The Singapore Law Review

From the Editor-in-Chief

The criminal law governs the acts of individuals and seeks to establish order while simultaneously preventing harm in inherently chaotic societies. As its control and reach over citizens over the land are manifestly formidable, the criminal law must invariably be underpinned by notions of justice and fairness; otherwise it would lose all normative reason for its existence. This issue of the Juris Illuminae examines the various facets of the law in this regard, from the initiation stage of prosecutorial discretion to evidential and constitutional worries at trial, and their need for reform, if any. An intriguing interview with Mr. Subhas Anandan, arguably Singapore’s best-known criminal lawyer, is also included. He provides his views on his practice and motivations – topics that will greatly interest students considering a similar career path.

This issue marks the end of the Singapore Law Review’s current editorial board’s contributions to this flourishing newsletter. The Review thanks Colin Ng & Partners for their kind partnership and support throughout the year. We are also grateful for the opportunities afforded to us in furthering our aim of facilitating the cognisance and discussion of all matters legal. We must also thank you, the loyal reader, for without an audience, words will be for naught.

Do enjoy this last issue of Juris for the academic year and all the best in the coming examinations!

(Read the Print Version: Juris Illuminae Vol. 4 Issue 5 Print Edition) (more…)

From the Chief Editor

Jerome Kerviel, Zulkifli Amin, David Rasif. It is unsurprising if these names ring a bell. With all the amplified commotion, one would think that honesty and integrity were suddenly values lost. Coping with this problem would require a multi-faceted approach far beyond implementing new regulations (which history has proven can be circumvented) or setting up a compulsory course in law school. The notion of honour must be imbibed from a far younger age, before stark rationality and plain greed set in. Only then can the evils be countervailed.

This issue of Juris grapples with this and more. The opening of the legal year has seen many proposals for change, not least an opening up of the legal sector to foreign firms and changes to the current pupillage training system. We have also found it fit to include a short note on a High Court case concerning a kleptomaniac - one that exemplifies the flexibility and light-handedness of the court. Also featured is our sponsoring firm, Colin Ng & Partners, in view of the impending Law Careers Fair.

Last but not least, we include vital information on the SLR International Writing Symposium, a writing competition-cum-symposium that is open to all undergraduate law students, this time including students from around the world as well. Take part and stand a chance to win the top prize of US$3000!

Have a great month ahead!

(Read the Print Version: Juris Illuminae Vol. 4 Issue 4 Print Edition) (more…)

From the Chief Editor
Law reform has become popular in jurisdictions around the world and in Singapore as well. Such reform should arguably be placed under an analytical microscope since the repercussions are wide and varied. Unlike common law decisions in the courts that may be more readily overturned on a daily basis, statutory provisions once set are often not substantially amended till some time later. Bearing this in mind, in this final issue of the semester, Juris explores the mechanisms by which Singapore revises its laws and also comments on recent amendments to laws that have caught public attention. The laws punishing inadvertent AIDS transmission, the amendments to the Land Titles (Strata) Act and new proposed anti-sexual grooming laws are examples that are further discussed within the folds. On a slightly separate note, we include a legal update on the case of Spandeck v. DSTA, touted to be the local Donoghue v. Stevenson, and a write-up on the recently-concluded Mallal Moots.

We also take cognisance of the Myanmar crisis and hope to prevent the issue from regressing to a faint memory. As such, we have included two articles that provide direction for a possible stance that ASEAN should take. This acts as a fitting prelude to the 21st Singapore Law Review Lecture on “From Constructive Engagement to Collective Revulsion: The 2007 Myanmar Precedent” to be delivered by Professor Lim Chin Leng of the University of Hong Kong. The lecture will be followed by a panel discussion by Professor Lim, Ms. Braema Mathi,a former nominated MP and president of AWARE, Mr. Marc Myo, a Myanmese undergraduate in Singapore and moderated by Associate Professor Simon Tay of the NUS Law Faculty. We invite all who feel passionately about the crisis to join us on 9 November 2007, 6.30pm at the Multipurpose Auditorium, Bukit Timah Campus.

I hope that reading Juris would afford you a brief respite from your daily grind. To our student readers, best of luck for the upcoming examinations!

(Read the Print version of the issue here: Juris Illuminae Vol. 4 Issue 3) (more…)

From the Chief Editor
Corporate social responsibility (CSR) as a school of thought is still in its infancy, having been established as recently as the 1970s. It has, within its short span of life, been elevated to a buzzword due to the large impact business-oriented corporate bodies often have on issues extraneous to mere finance. These include environmental concerns and the interests of society at large.

