past, these firms traditionally serve their international markets, i.e. “following the
client”, a selling point for clients
b. This remains the case for niche players from “unusual” jurisdictions, like Japanese firms – to
service Japanese clients who have set up office here or around the region and need help
c. But for the larger, main players (and the bulk of the 150 law firms): Asia is the next big
thing/already the next big thing – opening up a regional branch in Singapore is their attempt
to position themselves to attract more work
c) How many international law firms and foreign lawyers in Singapore?
a. Around 4700 lawyers with local practicing certificates; ~1600 with foreign practicing
certificates. Approximately 1/5 lawyers are foreign lawyer
b. For much of our history, no statutory provisions regulating foreign law firms or foreign law
practices.
c. Although foreign law practices wanting to establish offices in Singapore were required to
register and get permission from AGC – some people say that Singapore took a light touch
to the regulation of foreign law firms
d. Lack of direct regulation did not prevent foreign law firms from setting up offices in
Singapore. They could set up offices in Singapore with the following conditions:
i. As long as they did not practice Singapore law
ii. As long as they did not come within Legal Professions Act
iii. No prohibition on their foreign legal services.
iv. Could practice their home law, another country’s law, or international law.
Gary Low - A Globalised Legal Profession

• Potential for new improvements in productivity
o The now-ubiquitous computer and word processing software has revolutionized
document production and editing.
o Pervasion of wireless technology means lawyers are accessible all the time.
o Internet (including legal databases) now provide vast resources of legal knowledge.
o Digital transcription services, electronic discovery, trial documentation systems have
changed how court procedures are carried out.
• Increase in online transactions → Encouraging growth in online dispute mechanisms
o This is already done for arbitration and mediation, but still got potential for further
development by Singapore’s ADR in this direction.
• Possible use of cloud computing for legal work
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o Efficient collaboration between colleagues and clients

o Costs are lower
o However, there are safety and security concerns (unauthorized interception)
10 Amendment to Regulation for Internationalization of Legal Services
Singapore identified International Legal Services as an area for economic growth. They made several
amendments to actively move towards boosting International Legal Services in Singapore.
• Govt now actively courts the internationalization of law policy

• This has taken shape over the last 5-7 years
• Legislation changes/ amendments → to ensure work can be brought here → support SG’s position
as an Arbitration hub within the region and Asia
o Making it easier for international law firms to operate here
o Making it easier for international law firms to partner with local firms → such that these
foreign firms can perform a lot more services (where in the past there were restrictions)
• Changes to the Legal Profession Act in 2000 (After AFC in 1997)
11 How has Singapore’s approach to the regulations of foreign law firms changed over the years?
• Make it easier for international law firms to operate and set up in Singapore
• Also easier for international law firms to get into arrangements partnering with, forming alliances,
forming joint ventures, etc. with local firms à Ability to perform a whole suite of services.
• Before that, there was a clear OB marker for international law firms à they cannot do Singapore
legal; but that has changed; they can now participate in many areas in Singapore Law Practice
Previous Regulatory Approaches to International Law Firms

• Within the legislative changes, you will see things that have happened 10 years ago, and is
redundant today:
• There have been many schemes which have allowed international law firms more freedom to
operate, but which have at the same time transferred their skills and expertise to local law firms.
o JLV – Joint Law Ventures – new legal entity of the foreign law firm and local law firm
combined together
o FLA (Foreign Law Alliance) – Foreign practice can now take a certain equity stake in the local
practice- the foreign law firm and local law firm remain distinct
§ Attractive for foreign firms to enter into the local market
o Moved on to QFLP (5 or 6 years ago) - now that 9 firms have QFLP certificates..
https://app.mlaw.gov.sg/law-practice-entities-and-lawyers/licensing-or-registration-of-law-practice-
entities/types-of-licence-or-registration/
Current Regulations:
QFLP (Qualifying Foreign Law Practice) system – Otherwise known as “Super-Licenses”
• Issue licenses based on strengths/expertise which international law firms could bring to the table;
what they can and cannot do is stated in the license and regulated by legislation
• However, firms cannot receive QFLPs in every area of law:
o Completely domestic law = conveyancing, family law, criminal law – cannot be touched by
international law firms (at least as of now)
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• The concept behind is to help develop Singapore’s status and development as a financial centre à
most law firms for QFLP have expertise in their practice in areas of banking law or corporate finance
law
• The aim was to bring up the standard of the bar here in these domains.
Progress for International Law Firms

• Incremental, staged development:
o Initially, there were few, select international law firms completely dominated by expatriate
lawyers
o Now, foreign law firms can have grown as big as medium sized firms, with a good
proportion number of lawyers being junior lawyers – little bit of a ‘blurring’
• Two types of international law firms
o Strictly offshore (traditional)
o Firms which have crossed the boundary and obtained a QFLP, and can practice certain
select areas of the domestic law
Results of Change in Regulatory Approach

• We are now observing blurring of lines
o Taking place for only several firms at the moment
o Possibilities that might arise:
§ Completely breaking down all barriers for international law firm (unlikely to happen
for the next few years – Government still wants to maintain “sacred” areas like
criminal and family)
o Many regulations which make it easier for foreign law firms to practice local law and
practice in local courts (JLV, QFLP, FLA)
What does this mean for Law students?

• From a law school perspective, this means more options available.
• Bigger local law firms have suffered a bit – mini exodus of their good young lawyers to international
law firms (more lucrative, challenge of the interesting work, opportunity to be seconded to
international law offices of the network of the international law firm)
• More avenues available
• Law is not just a business, it also has a social dimension, so it may not be good for a profession to be
entirely foreign-owned
12 Future Developments
• Singapore law firms cannot simply merge with foreign law firms
o Law is not just a business, it also has a social dimension to it
o It may not be ideal for a profession to be entirely foreign-owned.
• Practice of law supports the constitutional development and framework of a country.
o Important to have an independent, strong legal profession;
o The profession is the pillar of the system, voice of the people
• If we were to completely remove all our barriers, Singapore firms would not immediately disappear.
But it would increase the risks and dangers of that taking place.
13 Establishment of the Legal Services Review Committee (the LSRC report)
• Chaired by then AG Chan Sek Keong
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• To review SG’s strategic legal needs in the financial sector, and the conditions under
which foreign law firms and foreign lawyers are allowed to operate in SG, in the context of ensuring
SG’s competitiveness in financial services
o (Basically, in what circumstances should SG’s legal sector be liberalised to allow offshore
law firms to practice SG law)
• Recommendation 1: Encourage top global law firms to open offshore offices, and for MNCs to
relocate their in-house counsel in Singapore
o Increase talent pool of FLs and thus the legal knowledge base within SG, and also potentially
increase amount of cross-border legal work attracted to SG.
• Recommendation 2: Scholarships and grants awarded to local legal talent to study abroad and
acquire expertise in cross-border transactions, which was not available in SG itself
o Keep in mind objective was to improve the quality of legal expertise in the local law scene
• Recommendation 3: Permit partial liberalisation, in a controlled pace and manner
o Offshore firms allowed a slice of the SG legal pie, through cooperation rather than
competition with local firms
o Through FLAs and JLVs
o In application for FLAs and JV, business plans had to be submitted which demonstrated
commitment towards training and transfer of relevant legal knowledge and expertise
between the partner law firms
o Later on in a 2007 report, FLA and JLV scheme was found to only have “limited success”.
Basically there was a lack of alignment between FLP’s self interests and the strategic goals
of the SG legal sector
o Thus, enhanced JLV (eJLV) structure was introduced
QFLP was also introduced → allows FLPs to directly hire SLs to work on permitted
areas of SG law, without the need to cooperate with an SLP on these matters
14 Entering the Legal Profession
• Entering into the Singapore Legal Profession is governed by the Singapore Legal Profession Act and
the process is overseen by the Singapore Institute of Legal Education (SILE)
15 Singapore Bar
• Entering into the Singapore Bar requires the applicant to be a qualified person, as defined in LPA
and other subsidiary legislation
o Universities named in Schedule to Act +
o Satisfactory result
o Singapore resident/PR
o Good character
o Satisfactorily served practice training period
o Attended prescribed courses of instruction
o Passed prescribed examination
• Three stages of entering the Singapore bar:
o Academic Stage
o Bar exam (Part A and Part B)
o 6 months of practice training
• Singapore bar exam has Part A and Part B
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o Part A is a conversion course for overseas graduates hoping to practice Singapore law –
supposed to bring them to the standard of local graduates (introduction to Singapore law at
the very least)
o Part B is a compulsory 5-month practical law course and examination for both local and
overseas law graduates
§ Run by the SILE
§ Correct imbalances and biases from universities
§ Not theoretical; meant to ensure that you can actually function as a lawyer. Failing
in real life can lead to serious consequences. It can mean getting sued etc. The
people who cannot function do not get out into the market because that is not fair
to the public.
• Practice Training
o Most common route: To enter into a practice training contract
o Lengthiest and most in-depth training – occurs as the candidate studies for his/her law
degree
o Now, law is more than just a trade. It’s also about understanding how the law works in
society, how society is regulated etc.
o Dual function of training lawyers and also educating people in the law.
16 Amendments to Admission Requirements to the Bar

The key recommendations include:
a. Uncoupling admission to the Bar from the completion of a practice training contract;
a. For law graduates who decide not to become practicing lawyers, they can still be called to
the Bar after passing the exams – without having to complete the practice training period.
b. A practice training contract will no longer be a pre-condition for admission to the Bar. For
these students, they can pursue alternative careers such as becoming an in-house counsel,
practice support lawyers, law academics and legal technologists.
b. lengthening the practice training period from six months to one year; and
c. raising the standards and stringency of the Part B Bar Examinations.
17 Comparison between Law as an Undergraduate or Graduate Degree

• In places like US, Canada, Australia etc., law is a graduate degree
o Students tend to be older; making a financial commitment after a basic degree – tend to
have a clearer view of why they want to study law etc.
o Australia – almost all students do law as a combined degree; benefit of learning a wider
range of subjects
o We see this in NUS in terms of electives that help them to think more laterally; not just to
prepare for a career, but ultimately, for life.
• In countries where law is an undergraduate degree, the curriculum is more focused on law.
Academic studies therefore focus strongly on law.
18 Globalisation and Legal Education

• Movement of students – scores of institutions around the world; ability to make connections, both
personally and professionally
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• Many people are much more outward-looking – prepared to take a broad-minded view of a
problem
o Have to look at how a Singaporean party would look at a particular issue, but also how a
foreign party would look at the same
• Encourage students to embrace global perspective
19 What should students try to gain in their legal education?

• Doctrine – Understanding a basic amount of information; basic principles of the substantive law;
what the law is
• Perspectives – Why the law is the way that it is; what forces manipulate the law and lead to the law
being the way it is now
• Skills – Analysis, research and communication; basic skills that all lawyers need, and which any
lawyer would be expected to have. The ability to articulate a position clearly and defend a position
well.
20 Alexander Loke – University Legal Education in Singapore
• Initially, there was great emphasis on liberal study of law as an intellectual discipline
• 1966-1972: Shift towards professional education due to growing demands made upon lawyers in
commercial practice and also the economic changes in SG which required more knowledge and skills
in substantive law subjects
• Criticisms and Feedback:
o Singapore legal culture seems too preoccupied with rule learning. It creates a superficial
understanding of the law and lacks intellectual rigour
o Law School should instill appreciation of how law operates
o Fundamentals of Studying Law:
§ Equipping for practice
§ The development of the mind – learning how to think deeply
§ Engagement of the soul – in the ideals of law
• Approach we should take:
o Focus on conceptual thinking à Better at evaluating and analysing
o Focus on theoretical and policy analysis à Adapt to novel situations
• Hindrances to Approach:
o Resistance from the Common Law tradition
o Resistance from the Positivist tradition
o Resistance from the education psychology of students (Totally Functional)
21 Gary Low – A Glocalised Legal Profession:
a) Liberalisation (1968-1997) à Asian Dollar Market provided impetus for offshore legal predence in
Singapore
b) Liberalisation (1998-2006) à
a. 1999: Legal Services Review Comm (LSRC) set up to ensure SG’s competitiveness in financial
services. Recommendations included encouraging top global law firms to open offices here
and Scholarships awarded to local legal talent
b. Partial Liberalizations: Two vehicles for cooperation between local and foreign firms
proposed à Formal Law Alliance and Joint Law Venture
c. Both flopped
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c) Liberalisation (2007-2013) à 2007 Committee had mandate to position SG as a legal hub for
International Legal Services
a. Enhanced JLV structure to give foreign firms greater stake
b. QFLP Scheme created
d) Re-Regulation (2014) à 2014 Regulatory Review recommended to oversee a uniform disciplinary
procedure
e) Supply and Demand of Lawyers
a. 1993: Too many Lawyers à Many restrictions put in place
b. 2001: Shortage of Lawyers à NUS intake increased and number of recognized overseas law
programmes increased
c. 2005 Committee on Supply à Undersupply was acute and efforts of 2001 Committee were
undermined by severe attrition in legal profession
22 Institutions of SG Law
• Law Society:
o Self-governing body, functions and powers are dictated by the Legal Profession Act.
• Supreme Court – Registers and issues practicing certificates to allow lawyers to practice as an
advocate and solicitor in SG.
• The Legal Services Regulatory Authority (LSRA) – envisaged to take over the AG and the Law Soc’s
function of registering and regulating offshore and local law practices in SG, including those of law
corporations, JLVs, FLAs and QFLPs. This body will also have the sole authority for licensing non-
traditional legal practices such as the Legal Disciplinary Practices.
• Professional Conduct Council (PCC) – publish rules of conduct applicable across the board. Helmed
by the Chief Justice, with representation from the Supreme Court, Law Soc, AGC, the local and
offshore legal community, as well as non-practising lawyers.
• The Singapore Academy of Law (SAL) – Comprehensive legal service provider with 14 specialist
committees involving anything from legal heritage to the promotion of SG law abroad to the
organization of the well-established annual lecture series.
• The Singapore Institute of Legal Education (SILE) – Responsible for post-academic vocational
training and examination of would-be lawyers (the bar exam). Mandated to also examine foreign
practitioners applying with the AG to practice certain permitted areas of SG law, regulate the
requirements for continuing professional development obligations, and maintain and improve the
standards of legal education in SG generally.
23 Disciplinary Proceedings for Lawyers

a. Initiated through 4 ways:
a. where the Law Soc receives a complaint alleging misconduct of one of its members,
b. where the AG or
c. Supreme Court refers information on the conduct of one of its members to the Council of
the Law Society, and
d. the Council may initiate proceedings on its own volition
b. Inquiry Panel convened, with chairman referring the complaint or information to a 2-man Review
Committee.
c. Review Committee acts as a gatekeeper to prevent frivolous allegations from clogging the
disciplinary process. It comprises of:
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a. A Practicing Lawyer on the Inquiry Panel and

b. A Legal Officer with at least 10 years of experience
d. After it passes the RC, the Inquiry Committee will hear the matter and recommend whether there
should be a formal investigation in the form of a Disciplinary Tribunal. It would comprise of
a. 2 practicing lawyers from the Inquiry Panel,
b. A legal officer with at least 10 years of experience and
c. A layperson
e. If it passes the IC, the Disciplinary Tribunal will begin formal investigation. It comprises of:
a. A Senior Counsel or a sitting/former Judge or a Judicial Commissioner
b. An Advocate and Solicitor of no less than 12 years’ standing
f. 3 Possible Conclusions:
a. No cause of sufficient gravity warranting disciplinary action,
b. While no cause exists, the advocate and solicitor should nevertheless be reprimanded and
ordered to pay a penalty commensurate with the character of his misconduct; and
c. A cause of sufficient gravity for disciplinary action exists.
g. The Council will determine the appropriate course of action.
24 Balancing Supply and Demand of Lawyers

• Policy makers have been a victim of their own success in this tale of regulatory invention
• Whether it was: The measures put in place in Report on the Legal Progfession 1993 to restrict supply
did precisely
what they were intended to do.
• Or: The measures put in place in the subsequent two decades (2007 Report), from
increasing local supply to the more than doubling of recognised overseas uni grads in order to
loosen the tap.
• The 2007 Report recommended increasing the number of local law schools in part to relieve the
pressure off local law schools to increase the number of places on offer.
o This resulted in 35 overseas uni degrees to be recognised
• The problems always came later. The 2013 Report conceded that the growth of SG’s economy was
much less than previously predicted. This, coupled with the liberalised local and overseas paths to
qualifying for the SG bar, suggested that the future demand for lawyers < the anticipated increase in
supply.
• The nature of policy recommendations is such that it would take years before its effects are felt. As
such, carefully calibrated approaches should be taken to tweaking supply to match demand,
through a combination of long-term and short- term solutions.
• Report on the Legal Profession 1993: Predicted that supply of lawyers would outstrip demand
• Report of the 2nd committee on the supply of lawyer 2001: Recommended to increase NUS student
intake and recognized overseas university law degree programs
• Report of the 3rd committee on the supply of lawyer 2007: there was an undersupply of lawyers that
threatened Singapore’s economic competitiveness. Recommended to increase overseas universities
to relieve pressure on spots local law schools had to offer
• Report of the 4th committee on the supply of lawyers 2013: predicted that future demand of laywers
would be less than the supply.
o Shortage of laywers in the areas of community law (family and criminal)
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Topic 7: Legal Ethics and Professional Regulations

