legal service commission - Parliament Of Singapore

Transcription

Legal Service Commission Annual Report 2014
S. 43 of 2015
Presented to Parliament pursuant to Statute.
Ordered by Parliament to lie upon the Table:
31 July 2015
Annual Report 2014 |
L E G A L
SERVICE
COMMISSION
ANNUAL REPORT 2014
C
D | LEGAL SERVICE COMMISSION
OUR
MISSION
The mission of the Legal Service Commission
is to maintain a dedicated corps of officers with
integrity and ability to staff the Judiciary, the
Attorney-General’s Chambers and the Legal
Service departments of various Ministries and
other arms of Government.
1
L E G A L
SERVICE
COMMISSION
CONTENTS
Foreword by the President,
Legal Service Commission
Leadership
2
Towards
Organisational
Excellence
16
Milestone
Programmes
6
Advancing the
Rule of Law
28
Pride in
Service
94
103
2 | LEGAL SERVICE COMMISSION
Foreword by
THE PRESIDENT,
LEGAL SERVICE
COMMISSION
T
he Singapore Legal Service has come
a long way from humble beginnings.
At the time of Singapore’s independence in
1965, it comprised a mere 45 officers. Our
strength as at end-2014 stands at 589. Apart
from mirroring the remarkable growth of
our nation, this expansion is a reflection of
our standing as a premier destination for
legal talent as well as the broadening scope
and diversity of the work undertaken by our
officers. Beyond the principal core functions
of adjudication, public prosecution, providing
legal advice and representation and legislative
drafting, Legal Service Officers (“LSOs”)
now play a critical role in other important
spheres including policy-making and the
administration of state bodies.
Within each of these domains, the scale and
complexity of our task have been amplified by
accelerating socio-politico-economic changes
on the global stage. In the past five years, we
have had to develop institutional responses
to emergent fields such as economic crimes,
information technology and environmental
regulation. In 2014, recognising the migration
of financial crimes into the space of electronic
media, the Economic Crimes and Governance
Division of the Attorney-General’s Chambers
(“AGC”) was reconfigured as the Financial
3
and Technology Crime Division, with
the prosecution of cybercrime and other
technology-related crimes being brought
under the direct purview of the Division. This
new Division enables the AGC to be more
robust in dealing with and restraining the
growing threat of technology-based crimes in
all its forms.
LSOs have also been at the very heart of
reforms to the basic foundations of our legal
system. Major institutional changes were
enacted in 2014. The Subordinate Courts were
renamed the “State Courts” from March 2014
to accord recognition to the central role which
the State Courts play in the administration of
justice in Singapore. The apex post of the
Chief District Judge was upgraded in April
2014 to the Presiding Judge of the State
Courts, an office that is to be held by a Judge
or a Judicial Commissioner of the Supreme
Court to reflect the critical role undertaken
by the Presiding Judge. The incumbent
Chief District Judge, an LSO, was appointed
a Judicial Commissioner and designated the
Presiding Judge of the State Courts from
14 April 2014. We also reviewed and increased
the minimum statutory requirement for a
legally qualified person to be appointed a
District Judge or a Magistrate to ensure that
“ The scale and complexity of our task have been
amplified by accelerating socio-politico-economic
changes on the global stage.
”
the State Courts will continue to have a more
experienced and mature Bench. The Family
Justice Courts were created in October
2014 as a separate judicial entity to provide
a more integrated system customised to the
effective and amicable resolution of family
disputes. This historic development provides
the framework within which specialist
judges and judicial officers can devise more
holistic solutions to family-related cases. The
establishment of the Singapore International
Commercial Court will complement the
success of our arbitration sector and legal
profession to serve the regional and global
community. These changes collectively evince
a bedrock confidence in the abilities of our
LSOs, and I have every expectation that they
will measure up to the aspirations behind
these reforms.
provided for LSOs at all levels. This dovetails
with institutional efforts to achieve the same
objective. In 2014, for example, the AGC
consolidated its prosecution arm to form
the Criminal Justice Division in part to
facilitate the mentorship of younger LSOs/
prosecutors. Last October also marked the
launch of the new AGC Academy, which
now has carriage over all training, continuing
education, quality control and skills auditing
functions of all officers within the AGC. The
Singapore Judicial College was established in
November 2014. It fully caters to the training
needs of Judicial Officers and our Judiciary,
ranging from induction to continuing
education to milestone programmes. Such
concerted emphasis on training and individual
development is the keystone of our personnel
management philosophy.
As the Legal Service has grown and evolved,
its human resource framework has been
progressively enhanced and refined. We
remain committed to treating each and every
LSO as a valuable talent to be developed
to the fullest of his or her potential. The
Service-wide Talent Development Scheme and
Succession Planning framework implemented
earlier continues to ensure that individualised
training and development opportunities are
The result is that the Legal Service now
constitutes an unprecedented pool of legal
talent, not just in depth but also in diversity.
Indeed, one may justifiably look back
upon 2014 as the year that the Singapore
Legal Service came of age. This sense of
maturation is further heightened by the new
organisational structure of the Legal Service
Personnel Boards. All LSOs up to Superscale
Grade 3 were from 2007 brought under the
“ We remain committed to treating each and
every LSO as a valuable talent to be developed to
the fullest of his or her potential. ”
direct oversight of the previous Special and
Senior Personnel Boards. This structure
was enhanced from April 2014 through the
creation of dedicated Personnel Boards along
“Branch” lines. Whereas the Special and
Senior Personnel Boards previously oversaw
a horizontal cross-section of LSOs grouped
according to their career grades, LSOs are now
under the specific oversight of the Personnel
Board according to the Branch where they are
posted. This landmark structural change is
consistent with the Legal Service’s increasing
emphasis on specialisation and further augments
and anchors our talent development and
succession planning frameworks.
It is befitting for me, at this point, to record my
warmest congratulations to Mr V K Rajah, S.C.
on his appointment on 25 June 2014 as the
Attorney-General and an ex officio Member of
the Legal Service Commission. Mr Rajah, S.C.
had, in his previous appointment as a Judge of
Appeal, been a long-standing Member of the
Legal Service Commission since 1 November
2007. I also welcome the appointment from
25 June 2014 of Justice Steven Chong as a
Member of the Legal Service Commission.
Justice Chong was, as the Attorney-General,
an ex officio Member of the Legal Service
Commission until 24 June 2014. I record my
5
deep appreciation to all the Members of the
Legal Service Commission for their invaluable
contributions and unstinting support in the
work of the Commission.
In closing, it bears reminding that the many
changes which transpired in the past year –
and indeed in the past decade – converge
upon a common objective, which is to enable
the Legal Service and all LSOs to guide and
uphold the rule of law in Singapore. At the
operational level, the rule of law is upheld by
individuals and it is therefore fitting that the
Legal Service has renewed its commitment to
develop the talent of each LSO to the greatest
extent possible. I know that this philosophy is
commensurate to the quality of our officers
and will bring lasting dividends to the Legal
Service.
Chief Justice
Sundaresh Menon
President
LEADERSHIP
7
THE LEGAL SERVICE
COMMISSION
T
he Legal Service Commission (“LSC”)
is constituted under Part IX of the
Constitution of the Republic of Singapore
(“the Constitution”). Article 111(1) of the
Constitution mandates that there shall be
an LSC, whose jurisdiction shall extend to
all officers in the Singapore Legal Service
(“Legal Service”).
Article 111(2) and Article 111(2A) of the
Constitution provide that the LSC shall
consist of:
(a) the Chief Justice, as President;
(b) the Attorney-General;
(c) the Chairman of the Public Service
Commission (“PSC”); and
(d) at least three but not more than six
other Members, each of whom shall be
appointed by the President of Singapore
if he, acting in his discretion, concurs
with the advice of the person nominating
the Member(s), based on the following
arrangements:
(i) at least one but not more than two
persons nominated by the Chief
Justice;
(ii) at least one but not more than two
persons nominated by the Chairman
of the PSC; and
(iii)at least one but not more than two
persons nominated by the Prime
Minister.
If the Chief Justice, the Chairman of the
PSC or the Prime Minister, as the case may
be, nominates two persons, at least one must
be a person who has for an aggregate period
of not less than 10 years been a qualified
person within the meaning of section 2(1) of
the Legal Profession Act (Cap. 161). These
Members of the LSC shall hold office for
such period as the President of Singapore
may specify (being not shorter than three
years and not longer than five years) and be
eligible for re-appointment.
The LSC has the duty under Article 111(3) of
the Constitution to appoint, confirm, emplace
on the permanent establishment, promote,
transfer, dismiss and exercise disciplinary
control over officers in the Legal Service.
The term of one ex officio Member of the LSC
concluded on 24 June 2014. The President,
concurring with the nomination of the Chief
Justice, approved the appointment of Justice
Steven Chong as a Member of the LSC for
three years with effect from 25 June 2014.
The LSC comprised, as at 31 December 2014,
Chief Justice Sundaresh Menon as President;
and the Attorney-General Mr V K Rajah, S.C.,
the Chairman of the PSC Mr Eddie Teo,
THE LEGAL SERVICE COMMISSION
(AS AT 31 DECEMBER 2014)
1
2
3
4
5
6
7
8
9
THE LEGAL SERVICE
COMMISSION
(as at 31 December 2014)
1
President
Chief Justice Sundaresh Menon
The Chief Justice
Members
9
Judge of Appeal Chao Hick Tin, Justice Lee
Seiu Kin, Justice Steven Chong, Mr Lucien
Wong Yuen Kuai, Mr Lee Tzu Yang and
Mr Gautam Banerjee as Members.
Article 111AA of the Constitution provides
for the establishment of one or more personnel
boards to exercise all or any of the powers and
functions of the LSC under Article 111 over
Legal Service Officers (“LSOs”). The powers
and functions of the LSC are devolved to
the personnel boards, save for the power to
dismiss and exercise disciplinary control over
LSOs as well as all powers in relation to LSOs
at and above Superscale Grade 2.
2
Mr V K Rajah, S.C.
3
Mr Eddie Teo
4
Justice Chao Hick Tin
5
Justice Lee Seiu Kin
6
Justice Steven Chong
7
Mr Lucien Wong Yuen Kuai
(b) the award of the Performance Bonuses,
the Variable Increments, the Legal
Professional Allowance and the LongTerm Incentive and remuneration
components to LSOs at Superscale
Grade 2 and above;
8
Mr Lee Tzu Yang
(c) the suitability of LSOs for promotion to
Superscale Grade 2 and above; and
Mr Gautam Banerjee
(d) the implementation and refinement of
various human resource functions and
frameworks in the Legal Service.
9
Attorney-General
Chairman, PSC
Judge of Appeal,
Supreme Court
Judge,
Supreme Court
Judge,
Supreme Court
In 2014, the LSC deliberated and decided
on matters concerning the Legal Service
including:
(a) the appointment of candidates to the
Legal Service as LSOs at Superscale
Grades 2 and above;
RESTRUCTURING OF THE
SPECIAL PERSONNEL BOARDS
T
he Legal Service Personnel Boards were
restructured along “Branch” lines in
April 2014 and the framework was revised as
follows:
(a) the functions and powers of the previous
Legal Service Special Personnel Board
and the previous Legal Service Senior
Personnel Board were merged into a
single panel;
(b) the panel was then restructured as two
independent Boards along “Branch”
lines, namely:
(i) the Judicial Branch Special Personnel
Board; and
(ii) the Legal Branch Special Personnel
Board;
(c) the Judicial Branch Special Personnel
Board has exclusive jurisdiction over all
LSOs below Superscale Grade 2 who are
posted in the Judicial Branch departments
(namely the Supreme Court, the Justices’
Law Clerks pool, the State Courts and
the Family Justice Courts); and
(d) the Legal Branch Special Personnel
Board has exclusive jurisdiction over all
LSOs below Superscale Grade 2 who
are posted or seconded to the Legal
Branch departments (namely all the
Divisions in the Attorney-General’s
Chambers [“AGC”] and the Legal Service
departments/units at the Ministries and
Statutory Boards).
The Branch Boards exercise the powers
and functions of appointment, confirmation
and emplacement on the permanent
establishment, promotion and remuneration,
and transfers (from and to the Legal
Service Scheme of Service) over all
LSOs below Superscale Grade 2 and the
re-postings (within the respective Branch)
of all LSOs.