Due to the “economics-first” maximising mindset that many lawyers and businessmen employ in the course of their work, we have found it fitting to provide a fresh perspective in the second issue of Juris this academic year. As always, we commence with a brief introduction of CSR for those unacquainted with the concept. This will be followed by interesting discussions of the CSR movement’s relevance to the common student and its correlation with corporate governance. A guest writer from the University College London shares with us her international perspective of CSR, while views on whether CSR should be legislated are also juxtaposed. On a lighter note, the Odex saga, which has been quite widely debated of late, will be also be analysed in light of CSR.

I hope that this issue of Juris would encourage all of us to critically evaluate the wide-ranging impact that each seemingly insignificant decision made by a corporation entails.

Read the Print Version of this issue here: Juris Vol 4 Issue 2 (September) (more…)

From the Chief Editor

A warm welcome to the new academic year and to those who have just joined us at the NUS Law Faculty, congratulations for having made it to law school. We at the Singapore Law Review (“SLR”) hope that perusing this first issue of the Juris Illuminae will be the perfect way to kick-start your year. As you might have noticed, Juris has taken on a new façade to provide for an easier and more fulfilling read. Colin Ng & Partners has also generously sponsored the newsletter this year and we look forward to closely working together with them in making Juris the choice platform for legal discourse and discussion.

This year promises to be an exciting one for the SLR. On the 20th of August, the SLR is conducting its annual Recruitment Tea and we would like to invite all budding writers and editors to attend. An organisation is, after all, only as good as its members. A scrumptious line-up of events, both old and new, is also in the works and we will release more details as the year progresses.

This issue of Juris examines the realm of alternative dispute resolution (“ADR”), in view of the fact that dispute resolution methods like mediation and arbitration are fast becoming popular substitutes to old-styled litigation and now often employed in mutual tandem. Within the folds are an introductory article for the uninitiated as well as interviews with Michael Hwang S.C., one of Singapore’s most well-known arbitrators and A/P Joel Lee, convenor of the negotiations course at the NUS Law Faculty. There is also a write-up on the NUS Peer Mediation Team and a discussion of pertinent problems facing enforceability of mediation clauses in commercial contracts. For a lighter read, we have included an interview with Prof. Thio Li-ann and Dr Tan Seow Hon on their transition from teacher-and-student to colleagues at the Faculty.

The Review is also actively inviting members to its Juris Writing Cell. Should you feel strongly about certain issues and wish to write and be published to a sizeable audience, please feel free to drop us a line.

With that, I wish you a great academic year ahead.

Jeth Lee

Read the Print Version of Juris here: Juris August 2007. (more…)

Our publications are the SLR’s main business. In every academic year, the SLR publishes its annual Journal and a newsletter Juris Illuminae, given out to students regularly. While we encourage and accept contributions from law students and academia to our publications, members are called upon to write, edit and put together. As a member of the SLR, you will not only be the first to know of any opportunity to contribute, you will also have a say (or a word, rather) in the content of our publications. (more…)

From the Chief Editor
This will be the final issue of Juris for AY 2006/2007. What a great year it has been for the Singapore Law Review!

In October 2006, Professor Andrew Simester shared with a captive audience useful ideas for crafting effective essays during our Writing Workshop. In January 2007, the Writing Competition & Symposium returned after a short hiatus and our annual Lecture in March 2007 attracted one of the largest Lecture audiences ever! You can read more about the latter two events in this issue.

Publishing Juris has been both a rewarding and challenging undertaking for us – we had to juggle writing for Juris with organising other SLR events and our schoolwork. However, the notes of encouragement we received from illustrious members of the legal fraternity, including those from Deputy Prime Minister, Coordinating Minister for National Security and Minister for Law Professor Jayakumar and Chief Justice Chan Sek Keong, have been a great source of motivation and encouragement for us.

In this issue, we also pay tribute to the late Professor R.H. Hickling, who passed on in February 2007. Professor Hickling, whom many students will remember with great fondness, taught at the Faculty in the 1970s. He was also the first Parliamentary draftsman and Law Revision Commissioner of Malaysia.

To all Juris readers and our sponsor WongPartnership – thank you for your support. My deepest appreciation to our Advisors and Law Faculty staff for their invaluable advice and encouragement over the years. Also, a special thank you to our events’ sponsors and all Law Faculty students who have enthusiastically participated in our many activities.

Lastly, my heartfelt gratitude to all my fellow SLR members – your commitment and diligence have made it possible for SLR to continue with its publications and organisation of meaningful events. It has been my honour and privilege working with you.