Tutorial Questions:
1. What are the risks of allowing lawyers to be self-regulated, and of allowing other institutions to regulate
them? What approach does Singapore take?
2. What are the main obligations Singapore advocates and solicitors owe to client, court and the public? In the
case of conflict, should Singapore advocates and solicitors prioritise their duty to the client or the court
(Legal Profession (Professional Conduct) Rules, r. 4, Principle a)?
3. Should professional rules for lawyers be more compliance or aspiration oriented? Look at the rules that
govern Singapore lawyers, particularly the Legal Profession (Professional Conduct) Rules – what orientation
do these rules have?
4. How are systems of moral reasoning such as utilitarianism relevant to legal ethics and how lawyers make
ethical decisions?
5. Singapore has explored regulatory approaches that transform traditionally voluntary obligations into
mandatory obligations, such as student and lawyer pro bono. What professional obligations should be
mandatory, which should be voluntary, and why?
No. Quick Facts

1 Overview
• Lawyers are subject to distinctive set of ethical rules that govern lawyers in the practice of Law.
• Determining the required course of action for the lawyer hence requires an understanding of all
the different duties that the lawyer owes, to the court and to the client, and balancing them
appropriately
2 Legal Ethics:
a) Detailed statements of what professionals can/cannot do, with punishments for non-compliance
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b) Aspirational statements of values and goals of the profession which those in the profession should
strive to achieve.
3 Ang Cheng Hock (Senior Counsel and Chair of the SG Law Society Ethics Committee):
Legal Ethics is:
• Code of conduct for lawyers, setting out the boundaries of their conduct or what they can/cannot
do in the course of their practice.
o Eg. Lawyers cannot manufacture evidence in support of the client’s case.
• Code of Ethics: A set of rules that guide a lawyer in his practise
o Seeks to tell the lawyer what the best way to conduct himself in particular situations when
dealing with the client, court or the other side
4 Legal Ethics v Professional Responsibility
Sometimes the phrase “legal ethics” is defined differently.
• If it is defined as a set of rules governing a lawyer's conduct, then we might be referring to
“Professional Responsibility”.
• When lawyers are not obliged by rules to act in some way, but are still confronted with ethical
dilemmas, these questions are sometimes treated as “Legal Ethics”, as opposed to “Professional
Responsibility”
5 Legal Ethics as Rules governing Lawyer Conduct
Assuming Legal Ethics are the rules governing a lawyer’s conduct:
• Rules are law in the sense that they are:
o In legislation (e.g. Legal Professional Act) and
o subsidiary legislation (e.g. Legal Professional Conduct Rules)
• They are not substantive rules because they are limited to issues of discipline → concerned with
what can happen to the lawyer in context of his job.
• Hence if a lawyer is disciplined for conducting a case, that would be between him and the law
society and the courts.
o It has nothing to do with the client who might have a claim in tort law (e.g. Negligence,
etc.)
These rules come with the role that the lawyer plays. Lawyers have to accept all the ethics that come with
the profession. Therefore, legal ethics is part of the profession and lawyers MUST follow these rules.
6 Categories of Lawyer Obligations

a) Obligations to the Client (most practical)
a. (1) Competence,
i. Ensure that you have the ability in that area of the Law
ii. If not, refer client to somebody else who has greater knowledge
b. (2) Loyalty
i. Cannot act against your Client’s interest
ii. Ensure that there is no Conflict of Interest
1. Current and Past Client having conflict of interest
2. This is an issue for big firms, where one lawyer might be handling a case
against another lawyer in same firm
c. (3) Client Confidentiality
i. Clients must be able to hire a lawyer and strategise together
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ii. Client must be able to have candour and be forthcoming

iii. Only several occasions when you can talk about client’s case
1. Abstract Manner (no names mentioned)
2. Only if client indicates that he would be committing another imminent
crime. In this case, Lawyer is obliged to discharge from case or inform the
court.
b) Obligations to the Court (most crucial)

a. Lawyers should not misrepresent the Law to the Court
i. Despite being an adversarial process, lawyers do not just have a contractual duty
to the client.
ii. As an officer of the court, lawyers cannot do things like misrepresenting facts or
law, hiding documents which are damaging to his client.
b. Duty of Candour à To be forthcoming to the court, so as to allow for the court to have full
knowledge to make a fair judgement
c. Duty of Discovery (giving opposing lawyer complete evidence)
d. No faking of evidence.
e. No coaching of clients to make false statements.
f. About a balancing act → First and paramount duty is always to the court → if client insists
on misrepresenting facts, lawyer has to withdraw from case
c) Obligation to other Counsel

a. Honouring Undertakings (especially important in Admiralty Law)
b. Do not talk to other Counsel’s clients
c. Good Faith à Giving other people 2-day notice to prepare for certain actions
d) Obligation to Society (provide Access to Justice) → fundamental justice, enshrined as one of the 4
major principles of court
a. Access to justice means irrespective of financial means of the person that seeks justice
b. Balance between law as a business (making money), and their public duty as officers of the
court to offer services on a reasonable basis (in terms of time available to them) to people
who need it
c. Do not give somebody the impression that you are acting for them when you are actually
not.
7 Advisory Committee of the Professional Conduct Council
a) Function: a committee that gives advice to lawyers in practice who have questions as to what the
appropriate conduct is they should embark on in a particular situation.
b) Composition: comprises of volunteer lawyers with at least 5 years or more experience
c) When Lawyers (regardless of whether they are Singapore-qualified or Foreign-qualified lawyers)
face actual ethical dilemmas, they can write to the Ethics Committee for advice and guidance.
a. Ethics committee provides broad spectrum of views (distilled into one view)
b. Committee gets regular references, once every two to three days
d) Committee issues a guidance note to Lawyer
8 Law Students Guidelines
a) Students cannot give advice until they are called to the Bar
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b) But by extension of the Lawyer they are assisting, students must follow professional rules
(confidentiality etc).
9 Comparison with Other Jurisdictions
● Bear in mind the distinctions between barristers and solicitors in other countries compared to SG’s
fused profession.
● Many countries have different kinds of lawyers that can perform some roles of the lawyer in SG but
not others
● Different legal systems result in different legal obligations
○ E.g. Contact with potential witnesses / witness prep
■ Some civil law countries e.g. Germany → you cannot have any contact with
witnesses at all → put them up fresh in court
■ Others e.g. US → intensive witness prep → utterly negligent to not prepare your
witness, almost becomes a breach of ethics
10 Challenges for Young Lawyers
a) Essence of law is doing your best for the client, having commitment and drive, but within the rules
b) Two different pitfalls for young lawyers
a. Being too detached and not fighting hard enough for the client
b. Over-identification with client → loses sight of the rules that you have to abide by as a
lawyer , whether or not they are arbitrary
i. Thinking that your client is not guilty OR thinking that the opponent is evil
c) Ethics =/= just listening to superiors. It is important to have your own sense of what is right and
wrong.
d) Exposure to different styles of senior lawyers is fine as long as the different styles operate within
the ethical parameters of the profession
a. Some may cross examine more aggressively but as long as it’s not misleading or badgering.
e) When learning from other lawyers:
a. Ask yourself what is most effective + what style suits you best
b. Disputes require the element of theatre → good to have different styles for different
clients (some need more aggressive handling, others need to be charmed)
f) Working in a team means that the way you present yourself is crucial!
g) Traditional Culture in a Law Firm à Lawyers should not be too abrasive, confrontational, and
should be more willing to learn.
h) However, young SG lawyers have become too deferential, especially when senior lawyers dominate
the discussion. Young Lawyers should question all assumptions and speak up as well.
11 Regulations of Lawyers in Singapore
a) Legal Profession Act (Main Legislation regulating Lawyers)

a. Created in 1966
b. Consolidated Ethical Guidelines in the form of Practice Directions
c. Singapore’s version of self-regulation, which provides conduct rules
d. Procedures used by lawyers in other institutions to develop rules for Lawyer Conduct as
well as investigate and discipline lawyer conduct
b) Subsidiary Acts (Legal Profession Professional Conduct Rules)

a. Source of rules that govern Lawyering behaviour
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b. Professional Conduct Rules was a landmark development in lawyers’ ethics which codified
lawyers’ ethical obligations.
c) Implementation of Changes in 2015 (IMPORTANT)

a. Creation of Legal Services Regulatory Authority (under MinLaw)
i. Legal disciplinary partnerships and a new centralized entity regulator for all law
practices and regulated foreign lawyers.
b. 1998 Professional Conduct Rules replaced by the Legal Profession (Professional Conduct)
Rules 2015.
c. Rules formulated by a new Professional Conduct Council (PCC) that comprises senior
representation from the Judiciary, the Law Soc, the AGC, MinLaw, local and foreign
lawyers.
i. No longer formulated by the Council of the Law Society.
ii. Rule-making regarding professional practice, etiquette, conduct and discipline of
domestic and foreign lawyers.
12 Who makes Legal Professional Rules (as in 2015)?
• The Professional Conduct Council (PCC) that consists of the judiciary, Law Soc, AGC, MinLaw, local
and foreign lawyers.
Why are foreign lawyers involved? (this could possibly be important for exams; a recent issue)
• To take into account the difference in the “contingency fees” system.
• To try to achieve a standardization of the rules that are applicable to local and foreign lawyers.
13 8 General Interpretative Rules under 2015 Professional Conduct Rules:
1. Paramount duty to the court
2. Uphold the standing and integrity of SG legal system and legal profession.
3. Duty to discharge all responsibilities to any tribunal before which he appears, clients, the public
and other members of the legal profession.
4. Uphold the laws of SG in practice.
5. Facilitate the access of members of the public to justice.
6. Fair and courteous to every person in respect of professional conduct.
7. Conduct must be consistent with values of the particular jurisdiction the advice is given in.
8. Keep up to date with all pertinent developments in the law in his area of practice.
14 Discipline
● Lawyers fail to uphold professional standards of conduct when:
o They commit a crime or violate a civil law → dealt with by the rules in the civil/criminal
legislation
o They are professionally negligent by providing legal services that fall beneath the tort
standard of negligence → dealt with by tort law
● Legal Professional Conduct Rules

o Legal Profession Act S 1
o Different from Civil and Criminal Liability:
I. Consequences are not Civil/Criminal Liability.
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II. However, Law Soc can investigate the lawyer in a separate committee and possibly
sanction you with their own set of punishments.
III. These rules are entirely separate from Civil/Criminal liability.
o This means that a lawyer could be subject to (1) Civil/Criminal rules and (2) Legal
Professional Rules
15 Singapore Law Society
● Established in 1970
● Singapore’s Law Society plays a key role in regulating and disciplining lawyers
o A creature of statute under LPA
■ Law Soc ensures the regulatory standards and procedures set out under the LPA
are maintained.
o Empowered to conduct investigations into and hold disciplinary hearings on alleged lawyer
misconduct
● Representative Body for Lawyers in Singapore (All practising lawyers have to be a member of Law
Soc)
o Obligations to the Law Soc and the profession include conducting yourself properly as an
advocate and solicitor in a manner that does credit the profession
o Membership services including
■ Registration of your own law practice
■ Seminars/courses available
o Funded by contributions of the members (membership fees) → no other substantive forms
of sources of income
■ Subsidies from SILE for some courses
● Assists Lawyers in maintaining their bridge to society through Pro Bono Services
● Law Society gives feedback on specific pieces of legislation
o E.g. Involved in consultations with bench in matters involving criminal and civil procedure,
civil law and criminal substantive law; members contributing actively in SAL (serves
government and judiciary), etc.
o Cooperation has been constructive for past few years
16 Comparison between Law Society and Singapore Academy of Law

SAL Law Soc
Representation Represents a larger cross-section of the Represents all practicing members /
profession (includes members of the qualified persons in Law à Focused on the
judiciary, AGC etc. smaller section of profession (Advocates
and Solicitors) but
Does not include lawyers practicing solely in

arbitration à no practicing certificate and
do not come under Law Soc
Regulatory No. Yes.

Function?
17 Regulation of Foreign Lawyers
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• All Singapore Lawyers and Foreign Lawyers registered with the Legal Services Regulatory Authority
(LSRA), are regulated by Law Soc and are bound to comply with the Legal Profession (Professional
Conduct) Rules.
o Foreign Lawyers are required to follow portions of the Singapore rules regarding
professional conduct, which are understood to compromise a set of universally accepted
ethical principle and rules.
o Foreign Lawyers are subject to control and discipline by Singapore Supreme Court and are
subject to investigatory and disciplinary processes similar to Singapore Lawyers, with the
addition of participation by foreign lawyers in that process.
Issues faced by Foreign Lawyers:

• Foreign lawyers would be concerned about which set of rules they should comply with if SG rules
differ from their home jurisdiction
18 Self-Regulation
We make our own rules and decide when lawyers get punished. The Legal Profession is self-regulatory in the
sense that if there is a breach of the rules, a person can report to the Law Society.
Disciplinary Proceedings:
1. Complaint to Law Soc

2. Inquiry Panel > Review Committee > Inquiry Committee
3. Disciplinary Tribunal
4. Law Soc
5. If guilty, Court of 3 Judges [aka. “show cause” hearing]
(1) Complaint to Law Soc

• Initiated in 3 ways: (1) Law Soc receives complaint alleging misconduct of one of its members, (2) AG
or Supreme Court refers information on the conduct of one of its members to Law Soc, (3) Law Soc
may initiate proceedings based on its own volition.
(2) Inquiry Panel > Review Committee > Inquiry Committee

https://www.lawsociety.org.sg/Lawyer-Regulation/Discipline-Process
• An Inquiry Panel (constituted by members of Law Soc) must convene, with its chairman referring the
complaint/ information at hand to a Review Committee
o Inquiry Panel Composition: SG and Foreign Lawyers, laypersons from other professions. All
appointed by Chief Justice for a term(renewable) of 2 years.
o 2 Man Review Committee composition: 1 practicing lawyer on the Inquiry Panel, 1 legal
officer with at least 10 years’ experience.
o This committee functions as a gatekeeper, making sure that frivolous allegations do not clog
the discplinary process.
• Thereafter, the matter is heard by an Inquiry Committee.
o 4 Man Inquiry Committee Composition: 2 practicing lawyers from IP, 1 judicial or
government legal officer with at least 10 years’ experience, 1 layperson
o This committee considers in greater depth the veracity of the complaint or information as to
misconduct, and to recommend whether there should be a formal investigation in the form
of a Disciplinary Tribunal.
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(3) Disciplinary Tribunal

• 2 Man Disciplinary Tribunal Composition: 1 Senior Counsel OR a sitting or former Judge or Judicial
Commissioner of the Supreme Court, 1 senior lawyer with min. 12 years’ experience
• A formal investigation is carried out, and its record of proceedings is made available to the public.
The tribunal may come to 3 possible conclusions: (a) no cause of sufficient gravity warranting
disciplinary action, (b) while no cause exists, the advocate and solicitor should nevertheless be
reprimanded and ordered to pay a penalty commensurate with the character of his misconduct;
and (c) a cause of sufficient gravity for disciplinary action exists
(4) Law Soc

• the matter is reverted back to the council to determine the appropriate course of action.
• If lawyer found to be guilty, Law Society’s Council will refer the matter to the Court of 3 Judges,
which oversees the entire professional discipline of lawyers
(5) Court of 3 Judges

• Show Cause hearing: onus is on the lawyer to defend himself before the Court of 3 Judges to prove
he is innocent. (case law will be discussed when litigating the case)
§ Lawyer can represent himself or get an advocate
• The Court of 3 Judges does not sit as an appeal court against the decision of the tribunal → merely
allows the lawyer the opportunity to give reasons as to why he should not be disciplined
• Standard of Proof is beyond reasonable doubt, not on balance of probabilities
• If there is a defect with the decision of the tribunal, the Court of 3 Judges may set aside the
tribunal’s decision.
§ Essentially, the C3J have the final say over the pronouncement of guilt over a transgression
and the level and type of punishment meted out
- Fine, Suspension, Disqualification
- Usually to do with the “ability to practice” rather than a punishment or fine
Is Self-Regulation a Good System?