The LSC retains jurisdiction over all LSOs
who hold appointments at and above
Superscale Grade 2 and retains exclusive
jurisdiction and powers to dismiss and exercise
disciplinary control over all LSOs.
11
THE JUDICIAL BRANCH SPECIAL
PERSONNEL BOARD
(Left to Right):
Justice Steven Chong,
Justice Chao Hick Tin,
(Chairman, Judicial Branch Special Personnel Board),
THE JUDICIAL BRANCH
SPECIAL PERSONNEL BOARD
The President of the Republic of Singapore,
concurring with the advice of the LSC,
approved the appointment of Chief Justice
Sundaresh Menon as Chairman of the Judicial
Branch Special Personnel Board; and Judge
of Appeal Chao Hick Tin, Justice Lee Seiu
Kin and Justice Steven Chong as Members.
The Judicial Branch Special Personnel
Board comprised, as at 31 December 2014,
Chief Justice Sundaresh Menon as Chairman
of the Judicial Branch Special Personnel
Board; and Judge of Appeal Chao Hick
Tin, Justice Lee Seiu Kin and Justice
Steven Chong as Members. The term
of the current Judicial Branch Special
Personnel Board is from 25 June 2014 to
31 October 2016.
THE LEGAL BRANCH SPECIAL
PERSONNEL BOARD
(Left to Right):
Mr Lionel Yee Woon Chin, S.C. (Solicitor-General),
Mr V K Rajah, S.C. (Attorney-General),
(Chairman, Legal Branch Special Personnel Board),
THE LEGAL BRANCH SPECIAL
PERSONNEL BOARD
The President of the Republic of Singapore,
concurring with the advice of the LSC,
approved the appointment of Chief Justice
Sundaresh Menon as Chairman of the Legal
Branch Special Personnel Board; and the
Attorney-General Mr V K Rajah, S.C.,
Justice Lee Seiu Kin and the Solicitor-General
Mr Lionel Yee, S.C. as Members.
The Legal Branch Special Personnel Board
comprised, as at 31 December 2014, Chief
Justice Sundaresh Menon as Chairman of the
Legal Branch Special Personnel Board; and
the Attorney-General Mr V K Rajah, S.C.,
Justice Lee Seiu Kin and the Solicitor-General
Mr Lionel Yee, S.C. as Members. The term of
the current Judicial Branch Special Personnel
Board is with effect from 25 June 2014 to
31 October 2016.
13
SINGAPORE LEGAL SERVICE
DINNER 2014
T
he Singapore Legal Service Dinner
was held at the Island Ballroom of the
Shangri-La Hotel on 20 March 2014 to
announce changes to the structure of the Legal
Service Personnel Boards. Prime Minister
Lee Hsien Loong was the Guest of Honour.
The Prime Minister was accompanied by
Mrs Lee. The President of the Legal Service
Commission Chief Justice Sundaresh Menon,
the Minister for Law Mr K Shanmugam, the
Members of the Legal Service Commission,
the Judges and Judicial Commissioners of the
Supreme Court, and their spouses, attended
the dinner. They were joined by more than
420 LSOs and other guests.
The President of the Legal Service
Commission commenced the evening’s
proceedings by welcoming the Prime Minister
and all guests to the dinner. This was followed
by the Prime Minister’s Keynote Address on
“Building a First-Class Legal Service”, where
the Prime Minister announced key changes
to the structure of the Legal Service for
greater specialisation and separate “Legal”
and “Judicial” tracks. The announcement
was received with keen interest by all present,
especially the LSOs. It was also reported
widely by the local print and broadcast media
which covered the event. In announcing the
changes, the Prime Minister noted: “Changes
are part of our continuing journey to build
a first-class Legal Service which serves
Singapore better. But ultimately what matters
is the spirit and dedication of the LSOs. To
carry out your duties and uphold the rule
of law without fear or favour. To defend
Singapore’s interests in a more complex and
challenging international environment. To
stick together as a team, always fighting for
Singapore and Singaporeans.”
The strong camaraderie and espirit de corps in
the Legal Service was evident as the night
resounded with fun and laughter. Guests were
treated to musical performances on the piano
and violin, showcased by our own musically
talented LSOs. Photographs of the event,
taken by the roving photographers during the
pre-dinner cocktail, were also presented to
guests as a memento of the occasion.
The evening drew to a close with the playing of
the National Anthem and a ceremonial toast
to the President of the Republic of Singapore
led by the Solicitor-General Mr Lionel Yee, S.C.
This was a fitting finale to the occasion as the
LSOs reaffirmed their commitment to serving
our nation and responding to the call of the
Prime Minister to “work together … to build
a better future for us and our children.”
It was a monumental and inspirational
experience for the Legal Service to have the
Prime Minister grace the occasion as our
Guest of Honour and keynote speaker. The
Prime Minister’s acknowledgment of the
spirit and dedication of the LSOs in carrying
out their duties and upholding the rule of
law without fear or favour was particularly
notable. Those present would cherish this
memorable moment for years to come. The
event also served as strong recognition of the
role and contribution of the LSOs and the
Legal Service to the success of Singapore.
SUCCESSION PLANNING AND
TALENT DEVELOPMENT
T
he Talent Development Scheme (“TDS”)
is the principal source for renewal of
leadership in the Legal Service and underpins
the succession planning framework in the
Legal Service.
The Talent Development Committee/
Succession Planning Committee (“TDC/
SPC”) is chaired personally by the President
of the LSC, Chief Justice Sundaresh Menon.
The TDC/SPC comprised, as at 31 December
2014, the Chief Justice Sundaresh Menon
as Chairman; and the Attorney-General
Mr V K Rajah, S.C., Judge of Appeal Chao
Hick Tin, Justice Lee Seiu Kin, Justice Steven
Chong, Mr Lee Tzu Yang and Mr Gautam
Banerjee as Members. The composition of
the TDC/SPC serves to reiterate and anchor
the importance that the Legal Service places
on the development and retention of talent.
The TDC/SPC has direct oversight of talent
development Service-wide and of the LSOs
in the TDS, monitoring their progress and
in particular, the training and developmental
opportunities accorded to them, and their
postings.
The TDC/SPC adopts a structured approach
to identify and develop suitable officers for
key or leadership positions. The LSOs in the
TDS are groomed through varied training,
developmental and posting frameworks to
enable them to have the opportunities to
achieve their fullest potential both in the
professional area as well as in management and
leadership. The specific programmes available
include scholarships for postgraduate degrees
(in law, management or leadership) and other
milestone programmes and attachments to
barristers’ chambers, law firms and specific
companies and organisations.
Fifteen LSOs in the TDS attended milestone
programmes in 2014. Fifteen Superscale
LSOs and 20 Timescale LSOs in the TDS
were re-posted in 2014.
THE TALENT DEVELOPMENT COMMITTEE/
SUCCESSION PLANNING COMMITTEE
(Left to Right) Front row:
(Chairman, Talent Development Committee/Succession Planning Committee),
Justice Chao Hick Tin
(Left to Right) Back row:
Mr Gautam Banerjee,
Justice Steven Chong,
Justice Lee Seiu Kin,
Mr Lee Tzu Yang
15
T O WA R D S
ORGANISATIONAL
EXCELLENCE
17
RECRUITMENT AND
ESTABLISHMENT
RECRUITMENT
F
or fresh graduates and candidates with
five years or less of relevant legal working
experience, the principal recruitment criterion
for possible appointment to the Legal Service
as a Legal Service Officer (“LSO”) remains a
Second Class Upper Honours law degree (or
the equivalent) from the National University
of Singapore (“NUS”), the Singapore
Management University (“SMU”) or one of
the approved overseas universities. Candidates
with a Second Class Lower Honours law
degree (or the equivalent) are considered for
possible appointment on a case-by-case basis.
Candidates with more than five years of
relevant legal working experience and at least
a Second Class Lower Honours law degree
(or the equivalent) are also considered for
possible appointment as mid-career LSOs.
The applications of law undergraduates who
complete at least their second year at the NUS,
the SMU or one of the approved overseas
universities are also considered for possible
offers of conditional appointment. Similarly,
applicants who undertake the Doctor of
Jurisprudence (“JD”) programme and who
complete at least half the requirements of the
programme are considered for possible offers
of conditional appointment. Applicants
who are offered conditional appointments
will have their offers confirmed upon being
awarded at least a Second Class Upper
Honours law degree (or the equivalent) and,
where applicable, successful completion of
Part A of the Singapore Bar Examinations.
The principal recruitment criterion for the
Justices’ Law Clerks (“JLC”) programme
remains a First Class Honours law degree
(or the equivalent). The JLC programme
continues to be an important gateway for the
Legal Service to attract its fair share of bright
young graduates. Successful candidates will
initially be deployed to the Attorney-General’s
Chambers (“AGC”) to complete Part B of
the Singapore Bar Examinations before being
re-deployed to the JLC pool in the Supreme
Court.
Ten recruitment exercises were held in 2014
and a total of 315 applications for possible
appointment to the Legal Service were
received in 2014. The details are at TABLE 1.
EMPLACEMENT ON
THE PERMANENT
ESTABLISHMENT,
CONFIRMATION OF
APPOINTMENT AND
TRANSFER OF SERVICE
TABLE 1: RECRUITMENT
(AS AT 31 DECEMBER 2014)
315
105
38
541
Applicants Interviewed Selected Appointed/
Re-appointed
in 2014
1
Including 33 candidates and seven Public Service Commission scholars who were
interviewed in 2011, 2012 or 2013. Excluding secondment to the Legal Service.
Of the 315 applications received, 105
candidates were interviewed. They comprised
53 undergraduates, one JD student, 47 fresh
graduates or those who had five years or less
of relevant legal working experience and four
mid-careers. Thirty-one had a First Class
Honours law degree (or the equivalent) and
17 had a Second Class Upper Honours law
degree (or the equivalent).
Thirty-eight candidates were selected for
appointment in 2014 and thirteen assumed
appointment in the same year. The remaining
candidates who had accepted the offers of
appointment or conditional appointment
were expected to commence duty in the
Legal Service between 2015 and 2018. In
addition, one LSO was re-appointed to the
Legal Service in 2014 and 40 other candidates
who were selected from the recruitment
interviews in 2011, 2012 or 2013 also assumed
appointment in 2014.
In total, 54 LSOs were appointed/
re-appointed to the Legal Service in 2014.
F
ifty-four LSOs who were appointed on
contract (of 18 months or two years) were
emplaced on the permanent establishment in
2014. Five other LSOs who were scholars and
appointed on probation were also confirmed
in their appointment. Two officers were
transferred from the Management Executive
Scheme of Service to the Legal Service
Scheme of Service and appointed LSOs in
2014.
SECONDMENTS
L
SOs are typically seconded from the Legal
Service to statutory boards to undertake
legal work and/or to Ministries to undertake
policy work and in posts normally assumed
by Administrative Officers. They may also
be seconded to key institutions to assume
specific roles and duties. Such secondments
enable the Legal Service to provide LSOs with
extensive exposure to different areas of law
and policy work. LSOs in these positions are
offered a wide scope of training and greater
opportunities to specialise in niche areas.
The secondments also increase the number
of positions for LSOs to be exposed to or
trained in leadership positions.
A total of 45 LSOs were on secondment in
2014. The details are in TABLE 2.
19
TABLE 2: SECONDMENTS 2014
DEPARTMENT
NO. OF LSOs
SECONDED
LEFT
COMMENCED
SERVICE
SECONDMENT
AFTER
SECONDMENT
EXTENDED
SECONDMENT
CONTINUED
SECONDMENT
RE-POSTED
AFTER
SECONDMENT
ACCOUNTING
AND CORPORATE
REGULATORY
AUTHORITY
12
-
2
5
5
-
COMPETITION
COMMISSION OF
SINGAPORE
7
-
2
1
3
1
ECONOMIC
DEVELOPMENT
BOARD
2
-
-
1
1
-
HEALTH SCIENCES
AUTHORITY
1
-
1
-
-
-
INLAND REVENUE
AUTHORITY OF
SINGAPORE
2
-
1
-
1
-
INSOLVENCY AND
PUBLIC TRUSTEE’S
OFFICE
1
-
1
-
-
-
INTELLECTUAL
PROPERTY OFFICE
OF SINGAPORE
2
-
1
1
-
-
MINISTRY OF HOME
AFFAIRS
2
-
1
-
-
1
MINISTRY OF LAW
1
-
1
-
-
-
MINISTRY
OF SOCIAL
AND FAMILY
DEVELOPMENT
1
-
-
-
1
-
MONETARY
AUTHORITY OF
SINGAPORE
6
-
1
2
1
2
NATIONAL
ENVIRONMENT
AGENCY
2
-
2
-
-
-
SINGAPORE
INTERNATIONAL
MEDIATION
CENTRE
1
-
1
-
-
-
SINGAPORE LAND
AUTHORITY
3
-
1
-
2
-
SINGAPORE
MEDICAL COUNCIL
1
-
-
-
1
-
SUPREME COURT
(SINGAPORE
JUDICIAL COLLEGE)
1
-
1
-
-
-
Total
45
0
16
10
15
4
ATTRITION
ESTABLISHMENT
T
here were 608 establishment posts in
the Legal Service and 589 LSOs on the
posted strength as at 31 December 2014. The
details are at TABLE 3.