I hope that Juris will continue to grow and be your forum for a fruitful discussion of legal issues.

Maureen Poh
Chief Editor, Singapore Law Review (more…)

From the Chief Editor
For many of us, the most natural thing to do after obtaining our LL.B is to join the legal profession as a lawyer in private practice. However, there is more to the legal profession than a law firm – we can work in the Legal Service, in the legal departments of government ministries and statutory boards, as an in-house counsel, in academia and even in voluntary welfare organisations, to name just a few.

An expanding legal market has brought about many challenges. Let’s see these challenges as opportunities, opportunities which we should seize and turn to our advantage. To do this, we need to find our passion in the law – we need to be inspired by it. Build upon the initial interest and motivation we had when we decided to study law. Take up internships to experience first-hand what legal work is all about. Speak to lawyers from different areas of the legal profession, lecturers, friends and seniors. Visit the Law Careers Fair from 12-16 February. And, of course, read this month’s Juris interviews with people from various legal fields.

Even if we decide to leave the legal profession altogether, our legal education and training is never wasted. I believe that our legal education and training enables us to be more methodical and analytical, skills which are invaluable in any profession.

A big thank you to everyone who entered the SLR Writing Competition. All the entries we received were excellent, and we had a tough time shortlisting the 6 finalists. The finalists will be presenting their entries to a panel of judges. The skill with which they respond to questions from the judges and audience will contribute towards their final results. So come on down to the Moot Court on Thursday, 15 February at 6pm for an exciting and stimulating evening of intellectual thrust and parry.

Enjoy the Lunar New Year break!

Maureen Poh

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Read the pdf version of this issue: Juris January 2007.

From the Chief Editor:
One of the most exciting legal developments in late 2006 and early 2007 has to be the proposed amendments to the Penal Code.

I am certain this will be something of interest to most law students, as we have spent many engaging hours debating passionately with each other and our lecturers/tutors over various issues in the Penal Code. Now that the month-long public consultation exercise has concluded, I am definitely looking forward to the parliamentary debates on these proposed amendments.

The objective of the proposed amendments is to make the law more relevant within the context of today’s social and crime conditions, keeping in mind the need to continue maintaining a safe and secure society.

Public feedback is one important way of ensuring that this key objective is achieved. The Straits Times reported (“Feedback focuses on sex laws”, 13 Dec 06) that the government received 252 responses from individuals, groups and some lawyers during the official feedback period.

The Penal Code is the foundation statute of Singapore’s criminal law. As such, the feedback received should arguably have been much greater. One way of increasing public feedback could be to widely publicise the public consultation exercise through various media channels. In Hong Kong SAR, for instance, public feedback on proposed amendments to significant legislation is publicised not only online, but also through the mass media. In particular, advertisements are regularly broadcast during prime time television viewing hours to alert the public to the proposed changes and feedback exercise.

Greater public contribution to and engagement in the Penal Code amendment process would arguably help create more comprehensive and socially relevant laws to better serve the criminal justice system and the people of Singapore.

On another note, the Singapore Law Review is kicking off the new school semester with a Writing Competition and Symposium, with fabulous prizes sponsored by TS Oon & Bazul. More details can be found on the SLR website, emails and on posters around BTC. Write and Win!
Maureen Poh

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From the Chief Editor
Intellectual property (IP) is everywhere around us. The laptop you frantically type your assignments on, the music you listen to, that oh-so-fabulous pair of branded sneakers you sashay in – all these contain IP rights (IPR).

IP forms a cornerstone of today’s society and knowledge-based economy. IPR legislation aims to create a balance between private and public interests. When establishing IPR laws, legislators seek to ensure that the rights and obligations of creators and users of IPR are balanced with the social, economic and developmental objectives that governments desire their IPR laws to promote. As the economic importance of IPR has grown, so too has public debate over the social, economic and political consequences of the laws under which IPR, which are essentially monopoly rights, are legally protected.

This issue of Juris discusses some recent interesting and noteworthy IP developments. We also bring you a special interview with the Director-General of IPOS, Ms Liew Woon Yin, who shares with us IPOS’ work in regulating, facilitating and promoting IP in Singapore. In addition, WongPartnership gives us an intimate look into the work of an IP lawyer. Rounding up this issue is a special feature examining the recent measures aimed at addressing the problem of the shortage of lawyers in Singapore, from a law firm’s perspective.

We would like to thank WongPartnership for continuing its wholehearted support of the Singapore Law Review, through its generous sponsorship of Juris. Thank you very much!

The Singapore Law Review wishes all fellow students the very best for your upcoming examinations!

Maureen Poh (more…)