• President of Law Society Lok Vi Ming posits that:
o Peer regulation is the best form of regulation because we are best able to decide the kind
of conduct we want
o Leaders of the profession want to preserve the integrity of the profession → System is
therefore fair and robust
o Enquiry committee stage has a lay member who would be guided by his own principles of
fairness and justice;
■ Perspective of a consumer of the service to determine if the lawyer’s conduct was
reasonable/unreasonable
o Court of 3 judges hear the most severe cases of misconduct, could end in fine, suspension
or disqualification
19 Comparisons with Other Jurisdictions
• Some jurisdictions do not formally recognize skilled/experienced lawyers
• Singapore and UK do.
o UK: Queen’s Counsel
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o Singapore: Senior Counsel

• More and more jurisdictions have similar schemes
o Outstanding members of the profession, known for their advocacy and their ethical
standards – role models for others in the profession
• Many Senior Counsels enjoy major appointments to the bench/Ministry of Law/AGC
20 System of Continuing Professional Development

• Extension of the professional development after Law School
• Academic stage à Bar exam à 6 months of practice training à 2 years of Compulsory
Professional Development (in a few years, this will be for life)
• Bigger challenge – how is it implemented?
o Some older lawyers need CPD more than young lawyers
§ There are CPD schemes for Older Lawyers
o Important to inculcate a spirit of continuous education, to seek to learn and update
themselves – starting with YOUNGER lawyers but plans are afoot to extend this to the
middle category and other lawyers as well.
Current:
There are 4 categories of Lawyers:
a) Group 1 Lawyers
a. Lawyers admitted to Singapore Bar on or after 2 Jan 2014 (5 Years or Less)
b. Need to hold 8 (between 5-8 months) or 16 CPD points (more than 8)
b) Group 2 Lawyers
a. Lawyers admitted to Singapore Bar between 2004 and 2014 (5-15 Years)
b. Need to hold 4 (between 5-8 months) or 8 CPD Points (more than 8)
c) Group 3 Lawyers
a. Lawyers admitted to Singapore Bar on or before 31 Dec 2003 (15 Years or more)
b. Need to Obtain 4 CPD Points (More than 5 months of Practising)
d) Foreign Lawyers
a. More than 8 months of practicing certificate à 8 CPD Points
b. Between 5 – 8 months à 4 CPD Points
21 Aspirational Rules
• These rules govern behavior, but do not impose penalties.
• E.g. Pro Bono
o Mandatory for Students.
o Singapore considering whether to make Pro Bono mandatory for Lawyers (more available
to persons who cannot afford them)
§ A good number of the profession felt that this was the wrong way to kick-start the
pro bono spirit; better to appeal to the hearts of the members
o Hence, proposal for mandatory PB has been held back.
Current: As of Legal Profession Rules 2015 (Mandatory Reporting of Specified Pro Bono Services)
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It is mandatory for Singaporean lawyers to report the number of pro bono hours they clock each year when
they renew their Practising Certificate. However, there no sanctions or adverse consequences if they did
none.
LawSoc would then grant accolades to lawyers who contribute greatly, or put them on certain
councils/committees.
22 Contingency fees
• Not Allowed in Singapore
• Lawyers getting a percentage of the damages fee if client wins
o Fear that lawyers may be motivated to act improperly if they had a monetary stake in the
outcome
• This, however, is allowed in some other jurisdictions
o Allows clients with meritorious claim to pursue justice
• International Practice allows for the implementation of contingency fees with regulations
• Many local lawyers in the international arena find themselves disadvantaged
o When they quote prices, the local lawyer knows that he cannot properly compete because
the New York lawyer can quote their prices down to $0, exclusive of contingency fees
o This is a real problem faced by local lawyers
Current
• Ministry of Law has carried out Public Consultation on Conditional Fee Agreements in Singapore
• Inviting Members of Public to provide feedback on the proposal to allow conditional fee
agreements (“CFAs”) for prescribed categories of proceedings
• The proposed framework will contain safeguards such as defining what constitutes a "successful
outcome" by the parties.
23 Deborah L. Rhode – Traditions of Moral Reasoning

Theories of Ethics
• Normative Theory: Teleological (results-based morality) v Deontological (duty-based morality)
• Most of our common law is Teleological (Principles). It is pertinent to differentiate in Law, when
the two types of rules clash (Principle v Precedent).
o Example: if the legislation promulgates a rule that thou can kill as one wants, this could
clash with another rule.
§ Deontological Approach: it will ask which is the one with the higher priority
§ Teleological Approach: there needs to be a balance
• Teleological: whether or not I am correct in doing something, depends on the consequences

o Purposive and Ends-Based Reasoning
§ Whether an action is correct, it depends on the consequences
§ Utilitarianism is highly linked to this – because the outcome is aimed to achieve
one that produced the greatest balance of happiness over unhappiness
o Egoism:
§ Depend on whether they will advance the agent’s own well-being.
• Does not enjoy support.
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• Self-Defeating: disadvantageous to an individual if everyone purses his

own self-interest.
• Does not account for altruistic behavior.
• Hedonistic Paradox: someone who single-mindedly pursues pleasure
seldom achieves it. There is a need for meaningful work in order to achieve
satisfaction.
o Virtue and Self-Realisation

§ Virtues are dispositions to act and judge in accordance with ‘right reason’ (e.g.
courage, justice, temperance, etc.). Virtue ethics focuses on the character of moral
agents.
o Utilitarianism:
§ The morally right action is the one that produced the greatest balance of happiness
over unhappiness for the greatest number of people.
• Act Utilitarianism (analyses the morality of each act) v Rule Utilitarianism
(establishes general rules that produce the greatest good (considering
cost-benefit for all cases rather than just one
• Criticisms: Asks too much in requiring individuals to set aside their own
special relationships in favor of the common good and in insisting that all
consequences of a given action be measured and compared. Asks too little
by failing to ensure minimum rights, by ignoring distributional issues, and
by declining to recognise that not all interests stand on equal footing.
• The indeterminacy of “good” is also a problem.
• Deontological: this rule exists, therefore, if I follow this rule, I am doing good
o Belief that there are universal, generalizable rules for moral reasoning.
§ Examples of obligations that satisfy these rules – duties of fidelity, benevolence,
justice.
o Criticisms: Strength of this approach (universality) is also its weakness (too vague to guide
in making decisions in specific cases).
o Also, the “veil of ignorance” approach to determining universal principles may not work all
the time.
o Lastly, critics question frameworks that give priority to preserving rights irrespective of
their consequences in all cases (e.g. telling the truth no matter the costs).
• Pro Bono service: Utilitarian and Deontological approaches compared

o Deontological: Access to legal services as a basic entitlement
o Utilitarian: Positive consequences of expanding availability of legal services.
o Opposition to pro bono obligations: Infringement of lawyers’ own rights
24 Stephen Cohen – The Nature of Moral Reasoning
Ethical decision-making models
• Exist to avoid moral negligence (failure to consider) and moral recklessness (failure to give
adequate consideration)
• Direct one’s attention to the things that one should be aware of before reaching a decision.
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• Does not contribute to the theoretical discussion of moral reasoning.

• Does not deal with moral incompetence/blindness: if a person does not see a moral issue, he will
not reason about it.
Note that none of the models advocates for a particular moral theory: allow for ‘moral pluralism’; individual
moral theories are not better than one another, diverse positions should be recognised.
American Accounting Association (AAA) Model

1. Define the facts
2. List the stakeholders (who will be affected)
3. Define the ethical issue (e.g. conflicting rights)
4. Identify major rules/principles/values (e.g. integrity)
5. Identify alternative courses of action
6. Compare values and alternatives. Is there a principle that is so compelling that the proper
alternative is clear? (e.g. correcting a defect that will cause a loss of life)
7. Assess the consequences (short run, long run, positive and negative)
8. Make your decision
Laura Nash model

1. Define the problem accurately with as many facts as possible
2. How would the problem be defined if you stood on the other side of the fence?
3. How did this situation arise?
4. Who do you owe your loyalties as a person and as a member of a corporation? (private vs
corporate duty)
5. What is your intention when making the decision? (Can you take pride in your action?)
6. How does the intention compare with the likely result? Will harmful results occur even with
good intention?
7. Who could be harmed by your decision?
8. Can you talk to the affected parties before making a decision?
9. What are the long-term consequences?
10. Are you comfortable with disclosing your decision on TV?
11. How would others view you if your intention is understood/misunderstood?
12. What are the exceptions to your stand?
Topic 8: Anatomy of Criminal Trial

Tutorial Questions:
1. What are the goals of criminal justice? Is truth finding one of the goals of a criminal trial? Is the adversarial
system a good way to achieve these goals?
2. “It is better for one guilty person to go free than for nine innocent people to be unjustly imprisoned”. The
presumption of innocence is key to the criminal justice process. How do we justify this? Is this realistic and
practical? Why couldn’t we take the position of “It is better for one innocent person to be unjustly
imprisoned than for nine guilty people to go free”?
3. Doesn’t the presumption of innocence and the burden of “beyond reasonable doubt” give accused persons
an unfair advantage? And if this is correct, how do we justify the use of presumptions in criminal justice?
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4. Should the jury trial be reinstated in Singapore?
No. Quick Facts

1 Pre-Trial Process
Police
1. Enforcement powers
a. Powers of arrest to apprehend offenders
b. Powers to enact roadblocks etc.
c. Preserving public peace, assisting court in investigations etc.
2. Powers of investigation (Criminal Procedure Code)
a. Powers to find out more facts related to the case at hand
b. Power to interview witnesses/suspects
c. Search and seize
2 Arrestable Offences VS Non-Arrestable Offences (found in CPC)
• Arrestable:
o Policy can arrest without a warrant. Found in Third Column of the First Schedule of CPC
https://sso.agc.gov.sg/Act/CPC2010?ProvIds=Sc1-
• Non-arrestable:
o A non-arrestable offence is one where the police may not arrest the suspect without any
warrant. The police do not generally have powers of arrest and investigation in such
offences.
§ Examples of such offences are voluntarily causing hurt or “simple hurt” (S. 323,
Penal Code), dishonest misappropriation of property (S. 403, Penal Code) and
“simple” mischief (S. 426, Penal Code).
o However, the police may commence investigation on specific cases of non-arrestable
offence upon the order of a Magistrate or Public Prosecutor. This is usually when there is
significant interest requiring the state to act.
o Under certain circumstances, the police may also act for the Public Prosecutor in exercising
special powers of investigation in specific non-arrestable cases.
§ E.g. Voluntarily causing hurt – Options to refer to mediation (e.g. family violence –
don’t want to destroy relationships between parties)
• Some offences which are usually non-arrestable but which police officers can arrest for
o E.g. Assembling without permit, public disorder. (Intervene to prevent breach of peace, but
normally non-arrestable)
3 Process for Fresh Offences
• Arrested persons can only be kept in custody for 48h
• Decisions would be either (1) to refer to court, (2) release on bail, or (3) release unconditionally.
• During this period the investigation officer will (in the 48h)
o Verification of identity, taking photographs, fingerprints, potential interviews
o Going to the scene to gather more evidence etc.
4 Bail
• Def: Guarantees monetarily that suspect will be available for further investigations
• Bailable VS Non-bailable conditions – usually granted bail unless he/she needs to be charged in
court.
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o Refer to Fifth Column of First Schedule of CPC

o Bailable Offences – Accused generally entitled to be released on Bail or Personal Bond
§ Eg. Cheating (s 417 of Penal Code)
o Non-Bailable Offences – Police or Court have discretion whether to release an accused on
Bail or Personal Bond. If bail is not grants, AP will be placed in remand in prison.
§ E.g. Rape (s 375(2) of Penal Code)
• Bail Quantum could be based on:
o Number of charges against him
o Severity of offence
o If no bailor, can put up his own personal bond – promise to pay a certain amount of money
for his own release
• Bail procedure:
o Bail amount < $15,000 personal property (ie, jewelry), belonging to the surety/bailor can
pledged. Don’t need to physically present items. Only need to declare
o Bail amount > $15,000 surety/bailor must pay the cash/cash equivalent to the court.
• Payment of Bail means that investigation is still not over.
• Bail conditions can be imposed by the police
• Breach of bail conditions – surety or accused person liable
With Criminal Justice Reform 2018, massive changes were made to CPC.
• Make Bail regime tighter à to make it harder for accused to get bail.
o More absconding cases has induced proposed changes to CPC to strengthen bail regime
• Video recording of interviews in lieu of written statements
• Improved victim compensation orders (can extend to dependents of victim, victim can make
representations)
• More community sentencing options for people subject to reformative training
Previous Changes in 2012:

● Certification of co-operation so no death penalty for drug couriers
● Non-intentional murder: only 300A mandatory death penalty
● All death penalty sentences must be confirmed by CA
5 Evidence
• For the purpose of Investigation, which is a fact-finding inquiry
• Examples of Evidence
o Medical reports, documentary evidence (especially in commercial cases) etc
• Evidence is what is gathered to establish those lines of inquiry (e.g. guilty VS innocent)
• There is value in the witnesses being forthright and forthcoming at this stage of the investigation –
Case may not even need to go to court.
• Difficulties that police face:
o In reality, it takes a long time to find evidence and wait for results to come back to them.
o Have to come into contact with many different stakeholders
§ e.g. Prosecutor may say that it doesn’t need to be taken to court; yet victim insists
that the perpetrator of the crime must be punished.
o Many people come to the police to ask for legal advice etc.
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§ But police officers not usually legally trained. Difficult for people to understand legal
concept.
§ Police will still try to explain
6 Prosecution
• Attorney-General decides whether the accused should be prosecuted. (Only reviewable on
constitutional grounds or bad faith)
• However, it is handled as departmental prosecution – AGC only has distant supervision over these
things. It is only when something goes wrong that AGC gets to hear about it.
• DPPs are the first line – they look at the cases to determine if they should be prosecuted.
1. Is it in fact an offence? If no, no prosecution
2. Can it be proved that there is an offence?
§ People may refuse to testify, give information; witnesses could disappear.
§ Sometimes, cases are dropped, because it is not likely to be proved.
§ No point bringing it to court in the hope that the criminal will confess
3. Should you prosecute?
§ It is not physically possible to prosecute every single case.
• E.g. jaywalking case
§ Conditional warning may be given instead. If you do it again we will prosecute for
both.
• Example – teenagers having sex
• If DPP feels that it should be prosecuted, they will then put up a recommendation to one of the
three Chief Prosecutors, who will make the decision.
• Some controversial cases which cannot be decided by Chief Prosecutor, it will be moved up to the
Solicitor-General.
• The MOST controversial files will be referred to the AG, as he cannot possibly handle everything.
7 Defence Counsel
• The work of a Defence Counsel begins way before Trial.
o Need to identify this as a process. It starts from the police investigation report.
o At the beginning, in practice, lawyer needs to calm the family down and explain to them
that the police have their own investigations, their own processes etc.
o Defence Counsel provide practical advice and reassurance to the accused and the family
members
o Could be guiding the accused through his/her first appearance in court.
o If bail is not allowed, the accused is placed in remand. Thereafter, the Defence Counsel
must apply to visit the accused.
• Take a statement from the accused.
o Little time is provided – Lawyer has to get to the crux of issue quickly.
o Crucial to ask the client forthright questions.
§ Some lawyers might be straightforward with answers, some not
o If they have mental disorders, inform police who may refer them for psychiatric injuries.
o Try to work together with the prosecution, police to ensure client’s needs are best taken
care of.
Discovery
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• After a charge has been formally levied on the person à there will be the Criminal Case Disclosure
Scheme
o Involves conferences: Pre-trial conferences before judge
o Prosecution will disclose documents related to their case to Defence, and Defence will
disclose documents to Prosecution
o There is an option to opt out of this regime. But it is usually advised, because it often helps
the party. When the Defence Counsel has received the Prosecution’s case, he will be able to
go through with the accused, He can then discuss with the accused whether there is
evidence to meet the case and whether they can cast reasonable doubt on the case.
• The lawyer’s job is to produce evidence. A case is only as strong as the evidence, the witnesses the
accused is able to show in court. If there is no evidence and witness, the lawyer cannot help. The
lawyer and client must work closely together, and there must be an element of trust within the
relationship.
After Discovery:
• A thorough assessment of the case involving legal and non-legal considerations is conducted to
decide how the client should best proceed.
• Evidence must be tested to see if it can bear out a lawyer’s testing.
o Lawyers should not bring cases which are a non-starter.
o Lawyers must be responsible – cannot waste precious judge’s, prosecutor’s time.
• Lawyers must work closely with client to see what is in their best interests, be it bringing it to trial,
not bringing it to trial or working/negotiating with Prosecution to make a deal.
o E.g. Just serve the sentence and move on with your life.
• Trial may not be good, because it makes clients ‘re-live’ the process, which is why it’s good to bring
it to an end
o Clients need not have a charge over their head for years
How long does it take before the matter goes to trial?