TABLE 3: ESTABLISHMENT
A
total of 21 LSOs (3.6%) resigned in
2014. The details of the attrition in the
Legal Service over the last three years are at
TABLE 4.
TABLE 4: ATTRITION, 2012 – 2014
No. of Posts No. of LSOs
Judicial Branch
Legal Branch
LSC Secretariat
Supernumerary Posts
Total
179
414
15
159
4192
11
608
5893
1
Including five LSOs whose re-employment contracts were renewed.
Including an LSO whose re-employment contract was renewed.
3
Including an officer who is on secondment to the Legal Service.
1
Resignation
Retirement
Expiry of Contract
Transfer to Another
Scheme of Service
Others
2012
2013
2014
13
51
10
0
13
32
6
0
21
2
53
0
1
0
0
2
LEGAL SERVICE OUTREACH
ACTIVITIES 2014
I
n 2014, the Legal Service continued to
participate in outreach activities to increase
awareness and promote interest among
students to consider studying law and having
a career with the Legal Service upon graduation.
The outreach activities typically involve talks
by LSOs at various forums and the engagement
of students from the NUS, SMU, approved
overseas universities, Junior Colleges (“JCs”)
and secondary schools at careers fairs.
The major outreach activities in 2014 included:
(a) the NUS Law Careers Fair;
1
Four of the LSOs who retired on reaching the compulsory retirement age of 62 were
re-employed on contract.
2
One of the LSOs who retired on reaching the compulsory retirement age of 62 was
re-employed on contract.
3
Including an LSO who left on the expiry of the re-employment contract.
(b) the SMU Internship and Career Fair;
(c) the Public Service Scholarships and
Careers Fair;
(d) the Singapore Legal Forum organised by
the UK Singapore Law Students Society;
(e) the Singapore Academy of Law JC Law
Programme;
(f) careers fairs at JCs and secondary schools;
and
(g) information sessions organised by the
Public Service Commission (“PSC”) for
JC students who were offered provisional
PSC Scholarships.
Students who attended the outreach activities
provided positive feedback. They enjoyed the
opportunity to interact with the LSOs to learn
more about the Legal Service and found the
information and career advice provided to be
useful and beneficial.
LEGAL SERVICE INTERNSHIP
PROGRAMME 2014/2015
T
he Legal Service Internship Programme
was established in 2000.
Under
the programme, law undergraduates and
JD students (where applicable) from the
NUS, the SMU and the approved overseas
universities are offered internship positions
at various Legal Service departments to give
them a better appreciation of the various roles
played by the LSOs in advancing the rule of
law and contributing to the administration
of justice. The programme also serves
as an avenue to attract suitable candidates
to consider a career in the Legal Service.
A total of 17 Legal Service departments hosted
138 interns in the 2014/2015 internship
programme. The details are at TABLE 5.
21
TABLE 5: INTERNSHIP
PROGRAMME
Department / Internship Programme
Accounting and Corporate Regulatory
Authority
Attorney-General’s Chambers
Competition Commission of Singapore
Insolvency and Public Trustee’s Office
Intellectual Property Office of
Singapore
Legal Aid Bureau
Ministry of Communications and
Information
Ministry of Culture, Community and
Youth
Ministry of Defence
Ministry of Education
Ministry of Home Affairs
Ministry of Law
Ministry of Manpower
Ministry of Social and Family
Development
Singapore Land Authority
State Courts:
Senior Officers’ Law Clerk Programme
Supreme Court & State Courts:
Judicial Internship Programme
Total
No. of
interns
hosted
5
45
5
2
6
32
1
2
1
3
2
4
4
4
3
6
13
138
LEGAL SERVICE COLLOQUIUM PUBLIC SERVICE COMMISSION
AND JOB-SHADOWING
LAW SCHOLARS
SCHEME
T
he Legal Service participated in the
2014 Singapore Academy of Law JC
Law Programme (“JCLP”) from 17 to 28
November 2014. The JCLP commenced with
a two-day conference at the Supreme Court.
The JC students who attended the JCLP were
provided an overview of the Singapore legal
system and attended talks by private and public
sector lawyers on various areas of law. The
students also had the opportunity to visit the
Parliament House and the State Courts and
undertake a six-day job-shadowing scheme
where they were attached to law firms, public
legal offices and corporate legal departments.
As part of the two-day conference, the
Legal Service Colloquium was held on
18 November 2014. LSOs Mr Christopher
Tan, Mr Loke Shiu Meng, Mr Jonathan Yap
and Ms Cassandra Cheong shared their
experiences working in the Legal Service and
some of the issues and challenges faced in
the course of their work. The Colloquium
provided the students with a better
understanding of the work of a public lawyer
and its impact on society.
Thirty-six students were attached to five
Legal Service departments under the jobshadowing scheme of the JCLP: six at the
Supreme Court, eight at the State Courts, 15 at
the Attorney-General’s Chambers, five at the
Legal Aid Bureau and two at the Insolvency
and Public Trustee’s Office.
F
ifteen candidates were awarded Public
Service Commission Scholarships in
2014 to read law at the NUS, the SMU or
one of the approved overseas universities.
Thirteen candidates have commenced their
studies in the academic year 2014/2015 while
the remaining two candidates are serving
National Service.
The Legal Service continued to actively
engage the law scholars. On 19 August 2014,
Justice Lee Seiu Kin hosted a meeting for
the scholars to meet one another and their
LSO mentor. A total of 42 scholars attended
the session. The scholars took the opportunity
to exchange ideas with their LSO mentor on
the possible postgraduate programmes and
developmental courses available to them. The
LSC Secretariat also provided an update on
recent developments in the Legal Service and
addressed queries raised by the scholars at the
meeting.
The scholars were also invited to other major
legal events such as the Opening of the
Legal Year, the Legal Service National Day
Observance Ceremony and the Singapore
Academy of Law Annual Lecture. The
objective was to expose the scholars to
developments in the legal landscape and to
provide the scholars the opportunity to interact
and network with Singapore’s top legal minds.
23
PERFORMANCE
MANAGEMENT
M
eritocracy, fairness and transparency are
the three key principles that underpin
the performance management framework of
the Legal Service.
In 2014, Heads of Department (“HODs”),
Reporting Officers (“ROs”) and LSOs
were invited to workshops to reinforce the
various qualities and competencies to be
used for the assessment of the potential and
performance of LSOs. The Attorney-General
Mr V K Rajah, S.C. personally attended one
of the workshops on 29 July 2014 to reiterate
to the HODs and ROs the critical role that
they perform in the accurate, rigorous and
fair assessment of all LSOs.
The structured performance management
process in the Legal Service entails the LSOs
meeting their respective HODs or ROs for
formal feedback sessions in May or June, with
the aim of reviewing work targets set at the
close of the previous year and to ascertain
specific training and developmental needs for
the rest of the year. The LSOs meet their
respective HODs or ROs again in September
or October for the formal year-end appraisal
and to establish targets for the year ahead.
To facilitate an effective performance
management
process
and
informed
communication by HODs and ROs to the
LSOs on the LSOs’ work performance and
potential, the HODs and ROs were provided
detailed information of the approved
Currently Estimated Potential (“CEP”),
performance grading, Performance Bonus,
Variable Increment, Legal Professional
Allowance, Long-Term Incentive and other
specific remuneration components accorded
to each of their respective LSOs (for work
done in 2014) after the annual ranking and
promotion exercise. The LSOs were also
provided details of their performance grading
and the maximum and the norm Performance
Bonus rates at the applicable grades to better
facilitate their discussions with their respective
HODs or ROs on their performance and
possible areas for improvement.
PROMOTIONS 2014
A
total of 145 LSOs were promoted to the
next higher LSO-grade in the April 2014
Promotion Exercise. Sixteen Superscale LSOs
were promoted within the Superscale grades
and 17 Timescale LSOs were promoted into
the Superscale grade. Another 112 Timescale
LSOs were promoted within the Timescale
grades.
The Legal Service Promotion Ceremony 2014
was held at the Supreme Court Auditorium
on 28 March 2014. The event was graced by
the President of the LSC and Members of
the LSC, the Special Personnel Board and the
Senior Personnel Board.
COMPENSATION
T
he Legal Service continues to adopt
a performance-driven compensation
framework to recognise the LSOs’
performance and potential, as well as attract
and retain the best legal talent. Periodic reviews
are also undertaken to ensure that the Legal
Service’s compensation framework remains
competitive vis-à-vis the legal services sector
in Singapore.
ANNUAL VARIABLE
INCREMENTS
T
he Variable Increment (“VI”) framework
is based on the LSOs’ approved
potential and performance gradings. All
eligible LSOs are considered for the award
of the VI annually for work done during
the qualifying period. Confirmed LSOs were
considered and awarded the VI in April 2014.
LSOs who were on contract or probation
were considered and awarded the VI on their
respective incremental dates.
PERFORMANCE BONUS
T
he Performance Bonus (“PB”)
framework is a performance-based
remuneration tool to incentivise the highest
level of performance from LSOs. All LSOs
were considered for the payment of a PB
for work done in 2013. Eligible LSOs were
awarded a PB in March 2014 in accordance
with their approved performance grading for
work done in 2013.
LONG-TERM INCENTIVE
T
he Long-Term Incentive (“LTI”)
framework is a retention tool
implemented in the Legal Service to encourage
LSOs to pursue a long-term career with the
Legal Service. Eligible LSOs who fulfilled the
payment criteria were paid the LTI in March
2014.
LEGAL PROFESSIONAL
ALLOWANCE
A
ll LSOs were considered for the payment
of the Legal Professional Allowance
(“LPA”). LSOs who satisfied the eligibility
criteria were paid the LPA in September 2014.
25
CAREER
DEVELOPMENT
CONTINUING EDUCATION
T
he Legal Service places great emphasis
on the training, development and
continuing education of all LSOs. The
development of LSOs is managed through a
two-pronged framework. The Legal Service
centrally offers LSC Scholarships and
Training Awards to eligible LSOs to study for
postgraduate programmes in law and leadership
or management. Under this framework, a
suite of specialist and milestone programmes
is maintained and regularly reviewed and
eligible LSOs are identified to attend these
programmes. The programmes include the
General Master of Laws (“LLM”), Specialist
LLMs, postgraduate degrees in leadership or
management or Public Administration and
Executive Programmes at renowned business
schools both locally and overseas.
The departments in the Judicial Branch and
the Legal Branch take charge of all vocational
training. Such training may include those in
“functional” areas and which are directly
relevant to the work of the department
and attachments to organisation such as
the Barristers’ Chambers in England. The
two-pronged approach framework aims to
ensure that training programmes meet the
developmental and longer term aspirations of
LSOs as well as the operational and strategic
needs of the Branch or department and the
Legal Service as a whole.
In 2014, seven LSOs were awarded LSC
Scholarships and LSC Training Awards to
study for their Masters of Laws. Five LSOs
were nominated for other Public Service
milestone programmes.
The year 2014 also marked the inaugural
attachment of LSOs to specific companies
and other organisations for the purpose
of providing them commercial experience
by handling legal work in an environment
designed to maximise business and
commercial exposure. Four LSOs undertook
these attachments, one each at the
Government Investment Corporation Private
Limited, Temasek Holdings (Private) Limited,
Singapore Exchange Limited and Shell
Eastern Petroleum (Pte) Ltd.
POSTINGS
A
total of 100 LSOs (35 Superscale
LSOs and 65 Timescale LSOs) were
re-posted or seconded in 2014. Of these, 31
officers (13 Superscale and 18 Timescale) were
re-posted to the newly-established Family
Justice Courts.
In determining the re-postings and
secondments, the relevant Personnel Boards,
Committees and approving authorities
considered and where feasible, accommodated
the specific posting and secondment
preferences of the LSOs concerned.
THE LEGAL SERVICE
COMMISSION SECRETARIAT
T
he LSC Secretariat adheres to the
following core values in the discharge
of its functions:
secondments, postings and attachments),
succession planning, discipline and exit
management.
(a) to attract, recruit and retain a fair share
of talent for the Legal Service;
The President and Members of the LSC
approved the re-appointment of Mr Hamzah
Moosa as the Chief of Staff of the Legal
Service for two years until 31 August 2015.
Mr Moosa continued to hold the concurrent
appointment as Secretary of the LSC and also
concurrently undertook duties as a District
Judge at the State Courts.
(b) to adopt a human capital management
system in which each LSO is encouraged
and offered the opportunity to develop
to the fullest of his or her potential;
(c) to empower each LSO to take
responsibility for and be conscious of
his or her career development;
(d) to recognise potential and performance
through the adoption of appropriate and
commensurate reward mechanisms; and
(e) to be transparent, consistent
innovative in people management.
and
The ambit of the LSC Secretariat’s
operations encompasses the following
elements: recruitment and establishment,
assessment, talent development, performance
management, compensation and benefits,
training and career development (including
The President and Members of the LSC
also approved the re-appointment and
appointment respectively of Ms Hoo Sheau
Peng and Ms Audrey Lim as Deputy Chiefs
of Staff for two years until 31 August 2015.
Ms Hoo continued to hold the concurrent
appointment of Deputy Chief Counsel
(Advisory & Administration) at the Civil
Division of the AGC and Ms Lim continued to
hold the concurrent appointment of Deputy
Chief Legislative Counsel at the Legislation
Division of the AGC. Ms Hoo was appointed
as a Judicial Commissioner with effect from
30 September 2014 and her term as Deputy
Chief of Staff accordingly concluded with
effect from the same date.
The LSC Secretariat implemented a wide
range of initiatives and programmes in 2014,
including:
(a) staffing the restructuring of the Legal
Service Personnel Boards along “Branch”
lines to clearly delineate the boundaries
of jurisdiction over LSOs in the Legal
Branch and the Judicial Branch of the
Legal Service;
(b) showcasing the array of career options
available in the Legal Service through
a diversity of platforms and outreach
programmes;
(c) enhancing the scope of the Legal Service
Internship Programme to enable more
students to experience first-hand the
full scope of work available in the Legal
Service;
(d) maintaining the recruitment of both
mid-career candidates and fresh law
graduates to cater to the manpower needs
of specific Legal Service departments
as well as to cater to the deployment of
LSOs to government agencies at which
no LSOs had hitherto been posted
or seconded, including the National
Environment Agency and the Health
Sciences Authority;
27
(e) collaborating with the Civil Service
College to run a suite of training
programmes for LSOs on the
performance appraisal framework and
processes relevant to the Legal Service;
(f) reviewing the range of milestone training
programmes and list of approved
institutions and subjects, and the LSC
Scholarships and Training Awards for
these programmes;
(g) staffing the award of LSC Scholarships
and Training Awards to LSOs to undertake
various milestone programmes;
(h) creating new LSO posts and
re-grading existing LSO posts at various
organisations, including the State Courts
and three new entities established in
2014, namely the Family Justice Courts,
the Singapore International Mediation
Centre and the Singapore Judicial College;
(i) seconding LSOs to Ministries, statutory
boards and key public institutions to
undertake specialist legal or policy work
or perform specialist functions; and
(j) organising the Singapore Legal Service
Dinner held on 20 March 2014.
A D VA N C I N G
T H E RU L E
O F
L A W
T
here were 589 Legal Service Officers
(“LSOs”) in the Legal Service as at
31 December 2014. The LSOs serve in various
capacities in the Judicial and Legal Branches
of the Legal Service and play a key role in
the advancement of the rule of law and the
29
administration of justice in Singapore. LSOs
may be posted to either the Judicial Branch or
the Legal Branch in the course of their work.
A brief overview of the work done by them
in 2014 is set out in this chapter.
THE JUDICIAL
BRANCH
T
he Chief Justice presides over the Judicial
Branch of the Legal Service, which is a
key component of the Singapore Judiciary. The
LSOs in the Judicial Branch serve in the Supreme
Court Registry, the Justices’ Law Clerks (“JLC”)
pool at the Supreme Court, the State Courts and
the Family Justice Courts (“FJC”).
At the Supreme Court, the LSOs in the Registry
are supervised by the Registrar of the Supreme
Court, while the JLCs come under the direct
oversight of the Chief Justice. At the State
Courts and the FJC, the LSOs are supervised by
the Presiding Judge of the State Courts and the
Presiding Judge of the FJC, respectively.
THE SUPREME COURT
The Constitution of the Republic of Singapore
provides that the Supreme Court shall consist
of the Court of Appeal and the High Court.
The Chief Justice is the head of the Supreme
Court. The LSOs in the Supreme Court are the
Chief Executive (Office of the Chief Justice)
(“CE”), the JLCs and the registrars.
The CE provides strategic policy and
administrative support to the Office of the
Chief Justice and oversees strategic projects as
directed by the Chief Justice. The CE, who is also
the Accounting Officer of the Supreme Court,
further supervises the corporate functions of
the Supreme Court, such as finance, human
resource and public affairs.
As at 31 December 2014, there were 26 JLCs
under the JLC Programme. JLCs generally
serve a two-year stint under the supervision
of the Chief Justice, during which they are
given the opportunity to work for the Court
of Appeal and the High Court by, inter alia,
undertaking legal research and providing inhearing support. The JLCs benefit immensely
from their exposure to the myriad types of
court cases and the mentorship of the Judges
and Judicial Commissioners, with whom they
interact regularly.
The Registrar, Deputy Registrar, four Senior
Assistant Registrars and 24 Assistant Registrars
(as at 31 December 2014) form the team of
registrars, who hold concurrent appointments
as Magistrates or District Judges. The Registrar
leads the team and the Supreme Court Registry
staff, as well as manages the business of the
Registry.
The registrars are empowered by law to discharge
judicial functions. In their civil jurisdiction,
the registrars hear a full range of pre-trial and
post-trial matters including applications for
summary judgment, applications for striking
out, assessments of damages, taking of
accounts, examination of judgment debtors
and applications involving writs of execution.
Through their hearing regimen, they acquire
considerable experience in civil procedure in
the context of various fields of substantive law,
thereby developing specialist competencies in
these areas and in litigation practice.
The registrars also exercise criminal jurisdiction
when, sitting in the appropriate judicial capacity,
they conduct for instance committal hearings
and criminal case disclosure conferences.
In the implementation of the Supreme Court’s
docket system, the registrars play a crucial
role in presiding over pre-trial conferences,
hearing applications and working closely
with the Registry staff, trial judges and
counsel to manage and prepare cases for trial.
The challenges of effecting judicial reform
and improving court processes and procedures
enrich and broaden the registrars’ experience in
the Supreme Court. The registrars implemented
the practice of costs scheduling and are also
exploring the feasibility of incorporating costs
budgeting as part of our civil practice. In the
Court of Appeal, reform measures were
introduced to, amongst other things, facilitate
mediation, and invite submissions by selected
non-parties where appropriate.
Further avenues for growth and learning are
presented by the engagement of the registrars
in a variety of projects and collaborations
with different institutions and agencies, such
as the Ministry of Law, the State Courts, the
Singapore Academy of Law, the Singapore
Mediation Centre, the Law Society of Singapore
and the ASEAN Law Association. Supporting
programmes like the Legal Assistance Scheme
for Capital Offences and the Young Amicus
Curiae Scheme are also managed by the registrars.
To equip the LSOs to fulfil their mission, they
are provided with quality training customised
to their talents and needs. The training and
development programmes include orientation
and induction, continuing legal education, local
and overseas conferences, and learning visits to
foreign courts.
As at 31 December 2014, plans were finalised
for the reorganisation of the Supreme Court
Registry into three Divisional Registries – for
the Court of Appeal, the High Court and the
Singapore International Commercial Court
(“SICC”). Each Divisional Registry will be
headed by a Divisional Registrar who will
report to the Registrar of the Supreme Court.
Separately, preparations for the much
anticipated launch of the SICC were completed,
with the expectation that the SICC would be
fully operational in 2015.
These changes will realise a new vision for the
Supreme Court and herald an exciting era in the
evolution of Singapore’s legal system.
Foo Chee Hock
Registrar
Supreme Court
SUPREME COURT REGISTRY
Ms Wendy Yap Peng Hoon, Ms Teh Hwee Hwee,
Foo Chee Hock (Registrar, Supreme Court), Chief Justice Sundaresh Menon,
Ms Juthika Ramanathan (Chief Executive, Office of the Chief Justice, Supreme
Court), Ms Cornie Ng Teng Teng, Christopher Tan Pheng Wee
(Left to Right) Second row:
Ms Jacqueline Lee Siew Hui, Ms Delphine Ho Yee Tien, Ms Wong Baochen,
Ms Karen Tan Teck Ping, Ms Melissa Mak Sushan, Ms Lim Sai Nei,
Ms Chong Chin Chin, Ms Jean Chan Lay Koon
Paul Chan Wei Sern, Jonathan Yap Han Ming, Teo Guan Kee,
Justin Yeo Rong Wei, Colin Seow Fu Hong, Nicholas Poon Guokun,
Edwin San Ong Kyar, Miyapan Ramu, Paul Tan Wei Chean, Zhuang WenXiong,
James Elisha Lee Han Leong
Not in picture:
Paul Quan Kaih Shiuh, Tan Sze Yao, Ms Kan Shuk Weng, Ms Una Khng,
Ms Janice Wong Shi Hui, Jay Lee Yuxian
31
JUSTICES’ LAW CLERKS
Ms Jamie Pang Ru Xue, Devathas Satianathan, Lim Wen Juin,
Chief Justice Sundaresh Menon, Chia Huai Yuan, Jonathan Muk Chen Yeen,
Ms Regina Lim Siew Mei
Chua Wei Yuan, Wong Thai Chuan, Ho Lian-Yi, Ms Yan Jiakang,
Ms Zeslene Mao Huijing, Ms Yeo Gek Min, Ms Norine Tan Yan Ling,
Kanesh s/o Balasubramaniam, Ramasamy s/o Nachiappan, Scott Tan Chun Wen
Liu Zhao Xiang, Wong Wei Hong, Ang Tze Siong, Teh Joo Lin, Afzal Ali,
Bryan Fang Hao Wen, Chen Zhida, Shaun Pereira, Kenny Lau Hui Ming
Not in picture:
Vince Gui Chuan Cheng
THE STATE COURTS
The year 2014 witnessed significant changes. In
March 2014, the Subordinate Courts were renamed
as the State Courts. The new name and logo were
launched by the Chief Justice at the inaugural State
Courts Workplan 2014. In April 2014, the office
of the Chief District Judge was replaced with
that of the Presiding Judge of the State Courts
(“PJSC”). The PJSC heads the State Courts, and is
concurrently a Judge or Judicial Commissioner of
the Supreme Court.
In October 2014, the Family Justice Courts were
launched as a separate judicial institution from the
State Courts. Presently, the State Courts comprise
the District Courts, the Magistrates’ Courts, the
Coroner’s Court and the Small Claims Tribunals.
The State Courts organised the inaugural Court
Excellence and Judicial Cooperation Forum in
March 2014. The three-day forum was attended
by senior judicial officers and court administrators
from the 10 ASEAN member states. It served as
a platform for participants to share best practices
in the area of judicial administration and to
foster judicial cooperation. This was followed
by two customised bilateral Judicial Governance
Programmes organised in collaboration with the
Civil Service College for the Sri Lankan Judges
Institute from 7 to 11 April 2014 and the Thai
judiciary from 8 to 17 September 2014.
The State Courts, partnering the Singapore
Academy of Law, organised the inaugural
Sentencing Conference in October 2014, with the
theme “Trends, Tools and Technology”. Recent
local and international developments in sentencing
law and practice and the use of technology
in sentencing were discussed. A total of 338
participants, both local and from overseas, attended
the conference.
33
The year also saw the establishment of the Progress
Accountability Court (“PAC”). A forward-looking
court that focuses on spurring, steering and
supporting change in sentenced offenders, the PAC
reviews the progress of offenders, focusing in its
preliminary phase on those sentenced to probation
and community-based sentences.