• TLDR: The availability the judge determines how fast a matter is processed
• Prosecution and Investigation must determine if there is even a charge – this can take some time.
(Couple of months or a year)
• But once charge is established, then process will move on very quickly.
• There will be a pre-trial conference, where you turn up in court with the accused. (Letter of
Representations can be prepared)
• Changes have been made and there is now a negotiation with the prosecutors – new process which
was introduced. Allows prosecutors to show their case, can attempt to persuade prosecutors etc.
o This can take quite some time, but defence counsel can be successful.
o It now allows for Defence Counsel to negotiate with Prosecutor in a specified time. This
change has allowed for successful negotiations.
• If negotiations break down, move quickly to the pre-trial. Prepare witnesses etc. – Court will give a
date. (It’s up to whether the judge is available)
8 Summary of Criminal Trial
• Judge has to determine the case on the basis of past authority
• Defense Counsel and Prosecutor must prove the case before the court
• Criminal Trial based on Adversarial justice – predominantly concerned with truth
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o Premised on principle that adversarial parties are able to put forth their best cases, and are
given to freedom to do so.
o If both parties are given this opportunity, the truth will “emerge”
• The problem with justice is that there is no certainty – it depends on the BURDEN OF PROOF
o Prosecutor – beyond reasonable doubt
o Defense counsel – balance of probabilities
• Disadvantage: Judge may not play critical role in court. More often compared to an umpire – He is
involved when making the decision
• Not a free-for-all – there has to be decorum in the courtroom.
9 Trial without Jury

• Idea behind a Jury system is that accused will be judged by his/her peers, who are fact-finders
o Jury made up of local citizens. Judge is merely an arbiter of the process who makes findings
on law
• In a jury system:
o Emotional input/emotional appeal – e.g. lawyer can speak to each juror individually
o Lawyers have learnt art and psychology of persuasion
• Second Charter of Justice introduced Jury System.
o Jury made up of 7 citizens of repute
o Qualifications: 21 y/o, sound mind, no infirmity
o 1960: Singapore restricted jury trial to capital offences
o 1970: Abolished jury trial.
• After 1970, judge became both fact-finder and arbiter
o In Singapore, witnesses are to speak to the judge, not the lawyer. Judge does not need to be
persuaded on an emotional nature, since he knows about human nature etc.
10 Arguments against Jury
1. Unreliability of the system of trial by jury
a. Personal beliefs of the jury system
i. E.g. Chinese superstition - pregnant woman would not sentence a person to death
while she was bearing life in her womb
2. Jury unable to deal with judgement - overwhelmed with the responsibility of having to find a man
guilty (LKY)
3. Mr K.E. Hilborne: castigated jury as wasteful, inefficient, capable of being corrupted or frightened
into thwarting the ends of justice. Guilty man would opt for jury trial for judge would have ‘greater
ability to discern where the truth lies’
4. It is submitted that any error by judges sitting alone could never be worse than the utter and
professed ignorance of the jurors
5. At the 1960s/70s:
a. Low education level
6. Lack of civic responsibility
7. The anti-jury attitude was manifested in an “open and shut” case, in which 5 of the 7 jurors ordered
vegetarian food for lunch. The DPP said: “How can you expect 5 Buddhist vegetarians to hang a
man?”
8. The heavy responsibility of finding a verdict should be should by the judge who has “many years of
experience.”
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Arguments FOR Jury

1. Laymen ensure that justice was tempered with mercy (G.J. Champion)
2. Invaluable for trial of capital offences with political overtones and cases of treason (Amarjit Singh)
11 Criminal Trial Process

• Prosecution starts off by reading out the charge. At every stage, the accused has a chance to plead
guilty or to continue with the trial.
• Procedure:
o Submission of evidence(Prosecution witnesses): PP has to establish case against AP.
§ Examination in chief: PP will call on witness. Purpose: to establish his case
• Have to get the witness to speak about what has happened
• There is no affidavit evidence in chief (AEIC); evidence in chief is oral
o cf civil procedure where evidence are all written. Declared true
before submission
• Prosecutor must ask questions (non-leading) and the witness will have to
volunteer the information voluntarily. Sometimes, he may try to answer the
same question in different ways.
• No formal documents, unless there is an agreed statement (e.g. police
statement etc.)
§ Cross examination: DC will challenge the evidence introduced by PP in EIC. Purpose:
to weaken PP case
• Can be harder than a civil trial
o Civil trial: Typically given the affidavits way ahead of time – you
would already know the evidence which is about to emerge.
• In criminal law, you have to think on the spot, ask questions in response to
what is being said at that point of time.
o Can ask for extra time (5 minutes); judges tend to be
accommodative.
• Not restricted by what he/she earlier said in their evidence in chief
• Test them as to the credibility of their evidence
• Check and challenge them each step of the way
• Sometimes, you may learn things for the first time if the client did not tell
you certain facts.
• Know the case well
o Because it may also be about understanding personalities.
o E.g. Someone may be hot-tempered on the stand - Say certain
things which he may not otherwise have said (unexpected ‘gems’)
§ Re-examination: if necessary, PP may (1) resolve uncertainties by witness in EIC; or
(2) clarify issues raised in XX.
§ Every witness will go through EIC, XX, RE-X. PP will close his case after
o DC then can (1) Present case; or (2) submit prosecution and has not established case.
§ EIC: DC call on witnesses
§ XX: PP will challenge the witnesses introduced by SC
§ RE-X: DC will reexamine if necessary.
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§ Every witness will go through EIC, XX, RE-X. DC will close his case after. AP wil be the
first witness called.
o PP then can call/recall witness to rebut evidence raised by DC.
§ Subject to the same EIC, XX, RE-X procedure.
o Closing submissions: to focus attention on strengths of case
§ DC will submit first à focus on AP’s innocence
§ PP submit after à focus on AP’s guilt
12 Burden of Proof
• Burdens of proof
o For criminal cases
§ When the burden of proof is on PP. (burden to establish a case) PP has to prove
each element of the offence “beyond reasonable doubt”
§ When the burden of proof is on DC
• When raising a defence: DC only has to prove the defence is established on
a balance of probabilities.
• When challenging an element of the offence: A reasonable doubt in any
element of the offence will break a PP’s case.
o For civil cases
§ Plaintiff has the burden of establishing the claim on a “balance of probabilities”
§ Defendant, if the case is made out, will have to prove his defnece on a balance of
probabilities.
o Beyond reasonable doubt – for criminal cases
§ In cases stretching several hundred years. Many judges have attempted to come up
with explanations.
§ Take it literally – is there a REASONABLE doubt in your mind whether the accused
committed the crime in question?
§ Putting it in percentage – 95, 98% sure? No one can say for sure.
o Balance of probabilities – for civil cases
§ Question of “is it more probable than not that the plaintiff has made out the case?”
§ If its 50-50 – have not established likelihood.
• Why higher burden of proof for criminal law?
o Principles of life and liberty
o People should not be arrested without a formal process.
o To send someone to jail, you have to ensure that the burden of proof is that much higher
because life and liberty are at stake.
• Burden of proof determination typically made at the end of the trial
Note that in certain cases (usually Drug Cases), the burden of proof shifts to the accused person. (Standard is
still “balance of probabilities”)
• Usually certain presumptions are levied against the accused (if drugs found in urine sample etc.)
• If the presumption is on the accused, he will then have to provide proof that this was not the case.
• Burden would be for Df to proof, on the balance of probability, that he has a valid defense
13 Jeremy Pinsler - Law of Evidence
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● The aim of the law of evidence is to provide a system of rules which regulate the scope and
presentation of information concerning the facts in dispute between the parties for the purpose of
enabling the court to reach a just decision.
● Process by which evidence is presented and challenged is essentially oral. Oral nature of trial is also
reflected by counsel’s submissions to the court of law and evidence
● Courts will oversee the progress of the case to ensure no delay. Court can give direction that parties
take certain steps within a fix period if not sanctions will be applied.
● Principles of Evidence Law
○ Prescribe the mode or manner in which the evidence is to be presented so as to facilitate its
assessment by the court
■ Three modes: oral evidence of the witness, documents and articles or object.
○ Controls the scope of information put before the court so that it may effectively adjudicate
the dispute between the parties
Admissible Evidence:
a) Direct Evidence: (Evidence of the facts in issue)
a. It constitutes the immediate and original perception of what occurred.
b. Often limited or not available because crimes are committed out of the public view
b) Circumstantial/Indirect Evidence (Evidence from which the facts in issue may be inferred)
a. Evidence must have a potential significance either by itself or in conjunction with other
evidence in the sense that it is capable of rendering assistance.
Inadmissible Evidence:
a) Evidence is only admissible if relevant and subject to rules.
a. Evidence must be excluded if was improperly obtained by the police notwithstanding its
degree of relevance
b. Legal systems which do not endorse this principle might justify their position that if the
integrity or reliability of this diary is not compromised, it should be admitted
b) Evidence of propensity (Character Evidence) is not generally admissible –
a. Probative value (capable of proving) of the evidence needs to be weighed against any
prejudicial effect.
i. Ie evidence that AP committed the exact crime in the exact same manner before.
Extremely probative – it shows the he has a propensity for crime. Has prejudicial
value – AP could be innocent this time, might prejudice the court into assuming he
is guilty.
b. If this is raised by AP then PP can bring in character evidence to show that AP is of bad
character
c) Relevant evidence may also be excluded if it contravenes an overriding policy concern (e.g. doctrine
of privilege)
a. Confidential communications between client and lawyer for the purpose of enabling the
lawyer to properly advice his client is protected by legal professional privilege. Privellege
will cease to operate if abused.
d) Hearsay information is inadmissible as well
Presentation of evidence:
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- Main modes of presentation are (1) oral evidence of witness in court; (2) documents; and (3) articles
and objects
- oral evidence of witness:
o lawyer cannot put words into witness mouth
o lawyer not entitled to attack character of the witness without justification
- documents:
o rules on original and copies and genuiness
- articles and objects:
o only “real evidence” ie. Items actually part of the circumstances can be presented ie knife in
murder
o expert testimony may be necessary to show relevance of item as “real evidence”
o some evidence is so well established or known that they may be accepted without proof.
Courts may take “judicial notice” of such a fact. Ie. Extent of SG territorial waters
Admissibility vs Weight of evidence:
- Admissibility – evidence can be considered by court
- Weight – the extent the court can rely on the evidence. Lawyers will fight for this more. It is one thing to
get evidence admitted, it is another for the courts to give the evidence weight
- Judges use “logic, common-sense, general experience” to assess weight and determine whether
standard of proof attained.
14 Anand Nalachandran, ‘Criminal Law - Life and Liberty’
• In Criminal Law, morality and criminality were universal themes
Cases: (only important thing to know from this chapter)

• 4 Categories of Criminal Law
o Capital Offences – murder, drug trafficking, kidnapping which usually carry mandatory
death penalty.
o Sexual Offences – rape, molest, ‘unnatural acts’.
o Specialised Offences – corruption, computer misuse, fraud, etc.
o General Offences – personal injury, traffic offences, etc.
Advocate
• Despite CPC, criminal defences lawyers face challenges of limitation and inequality of information
and resources
• Criminal Lawyers should have empathy
Criminal vs Civil Litigation

• Level of discovery different
o No witness statement of affidavits in summary criminal trials. Criminal litigation wiitness
present evidence orally.
o Less document intensive for criminal trials. Lawyers need to respond quickly on the spot.
Criminal Law deals with human nature and human failings. Role of defence lawyers are to ensure fairness
and justice in criminal justice system.
15 Phang – Jury trial, unmaking of a legal institute
Singapore
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- 2nd charter of justice 1826 imported jury trials for all offences
o Jury in Singapore comprise 7 members only (trial may, in certain stipulated circumstances,
continue with 6 jurors)
o Verdicts may be either unanimous or by a majority of not less than 5 to 2, with the proviso
that in a majority verdict of guilty, the court has to concur with the verdict or order that the
accused be tried again before another jury
- − Qualifications of juror:
o 21 years old and above
o is of sound mind
o not afflicted with deafness, blindness or other infirmity
- − Persons entitled to exemption:
o Over 55 years old
o School teachers
o Veterinary surgeons
o Registered dentists
- Criminal procedure (amendment) bill 1959
o Aim: remove the jury in all cases except where the punishment authorized by law is death ie
capital offences. Passed. However, CJ still had the power to order trial jury.
o PM lee, at second reading against the jury system: (1) jury system placed too much emphasis
on lawyer’s skill and agility; and (2) jury trials conducted by English educated which was not
one’s peers
o Passed in Criminal procedure (amendment) act 1960
- Criminal procedure code (amendment) bill 1969
o Aim: abolish the jury trial for all capital offence. Substitute mode of trial woud be a trial by
court of 3 judges. If judges were unable to make a decision AP might be acquitted or
discharged or tried before another court. Passed ..
o Passed in Criminal procedure code (amendment) act 1970. Jury system abolished in
Singapore.
Malaysia
Origin of the jury system
- Criminal procedure code (amendment) act 1954. Aim to institute the jury system. Failed
- 1958 Jury system introduced into Federation of Malaya for capital offences only. Barring states of penang
and malacca, governed by the Straits Settlement Code and had jury trials until 1976.
- States of Sabah and Sarawak that joined Malaysia in 1963 never had jury systems. 1976 enabled Jury trials
to be introduced by resolution of parliament
- 1976 all jury trials abolished in Malaysia
16 Chong – the roles and duty of a prosecutor
- Prosecutors client is society
- Ethical duty of a prosecutor distinguished from private law practioners
o Life, liberty is at stake in most prosecutions. Irremediable and irreversible.
o Threshold to overturn a conviction on appeal is fairly high. Appellate court will only interfere
if finding of fact was plainly wrong, unreasonable or against the weight of evidence
o SG criminal justice system has been observed to be tilted in favor of the prosecution
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Topic 9: Anatomy of Civil Trial
Tutorial Questions:
1. “The civil trial is the modern day equivalent to ‘trial by combat’. However, in a civilized society, surely we can
do better”. Discuss.
2. Is the adversarial system of civil litigation the best way to right legal wrongs? What do you see to be the
advantages and disadvantages of a lawyer-led litigation process?
3. How does the sequence of the civil trial procedure serve to protect the rights and interests of the parties,
and ensure an equitable outcome?
4. It is sometimes said that only the rich can really have access to justice. Some have suggested that the
solution to this is to allow for contingency agreements. Discuss.
Note * contents in yellow column are of a lower importance
List of things that I THINK are important (disclaimer clause I have no actual idea)
Which court will the case go to? (look at the amount in dispute)
Modes of commencing an action ® difference between originating and writ of summons
The process of issue of writ up till the close of proceedings

• TLDR: PF issues Writ (6 months validity) ® PF serves writ to DF (personally) ® DF has to enter appearance
(within 8 days) ® DF has to file defence (within 22 days) ® close of pleadings
4 possible steps of disposal w/o trial

- Default judgement
- Summary judgement
- Striking out
- Discontinuance and withdrawal
Provisional remedies / ancillary applications [basically stuff u can apply for before the trial to ensure that it is fair]
- Interlocutory injunction
- Mareva injunction
- Anton piller Order
- Discovery of documents
- Security for costs
Steps of setting down for trial
Types of enforcement
- Writs of execution
- Garnishee proceedings
- Registration of judgement
- Bankruptcy
Costs
- Entitlement to costs
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- Bases of taxation
- Taxation procedure
Appeal process
No Quick Facts
.
1 Bull, Loi & Pinsler – Civil Procedure; State Courts – A Civil Action
Amount [must know the values] Court Facts about the court
Up to $10,000 [can be increased Small Claims Tribunal Note that this is not a court, it is an informal
to $20,000 subject to written process
agreement of the parties]
Governed by its own specific rules, not the
procedural rules that govern the main courts
Up to $60,000 Magistrates court
Up to $250,000 District court
Above $250,000 High court Court of first instance, generally for claims
beyond the jurisdiction of the Subordinate
(unless the parties consented to Courts
have the claim dealt with in the
District Court.) It is a court of unlimited jurisdiction, and may
hear any claim irrespective of the amount or
value involved
Summary of Civil Procedure
These are the steps done before trial

• Modes of commencing an action
o Writ of Summons – for proceedings in which a substantial dispute of fact is likely to arise.
o Originating Summons – for proceedings concerning only a dispute of law.
• Matters to be considered before commencing an action

o Time limits
§ An action must be commenced within the limitation periods prescribed by law
• Contract and tort – 6 years
• Personal injury – 3 years
• Recovery of land and execution on a judgement – 12 years
o Whether SG is the appropriate forum
o Court and hearing fees
• Commencing a writ action – proceedings up to close of pleadings

o Issue and validity of a Writ – plaintiff will have to file the writ in the Supreme Court
Registry, to be signed and sealed by the Registrar. A writ is generally valid for 6 months.
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o Service of the Writ – must be served personally on each defendant. This means delivering a
copy of the writ to the defendant by hand.
o Entering appearance – defendant has to enter an appearance within 8 days after being
served with the Writ.
o Defences and counterclaims – defendant must file defence within 22 days of receiving the
Writ of Summons. If a defendant alleges that he has any claim against the plaintiff, he may
make a counterclaim.
o Close of pleadings
o TLDR: PF issues Writ (6 months validity) ® PF serves writ to DF (personally) ® DF has to
enter appearance (within 8 days) ® DF has to file defence (within 22 days) ® close of
pleadings
• Disposal of action without trial

Default Judgment if defendant fails to enter an appearance or defence
Summary Judgment if the defendant has no real defence to the claim. It is usually called a judgment in
default and is made without listening to one side. [THIS IS TO PROTECT PF]
Application must be filed at the latest within 28 days after pleadings are deemed
closed
Striking Out If a pleading or part of it discloses no reasonable cause of action or is scandalous

or is otherwise an abuse of the process of the court. [THIS IS TO PROTECT DF]
Discontinuance and a party may withdraw his action or defence or counterclaim.

withdrawal
• Provisional remedies and other interlocutory matters

Interlocutory injunction directing the other party to do or refrain from doing something until
Injunction the trial.
Mareva Injunction prevents parties from taking steps to dissipate assets
Anton Piller Order prevents a defendant from destroying incriminating evidence by permitting
certain persons to enter his premises to search, seize and retain documents or
other items.
• Other Interlocutory matters/applications

Discovery and parties have to give documents which are relevant to the case and are in their
inspection of custody.
documents
Security for costs the court may order the plaintiff to give security for its opponents’ costs.
• Exchanging evidence and setting down for trial

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o Summons for Directions - directions pertaining to the filing and exchanging of affidavits,
witnesses, and the number of trial days required. [AKA SOMETHING LIKE ADMIN
INSTRUCTIONS]
o Pre-Trial Conference – Registrar will take stock of the status of the action and give
directions to the parties on the next steps to be taken in the proceedings.
o Exchange of affidavits of evidence-in-chief – written sworn statements by the witnesses
which will stand as their testimony at the trial and on which they will be cross-examined.
[NOTE CRIM CASE CANNOT USE THIS]
o Expert Evidence – an expert report exhibited to the affidavit.
o Subpoenas – ensure the attendance of witnesses at trial. Three type:
§ (1) attend court to give oral evidence,
§ (2) produce documents without the obligation to attend, and
§ (3) give evidence in court and produce documents.
o Setting down – when the matter is ready for hearing and the bundles of documents are
filed together with a Request for Setting Down Action for Trial.
THE ACTUAL TRIAL

• Trial
o Pf’s solicitors will open the case by addressing the court.
o Pf’s witnesses will take the stand first and be cross-examined.
o Each witness may be re-examined after his cross-examination has ended.
o Df’s witnesses then take the stand to testify and be cross-examined and re-examined.
o After that, parties will make closing submissions, which may be oral or written.
o Decision will be made and judgment given.
• Assessment of damages
o In certain cases, quantum of damages may be assessed by a Registrar in a hearing in
chambers rather than the judge.
o AKA it need not be on the spot in court, may be given on later date
What happens after the trial?