The Protection from Harassment Act 2014 (Act 17
of 2014) took effect in November 2014. As the Act
provides for civil remedies and criminal sanctions,
the Criminal and Civil Justice Divisions of the State
Courts have jointly developed court procedures
that will ensure seamless delivery of justice to court
users. Relevant information brochures were also
published for unrepresented litigants.
In the course of the year, the State Courts also
completed the implementation of projects initiated
in 2013. The Primary Justice Project and the Motor
Accident Guide were launched on 9 May 2014
and 23 April 2014, respectively. The new Order
108 of the Rules of Court (Cap. 322, R 5) was
also introduced, instituting a simplified civil trial
process for Magistrate’s Court claims, with a view
to resolving smaller value claims at proportionate
costs.
To end the year, the State Courts were conferred the
Work-Life Excellence Award on 7 November 2014
by the Tripartite Alliance for Fair and Progressive
Employment Practices. The review of 2014 would
not be complete without mention of the groundbreaking ceremony marking the commencement
of the construction of the new State Courts
Complex on 28 May 2014. The construction is
targeted for completion in 2019.
As at 31 December 2014, there were 71 LSOs in
the State Courts.
Judicial Commissioner See Kee Oon
Presiding Judge
State Courts
CRIMINAL JUSTICE DIVISION,
STATE COURTS
Mathew Joseph, Soh Tze Bian,
Judicial Commissioner See Kee Oon (Presiding Judge of the State Courts),
Chief Justice Sundaresh Menon, Ng Peng Hong, P Siva Shanmugam
Ms Carol Ling Feng Yong, Ms Salina bte Ishak, Ms Janet Wang Lan Jee,
Mrs Brenda Tan, Ms Michelle Yap, Ms Wong Choon Ning,
Ms Crystal Ong Wai Mun, Ms Carrie Chan Su-Lin
Eddy Tham Tong Kong, Adam Nakhoda, Ms May Lucia Mesenas, Lim Keng Yeow,
Christopher Goh Eng Chiang, Ronald Gwee, Imran bin Abdul Hamid,
Liew Thiam Leng, John Ng, Ms Sarah Tan Yin Tze, Kessler Soh Boon Leng
Not in picture:
Ong Hian Sun (Senior District Judge, Criminal Justice Division),
Ms Hamidah bte Ibrahim, Chay Yuen Fatt, Low Wee Ping, Ms Jasvender Kaur,
Luke Tan Loke Yong, Victor Yeo Khee Eng, Toh Yung Cheong,
Marvin Bay Boon Teck, Shaiffudin bin Saruwan, Lim Tse Haw,
Eugene Teo Weng Kuan, Mrs Lee-Khoo Poh Choo,
Shawn Ho Hsi Ming, Ms Kamala Ponnampalam
CIVIL JUSTICE DIVISION,
STATE COURTS
Ms Tan May Tee, Ms Wong Peck,
Chief Justice Sundaresh Menon,
Ms Foo Tuat Yien (Senior District Judge, Civil Justice Division),
Ms Ong Chin Rhu, Bala Reddy
David Lim Hock Choon, Ms Carolyn Woo Wai-Ling, Ms Low Lih Jeng,
Ms Lorraine Ho Yi May, Ms Laura Lau Chin Yui, Ms Lynette Yap Beng Lyn,
Ms Olivia Low Pei Sze, Ms Sandra Looi Ai Lin, Joseph Yeo Swee Teck
Ow Yong Tuck Leong, Kenneth Choo Wing Kong, Koh Juay Kherng, Peter Lo,
Chiah Kok Khun, Loo Ngan Chor, Samuel Chua Hwa Kuan, Seah Chi-Ling
Not in picture:
Ms Wong Li Tein, Ms Dorcas Quek Ern Ling, Ms Constance Tay Woan Fen,
Ms Karolyn Gin, Ms Josephine Kang
35
CORPORATE AND COURT SERVICES DIVISION AND
STRATEGIC PLANNING AND TRAINING DIVISION,
STATE COURTS
Chief Justice Sundaresh Menon,
Ms Jennifer Marie (Deputy Presiding Judge of the State Courts)
Tan Boon Heng,
Ms Jasbendar Kaur,
Lim Wee Ming,
James Leong Kui Yiu (Principal Director, SPTD)
37
THE FAMILY JUSTICE COURTS
of office before the Chief Justice on the same day.
The Family and Juvenile Justice Division operated
as a division of the State Courts from 1 January
2014 to 30 September 2014. It was headed by
Senior District Judge Ms Foo Tuat Yien until
12 March 2014 and subsequently by Ms Valerie
Thean until 30 September 2014.
The opening was followed by the 2nd Family
Justice Practice Forum, with the theme “New
Approaches to Family Justice”, to continue an
ongoing dialogue between agencies, organisations,
family law practitioners and mental health
professionals in the family justice system.
On 4 July 2014, the Committee for Family
Justice (“CFJ”), set up in 2013 to study how
the family justice system can be strengthened,
released its recommendations. These included
the creation of a comprehensive specialist family
court structure with enhanced court powers
and case management policies and processes.
The CFJ’s key recommendations, accepted by
the Government on the same date, culminated
with the passing of the Family Justice Act 2014
(Act 27 of 2014) (“FJA”) in Parliament on 4 August
2014. Amongst other things, the FJA established
a new judicial institution, the Family Justice Courts
(“FJC”), comprising the Family Courts, the Youth
Courts and the Family Division of the High Court
(“HCFD”). Appeals from the Family Courts and
Youth Courts are heard by the HCFD.
In line with the recommendations of the CFJ,
new Rules of Court and Practice Directions
governing the FJC also came into effect on
1 October 2014 relating to the following areas:
The FJC is headed by the Presiding Judge, who is
a Judge or Judicial Commissioner of the Supreme
Court. A central Registry manages and administers
all cases of the FJC.
The FJC was officially opened on 1 October 2014,
the day the FJA came into operation. Ms Valerie
Thean, who took office as Judicial Commissioner
on 30 September 2014, was appointed the first
Presiding Judge of the FJC. District Judge Chia
Wee Kiat was appointed the first Registrar and
Senior District Judge of the FJC whilst District
Judge Ms Jen Koh was appointed the Deputy
Registrar. The first batch of Assistant Registrars
was also appointed. The Registrar, Deputy
Registrar and Assistant Registrars took their oaths
(a) Judicial Case Management which allows the
court to proactively direct the conduct of
proceedings, assigning cases to dedicated
tracks and assigning specific judges to hear
and manage certain cases;
(b) appointment of a Child Representative to
represent the best interests of the child;
(c) extension of mandatory counselling and
mediation to include divorce cases where
there is at least one child 14 years of age and
over but under 21 years old;
(d) expansion of counselling and mediation
services to cases other than divorces; and
(e) appointment of a Court Friend for
unrepresented parties, through the Court
Friend Scheme administered by the
Community Justice Centre and NUS Pro
Bono Office.
The momentous year culminated in an appreciation
tea hosted by the Chief Justice on 17 November
2014 with the judges of the new FJC.
As at 31 December 2014, there were 30 LSOs in
the FJC.
Judicial Commissioner Valerie Thean (Ms)
Presiding Judge
Family Justice Courts
FAMILY JUSTICE COURTS
Wong Keen Onn, Chia Wee Kiat,
Judicial Commissioner Valerie Thean Pik Yuen
(Presiding Judge of the Family Justice Courts),
Chief Justice Sundaresh Menon, Judicial Commissioner Debbie Ong, Ms Jen Koh,
Kevin Ng Choong Yeong
Ms Michelle Elias Solomon, Ms Nicole Loh Wern Sze, Ms Miranda Yeo Eng Joo,
Ms Masayu Norashikin Binte Mohamad Amin, Ms Kathryn Low Lye Fong,
Ms Lee Li Choon, Ms Wendy Yu, Ms Sim Khadijah, Ms Angelina Hing,
Ms Kimberly Scully
Sowaran Singh, Eugene Tay, Colin Tan Boon Chwee,
Mrs Regina Ow-Chang Yee Lin, Ms Tan Peck Cheng, Ms Suzanne Chin,
Ms Janice Chia Yong Yong, Ms Cheryl Koh, Edgar Foo Mau Peng, Wong Sheng Kwai
Not in picture:
Ms Jocelyn Ong, Muhammad Hidhir Bin Abdul Majid, Ms Joyce Low,
Ms Sharon Lim Hui Mien, Ms Shobha Gopalakrishnan Nair, Ms Tan Shin Yi,
Ms Lim Choi Ming, Ms Loi Teck Yi Yarni, Ms Geraldine Kang
39
THE LEGAL
BRANCH
T
he Attorney-General heads the Legal
Branch. Legal Branch LSOs may serve
in the Attorney-General’s Chambers (“AGC”)
or in departments of Ministries with LSO
positions, or be seconded to statutory boards
and key public institutions.
criminal proceedings independently of the
Government. He is also the Government’s
principal legal adviser, the drafter of laws,
the guardian of charities and the regulator of
foreign lawyers and foreign law practices in
Singapore.
THE ATTORNEY-GENERAL’S
CHAMBERS
The AGC’s vision is to be the guardian of the
public interest and the steward of the rule of
law in Singapore. The AGC’s mission is to
serve Singapore’s interests and uphold the rule
of law through the provision of sound advice,
effective representation, fair and independent
prosecution and accessible legislation.
The AGC is led by the Attorney-General
Mr V K Rajah, S.C., who was appointed
to the office of the Attorney-General on
25 June 2014. On 1 February 2014, former
Judicial Commissioner of the Supreme Court
Mr Lionel Yee, S.C. returned to the AGC,
where he assumed office as the SolicitorGeneral.
The
critical
in the
Public
control
Attorney-General
performs
a
constitutional role in Singapore
administration of justice. As the
Prosecutor, he exercises overall
over and provides direction in all
The Attorney-General is assisted by the LSOs
in the five legal divisions of AGC. These are
the Criminal Justice Division (“CJD”), the
Financial and Technology Crime Division
(“FTCD”), the Civil Division, the International
Affairs Division (“IAD”) and the Legislation
Division (“LEGIS”). There are also LSOs in
the Attorney-General’s Office of the AGC,
including the Knowledge Management Unit.
THE ATTORNEY-GENERAL, THE DEPUTY ATTORNEY-GENERAL,
THE SOLICITOR-GENERAL AND THE HEADS OF THE DIVISIONS OF
THE ATTORNEY-GENERAL’S CHAMBERS
Mr Tan Siong Thye, S.C.
(Deputy Attorney-General [with effect from 2 February 2015]),
Mr Lionel Yee Woon Chin, S.C. (Solicitor-General)
Tan Ken Hwee (2 Chief Prosecutor, FTCD [with effect from 1 January 2015]),
Tai Wei Shyong (Chief Prosecutor, CJD),
Mrs Owi Beng Ki (Deputy Solicitor-General [with effect from 1 January 2015] &
Chief Legislative Counsel, Legislation Division),
David Chong Gek Sian, S.C. (Chief Counsel, Civil Division),
Ms Mavis Chionh Sze Chyi, S.C. (Chief Prosecutor, FTCD),
Pang Khang Chau (Director-General, IAD)
ATTORNEY-GENERAL’S OFFICE,
ATTORNEY-GENERAL’S CHAMBERS
Mr Jeffrey Chan Wah Teck, S.C. (Deputy Solicitor-General),
Mr Tan Siong Thye, S.C.
(Deputy Attorney-General [with effect from 2 February 2015]),
Mrs Owi Beng Ki (Deputy Solicitor-General [with effect from 1 January 2015] &
Chief Legislative Counsel, Legislation Division)
Ms Low Siew Ling,
Charles Lim Aeng Cheng (Parliamentary Counsel, Special Projects &
Chief Knowledge Officer),
Ms Gay Hui Yi
41
CRIMINAL JUSTICE DIVISION
The CJD is headed by Chief Prosecutor Tai
Wei Shyong, who works with four Deputy
Chief Prosecutors to manage the Division.
In November 2014, the State Prosecution
Division merged with the CJD. The CJD
is responsible for all High Court and State
Court criminal matters, other than financial
and technology crimes.
The CJD is divided into six Litigation
Directorates and one Policy, Advisory,
Research and Training Directorate. LSOs
in the six Litigation Directorates prosecute
criminal cases in both the Supreme Court
and the State Courts. In addition to the
conduct of prosecutions, the LSOs also make
prosecutorial decisions on a wide range of
criminal matters.
The AGC Satellite Deployment Programme,
whereby LSOs are deployed to Police Land
and Specialised Divisions to advise the
police on prosecutorial matters, commenced
in 2014. This programme greatly increased
the efficiency of our officers in terms of
the clearance of investigation papers, and
has helped in identifying and addressing
legal issues which arise in the course of
investigations.
Providing good training to our officers
is a major focus of the CJD. In 2014,
56 Prosecutors were sent for specialist training
courses (including advocacy attachments)
and conferences. Prosecutors were sent for
advocacy attachments at the Hong Kong
Department of Justice, the Office of Public
Prosecutions in Victoria (Australia), and
local and overseas law firms where they were
attached to leading advocates.
Some notable cases which were handled by
the CJD in 2014 include:
(a) Little India Riots – The CJD handled
all the criminal prosecutions (25 in total)
arising from the riot which occurred on
8 December 2013 in Little India – one
of the worst public order disturbances
in Singapore. Officers from the CJD
represented the State at the Committee of
Inquiry convened to look into the causes
of the riot.
(b) Mandatory Death Penalty Resentencing
Cases – The CJD is handling the
re-sentencing of all offenders sentenced
to the mandatory death penalty after
amendments to the Penal Code (Cap. 224)
and the Misuse of Drugs Act (Cap. 185)
were effected to give the Courts discretion
not to impose the death penalty in certain
defined circumstances.
As at December 2014, there were 135 LSOs
in the CJD.
Tai Wei Shyong
Chief Prosecutor
Criminal Justice Division
43
FINANCIAL AND TECHNOLOGY (d) Public Prosecutor v Mohammed Azhar
Bin Tahir (DAC No. 46739 of 2013,
CRIME DIVISION
The FTCD (formerly the Economic Crimes and
Governance Division) is a specialist Division
that prosecutes commercial, corruption and
Casino Control Act (Cap. 33A) offences.
The FTCD also handles appeals and other
proceedings arising from these prosecutions.
Cases handled by the FTCD in 2014 include:
(a) Public Prosecutor v Lim Cheng Hoe
(DAC 39357 of 2013, unreported) –
The former Chief of Protocol of the
Ministry of Foreign Affairs was charged
for inflating claims for pineapple tarts and
wines by $88,997. He was convicted and
sentenced to 15 months’ imprisonment.
(b) Public Prosecutor v Yeo Seow Hiong Edwin
An Assistant Director with the Corrupt
Practices Investigation Bureau (“CPIB”)
was charged for misappropriating more
than $1.7 million in public funds. He was
convicted and sentenced to 10 years’
imprisonment.
(c) Public Prosecutor v Li Lianying & Li Peng
Five Chinese Nationals came to Singapore
to cheat elderly women by claiming that
the women were haunted by spirits and
had to bring their valuables for an exorcism
session. The conspirators succeeded in
cheating two elderly women of valuables
totalling $439,000. Two conspirators were
arrested and sentenced to four years and 10
months’ imprisonment, and three years and
five months’ imprisonment, respectively.
unreported) – The offender had carried
out a cross-site scripting attack on the
website of the Prime Minister’s Office. He
was convicted and sentenced to six months’
imprisonment.
(e) Ding Si Yang v Public Prosecutor ([2015]
SGHC 8) – The offender was convicted
of corruptly giving gratification in the form
of free sexual services to three Lebanese
FIFA officials as an inducement to fix a
football match. On appeal, his sentence was
enhanced from 36 months’ to five years’
imprisonment.
FTCD LSOs are also deployed to the
Commercial Affairs Department and the
CPIB to provide legal advice and facilitate the
disposition of cases. In addition, FTCD LSOs
are part of the Civil Penalty Practice Group,
which handles civil penalty cases for market
misconduct under the Securities and Futures Act
(Cap. 289) on behalf of the Monetary Authority
of Singapore. In collaboration with the IAD,
FTCD LSOs also represent Singapore at the
Financial Action Task Force, an international
body that sets anti-money laundering standards
and counter-terrorist financing measures.
As part of training and development, FTCD
LSOs were attached to barristers’ chambers and
counterpart agencies overseas and to local law
firms in 2014.
As at 31 December 2014, there were 60 LSOs
in the FTCD.
Mavis Chionh, S.C. (Ms)
Chief Prosecutor
CRIMINAL JUSTICE DIVISION, ATTORNEY-GENERAL’S CHAMBERS
Anandan Bala, Eugene Lee, Ms Marie Christina Koh, Vincent Ong, Ms Krystle Chiang, Ms Jane Lim, Ms Sharmila Sripathy,
Ms Santhra Aiyyasamy, Yang Ziliang, Ms Elaine Liew, Ms Goh Yi Ling, Clement Yong, Joshua Lim, Senthilkumaran s/o Sabapathy,
Ms Ong Luan Tze, Ms Lin Yinbing, Kevin Tan, Low Chun Yee, Ms Chloe Lee, Ms Rachel Ng, Ms Rachel Lee, Ryan David Lim,
Ms Chee Min Ping, Ramesh Ethan, Ms S Puspha, Marshall Lim, Nicholas Wuan, Dwayne Lum, James Low, Ms Claire Poh, Ms Tan Si En,
Ms Shen Wanqin, Ms Bagchi Anamika, Ms Kavita Uthrapathy, Ms Eunice Ng, Terence Szetoh, Ms Sarah Shi, Justin Seng,
Ms Jesintha Veijayaratnam, Kumaresan s/o Gohulabalan, Ms Jasmine Chin-Sabado, Ms Ruth Teng, Marcus Foo, Jason Nim, James Chew,
Ms Chee Ee Ling, Ms Boppana Sruthi, Ms Star Chen, Elton Tan, Ms Amanda Chong
Not in picture:
Ms Sarah Chua, Sia Jiazheng, Kenneth Kee, Tan Wee Hao, Timotheus Koh, Tan Soo Tet, Zhong Zewei, Jason Chua,
Mansoor Amir, Sean Lee, Chan Yi Cheng, Caleb Tan, Lee Zu Zhao, Chin Jincheng, Jeremy Lua, Tang Shangjun,
Suhas Malhotra, Gabriel Choong, Ms Kelly Ho
Ms Daphne Lim, Ms Delicia Charmaine Tan, Norman Teo, Michael Quilindo, Fong Jing Heng, Ma Hanfeng,
Rajiv Rai, Houston Johannus, Kenny Yang, Quek Jing Feng, Winston Man, Kong Kuek Foo, Vikneswaran s/o Kumaran,
Prem Raj Prabakaran, John Lu, Muhammad Faizal Nooraznan, Lim How Khang, Nicholas Lai, Ms April Phang, Ms Yvonne Poon
(Left to Right) Third row:
Ms Christine Liu, Ms Parvathi Menon, Ms Sanjna Rai, Ms Selene Yap, Ms Zhang Hongchuan, Ms Carene Poh, Ms Siti Adrianni Binte
Marhain, Ms Stephanie Koh, Ms Toh Puay San, Ms Sheryl Janet George, Ms Allison Phua, Ms Michelle Lu, Ms Tan Yanying, Ms Tan Wen
Hsien, Ms Teo Lu Jia, Ms Tay Jingxi, Ms Zhou Yihong, Ms Crystal Tan, Ms Sarah Ong, Ms Charlene Tay Chia, Ms Eunice Lau
Mrs Shahla Iqbal, Terence Chua, Han Ming Kuang, Lau Wing Yum, Bhajanvir Singh, Hay Hung Chun,
Tai Wei Shyong (Chief Prosecutor), Mr Tan Siong Thye, S.C. (Deputy Attorney-General [with effect from 2 February 2015]),
Mr V K Rajah, S.C. (Attorney-General), Mr Lionel Yee Woon Chin, S.C. (Solicitor-General), Ng Cheng Thiam, Kow Keng Siong,
David Khoo, Lee Sing Lit, Francis Ng, Sellakumaran Sellamuthoo, Mark Jayaratnam, Wong Kok Weng
45
FINANCIAL AND TECHNOLOGY CRIME DIVISION,
Andre Jumabhoy, Amardeep Singh, Jiang Ke-Yue, Ms Cheryl Lim, Ms Sandy Dawn Baggett, Nicholas Tan, Ms Yau Pui Man,
Ms Jurena Chan, Joshua Lai, Kumaresan s/o Gohulabalan, Ms Christine Liu, Sia Jiazheng, Ryan David Lim
Not in picture:
Asoka Markandu, Jacky Leong Weng Tat, Nicholas Khoo, Nathaniel Khng, Francis Zhang, Eugene Sng, Navindraram Naidu, Shaun Lee,
Tow Chew Chi, Muhamad Imaduddien, Hon Yi, Tang Shangjun, Suhas Malhotra, Jeremy Lua, Kwek Chin Yong, Jeremy Yeo
Rajiv Rai, Vikneswaran s/o Kumaran, Kelvin Kow, Gregory Gan, Norman Yew, Sanjiv Vaswani, Thiagesh Sukumaran,
Kenneth Chin, Joel Chen, Chong Yonghui, Nicholas Seng, Vadivalagan Shanmuga, Victor Lim
Ms Neo Xiulin Sherlyn, Ms Kok Shu-En, Ms Ang Siok Chen, Ms Grace Goh Chioa Wei, Ms Magdalene Huang, Ms Victoria Ting,
Ms Eunice Lim, Ms Sheryl Janet George, Ms Ang Feng Qian, Ms Ng Jean Ting, Ms Chew Xin Ying, Ms Grace Lim, Ms Jasmin Kaur Saini,
Ms Stacey Anne Fernandez, Ms Loh Hui-Min, Ms Lynn Tan, Ms Charis Low, Ms Foong Leong Parn, Ms April Phang
Alan Loh Yong Kah, Terence Chua, Christopher Ong, Peter Koy, David Chew, Ms Mavis Chionh, S.C. (Chief Prosecutor),
Mr Tan Siong Thye, S.C. (Deputy Attorney-General [with effect from 2 February 2015]), Mr V K Rajah, S.C. (Attorney-General),
Mr Lionel Yee Woon Chin, S.C. (Solicitor-General), Tan Ken Hwee (2 Chief Prosecutor, FTCD [with effect from 1 January 2015]),
Tan Kiat Pheng, Leong Wing Tuck, G Kannan, Gordon Oh
47
INTERNATIONAL AFFAIRS
DIVISION
The IAD’s mission is to advance and protect
Singapore’s interests through international
law. It does so by providing legal advice and
assistance to the Government on all aspects
of international law, representing Singapore
at international negotiations and international
dispute settlement proceedings. The IAD is
also the Central Authority of Singapore for
handling requests for extradition and mutual
legal assistance.
In 2014, the IAD was intensively engaged in
negotiations on various fronts. We contributed
actively to negotiations over economic
treaties such as the EU-Singapore Free Trade
Agreement, the Trans-Pacific Partnership
Free Trade Agreement, the Regional
Comprehensive Economic Partnership, and
the Turkey-Singapore Free Trade Agreement.
IAD LSOs led the negotiations for a maritime
boundary treaty with Indonesia (signed in
September 2014) and the ASEAN Convention
on Trafficking in Persons, and supported
agencies in the negotiations over the Arms
Trade Treaty which Singapore signed in
December 2014. We also participated in
various conferences, such as the 20th Session
of the International Seabed Authority in
July 2014, which saw Singapore’s successful
election into the Council, the 20th Session of
the UN Framework Convention on Climate
Change Conference of Parties, and the
10th Session of the Kyoto Protocol
Conference of Parties in December 2014,
which resulted in the Lima Call for Climate
Action.
The year 2014 also marked the establishment
of a permanent IAD post at Singapore’s
Permanent Mission to the UN in New York
(“NY Mission”), in addition to the post
established at Singapore’s Permanent Mission
in Geneva five years ago. Another LSO was
attached to the NY Mission for three months
during the 69th session of the UN General
Assembly.
Locally, the IAD provided substantial support
to government agencies, particularly in
reviewing Singapore’s anti-money laundering
and terrorist financing regime (in collaboration
with the FTCD), Singapore’s implementation
of its obligations under the UN Convention
Against Corruption, and the convening
of the International Advisory Panel on
Transboundary Pollution and enactment of
the Transboundary Haze Pollution Act 2014
(Act 24 of 2014).