Enforcement
Writs of Execution one of a variety may be used to authorize court officials to take appropriate
measures to give effect to the judgment.
[note the distinction between the writs]
Writ of Seizure and Sale of property

- Creditor can request the court to seize and sell property of debtor to
pay the judgement debt
Writ of Delivery
- Directs the Sheriff (enforcement officer of the court) to seize the
specific moveable property
Writ of Distress
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- Allows the Sheriff to enter the debtor’s property to seize tenant’s

possessions and sell them to cover for unpaid rent
Garnishee Proceedings used where the debtor owed a debt to a third party. Third party must pay
the money to the judgment creditor instead of the judgment debtor.
Take note you cannot garnish a judgement debtor’s salary in Singapore.

[Prof Helena mentioned in class]
Registration of judgment registering a SG judgment in another country if the debtor does not have
assets in SG.
bankruptcy and company When DF or his company cannot pay.

winding up proceedings.
• Costs
Entitlement to costs usually awarded to the successful litigant. Entirely discretionary (up to the
court) in principle and quantum.
Basis of Taxation at The prevailing (winner) party is entitled to costs, but the quantum of costs is
Taxation hearing not fixed and will be determined by the court at a taxation hearing
Standard basis of taxation

Reasonable amount
Any doubts decided in favour of the paying party
Example
Party-and-party costs [standard basis]
These are the costs which the losing party in an application or action is
ordered to pay the winning party
Indemnity basis of taxation

All costs, unless incurred unreasonable will be paying party
Any doubts decided in favour of the receiving party
Example
Solicitor-and-client costs [indemnity basis]
These are the costs which a party has to pay his lawyer for legal services
rendered
Note: Taxation is a judicial process to determine the reasonableness of the

legal fee, nothing to do with your normal tax lol
Taxation Procedure taxing Registrar will consider any disputed items of the bill of costs. If
nothing is disputed by the parties, there will be no need for this procedure
Appeal process
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Appeal Process
• Supreme Court – appeal from the decision of a registrar (usually on an interlocutory matter) lies to
a judge in chambers. For trial, an appeal lies to the Court of Appeal.
o When the value of the subject-matter is $250 000 or less, the approval of the court must be
obtained.
• Subordinate Courts – appeal from the decision of a registrar lies to a district judge in chambers. For
trials, generally to the High Court.
o Appeals to High Court judge in chambers: Notice of Appeal must be issued within 14 days
after the Registrar’s judgment and delivered to all parties within 7 days of it being issued.
Leave of the Court is required if the amount in dispute or the value of the subject-matter
does not exceed $50000.
o Appeals to High Court: May be filed within 14 days from the pronouncement of the
judgment. Leave of the Court is required if the amount in dispute or the value of the
subject-matter does not exceed $50000.
• Additional notes: [won’t come out for MCQ]
o Why affidavits for evidence-in-chief is allowed for civil proceedings but not for criminal
proceedings:
§ Witnesses in civil proceedings come on their own volition
§ For criminal proceedings, witnesses are subpoenaed to come to court.
§ Hence, witnesses in criminal trials are not likely to give an affidavit, but they can be
forced to appear in court to testify.
o Is the adversarial system or the inquisitorial system better?
§ Problem with adversarial system – imbalance of arms (e.g. self-represented vs
senior counsel). In the inquisitorial system, the judge acts as a balancer of this
inequality.
o Litigation is a zero-sum game
§ In cases where it is clear that one side will win, parties will probably prefer to settle
their dispute outside of the court.
o Main criticisms:
§ Cost of lawyers
• Can the poor afford lawyers’ services?
§ Recovery of costs
• Are you able to get back a substantial amount of what you spent on your
litigation process?
• Courts have been reluctant to award costs.
§ Possible solution – in deserving cases, courts should be more generous in awarding
costs. This would also act as a deterrent for parties that are seeking to litigate
simply to cause trouble for the other party.
2 Features of the Civil Trial Process
• Does not seek to punish, but to resolve disputes between parties
• There are punitive elements, but this is not its primary goal.
• Based on adversarial system
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o Based on principle that disputing parties are given the opportunity to put forth their best
possible cases, and are given all the necessary freedom to do so
o Types of burden of proof – balance of probabilities (civil)
§ Balance of probabilities
• (50-50) More likely than not that the contract was breached
3 Procedure of Civil Pre-Trial Process
1. Sit down with the client, find out the details of his claim, why he’s in the situation in the first place
(what lawyers call “taking instructions” – relevant facts to the claim)
2. Determine what the claim is likely to be, how much he can recover etc.
3. **Evaluate the case with his/her client and decide on the right process to resolve the dispute
a. Amount claimed
b. Likelihood of success at trial
c. Availability of evidence
d. Cost-benefit analysis with client! May not have to bring the case to court. This is of VITAL
importance!
i. For some lawyers, this may be a hard call because the money is in litigation, not
mediation;
ii. Mediation brings less monetary benefit and compensation.
iii. Lawyers must be upfront with clients about the claim, costs incurred etc.
Ask the clients if they would prefer to resolve their claim in another manner, e.g.
depending on whether you value your relationship with the other party – some
form of negotiation would be preferred.
iv. As nothing would alienate parties more than taking the matter to court, engaging in
adversarial process.
4. Lawyer drafts legal papers – Writ of summons, statement of claim
a. Sets out material facts related to client’s claim, and what he/she is asking for in terms of
relief.
b. Go through it with the client and ensure that he/she is satisfied with the way the claim is
being made.
c. In the past, have to select the correct writ of summons or court would not even hear
matter.
5. Case is filed in court and the process begins. Entire process may take 1-1.5 years
4 Modes of commencing an action

• Writ of Summons – for proceedings in which a substantial dispute of fact is likely to arise.
• Originating Summons – for proceedings concerning only a dispute of law.
5 Reason why few matters actually reach open trial:
• Summary judgment
• Striking out application (plaintiff’s case dismissed without need to go to trial)
• Originating summons
If there isn’t a way to give the judgment practical effect, there would be no use in obtaining a judgment to
begin with.
6 Originating Summons Process
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• Originating summons process (3-4 months: Much shorter process than writ of summons) – used
when there are no disputes in fact which require cross-examination etc.
o For example, disagreement regarding contractual term – question of law, and not of fact.
o In such cases, client would submit affidavit in support setting out background and other
documents; other side would submit reply affidavit, setting out the background from their
perspective.
o Matter to be heard by judge 2-3 months from when affidavits were filed.
• Tends to be decided by judges in chambers, as opposed to open trial (where public can attend).
Only parties involved in case will attend.
7 Ancillary applications
• Injunctions – to direct or enjoin the other party to refrain from doing something or to do
something to prevent the party from suffering further/future damage before the matter is
adjudicated by the court.
o Where parties are given notice (in parte)
o Or ex parte
• Mareva injunction – Prevents the parties from dissipating assets. If the party succeeds, successful
litigant will have nothing against which to enforce the judgment.
• Anton piller order - a court order which requires the defendant in proceedings to permit the
plaintiff or his or her legal representatives to enter the defendant's premises and search & seize in
order to obtain evidence essential to the plaintiff's case. Prevents defendant from hiding or
destroying documents
• Application for security for costs – to ensure that plaintiff can pay defendant in the event that
he/she is unsuccessful.
• If one party feels that the other party has given inadequate discovery of documents – can apply for
discovery of documents
8 Duty of a lawyer
• Goal of a legal system is for justice to be achieved
• Role of a Lawyer to ensure access to justice – irrespective of the financial means of the person
seeking justice.
• There is a need to balance between law
o (1) as a business, like any other profession, where lawyers operate for the purposes for
making money, and
o (2) their public duty, as officers of the court, to offer their services, on a reasonable basis
(in terms of time available to them) to people who need it.
9 Civil Trial Process
There is a huge overlap with the first summary done by Cavinder Bull SC
Don’t think they will test the step by step process… at your own risk
Only a small number of matters make it to trial. Assuming that the matter reaches trial, the trial will effectively
be divided into two halves.
First Half: Evidence-in-Chief/Plaintiff’s Claim

• Opening Statement is given:
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o Relevant facts and evidence, law applicable to his claim, reasons why there is no applicable
defense
o Call witness to stand, witness will confirm that the affidavit is his sworn testimony, and then
the witness will be cross-examined by Defendant
o Plaintiff will conclude his case
Second Half: Defendant presents his/her Case

• After the plaintiff’s case, the defendant will open his case by presenting his opening statement
(summarizing what defenses are, giving the court an idea of what evidence witnesses will give
• Witnesses will take the stand and confirm that their affidavits are sworn testimony
• Witnesses will be cross-examined by the defendant’s lawyer.
• Defendant concludes case
This would be the end of the evidential phase of the trial.
After the evidential phase:

• Court will then hear submissions from both counsel, who will attempt to persuade court of the
strength and veracity of client’s case with reference to the evidence adduced by the witnesses.
• Judge will give judgment on the spot, usually if the case is uncomplicated and the evidence adduced
clearly favours one party or another.
• Court can order parties to exchange written closing submissions which will be by the judges (usually
will give their judgment in due course) – written judgment, parties will be notified when judgment is
ready.
Judgement
Judgement will also be converted into some form of monetary compensation.
• Amount of damages proportionate to harm suffered by plaintiff. Usually monetary. Or equitable
remedy – e.g. returning property to rightful owner. Court will only order equitable remedy if
common law remedy is deemed insufficient.
10 Post-Trial Process
If the Defendant is unwilling/unable to pay the judgement amount:
• Court can enforce judgment through writ of seizure and sale through sheriff (enforcement officer of
the court).
o Will enter premises/house of the debtor and can seize moveable property belonging to
debtor.
o Debtor has 7 days to pay, or the items will be sold or auctioned off.
• Garnishee proceedings
o When judgment debtor owes debt to third party. Garnish the salary of the judgment debtor.
• Bankrupt the judgment debtor (extreme move, typically when judgment debtor is unable to pay)
o Assets will be assessed, decisions will be made as to how many assets can be given. Impact
is significant – even though only a very small amount of debt may be paid, the debt is
considered discharged.
o The bankrupt will then begin on a blank slate. – May not bring satisfaction to the creditor,
thus only viewed as a last-minute resort.
• When choosing to sue a defendant à sue in Singapore or elsewhere? (Practicality of enforcement)
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11 Costs:
• Costs are typically awarded to the successful litigant
o Lawyer’s fees
o Court Fees (Costs to the court which must be paid every time a document is filed, hearing
fees etc.)
§ Could amount to $40k depending on issues in the case. E.g. scientific evidence tends
to be more costly. Doesn’t seem fair to only receive damages, and not be
compensated for costs.
• Winning party gets costs from the other party;
o i.e. other party has to pay certain amount of costs (as assessed by the court) which he/she
will pay to the lawyer.
o Typically, this is less than the ACTUAL amount which has to be paid by the lawyer; but at
least he/she will receive a portion of the costs from the losing party.
• Litigation tends to be extremely costly for the losing party; taking a case to court is very risky and
that is why mediation is such an important consideration now in the court process.
o Costs are compensatory in nature. You can never be paid more costs than what you actually
have to pay the lawyer. There can be no “profit”.
• Court might order indemnity costs – e.g. if the party is very unreasonable. On an exceptional basis,
the court may order full costs. (Usually, the costs received tend to be a little bit less than what has
to be paid to the lawyer. This is part of the system).
• Interlocutory injunctions and applications
o Application for security for costs & other types of applications (e.g. injunction)– May be able
to receive costs immediately. Fees paid to lawyer will be immediately payable.
o Court usually orders costs to be assessed at the end of the trial.
o Give the Registrar all the items for costs, including solicitor’s bills. Registrar will decide what
is fair in the circumstances to determine costs. (This is known as taxation).
• Proportional costs:
o E.g. Calling 5 expert witnesses - $20,000 each. Disproportionate to the amount of the claim,
which is lonely $100,000. Registrar can say: You didn’t need so many expert witnesses, since
they all said the same thing – May only allow costs for one witness.
o Court recently established principle that costs have to be proportionate to the amount of
the claim
Topic 10: Appropriate Dispute Resolution (ADR)

Tutorial Questions:
1. “ADR is a blight. Resolving cases outside of the legal system means that justice is circumvented and the law
ceases to be developed.” Discuss.
2. What criteria would you use to determine which form of dispute resolution (litigation, arbitration,
mediation, negotiation) you would use for your client?
3. “Requiring lawyers to refer matters to mediation is unrealistic. They stand to earn more through litigation.
Why should we accept them to act against this interest?” Discuss.
4. “Mediation is the province of lawyers and parties with a weak case.” Discuss.
No. Quick Facts

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1 Roots of ADR
The roots of ADR came from the Pound conference in the US.
• Increasing dissatisfaction with litigation as a method of dispute resolution
o Costly, excessively long and did not necessarily bring sustainable and successful outcomes
o Outcomes of litigation may be unclear as it is subject to the uncertainties of evidence and the
vagaries of the law
• Conference highlighted the ned to look at these ADR methods
o Arbitration, Mediation and Negotiation
2 Arbitration, Mediation and Negotiation
• Takes place at the individual-individual, individual-state and state-state level.
Main Differences between Litigation v ADR

• Financial Costs and Length of Hearing
• Differences in Dispute Resolution Paradigm
• Flexibility and Formality of Procedure
• Cultural Considerations
o Adjudication is a construct of western culture and values
o Chinese, Malay and Indian cultures prefer negotiation over litigation.
o We have adopted the western constructs, but we should at the same time, acknowledge the
importance of our cultural preferences and incorporate it into our current adversarial
approach.
Advantages of Litigation
• A form of social ordering by benchmarking what is acceptable and unacceptable behavior
• Legal framework within which parties can negotiate/mediate their dispute
• The privacy and lack of precedential value of ADR process may prevent the public from understanding
the relevant legal and social issues
o Hinder the development/reform of law in that area due to lack of information
3 Arbitration
Features of Arbitration
• Cannot utilise arbitration or litigation at the same time à both are aimed to achieve the same
outcome
• All disputes involving a public interest cannot be brought to Arbitration
o Cannot arbitrate a criminal case, family dispute or constitutional dispute, etc.
o Only when the dispute involves 2 people and there is a presence of a contract
o Most cases are commercial disputes
• Usually Arbitration takes place for highly specialized industrial/commercial areas like
oil/gas/shipping/aviation industries, etc.
o Industry experts can be brought in to give advice and judgement on these specialized areas
• All arbitration derives from an arbitration agreement
o An agreement to settle disputes outside of the courts
o Typically, it will be written as: “Disagreement shall be governed by XX Law” à which would
facilitate the decision-making for what rules/laws to follow during the tribunal
o However, parties can also include clauses that require arbitration to be judged based on
morals, good sense, justice and equity, etc.
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• Appeal for Arbitration can only be awarded if:

o The result has given an award that is not aligned with the institutional rules that are agreed
on OR
o There are suspicions of the arbitrator ruling unfairly/corruption
4 Similarities between Litigation and Arbitration
(a) Both are Adjudicatory processes
a. Litigation: Judges (or a panel of judges), Arbitration: Arbitrator (or a panel of arbitrators)
(b) Both utilise the legal rights paradigm to resolve dispute
a. To examine whose rights were breached
b. To restore rightful position in legal terms
(c) Both offer certainty
a. Involve judgement/award which parties must comply with
(d) Both can provide similar results
a. Arbitration will render an award at the end of the arbitration trial
b. The award can be brought into any country that has the International Arbitration Law à
converted into a judgement/order of the respective country’s court
(e) Both look backwards to determine fault/culpability.
5 Differences between Litigation and Arbitration
(a) In the past, arbitration used to be primed for being faster and more efficient than litigation
a. However, it is untrue à ultimately being an adversarial process, arbitration can drag for up
to 10 years.
(b) Ability to choose tribunal
a. Arbitrating Parties can make a choice of their panel of arbitrators
i. Both sides have to be agreeable
ii. Including subject matter experts or legal experts
b. Arbitrators are paid by the Arbitrating Parties – basically contracting your own court
i. Unlike Litigation, where it is the sovereign role of the state
(c) Less Formalities and Rules in Arbitration
a. Very few rules that are mandatory in Arbitration
i. Only one fundamental rule of procedure à Procedural Fairness (defined in very
broad terms)
b. Arbitrating Parties/Tribunal can choose or omit anything from Civil Procedure
i. Parties can provide preference on the way they want the tribunal to be carried out
OR
ii. Tribunal can use their own experience to suggest the best way to deal with a
particular type of case
c. There are no official rules for Evidence in Arbitration
i. Evidence Act is expressly excluded from Arbitration in Singapore
(d) Arbitrators can judge based on Equity, Justice and Morals, instead of Legal Rules
a. Can make use of soft laws
i. Based on best practices and endorsed by institutions
ii. E.g. Soft Law Rules set out by International Bar Association
b. Can make use of a certain set of rules agreed upon by both parties
i. Note that judgement can be null and void if not based on this
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c. When choosing civil procedural law, to ensure certainty of tribunal, parties will usually take
adopt a set of rules set out by arbitration institutions (like the Singapore International
Arbitration Centre, etc.)
(e) Arbitration can be kept completely separate from the Legal System
a. Arbitration maintains confidentiality
i. Gives business the avenue to handle legal cases, but kept secret
b. Litigation is done in open court
i. To ensure that courts are kept abreast of these developments in the law
(f) Voluntary to the extent that parties can contract to refer a matter to arbitration.
6 Sources of Arbitration Services
(a) Singapore International Arbitration Centre (SIAC)
a. To develop Singapore as a centre for arbitration of domestic and international disputes
(b) Industry-Specific Providers
a. Shipping and Construction have specific arbitration bodies (conduct trainings, maintain
panels and administer own arbitration sessions)
(c) Statute-Based Arbitration
a. Industrial Arbitration Court – set up under Industrial Relations Act
b. Tenants Compensation Board – set up under Controlled Premises (Special Provisions) Act to
hear dipsutes between landowner and tenants
(d) Singapore Institute of Arbitrators
a. Complementary Organisation to SIAC
b. Provides training and accreditation for all professionals interested in becoming arbitrators
(e) Private Service Providers
7 Singapore International Arbitration Centre (SIAC)
Established in 1991 with the help of the Trade Development Board and the Economic Development Board (to
develop Singapore into a hub for arbitration of domestic and international disputes.
• Has its own set of rules which were revised and relaunched in light of the International Arbitration
Act (Modeled after the UNCITRAL Model Law on International Commercial Arbitration)
Trends and Future Development