The IAD was also involved in preparing
Singapore’s case in two international disputes
– the Railway Land arbitration between
Singapore and Malaysia, and third-party
proceedings at the World Trade Organisation
in the cases brought against Australia over its
tobacco plain packaging legislation.
For the IAD’s annual International Law
Speaker Series, Sir Franklin Berman KCMG,
QC, a leading practitioner in the field of public
international law, shared valuable insights
on treaty interpretation and reservations to
treaties.
in the IAD.
Pang Khang Chau
Director-General
International Affairs Division
INTERNATIONAL AFFAIRS DIVISION,
Marcus Song Ee Pin, Mrs Rena Lee, Pang Khang Chau (Director-General),
Mr Tan Siong Thye, S.C. (Deputy Attorney-General [with effect from 2 February 2015]),
Mr Lionel Yee Woon Chin, S.C. (Solicitor-General), Ms Daphne Hong Fan Sin,
Ivan Chua Boon Chwee, Kow Keng Siong
Ms Ravneet Kaur, Ms Terri Lim, Ms Deena Bte Abdul Aziz Bajrai,
Ms Seraphina Fong Mian Yi, Ms Mary-Elisabeth Chong Xinling, Ms Ilona Tan Lin Yen,
Ms Sarala Kumari d/o Subramaniam, Ms Sabrina Choo Wen Shan
Michael Lin Yuande, Luke Tang, Vinesh Winodan, Kenneth Wong Weixiong,
Paul Chia Kim Huat, David Low Quan Ming, Dennis Tan Chuin Wei
Not in picture:
Ms Danielle Yeow Ping Lin, Ms Nor’ashikin Binte Samdin, Ong Chin Heng,
Jason Tan Theng Kok, Derek Loh Kong Yue, Ms Davinia Filza Binte Abdul Aziz,
Ms Chung Yoon Joo, Toh Shin Hao, Ms Lee Ti-Ting, Ms Natalie Yu-Lin Morris-Sharma,
Ms Jean Kua Zhizhen, Ms Shirin Chua, Ms Wong Li Ru
49
CIVIL DIVISION
The Civil Division (“Division”) plays a vital role
in protecting and advancing the Government’s
interests, facilitating the administration
of justice and upholding the rule of law.
The Division advises the Government on
a wide range of complex legal issues, and
represents the Government and certain public
institutions in legal proceedings and alternative
dispute resolution.
Some of the significant matters handled by the
Division in 2014 were:
(a) Re Beloff Michael Jacob QC ([2014] 3 SLR
424) – In this leading Court of Appeal
decision on ad hoc admissions of foreign
counsel under the new Legal Profession
Act (Cap. 161) framework, the AttorneyGeneral’s appeal against the ad hoc admission
of Queen’s Counsel for a commercial matter
was allowed.
(b) Selvi d/o Narayanasamy v Attorney-General
(High Court) – Pursuant to a suit filed
by the estate of an inmate who died in
prison, the Attorney-General successfully
negotiated a settlement of the matter, with
the estate unreservedly and unconditionally
withdrawing allegations of assault and abuse
of authority against certain prison officers.
(c) Tey Tsun Hang v Attorney-General
([2015] 1 SLR 856) – The AttorneyGeneral successfully applied to strike out
judicial review proceedings brought by
the applicant against the decision of the
Controller of Immigration not to grant him
a re-entry permit. The High Court accepted
that judicial review applications may be
struck out.
(d) Yan Jun v Attorney-General ([2015] 1
SLR 752) – The Court of Appeal upheld
the Attorney-General’s position that the
applicant’s numerous claims should be
struck out (with one claim remaining). The
Court recognised, inter alia, that a 3-year
limitation period applies to both intentional
and unintentional torts where damages for
personal injuries are claimed.
(e) Land Acquisition Appeals – The Division
handled four Land Acquisition Appeals
before the Appeals Board and successfully
defended them. The Division will go on to
defend one of these cases before the Court
of Appeal in July 2015.
The Division actively engaged stakeholder
agencies to implement the Attorney-General
(Additional Functions) Act 2014 (Act 25 of
2014), allowing AGC to represent prescribed
statutory boards in judicial review and other
court proceedings, subject to statutory
conditions being met.
The Division continued to offer a full suite of
local and overseas training programmes for its
officers, as well as training opportunities for
officers outside the Division. Together with the
Civil Service College, the Division organised
the annual Public Officers’ Law Seminar, which
was also attended by government lawyers from
Malaysia and Brunei.
As of 31 December 2014, there were 49 LSOs
in the Division.
David Chong Gek Sian, S.C.
Chief Counsel
Civil Division
CIVIL DIVISION,
Yeong Zee Kin, Soh Kee Bun, Ms Sia Aik Kor,
David Chong Gek Sian S.C. (Chief Counsel),
Mr Lionel Yee Woon Chin, S.C. (Solicitor-General), Ms Aurill Kam Su Cheun,
Hui Choon Kuen, Ms Toh Hwee Lian
Ms Wong Pui Kay, Ms Hannah Cheng Xin Ying, Ms Debra Lam Qian Yi,
Ms Germaine Boey Yi Ling, Ms Cheng Yuxi, Ms Elsie Lee Yuejia, Ms May Ng,
Ms Ailene Chou Xiujue, Ms Ruth Yeo Su An, Ms Nicole Evangeline Poh Jia Yin,
Ms Larissa Lim Fen Ping
Terence Ang Ming Sheng, Alexander Sim Li’an, Jonathan Ee Wenyang, Ang Weih-Yeow,
Ms Ang Ching Pin, Jeyendran Jeyapal, Ms Jeanette Justin, Leon Michael Ryan,
David Lee Yeow Wee, Ang Boon Kwan, Sivakumar Ramasamy
Wilbur Lua Wei Liang, Teo Yu Chou, Edrick Guo Zhixian, Viveganandam Jesudevan,
Nicholas Lim Kah Hwee, Adrian Loo Yu Hao, Lim Wei Shin, Khoo Boo Jin
Not in picture:
Ms May Loh Bee Bee, Ms Tammy Low Wan Jun, Ms Linda Esther Foo Hui Ling,
Ms Chua Ying-Hong, Ms Cheryl Siew May Yee, Fu Qijing, Koo Zhi Xuan, Ms Then Ling,
Zheng Shaokai, Ms Tay Ser Bee, Ms Elgina Chua Feng Yi
51
LEGISLATION DIVISION
LEGIS (formerly the Legislation and Law
Reform Division) provides law drafting and
legislative advisory services for policies initiated
by the Government and more than 60 statutory
boards. LEGIS also provides free online access
to Singapore legislation through the Singapore
Statutes Online website, and performs regular
compilation of amended legislation through law
revision.
2014 STATISTICS
Some Bills introduced in 2014 implemented
notable policies, including:
(a) measures to restore calm and maintain
public order in Little India in the
immediate aftermath of the riot on
8 December 2013;
Bills introduced in
Parliament
43
(1,947 pages)
(b) civil remedies and criminal sanctions
against cyber bullying and physical
harassment;
Subsidiary legislation
(“SL”) published
893
(3,900 pages)
(c) measures aimed at preventing haze
pollution in Singapore;
Gazette Notifications
vetted
411
(d) establishing the new Family Justice
Courts;
Legal advice rendered1
1,541 pieces
Acts revised
45
(1,862 pages)
SL revised
1
(c) highest number of Bills introduced in one
Parliament sitting (10 Bills comprising
427 pages).
7
(1,205 pages)
Excluding advice provided in the course of drafting.
LEGIS set several records in 2014:
(a) highest total page count of SL published
in a year;
(b) highest total page count for Bills
introduced in one Parliament sitting
(eight Bills comprising 624 pages); and
(e) regulating online gambling;
(f) ensuring that Singapore’s corporate
regulatory regime is robust and supports
Singapore’s growth as a global hub for
businesses and investors; and
(g) targeting human trafficking, with measures
to assist, protect and support trafficked
victims.
LEGIS collaborated with the National
University of Singapore and the Singapore
Management University to organise the third
and final run of the AGC Law Reform Essay
Competition. Winners were offered cash
prizes and internship positions with LEGIS.
In collaboration with the Civil Service
College, LEGIS continued conducting
training courses on translating policy into
law and legislative drafting. These courses
were attended by public sector officers
and government lawyers from our regional
counterparts. LEGIS also continued investing
in local and overseas training for its officers.
Under a reciprocal exchange arrangement, an
Assistant Parliamentary Counsel and a LEGIS
LSO undertook training attachments in each
other’s jurisdiction for one month.
LEGIS also embarked on Phase 2 of the PLUS
(Plain Laws Understandable by Singaporeans)
53
project, which aims to improve the readability
and understanding of Singapore’s legislation.
Since July 2014, LEGIS has adopted new
drafting styles to simplify and modernise the
text of Singapore’s legislation.
in LEGIS.
Owi Beng Ki (Mrs)
Deputy Solicitor-General
(with effect from 1 January 2015) and
Chief Legislative Counsel
Legislation Division
LEGISLATION DIVISION,
Phang Hsiao Chung, Mrs Owi Beng Ki (Deputy Solicitor-General [with effect from
1 January 2015] & Chief Legislative Counsel, Legislation Division),
Ms Audrey Lim Yoon Cheng, Lee Chuan Huei, Phua Wee Chuan
Ms Elizabeth Chua Ming Ying, Ms Esther Yee Swee Yoong, Ms Jaime Tey Su Fung,
Mrs Wendy Chang Mun Lin, Ms Hung Ning Shing, Ms Woon Seow Cheng,
Ms Shahrinah bte Abdol Salam, Ms Cheryl Seah Li Min, Ms Michelle Yeo Hui Min,
Ms Anne Goh
Seow Zhixiang, Sivabalan Thanabal, Ms Karen Ang Aiping, Lim Jit Hee,
Chong Kah Wei, Ms Cheryl Chai Chang Yun
Not in picture:
Ms Hema Subramanian, Mrs Joyce Chao Suling, Terence Chua, Ms Lee Yean-Lin,
Mrs Lim Su Ching
MINISTRIES, LEGAL SERVICE
DEPARTMENTS AND
STATUTORY BODIES
L
SOs may be posted to Ministries as
representatives of the Attorney-General
to undertake a broad range of legal work. The
current Ministries are: Defence; Law; Home
Affairs; Manpower; Education; Health; Social
and Family Development; Culture, Community
and Youth; and Communications and
Information. The LSOs provide legal advice,
draft and vet legal documents, and assist in the
review and drafting of legislation. They may
also be involved in the formulation of policies,
administration of finances and personnel,
training of staff and other leadership or
management functions within the respective
Ministries.
LSOs may also be posted to Legal Service
55
Departments or seconded to statutory
bodies and key public institutions. These
departments and organisations include the
Legal Aid Bureau, the Insolvency and Public
Trustee’s Office, the Commercial Affairs
Department, the Competition Commission
of Singapore, the Accounting and Corporate
Regulatory Authority, the Intellectual
Property Office of Singapore, the Singapore
Land Authority, the Monetary Authority of
Singapore, the Office of the Public Guardian,
the Economic Development Board, the Inland
Revenue Authority of Singapore, the National
Environment Agency, the Singapore Medical
Council, the Health Sciences Authority
and the Singapore International Mediation
Centre. In each of these departments and
organisations, a senior LSO usually assumes
primary responsibility for the administration
and management of the department or
organisation.