• At the beginning, the trend was that foreign parties would bring own lawyers to Singapore for the
cases
o However in recent years, a distinct trend has emerged à 2/3 of the cases in the SIAC are
handled by local lawyers/local law firms, regardless of the what law the arbitration is based
on
o Local firms have embraced International Arbitration
• SIAC’s largest customer is India, who now prefer coming to Singapore than going to London.
• Singapore is hoping to make the SIAC a one-stop centre for arbitration.
• The next step would be to extend services overseas à International Parties engaging Singaporean
lawyers to represent them in arbitration overseas
8 Mediation
There was a modern mediation movement in the early 1990s.
Features
(a) Presence of a Mediator (3rd Party) to assist in the process
a. Parties become stakeholders in the process
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b. Both parties play a greater role in coming to the solution for their dispute
c. Enables parties to have a better outcome
(b) Informal and flexible – no rules of procedure and evidence, although there is a standard process which
the mediator (3rd Party) follows
(c) Adopts dispute resolution paradigm of problem solving
a. Does not look at rights and duties
b. Looks at the practical interests of the parties and seeks an agreement which meets as many
of these interests as possible.
(d) Looks forward
a. Settlement agreement can take into account extralegal considerations such as business
prospects, relationship between parties, etc.
(e) Aims of Mediation
a. Improve Relationship and Sustainable Outcomes
(f) Mediation typically ends up with a settlement agreement which represents parties’ interest and is
legally enforceable
a. This agreement can be converted into a consent order, which has the force of a court order
(judgement)
b. It can also be enforced overseas (based on the rules overseas and on the rules of overseas
judgement)
c. When there is breach of this agreement, once it is a court order, you can obtain damages
without bringing a new claim.
d. More generative and creative solution
(g) Types of Mediation
a. Facilitative – cooperative model where agreement addresses the interests of both parties,
the mediator will facilitate the interest-based negotiation by assisting exchange of
information, clearing up miscommunication and generating options
b. Evaluative – overlaps with competitive model where mediator (often legally trained) will
consider the facts/issues and provide an evaluation of the likely outcome which is used as a
basis to persuade parties to come to a compromise
c. Transformative – mediator empowers parties to resolve the disputes themselves by
encouraging them to recognize and understand the various perspectives
(h) Confidential Process (similar to Arbitration)
9 Differences between Mediation and Arbitration/Litigation
(a) Whereas arbitration and litigation are adversarial processes, mediation is amicable
(b) The 3P Mediator in Mediation does not play an adjudicatory role, unlike in Litigation and Arbitration
a. Instead, he/she facilitates the process of negotiation between the parties and does not offer
opinion/solution between parties
b. Sometimes, mediation is referred to as “facilitated negotiation”
c. Mediator does not have power to impose outcome on party
(c) Mediation is voluntary. Parties engage in the mediation process because they want to, hence
settlement agreements are more likely to be sustained.
a. Arbitration and litigation are non-voluntary processes – i.e. once a case has been brought
against them, no choice but to enter the dispute, if not a default judgment may be entered
against them
(d) Mediation is faster and cheaper (weeks compared to months/years for arbitration/litigation)
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(e) Settlement agreement is able to address parties’ long term needs

10 Requirement of Mediator:
• Crucial to undergo mediation training to introduce concepts and techniques of mediation
• Mediator must have understanding of processes and reasons for disputes + specific techniques and
skills and communication and refraining
Role of Mediator:
• Primary Function:
o (1) Procedural
o (2) Communicative
o (3) Substantive Process Checker
• Substantive Role
o Examine, analyse and challenge positions
o Help parties generate options which satisfy their needs
o Craft a substantive and lasting agreement resolving the dispute
• Set tone and agenda by establishing nature of conflict, identifying issues and promoting resolution of
dispute
• Maintain balance between being an observer and a dictator of proceedings
• Call for breaks to diffuse tension
• In cases where there are differences in culture, background or expectations, Mediator must act as
translator between parties
11 Role of Lawyers in a Mediation
As Counsel
(a) Have to prepare the client in terms of understanding the process
a. Full understanding of interests, constraints and capabilities
b. Assist client in understanding rationale and process of mediation
c. Ensure that client does not unwittingly agree to detrimental terms
(b) Take note of proposals made during the mediation
a. Cannot adopt a one-track mind, and lawyers must take many alternatives into account
As Mediators
(c) Lawyers can also be mediators. Things to take note:
a. Neutrality: A mediator must create a conducive environment for parties to communicate.
Must allow them to understand each others’ positions and create space for discussion
b. Cannot pre-judge
c. Must be non-combative and hold back from putting forth your views in the dispute, which is
a natural tendency if you are a trained lawyer.
(d) Advantages of a Lawyer being a Mediator
a. Legal training and Substantive knowledge of the law
b. Well-respected by layperson + Experience in handling human affairs
c. Appropriate use of language in reframing and diffusing tensions
12 Brief Mediation Process
(a) Mediator presents opening statement explaining role and mediation process
(b) Mediator lays down ground rules and establish parties’ willingness to settle Information Gathering
(c) Parties present their side of the story
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a. Mediator gathers factual and emotional matrix surrounding dispute + ascertain initial
positions of the parties
b. Elicit further information by asking questions about needs, interests, concerns and priorities
i. May do this in private session in case of sensitive or confidential matters
(d) Issue Identification, Framing, Agenda Setting
a. Identify issues in the dispute, framed neutrally and endorsed by parties
b. Put a larger frame around issues by focusing on common interest of parties
c. Clarification and Exploration of Issues
i. Exploring thoughts and feelings of issues identified
13 Where Mediations take place
• Singapore Mediation Centre (SMC)
o Provide mediation services for commercial disputes, family disputes
o Has a 75% success rate
o Disputes can be referred via:
§ Subject to pending proceedings in the High Court, the registrar at the pre-trial
conference will advise parties the availability of mediation services
§ Parties make a request to SMC
• Under Court System
o State Courts Centre for Dispute Resolution if court proceedings have already begun
o Under
§ Family Court – Suited to family disputes with emotional issues
§ Small Claims Tribunal – balance on the agreed settlement
§ Juvenile Court – juvenile offender to guide process of re-integration
§ Magistrate Court – neighbourly disputes
o Family Resolution – For cases without children
o Child Focus Resolution Centre – For divorcing parents with kids under 21
o Primary Dispute Resolution Centre (previously known as Court Mediation Centre) – provides
Court Dispute Resolution
• Community Mediation Centres
o Provide mediation services for Family, Social or Community Disputes
o Encourage public to resolve disputes amicably
o Mediator typically are community leaders or professionals from fields of Law and Business,
etc.
• Private Mediation – Parties agree on their own mediator and it takes place at a location generally
neutral to both parties
14 Singapore Mediation Centre
• Created in 1996, starting commercial mediation in Singapore
• Later, Community Mediation Centres were set up
o Eg. To handle racial disputes, disputes that took place in the community
• New Regulations
o Compulsory Mediation for Divorce Cases
§ In divorce cases, if mediation cannot bring any result, the mediator will give a
certificate to show that mediation could not solve the dispute
• Difficulties:
o Mediation will be challenging for emotional issues
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§ When handling issues like children in a divorce, it would involve more complicated
factors
§ However when handling monetary issues, it would be easier to resolve in mediation
due to less emotional connection.
SMC launched the Asian Mediation Association

• Promote mediation in Asia
• Facilitate sharings of resources, best practices and local knowledge
• Provide infrastructure for regional dispute resolution to support cross-border investment and trade
activities in Asia
15 Singapore International Mediation Centre (SIMC)
• A settlement agreement agreed under SIMC can be implemented overseas.
o In countries who have signed the Singapore Convention on Mediation
• Focus on attracting international mediation work and work closely with SIAC
• Creation of Singapore International Mediation Institute – set standards for mediation in Singapore à
Accreditation, Education and Discipline.
16 Negotiation
Features
(a) No intervention by neutral 3rd Party; Relies on an amicable approach, informal and flexible process.
(b) The parties, either directly or via their lawyers, voluntarily meet to resolve the dispute; parties are
stakeholders
a. Different from arbitration or litigation where control is ceded over to lawyers/adjudicator
(c) In the occasion of an agreement, subject to the general rules of contract law, it is enforceable.
(d) Confidential and inexpensive process
(e) Parties in a contractual relationship can contract for negotiation to take place
a. If there is a contract for negotiation, but you do not discharge this obligation in good faith,
the court has the right to reject the claim and make sure that the parties undergo mediation
first before going to litigation.
b. This can be formalised to be done within a mediation centre like SMC, etc.
(f) Does not resort to strict legal rights of parties
(g) Two Modes
a. Competive: “win-lose” paradigm
b. Coorperative: “win-win” paradigm where the other party is an ally and valuable resource in
the neogitation
17 ADR2.0
Appropriate Dispute Resolution, not Alternative Dispute Resolution
• This suggests that for each dispute, there is the most suitable/appropriate kind of resolution method
(Multi-Door Framework)
o For cases with public interest element, it needs to be done through litigation!
o For other cases, mediation and negotiation will be attempted first.
§ Mediation and Negotiation are more appropriate when the concern is the
maintenance of relationship (instead of vindication of their rights)
§ They will also sometimes be brought to litigation à to flash out issues because there
is a need to develop the law in certain areas
• However, the Win-Lose Adversarial paradigm is deeply ingrained in the way lawyers are educated
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o Where lawyers are trained to dissect, analyse and criticize cases with the goal of winning
o Other party must lose
o Collaborative Resolution goes against the grain
18 Mediation in today’s context
Past Views
• Mediation was considered a second-weight option:
o Due to the view that there is more to gain from litigation
o The misconception that mediation only comes when the case is unlikely to be successful
(Nature of classic legal education is adversarial)
Mediation Today
• Satisfaction in reaching resolution for BOTH parties
• New Family Justice Rules
o Greater scope for mediation, like in divorce cases
o SIAC – linking more commercial disputes within Singapore and within the entire region
Reasons for Changes in Mindset

(a) Significant developments in legal education and training
a. NUS organized mediation and negotiation workshops
b. Over the years, more and more students were exposed to this form of amicable dispute
resolution
c. As part of admission to Singapore Bar, all students are exposed to amicable dispute resolution
d. Continuing education initiatives, e.g. by the SMC
e. Targeted not just at the legal industry, but also in other sectors
f. Raised public’s awareness of mediation, profile of mediators etc.
(b) Lawyers have a duty to their clients to explore and consider the full range of dispute resolution
options available, including mediation
a. Enable clients to make an informed position on how best to proceed
b. Jonathan Lok v Jessiline Goh: Disagreement about the amount of disputed disbursements of
a very small amount. Ultimately, led to legal fees in excess of $100,000 (brought all the way
to the Court of Appeal). CA was extremely critical of this outcome and discussed the lawyer’s
duty to discuss the consequences of clients’ choices and the range of options available
(c) Court-based initiatives promoting the use of mediation
a. Introduction of ADR form, which encouraged clients and lawyers to have a meaningful
discussion regarding ADR options available
i. Discussing the risks and costs of litigation when all issues in the dispute have
crystallised
b. Introduction of presumption of ADR
i. Automatic referral of all civil cases to ADR, unless parties choose to opt out
c. Amendments to cost-sanctions provisions of the rules of court
i. Take into account the parties’ conduct in relation to their responses to different
means of dispute resolution in the award of costs
ii. E.g. Unreasonable refusal to partake in mediation/lack of good faith efforts to engage
in mediation – will have an impact on the amount of damages they can receive
d. Establishment of Primary Justice Project
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i. Intermediate step between self-help and the commencement of legal proceedings in

court
ii. Afford parties the opportunity to resolve disputes expeditiously, cheaply and
amicably.
iii. Where appropriate, Primary Justice lawyer can also help parties to engage mediator
to facilitate dispute resolution
Difficulty in Establishing Mediation

• Singapore is fairly litigation centric
• Wasted resources due to duplication of effort if mediation fails
• Lawyers are resistant to mediation because the nature of classic legal education is on the adversarial
process (also less financially practical)
o However, lawyers must always act in the best interest of the client and cannot choose a court
of action (litigation) just because it is more financially advantageous to the lawyer
o Clearing appropriate cases through mediation can also allow lawyers to take on new cases,
some of which would be appropriate for litigation
19 Hybrid Solutions
• Med-Arb
o Mediation is undertaken first. When settlement is found to be not possible, the process will
be converted to Arbitration.
• Neutral Evaluation
o Mediator provides an estimate of the parties’ likelihood of success at trial. This is not binding,
but parties can use this method to determine more realistic methods to achieve their aims,
etc.
20 Future Developments
• New Recommendation: Mediation Act
• Make impact in International Scene
o Mediation market opening from domestic to international (like Arbitration)
§ Provider of Mediation Services and Training Facility
§ Institutional and Thought Leader
o Creation of Singapore Convention on Mediation
• Maintain institutional alliances and make new strategic ones
o Exemplified by Asian Mediation Association
• Need for professionalisation of mediation and its related industries
o Currently, mediators generally volunteer
o Rise of mediation advocates who are either lawyers or trained in mediation
• Collaboration of ADR methods: SMC, CMC, SSDRC work together
Topic 11: Access to Justice

Tutorial Questions:
1. What does access to justice mean?
2. What is meant by statements by Parker that ordinary systems of ethics are not that relevant to adversarial
advocacy and responsible lawyer orientations, but that moral activist and ethics of care orientations are
bound by ordinary systems of ethics? Is this correct?
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3. Of the four lawyering orientations, which are allowed in Singapore, and can they be accomplished? Do you
agree with Thiruvengadam & Rajah’s evaluation of cause lawyering in Singapore?
4. What is the right balance of pro bono and government legal aid? Is civil or criminal legal aid codified in
Singapore? If not, how does the use of policy as opposed to law affect access to justice?
No. Quick Facts

1 Access to Justice refers to ‘access’ to:
• Court procedures
• Legal information
• Legal representation
• Alternative dispute resolution
Access to Justice is characterised as the hallmark of human society à a basic human right for all citizens. It
is necessary for the law to function for the whole spectrum of people in society.
2 Waves of Access to Justice
(1) Legal Aid
a. Government-funded Legal Representation
b. Legal aid greatly expands ability of lower income persons to get meaningful access to
justice.
i. However, cost of legal aid has become increasing issue with many governments
cutting back on legal aid funding.
ii. Also, Legal Aid cannot effectively all disputes that people face on a day-to-day
basis.
c. Singapore not willing for this entirely:
i. Initially, Singapore felt that prosecuting a person, but providing the accused with
legal aid would be contrary to their stand and distort the legal sytem
ii. Civil Legal Aid was provided, but Criminal Legal Aids only introduced in 2010s
(2) Public Interest Law (Cause-Lawyering)
a. Lawyers target change in formal legal system
i. Make arguments against certain laws – saying that these laws are onerous and
unconstitutional
1. This will require judges to follow through with these arguments and
potentially vindicate them through the court process
b. Collective Action by Lawyers
i. Law Society (In many countries, they act as the voice of the law community)
1. To give comments and feedbacks on current legislations
ii. Sueing in a Class Action, where a few claimants represent the interests of a larger
group
(3) Informal Access to Justice (ADR movement)
a. Can take various forms in judicial realm – typically through processes that are less formal
than traditional judicial tribunal
i. Eg. A Labour Tribunal and Small Claims Tribunal in Singapore
ii. Eg. Existence administrative courts in other countries
b. ADR
c. Alternative Criminal Sanctions
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i. Instead of bringing to court, it can be decided for the accused to do community

work order to give them a second chance
(4) Reform of Legal Services Market
a. In the past à Regulation in many countries restrict the “giving of legal advice” to lawyers
admitted to the Bar. Not adhering to these rules – could constitute criminal offence
b. Current State à Persons other than lawyers can provide some legal services
i. Many banks/insurance companies have machines that can churn out wills, without
having to go to lawyers
3 Ecosystem of Actors for Access of Justice

a) Parliament which is promulgating fair and just laws
b) Law Schools/Legal Education – clinical courses to support access to justice
c) Law Society –
a. Law Awareness Programmes, Community Legal clinics + Pro Bono services office
b. Coordinate pro bono efforts of lawyers and current pro bono schemes
c. Expansion of current schemes
d. Look into new schemes
d) Competent bar (lawyers) and Judiciary
e) Legislative Provisions for state-funded legal aid
f) Government providing state-funded legal aid
g) State Courts – have made access to justice one of their key missions
4 Lawyers
• In the Legal Profession (Professional Conduct) rules, Access to Justice is identified as one of the
main tenets guiding lawyer’s behavior.
• This can be done so through Lawyers making themselves available to:
o Do legal aid
o Mandatory pro bono systems/mandatory reporting etc. – where both the state and the
lawyers come into play
o Support initiatives by the Singapore Academy of Law, support Singaporeans doing pro
bono work, engage in pro bono work etc.
• Moral Obligation to provide aid to those who require legal help
• Good to start as early as possible (Altruistic and Practical Benefits)
o Gain soft skills, and gain technical exposure early
o Through CLAS, you are able to get a substantial amount of air time in court
5 Lawyering Orientations
These are the general approaches that lawyers take in the practice of the law. These shape exactly what
their contributions are.
A and B are based on and given effect to the current boundaries of the law:
a) Adversarial advocate
a. In many countries, it is seen as the zealous advocacy for clients à the principle to forward
the client’s interest regardless of what actions are required to be taken for this
i. Usually only justified in criminal defence advocates
b. This would see general moral theory as irrelevant and combines “principle of partisanship”
and
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i. Lawyer should do all for the client that the client would do for themselves
c. “principle of non-accountability”
i. Lawyer not morally responsible for either the means and ends of representation.
d. Not encouraged in Singapore – Courts do take a strong stance against this on certain
occasions.
i. SGCA – Jonathan Lok case
e. In SG, it is recommended the duty to the court prevails over the duty to the clients.
i. There is a greater priority to reduce taxpayer’s money and use of the courts than
to fight relentless for the clients with whatever measure it takes
ii. There is a morally ethical obligation that lawyers should look at what is the
appropriate method (ADR or Litigation, etc.)
b) Responsible lawyer
a. Balances duties to clients with duties with others
b. Practice of Law as a “public profession” where lawyers have a mediating function between
the client and the law
c. Aligning to the spirit of the Law
i. Procedural Fairness (More common)
1. Do not unnecessarily delay the court or delay the other side (Candidness
and Forthcomingness)
ii. Spirit of Substantive Laws
C and D are guided by their pursuit of things outside of the current legal system:
c) Moral activist
a. Argues that lawyers should do good according to general theories of ethics
b. Improve social justice by undertaking particular cases and forwarding a cause in Court
(Public Interest/Cause Lawyering)
c. Follow general theories of morality
d. Lawyers would usually takes cases which are likely to bring about social justice AND satisfy
the client’s individual claim
d) Ethics of care
a. Emphasises integration of personal ethic with legal practice à more concerned with
personal and relational ethics
b. Preserve relationships and prevent harm to relationships
i. To approach ADR instead of directly going towards Litigation
ii. Looking at Law as to facilitate harmony and friendly results
c. Collaborative law practice; emphasises amicable dispute resolution
6 Jothie Rajah & Arun – “Cause Lawyering in Singapore”
Cause Lawyers VS conventional lawyers

• Conventional lawyers
o Provide services to highest bidder and
o Focus on merely providing professionally competent service
• Cause lawyers see themselves as
o Reconnecting law and morality
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Features of Cause-Lawyering in Singapore

• Article suggests that Singapore is a peculiar lawyering space, where Cause lawyers have been
punished for challenging the hegemonic state.
• As a result, lawyers who seek to further causes in SG tend to avoid courtrooms and public
advocacy and instead mute their involvement by occupying civil society spaces in the way non-
lawyers do
Cause-Lawyering in Singapore
• The following reasons have caused Cause Lawyering to be masked/absent
• Operation Coldstore established 3 thematic pillars of SG political life
o State’s capacity to deploy detention without trial against political opponents
o State’s capacity to characterise political opponents as threats
o State’s capacity to characterise critique as a form or political opposition endangering the
‘nation’
• Mass Media heavily regulated
7 History of Pro Bono

• Prior to 2007, Pro bono was being undertaken by lawyers but it was unstructured à Lawyers had
to mobilise themselves
• 2007: Office of Pro Bono services started
o Ability to set up new schemes
o Helps to concentrate lawyer’s efforts
o Involvement of Students
• Law Society, Ministry of Law and Courts collaborated to improve professional engagement for Pro
Bono work.
8 Problems faced by young lawyers for Pro Bono

(a) Balancing Boss’ willingness for Pro Bono vs Undertaking Pro Bono work
a. Some bosses may understand and even participate in Pro Bono, while some might be more
concerned on meeting billing targets
(b) Picking up Skill Sets
a. Having to pick up skills in your own work area + in Pro Bono cases
(c) Language and communication barriers
a. Having to communicate with Pro Bono clients who do not speak English and Chinese well
(d) Appreciation of work
a. Not everybody is appreciative of your Pro Bono work
9 Role of Students in Pro Bono

• Under Legal Professions Act, students face restrictions as to what they can do:
o Cannot advise or represent clients
o Can provide assistance to lawyers doing pro bono
§ Taking down queries, statements for reports, doing research
10 Legal Aid vs Pro Bono
There has always been a tension as to where state funded legal aid should stop and where pro bono should
start
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Legal Aid à Refers to government-funded legal representation for those in need

Pro Bono à Refers to Lawyer’s provision of legal services free of charge to indigent persons or organisations
serving these persons
11 Brief History of Legal Aid

1. Before 1956, there was some form of legal-aid infrastructure.
• During Straits Settlements period, any poor person (Property<$100 in value) could apply
for permission to sue as pauper
• There were provisions to exempt poor persons from paying Court fees
2. Legislative Assembly enacted Legal Aid and Advice Ordinance 1956 which set up foundation for
establishment of Legal Aid Bureau in 1958.
3. After 1965, SG had to grapple with problems of nation building and economic re-structuring and
thus legal-aid was accorded lower priority
4. Hence, basic framework for dispensation of legal aid was largely unchanged till 1995 where
Parliament took action to rectify some of the operational difficulties by amending certain key
provisions in the original Act
12 Advantages for Legal Aid
It is powerful to obtain legal aid – because you have certain procedural advantage in court.
1. Obtain immunity from cost orders
2. State of Proceedings
a. Lawyers will be able to obtain 2-4 weeks to understand the case better (more lenient
towards these cases)
13 Statutory Framework for Civil Legal Aid
• Framework of Legal Aid and Advice Ordinance 1956 (now known as Legal Aid and Advice Act) was
created for the provision of legal aid for civil cases.
• Originally, there was a part 2 of the Act which allowed for aid to criminal cases as well.
• In 1995, Legislature underwent significant revision on the Act
o Parliament deemed that it would be ‘paradoxical, incongruous and inconsistent’ that
public funds should be used to defend Accused when it is the State which has decided that
he ought to be charged in Court.
o Exception is where life is involved and for capital cases
14 Legal Aid Bureau
• Civil Legal Aid was administered by the Legal Aid Bureau
o Set up to provide legal aid to those who could not afford it
• 2 roles:
o Administer Legal Aid and Advice Act
o Provide legal services for those who are admitted into the legal aid scheme
• Funded by Ministry of Law budget
• Staffed by Legal Professionals in the Legal Service and Paralegals
Hybrid Model
• In other jurisdictions, there were 2 delivery modes for legal aid
o Compensated private counsel mode (England)
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o Salaried staff attorney mode (United States)

• SG uses a Hybrid Model.
o Legal officers in Legal Aid Bureau are salaried public servants, but Act also allows for
Bureau to enlist services of private practitioners
§ Note: No requirement for legal officers working at Bureau to hold practicing
certificate or to have been admitted to the Bar
o For Private practitioners,
§ These professionals must have been called to the Bar
§ Apply + State the course of work he prefers
§ Under the Act, lawyer is able to receive money for services he has rendered to the
Bureau (but usually much less)
15 Legal Aid Board

• Act stipulates that all applications for legal aid have to be tabled for consideration by the Legal Aid
Board (LAB)
• Processing of applications is assigned to legal officers at the Bureau who will prepare opinions and
recommendations for consideration by the LAB.
• LAB consists of Director and at least 2 private practitioners.
o LAB meet to decide whether aid should be granted, deferred or refused.
Role of Private Practitioners

• Appointed as independent members of the Board
• Most civil cases involving legal aid handled by legal officers of Bureau but certain cases with
exceptional circumstances may be assigned to private solicitors
o eg. Both parties apply for legal aid, conflict of interest would arise if Bureau acted for both
parties
16 Services Offered by Bureau
(a) Legal Advice
a. Any person can qualify if he cannot afford it in the ordinary way (no need for Certificate)
b. Comprising ‘oral advice on legal questions’
c. Usually includes advice on questions of Singapore Law and the practical steps to take
d. Only constraint imposed is that the scope of the advice rendered by the Bureau must
pertain to Singapore Law
(b) Legal Aid for Court proceedings (Legal Representation in Court)
a. Scope spelt out in 2 lists contained in the First Schedule of the Act
b. Available for appeal proceedings but applicant must file for another Certificate
(c) Legal Aid for Enforcement proceedings (Representations)
a. Enforcing any order or agreement providing for the recovery of any property (both
movable and immovable) for the benefit of the applicant
b. Money judgment: garnishee proceedings, writs of seizure and sale, charging orders,
appointment of receivers and committal orders
c. Judgments for possession of land or delivery of goods: writs of possession or delivery
d. Can use Certificate originally issued IF Board already included specific mention of
enforcement
(d) Legal Aid for Out-of-Court Settlements
110
a. Active move in SG to move away from litigation

b. Effort taken to persuade disputing parties to arrive at a just settlement instead of going to
court
(e) Legal Assistance
a. Drafting of various legal documents
17 Eligibility for Civil Legal Aid
• Means test – Whether Applicant’s Income and Resources qualifies for aid
o Allows Board to ascertain whether applicant is indeed too poor to pursue action
o Upper limits imposed on amount of financial possessions applicant can have in order to be
eligible
o Prior to 1995, means test adopted by SG was not linked to economic variables such as
basic wage or cost of living and the prescribed ceilings were not subject to periodic review
o There were attempts to address these issues in 1995 revision
§ Upward revision of scales employed in means test
§ Amended Act allowed Minister to introduce future modifications by way of
regulations
o At Bureau, means test is administered by clerical staff since procedure is relatively
straightforward
§ Applicant is entitled to free legal aid if his disposable capital and disposable
incomes are each less than $2000
§ Applicant is required to make contribution if disposal capital and incomes exceed
the $2000 ceiling but are each less than $7000
o Submitted that means test presently is still stringent despite revision to ceiling figures and
certain prescribed deductions
• Merits Test – Whether Legal Position of Applicant has sufficient merit

o Important as it ensures that public monies are not squandered on applicant who clearly
has no case
o Applicant has to show that he has reasonable grounds for pursuing action (reasonably
likely to succeed)
o Even if applicant has reasonable grounds, Director may refuse legal aid if it appears
unreasonable to him
o Act does not contain any provision for appeal by applicant who does not pass merits test
(unlike in England where appeals are permitted)
• Matters Test – Whether the applicant’s legal problem comes within set of priorities
• Special Exception
o New provision in amended Act empowers Minister to authorise Bureau to act for applicant
in any proceedings if deemed to be in the public interest
18 Provision of Criminal Legal Aid

In the past until 2013:
• In the review of the Act in 1995, Parliament found it paradoxical for ‘Government to both
prosecute and defend the same accused person”
111
• Exception that remains is the special availability of aid for capital cases
• Legislature has apparently decided that provision of such aid should be handled by volunteers
from legal practitioner community
• Civic-minded practitioners have voluntarily risen to the challenge to assume role not taken up by
the government
Updates in 2013
• Only in Dec 2013: Government announced that government would provide direct legal aid to
defendants in criminal cases
Legal Aid Scheme for Capital Offences (LASCO)

• LASCO aimed to provide legal aid to those who were facing capital offences, from murder or drug-
trafficking
• LASCO was government-started but it is mostly non-interfered by the government
• Under LASCO scheme, anyone facing capital charge is eligible to be assigned counsel by the state
free of charge.
o No means test or any other criteria are imposed
o Usually, involvement of two counsel – one to lead, one to assist
o Criminal legal aid because the assigned counsel are paid by the state
o Honorarium paid (quantum subject to discretion of Registrar) – but still generally voluntary
work because the amount paid is usually very little
Criminal Legal Aid Scheme (CLAS)

• Law Society has taken on responsibility of operating the CLAS for accused who do not have
financial resources at their disposal.
o Note that it is only for non-capital criminal law matters
• CLAS is funded by an allocated budget from the Law Society as well as donations from law firms
o Buy-in from other service providers, e.g. psychiatrists who offer their help for free,
accident and reconstruction experts etc.
• CLAS offers assistance for specific types of offences
o Applicants will need to document their savings, income and other assets etc. to ensure
they come within the means test
o Ensure that the person falls within the relevant criteria for CLAS (e.g. drunk driving does
not come under CLAS) – generally speaking, Penal Code offences
o Pro bono office will then make a decision as to whether to offer legal aid
o Other considerations, e.g. recalcitrant offender
o CLAS requires means and merits tests as well
o Eligibility tests drawn up by CLAS not as stringent as those contained in the Act for civil
cases handled by the Bureau
§ Means test – disposable assets and net monthly income of a married applicant
should not exceed $5000 and $1050 respectively. Corresponding ceiling for single
applicant are $3000 and $850
§ Merits test – accused must be seen to have a prima facie defence to the charges
levied against them.
• Look at the section below for changes after 2013!
112
19 ‘Enhanced Criminal Legal Aid Scheme Set to Provide Greater Access to Justice’, Ministry of Law Press
Release, 19 May 2015
Background: In 2013, Ministry of Law announced it would start funding criminal legal aid. There was also
the formation of Criminal Legal Assistance Steering Committee to oversee policies governing disbursement
of govt fund for criminal legal aid.
Note that CLAS would still be run by Law Society, with government providing bulk of direct funding.
Enhancements to CLAS in 2015

(a) Enhanced CLAS features 4 tiers of assistance, and will serve up to 6000 accused persons each year.
(b) Expanded range of criminal offences to provide aid to
(c) Give Assistance to applicants intending to plead guilty
Mechanisms to grow pool of lawyers

(a) Lead lawyers
a. Senior criminal law practitioners appointed as lead lawyers will provide basic legal advice,
assess the merits of a case and decide on level of aid to be given
(b) CLASFellows
a. Law firms will second or sponsor lawyers to work full-time at the Pro Bono Services Office
exclusively on CLAS cases
(c) Memorandum of Understanding
a. 22 law firms have pledged to take on more than 300 CLAS cases per year between them
Other features
• Enhanced means test will allow more applicants to qualify for criminal legal aid.
• Persons with disposable income and a disposable capital of not more than $10000 may be granted
aid
Topic 12: Singapore and the International Legal System

Tutorial Questions:
1. What are the main differences between the international legal system and a municipal legal system?
2. How does Singapore participate in the international legal system? What is the effect of Singapore becoming
a member of an international organization like the United Nations?
3. How does international law affect Singapore? How do international law rules become a part of Singapore’s
legal system?
4. Why is international law so important to a small state like Singapore?
Note:
- Important to know which organizations Singapore belong to
No. Quick Facts
113
1 International Law refers to the set of rules which are generally regarded and accepted as binding between
states. Fundamental tenets and principles still remain from traditions left behind from the 19th century.
2 Municipal Law is exercised within a single state, where the state can act quickly to legislate, and prosecute
lawbreakers with the help of institutions like the police.
Laws in Singapore are mostly municipal in their effect and operation,

• Effective within a limited domain, generally restricted by Geography.
3 Elements of the international law system is analogous to the municipal system:

• General Assembly of United Nations – Legislative
• International Court of Justice – Judicial
• UN Security Council/Interpol – Executive
However, these are but just parallels and we cannot expect them to act the same way as their counterparts
in the municipal system.
Therefore, states must (i) see the need for international law rules and (ii) agree to comply with them, even if
they might not fully agree.
It is important to note that Law treats all states, big or small, powerful or not, equally à thus International
Law is an aspect that is very important to small states like Singapore.
Who are the actors in International Law
• States
• Emergence of non-state actors in international law
o Independent status accorded to international organizations due to practical necessities
o Companies (have resources to pursue claims)
o Individuals petitioning human rights abuses to constrain abuse of gov power
o NGOs (experts in certain fields)
4 Sources of International Law
(a) International Conventions/Treaties
a. Essentially contracts between states: can be bilateral or multilateral
b. Parties consent to be governed by the terms of the treaty, just like parties in a contract
c. If there is a breach of treaty – there will be consequences
(b) International Custom/Customary International Law (CIL)
a. Practice of states, regarded as legally binding
b. E.g. No Torture/Inumane treatment
c. Peremptory norms – “Compelling law”: The rule is fundamental to international law (include
crimes against humanity, genocides, torture etc.)
(c) General principles of law recognised by civilized nations
a. Common to the municipal systems of most states
b. In the old days, international laws were typically drawn from municipal principles
c. 1968 Chorzow Factory Case – Obligation to make references
(d) Judicial decisions and the writings of the most highly qualified publicists
114
a. Decisions by ICJ or its predecessor, the Permanent Court of International Justice, and
various other tribunals established over time.
b. Technically, ICJ not bound by any previous decision of its own/any other judicial body,
though these are always taken into consideration where relevant
c. Highly qualified publicists = Scholars of International Law
Why do states comply

• In their interest to (hence they are only bound by what they agree to)
• CIL is made of rules that have an obligatory force (people do this naturally anyway)
• Maintain relations with other states, which has impacts on other areas (consistency on international
stage)
• These justifications less compelling for non-state actors
Enforcement measures
• No tribunal has compulsory jurisdiction
• sanctions
5 Treaties
• Can involve reporting requirements
o e.g. must report to the UN (Convention against all forms of discrimination against women –
CDAW), or reviews etc.
• Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) – UN
International Treaty
o These reporting sessions are VERY rigorous, and are taken very seriously by Singapore
o Written report – face to face “interactive dialogue”
o Committee will then issue a report on what each country has done
• Different from UN Human Rights Council – State-to-state
o Diplomatic space; questions can be less probing
• Signature, then ratification
6 International Legal Institutions
United Nations
• Established in 1945 in the aftermath of WWII to promote collective peace and security, promote
human rights, economic development, provide forum for international deliberation and dialogue
etc.
• Organs:
o General Assembly
§ Deliberative body
§ Involves all UN members
§ Decides on admission of new members/elects members to UN security council etc.
o Security Council
§ Responsible for promotion of international peace and security
§ 15 members – 10 elected, 5 permanent members with all-powerful veto power
• The 5 permanent members are US, China, UK, France and Russia.
§ Power to establish peacekeeping operations, impose international sanctions, and
authorize military action through its resolutions
115
§ The only body whose resolutions are binding on all other member states
o Economic and Social Council (ECOSOC)
§ Body for deliberation of global economic and social affairs
§ Coordinates work of UN’s numerous specialized agencies
§ 4 members elected by assembly
o Secretariat
§ Administrative arm
§ Supports work of UN and all its bodies
§ Headed by UN Secretary-general, elected by general assembly
o International Court of Justice (ICJ)
§ Judicial arm
§ Main dispute resolution body for UN’s members
§ Does not have compulsory jurisdiction over all members of the UN
§ Optional jurisdiction – States can choose whether to bring case to the ICJ
• E.g. Pedra Branca
7 Singapore’s involvement in the International Legal Scene
United Nations
• SG sought UN membership in 1965, 117th member on 21 sept of that year
• 1979, involved in WB, International Civil Aviation Org, International Labour Org, for mostly practical
reasons, things that aid SG
• Other than Asian-African Legal Consultative Committee (development of Int. law in general)
• Singapore has participated actively in the UN and many of its related organizations, bodies and
commissions, and even taken up key leadership positions in several instances
• In the 2001-2002 term, Singapore was elected to one of the non-permanent seats in the UN Security
Council
• Singapore has played a permanent role in UNCLOS
• Singapore actively participates in international conferences, making treaties or becoming party to
treaties.
o Bilateral (trade, taxation, services etc.) and
o Multilateral (e.g. Convention of the Rights of Persons with Disabilities, UN Convention of the
Law of the Sea, Convention against all forms of discrimination against women)
• Joined the United Nations Commission on International Trade Law (“UNCITRAL”); 3 UNICITRAL
Chairmen were Singaporeans over a 40-year period
• Elected onto the United Nations Committee on Contribution for the triennium 1989–1991
• IMO (International Maritime Organisation) Council
• hosted 2 World Trade Organisation (WTO) Ministerial Meetings (1996 and 2006)
• International Monetary Fund (IMF) and the World Bank;
• Established the IMF-Singapore Regional Training Institute
• Tharman served as Chairman of the IMF’s International Monetary and Financial Committee from 2011
to 2015
• Most significant contribution: initiating the formation of the Forum of Small States (FOSS), an
informal grouping of small states (population less than 10 million)
o Rational for forming FOSS: small states were often excluded from the inner sanctums of
negotiations; lacked in-depth information on what went on in the UN; and were
proportionally under-represented in the UN’s principal organs and specialized agencies
116
o FOSS’s scope of activities: platform for small states to support each other’s candidatures in
elections to the various UN and UN-related bodies and talks on international issues by
prominent academics or senior diplomats
• In 100 ICAO (International Civil Aviation Organisation) expert bodies
• Small-5, aimed at improving UNSC
• Global Governance Group (3G), bridge gap with G20
• Peacekeeping in Iraq-Kuwait conflict, Cambodian conflict, East Timor conflict
• Vietnamese invasion of Cambodia (then Kampuchea), Tommy Koh argued that Khmer Rouge
(Cambodian gov) to return UN seat was lesser of two evils than condone Vietnamese invasion
• Singapore Treaty on the Law of Trademarks (aimed at simplifying the registration of trademarks with
World Intellectual Property Organisation [WIPO])
• Pedra Branca
ASEAN and other organisations

• Member of ASEAN (Association of Southeast Asian Nations)
• Founded by Indo, Msia, Philipines, SG and Thai in Bangkok Declaration (8 Aug 1967)
• Brunei, Laos, Myanmar, Cambodia and Vietnam joined later (10 Members)
• Singapore has been one of ASEAN’s strongest advocates and supporters – promotes economic
growth, social progress, cultural development, peace and security in the region.
• Agreement on ASEAN Preferential Trading Arrangements 1977, Declaration on the Zone of Peace,
Freedom and Neutrality 1971
• Singapore has long supported the work of ASEAN and was instrumental in the final ‘legalization’ of
the organization by persuading counterparts to sign the ASEAN charter to establish it as a legal
entity
o International law does not lay down any rigid form for the establishment of an international
organisation. Its ultimate viability is dependent upon the will of the members and not on
legal form.
• Singapore is also the home to the Secretariats of the Pacific Economic Cooperation Council (“PECC”)
and the Asia Pacific Economic Cooperation (“APEC”)
• Singapore has been a permanent observer of the Arctic Council – The the opening up of new sea
routes potentially impacts Singapore as a transhipment hub.
• Member of the Commonwealth (former UK protectorates or colonies, with common legal system,
no constitution, queen is the head) and the Non-Aligned Movement (NAM)
8 Making of Treaties in the International Scene
For a small state like Singapore, it is important to be at the negotiations as early as possible.
• Collectively, states make international law. It is important to participate, in order to take part in the
changing of the law.
• **Decisions on the signing or accession to treaties is made by the Cabinet who will then delegate
the Ministry of Foreign Affairs to work out the technical details.
• **MFA has no legal division and works with the International Affairs Division (IAD) of the Attorney-
General’s Chambers
o Examine if it would bring changes to any part of our domestic law
o Examine if the legislation needs to be changed to comply with these terms.
117
o Where the treaties allow for something or require a declaration etc. – it would shape the
way in which the country chooses to become a member of that treaty
• Other considerations
o Nature of the consent that the state is given
o Timing of the act of consent
§ If the time for signature/ratification typically has closed, states have to accede to
treaty. This means that the state becomes a full member of the treaty regime.
(similar to effect of ratification)
o Signature
§ Is typically not full consent
§ State is signifying that he will not go AGAINST the treaty in good faith, but he is not
fully bound yet
§ Ratification comes after signature
§ Only after ratification, it would be considered full consent
9 Domestic Implementation of International Law
(Process of making International Law into Singapore Law)
• The dualist approach views international and municipal law as two distinct sets of legal orders
o (vs. monist system – where international and local law system are the same; when you sign an
international treaty it automatically becomes part of local law)
• Singapore adopts a dualist approach to the application of its international legal obligations –
o All treaty obligations are met by
§ Existing legislature or
§ transformative legislation. (Creating New Legislature or changing existing legislature)
o E.g. We acceded to the Convention Preventing or Prohibiting Genocide in 1995 but it didn’t
become part of Singapore law till 2007, when it was incorporated into the Penal Code.
• This is in line with the Doctrine of Incorporation: Even after accession – a treaty is only applicable if
parliament enacts a law that applies it. A treaty is not self-executing/automatically applicable – it
has to come into the intermediation of domestic law
§ There may be a kind of contextualising and codification of international law, to adapt to
the local context.
Types of International Legal Obligations

• Treaty law
o Contract between states
o Constitution is silent but it is clear that the executive decides what law Singapore should ratify
or accede to.
• Customary International Law (CIL)
o There is no international statute.
o Note that it is the courts, and not parliament which recognize it.
o Without Singapore’s judicial recognition, established international CIL norms do not
automatically apply.
o In deciding whether to recognize a CIL, the courts have primarily focused on whether state
practice is ‘both extensive and virtually uniform’ to ascertain whether a CIL norm is clearly
118
established – essentially whether or not CIL is adopted depends on how well it aligns with state
practice
§ E.g. When two ships pass by each other in the sea, who goes on the right?
§ Eg. Universal Declaration of Human Rights appears to have attained CIL status.
o 2-Step Inquiry for CIL
§ (1) Ascertain whether it is actually a CIL or merely a political claim? (Ascertain legal
status)
§ (2) Determine how can it be applied to Singapore, and how it is relevant on the facts
• E.g. Yong Vui Kong (2010): Court felt that although torture was a CIL, death by
hanging was not CIL
o Issue of Hierarchy – it matters whether the CIL enters at the level of common law, statutory law,
or constitutional law.
§ E.g. Using the same example of the death penalty, if the CIL enters at the common law,
the Misuse of Drugs Act can still trump it VS if it came in at the constitutional law level –
it would be more likely the CIL will stand.
10 Interpretation of Terms (after the International Law has been implemented in country)
The Court is permitted to look at all manner of extra-legislative material, including international treaties and
agreements to aid in interpretation
• When CIL rules are received in Singapore, they are received as part of Singapore common law and
do not enjoy constitutional rank. It is such that domestic statutes prevail over CIL norms
o The courts will apply national law over jus cogens norms which cannot nullify inconsistent
statute or judicial precedent, even if this incurs international responsibility – this is to
protect sovereignty
• Singapore’s stance is that they will try as far as possible to interpret domestic law consistently with
Singapore’s international legal obligations
o But where there are limits, the domestic law will prevail
• Ultimately, it falls to Parliament to amend the constitution or enact new laws
o Eg. Where human rights treaties are judicially referenced, these usually reiterate domestic
rules (eg. joint parental norm in the Women’s Charter)
• Where a statute refers to any treaty or international agreement, section 9A(3) of the Interpretation
Act (Cap 1) permits reference to this to assist in interpreting statutory provisions. (i.e. they may
refer to the definition used in the treaty).
• Changes can be made to international treaties when adopting it in the local context à Parliament in
enacting legislation to give effect to treaties may include provisions which go beyond treaty terms,
which will prevail where the wording is clear.
With regards to judicial review:

• Cases involving international law and the exercise of executive prerogative powers are immune
from review as they are considered matters of policy. This is due to the need for the separation of
powers and requires deference to the executive branch.
• However, International treaties which have been incorporated into the domestic legal order may be
reviewed.
119
11 State Implementation of International Legal Obligations
In implementing treaty obligations, the Singapore government adopts a mixture of both legislative and non-
binding measures.
Legislative Measures
• Where economic initiatives are concerned (eg. trade), the government aims to align with
international standards by using binding legislation to attain legal harmonisation
o Eg. The 2010 Electronics Transactions Act was enacted to implement the UN Convention on
the Use of Electronic Communications in International Contracts
• To accommodate cultural and religious minority rights, Singapore has made reservations to various
human rights treaties
o Eg. Gender equality laws in relation to the Administration of Muslim Law Act are immunised
from the Convention on the Elimination of All Forms of Discrimination against Women
(“CEDAW”)
• This truncates the transformative impact treaties might otherwise have on domestic law
Non-Binding Measures
• However, the government prefers to adopt non-binding guidelines to implement international
treaties.
• This is especially so for those relating to human rights or labour law – preference for making policy
rather than legal amendments
12 Is International Law = Law?

Kevin Tan says that international law is law, because there is the normative effect of law, but it is to the extent
that people believe in it.
• Foundational idea of the legal system
Importance of International Law

• Singapore is committed to a global order governed by the international rule of law due to our
vulnerability as a small state
• International law is key to preserving state sovereignty and mitigating the asymmetries of inter-
state power and dampening the prospect of ‘might is right’ as the driver of international relations
o Many states violate international law as a matter of practice. They are prepared to do it
because they feel that protecting their national interests outweighs whatever loss of
reputation and other detriments they may face as a result of the breach
• While it is true that larger states may have more power on the global scale, it is also true that having
a system of international law rules in place is far more preferable than not having one at all
o Constraints power of the larger powers
• For Singapore, they feel that the rule of law at an international level may provide the only bulwark
against naked, raw power and brute force.
• International Law rules ensures that we coexist by not attacking other people and to certain extent,
we can cooperate at a level of certainty
120
• In line with this, Singapore has championed the settlement of disputes through peaceful
negotiations or third-party adjudication
o Singapore bringing disputes with Malaysia over Pedra Branca to the ICJ for a fair and just
decision by International Courts
13 Key international law issues that Singapore has faced
State succession issue

• Singapore did not make a unilateral general declaration of intent to honour all previous
agreements/treaties (as Swaziland did in 1968) but rather dealt with each situation as it arose.
o The International Law Commission of the UN decided => States were generally NOT bound so
o A ‘new’ State should begin its treaty relations with a clean slate; more consistent with
principle of self-determination.
o The Conference at Vienna (1977-1978) assigned to study the ILC’s stance; ENDORSED the ILC’s
decision. Article 16 (but only applies to former colonies)
• Singapore’s Stance on Devolution Agreements (agreements by former colonial masters)
o Did NOT consider devolution clause in Separation Agreement of 1965 as an obligation to
accept all previous treaties that applied to Singapore.
o Instead would review position vis a vis treaties entered into by either UK or Malaysia that
extended to Singapore prior to independence.
• SG has therefore adopted the ^clean slate principle => acceptance of prior treaties was therefore of
her own free will and in her own interest and not on account of any prior legal obligation.
o E.g. Convention for the Suppression of Traffic in Women and Children 1921.
Land Locked and Geographically Disadvantaged States Group opposed to Exclusive Economic Zone
• EEZ: national jurisdiction up 200 nautical miles of territorial waters
• disadvantage countries like SG, hence creation of group
Archipelagoes (consider the waters between islands as part of state)

• Support ASEAN countries like the Philippines even though it does not concern SG
14 Vaughan Lowe – “International Law”
Why International Law?

• Unilateral action is ineffective even counter-productive
• Cooperation is necessary and cooperation requires a framework
• Shapes/ influences the way national laws drafted as well
Scope of International Law

• Human Rights Development
• International Trade
• Environmental Law
• Future Developing Areas – Internet and Intellectual Property
Reasons for compliance with International Law

121
• When states comply with International Law, it is indicative that there is more benefit derived than
harm.
o Note that it is not imposed on states against nation’s will. Rules mostly arise from treaties or
customary international law. Free to enter as they please, but binding once made.
• Customary International law is based on nations’ practices. Therefore, it is just a codification of
what states habitually do already
• Allows states to predict the reactions of other states - can reasonably know what others will
generally act in confines of the law à helps in decision making
• Long-term reason: Nature of interests.
o Violations may have implications on future domestic political interests (e.g. held against
them in elections) and also on relations with other states.
Why should they comply?

• Natural Law Tradition – Human Rights
• The perspective that the respective behaviour is of a nature that it is integral that all states comply
and the international community would not accept that each state is entitled to decide whether or
not to comply.
122

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Topic 2: Development of Singapore’s Legal Institutions and Executive Branch ................. 13

Topic 3: Legislative Branch............................................................................................... 25

Topic 4: Sources of Law .................................................................................................... 30

Topic 5: Judiciary Branch (The Courts and Adjudication) .................................................. 35

Topic 6: Legal Profession and Professional Training ......................................................... 50

Topic 7: Legal Ethics and Professional Regulations ........................................................... 63

Topic 8: Anatomy of Criminal Trial ................................................................................... 75

Topic 9: Anatomy of Civil Trial ......................................................................................... 86

Topic 10: Appropriate Dispute Resolution (ADR) .............................................................. 95

Topic 11: Access to Justice.............................................................................................. 104

Topic 1: Introduction to Legal Systems

1. What is the difference between a ‘legal system’ and a ‘legal tradition’?

No. Quick Facts

Importance of Rules and Legal Procedure

From Wack – Law’s Roots

Functions of the Law:

6 Law is an Allocative System

7 From Bell – Legal System in Context

(i) Defining Nation

c. “National” can refer to either persons or a territories.

(iii) Defining system

1. Eg. American and British lawyers both understand the concept of

● (i) National legal systems were never exclusively or uniformly national

9 “Legal tradition” – a set of deeply rooted, historically conditioned attitudes about

● Common law premise – ‘where there is a remedy, there is a right’

- Chinese Legal Tradition primarily in Vietnam

32 Kevin Tan’s Making and Remaking of Constitutions

Factor 3: Revolution (Burma, Philippines, Indonesia, Thailand)

Factor 4: Evolution (SG, Brunei)

Topic 2: Development of Singapore’s Legal Institutions and Executive

AG Chief legal officer + adviser to parliament

S39(1)(b) NCMPs shall not exceed 12 in number.

2016 amendment altered Article 38 of the constitution

Ensure greater diversity of voices in the house, contribute independent views.

s39(1)(c) NMPs shall not exceed 9 in number.

Made of Chairman, up to 10 permanent members appointed for life, and 10

Courts exercise power of judicial review over constitutionality of legislation.

How do 3 branches check each other?

DEVELOPMENT OF SG’S LEGAL SYSTEMS

(3) setting up of Magistracy and for legal administration —>

*Judicial powers of Calcutta extended to factory in SG. Raffles

English law to be applied was the law of England, and modified in

Legislations existing in 1826 England also transferred to Singapore. Not

Suitability: if English statute/case found to be unsuitable to local

Criminal : Court was to "to administer criminal justice in such manner

Constitution: Past laws would continue in force, subject to modifications

Governor, Resident Councillor were lay judges. Recorder (based in

EIC abolished, Crown took over direct administration of territories.

1968: Supreme Court of SS established, replacing Court of Judicature of

1873: COA set up

1931: Separate Court of Criminal Appeal established

1942- Japanese Shounan court

No. Quick Facts

Traditional Discretionary Powers

Extended Powers in 1991

Reasons for Extended Powers

Other Changes in 1991

Qualifications for Presidential Election

Presidential Election 2017