THE ATTORNEY-GENERAL, THE DEPUTY ATTORNEY-GENERAL,
THE SOLICITOR-GENERAL AND HEADS/SUPERVISORS OF
LEGAL BRANCH DEPARTMENTS
Ms Teoh Ai Lin (Director, Legal Services Department, MINDEF),
Vincent Hoong Seng Lei (Chief Executive, SLA),
Tan Puay Boon (Director, LAB),
Toh Han Li (Chief Executive, CCS)
Kok Pin Chin Stanley (Director, Legal Office, MOH),
Ms Ching Sann (General Counsel, Legal Division, EDB),
Alvin Koh (Chief Legal Officer, Law Division, IRAS),
Ms Lee Lit Cheng (Senior Director, Legal Division, MHA),
Ms Thian Yee Sze (Director-General, Legal Group, MinLaw),
Ms Joan Janssen (2 Director-General, Legal Group, MinLaw),
Ms Jeanne Lee (Divisional Director, Legal Services Division, MOM),
Kenneth Yap Yew Choh (Chief Executive, ACRA),
Ms Jill Tan Li Ching (Official Assignee & Public Trustee, IPTO),
Ms Amy Tung Chew Ming (Director-Designate, Legal Services Unit, MSF
[with effect from 16 Feb 2015]),
Loke Shiu Meng (Director, Legal Services Branch, MOE)
Not in picture:
Daren Tang (Deputy Chief Executive, IPOS),
Ms Melinda Moosa (Senior Director, Legal Unit, MCCY),
Ms Lim Hui Min (Director, Legal Services Unit, MSF),
Ms Daphne Chang (Director, Legal Services Department, MCI),
Isaac Tan (Director, Legal Policy, NEA)
MINISTRY OF SOCIAL AND
FAMILY DEVELOPMENT
The Legal Services Unit (“LSU”) of the Ministry
of Social and Family Development (“MSF”)
provides legal advice to the MSF on a diverse
range of issues including data protection,
services for the disabled, the Baby Bonus
scheme, gambling safeguards, child protection
and family law and the administration of the
Mental Capacity Act (Cap. 177A). The LSU
also vets the MSF’s contracts and provides legal
input and advice on the review and amendment
of legislation under the MSF’s purview, such as
the Women’s Charter (Cap. 353), the Adoption
of Children Act (Cap. 4) and the Children and
Young Persons Act (Cap. 38).
The LSU conducts a legal education programme
(consisting of fortnightly talks or seminars)
57
for the MSF’s officers. Topics covered in 2014
included legitimate expectations, contract
drafting and Singapore’s legal system. In
addition, the LSU conducted quarterly Master
Classes for legally trained MSF officers, which
focused on administrative and constitutional law
matters. For its own LSOs, the LSU organised
quarterly learning journeys to places related to
the MSF’s work (such as the National Council
on Problem Gambling), enabling the LSOs to
better understand the context in which their
legal advice is sought and given.
As at 31 December 2014, there were four LSOs
in the LSU.
Lim Hui Min (Ms)
Director
Legal Services Unit
Ministry of Social and Family Development
LEGAL SERVICES UNIT, MINISTRY OF SOCIAL AND FAMILY DEVELOPMENT
(Left to Right):
Ms Eunice Chong Miao En, Ms Lim Hui Min (Director, Legal Services Unit, MSF),
Ms Amy Tung Chew Ming (Director-Designate, Legal Services Unit, MSF [with
effect from 16 Feb 2015]), Ms Tan En En, Ms Elena Yip Luyang
MINISTRY OF DEFENCE
The
Legal
Services
Department
(“Department”) of the Ministry of Defence
(“MINDEF”) provides legal advisory services
to the MINDEF, the Singapore Armed Forces
(“SAF”) and MINDEF-related organisations.
The Director of the Department is also ex
officio the Chief Military Prosecutor.
Besides advising on legal issues such as
compensation for service injuries and the
discharge of servicemen, the LSOs from
the Department gazetted as State Counsel
represented the MINDEF as a “properly
interested person” in various Coroners’
Inquiries into the deaths of servicemen.
The Department also worked closely with
the MINDEF policy departments on the
Committee to Strengthen National Service
initiatives. This included work to implement
the new IPPT system and the passing of
legislation to implement the SAF Volunteer
Corps scheme with approval from the Armed
Forces Council.
The Department’s Military Prosecutors
prosecute persons subject to military law in
the Subordinate Military Courts. In CMP v
3WO Mohammed Ilmiizhar Bin Mohd Ilias
(MCA 4/2014), the Department successfully
argued that the benchmark sentence for
misappropriation of ammunition cases should
be detention.
In 2014, the Armed Forces Council approved
the appointment of the first legally trained
Registrar of the Subordinate Military Courts
from the Department. The Military Law
section also spearheaded a project to review
the disciplinary processes for servicemen with
psychiatric issues.
The Department plays a key role in the legal
training of the SAF units. Regular lectures
were conducted on topics such as operations
in aid of civilian authorities under Part XIIA
of the SAF Act (Cap. 295), and the Law of
the Sea. Legal dialogues were regularly held
with senior SAF officers to foster awareness
and a culture of observance of the rule of law
and the Law of Armed Conflict.
As at 31 December 2014, there were nine
In 2014, LSOs from the Department LSOs in the Department.
participated in several major SAF exercises
and advised on the Law of Armed Conflict Teoh Ai Lin (Ms)
and Rules of Engagement. The Department Director
was also involved in the negotiation and Legal Services Department
drafting of defence-related agreements.
Ministry of Defence
LEGAL SERVICES DEPARTMENT,
MINISTRY OF DEFENCE
Ms Asanthi Shiyara Mendis,
Chan Wang Ho,
Ms Teoh Ai Lin (Director, Legal Services Department),
Ms Sharon Ong Su Min,
Ms Hee Mee Lin
Kow Keng Wee,
Paul Lie Yi Fang,
Ng Der Lim
Not in picture:
Gilbert Low Teik Seang
59
LEGAL AID BUREAU
The mission of the Legal Aid Bureau (“Bureau”)
is to provide quality legal aid and advice to
persons of limited means in a wide range of civil
matters, including matrimonial cases, monetary
claims, estate matters and applications under the
Mental Capacity Act (Cap. 177A). The LSOs
in the Bureau provide legal representation in
court, assistance in drafting legal documents
and advice on Singapore law.
The Bureau handled more than 8,700 fresh
cases in 2014. In addition, the Bureau was
involved in a seminal Court of Appeal case
concerning the International Child Abduction
Act (Cap. 143C) and the Hague Convention
on the Civil Aspects of International Child
Abduction.
The Bureau strives to continually improve
on its service excellence and work efficiency,
and in April 2014, underwent an internal
reorganisation to streamline its operations.
In October 2014, the Bureau shifted to its
new office premises with improved facilities
for members of the public. The Bureau is
proud to have received official recognition
for its overall organisational excellence in its
ISO 9001:2008 re-certification in 2014.
As at 31 December 2014, there were
more than 500 solicitors on the Bureau’s
panel of solicitors, and in 2014, over 200
solicitors assisted the Bureau with its cases
by representing applicants in court and
submitting legal opinions on their cases.
To further promote the pro bono spirit,
the Bureau also appoints lawyers without
practising certificates as Volunteer Assistant
Directors of Legal Aid (“VADLAs”). In 2014,
a total of 14 VADLAs assisted the Bureau in
its work.
In its endeavour to sow the seeds of the
pro bono spirit in future lawyers, the Bureau
hosted more than 100 participants in its
internship and volunteer programmes for law
undergraduates, as well as work experience
programmes for students about to commence
their undergraduate studies in law. The Bureau
also continued its collaboration with the
National University of Singapore’s Faculty
of Law on the Clinical Legal Education
Programme where undergraduates gain
practice experience by assisting two faculty
members, who are VADLAs, in handling the
Bureau’s cases.
in the Bureau.
Tan Puay Boon
Director
Legal Aid Bureau
LEGAL AID BUREAU
Ms Lim Jen Hui, Louis D’Souza, Tan Puay Boon (Director, LAB),
Tan Jen Tse, Ms Karen Loh
Sheik Mustafa Bin Abu Hassan, Chew Minhai Edmund, Ms Yvonne Goh,
Ms Rachel Gan, Ms Cassandra Cheong, Ms Wileeza Binte A Gapar, Ms Hui Jia Lun,
Sunari Bin Kateni, Ethan Liu Junhao, Goh Kiat Yi
Not in picture:
Ms Suriakumari Sidambaram, Ms Sheela Kumari Devi
61
INSOLVENCY AND PUBLIC
TRUSTEE’S OFFICE
before the PT is appointed to assume various
duties under the PTA.
The Insolvency and Public Trustee’s Office
(“IPTO”) is headed by the Official Assignee,
who holds the concurrent appointments
of Public Trustee (“PT”), Registrar of
Moneylenders and Registrar of Pawnbrokers.
The LSOs in the IPTO provide advice
on legal issues that arise in individual and
corporate insolvencies, trust matters and
in the regulation of moneylenders and
pawnbrokers. The LSOs also undertake
litigation work ranging from insolvencyrelated hearings before the High Court and
the Court of Appeal, to the prosecution of
offenders under the Bankruptcy Act (Cap. 20)
and the Moneylenders Act (Cap. 188) in the
State Courts. The LSOs also contribute to law
reform in the areas of law within the IPTO’s
ambit.
In a major overhaul of the Pawnbrokers
Act (Cap. 222), the LSOs worked with their
colleagues in the Ministry of Law and the
AGC to update the Act and strengthen the
Registrar’s regulatory powers. The LSOs also
continued work on the Omnibus Insolvency
Bill and major amendments to the bankruptcy
regime.
In 2014, the IPTO’s LSOs worked with
the Legislation Division of the AGC on
amendments to the Public Trustee Act
(Cap. 260) (“PTA”), which came into effect
in December 2014. Significant amendments
included a new scheme for paying interest
to the estates whose funds are held by the
PT, and the introduction of a requirement
to obtain the PT’s views or written consent
In 2014, notable criminal cases prosecuted
by the IPTO LSOs were Chee Weng
Kheong Andrew v Public Prosecutor
(MA 42/2014, unreported), in which the
accused was convicted of four charges under
the Bankruptcy Act (Cap. 20) for fraudulent
disposal of property, and Tan Beng Chua v
Public Prosecutor ([2014] 3 SLR 1274), in
which the accused was convicted of four
charges under the Bankruptcy Act (Cap. 20)
for the making of false statements. The appeals
by the accused persons were dismissed.
As at 31 December 2014, there were eight
LSOs in the IPTO. Jill Tan (Ms)
Official Assignee & Public Trustee
Insolvency and Public Trustee’s Office
INSOLVENCY AND PUBLIC TRUSTEE’S OFFICE
Lim Yew Jin,
Ms Jill Tan Li Ching (Official Assignee & Public Trustee, IPTO),
Ms Beverly Wee Ying Ling
Davyd Chong Wenquan,
Ms Goh Yin Dee,
Paul Cheong Yuen
Not in picture:
Ms Kavitha Kandesan
63
MINISTRY OF LAW
The Legal Group and policy divisions at
the Ministry of Law (“MinLaw”) play an
important role in upholding the rule of law,
promoting access to justice, and advancing
Singapore’s social and economic objectives
by ensuring a sound and progressive legal
framework.
The Legal Policy Division (“LPD”) steers
substantive law reform in criminal, civil
and family law. It also oversees legal policy
matters in Government. The LPD ensures
that all legislation reflects sound legal policy
principles. In 2014, the LPD vetted more than
40 Bills for legal policy compliance. The LPD
also enacted landmark legislation to enhance
the protection of persons against harassment
and implemented the recommendations of
the Family Justice Committee to establish
the new Family Justice Courts through the
enactment of the Family Justice Act 2014
(Act 27 of 2014).
The International Legal Division (“ILD”)
promotes and safeguards Singapore’s
interests through the development of a
progressive international law framework
which is consistent with the rule of law, and
coordinates a whole-of-government approach
to international legal policy. In 2014, the ILD
moved legislative amendments to strengthen
the international criminal cooperation
framework,
formalised
deeper
legal
cooperation ties with Myanmar and worked
on amendments to the Legal Profession Act
(Cap. 161) to prevent money laundering and
financing of terrorism.
The Legal Industry Division (“LID”)
develops the legal services and dispute
resolution sector to meet local, regional
and international demands. In 2014, the
LID amended the Legal Profession Act
(Cap. 161) to modernise the regulatory
framework for the legal profession and
supported work relating to the supply of
lawyers, the Singapore International Mediation
Centre and Singapore International Mediation
Institute.
The Policy Advisory Division (“PAD”) works
closely with other policy divisions in MinLaw
on the legal aspects of policy formulation and
implementation. In 2014, the PAD worked
with policy divisions to introduce anti-piracy
site blocking amendments to the Copyright
Act (Cap. 63) as well as other amendments
to the Legal Profession Act (Cap. 161) and
various land-related bills. The PAD also
enacted legislative amendments to establish
the Singapore International Commercial Court.
The Community Legal Services Division
(“CLSD”) oversees policies related to the
functions of the Legal Aid Bureau, the
Insolvency and Public Trustee’s Office and
the Community Mediation Unit. It also
plays a pivotal role in developing policies to
enhance access to justice. In 2014, the CLSD
spearheaded legislative changes to enhance
the regulatory framework for pawnbrokers
and supported the implementation of an
enhanced Criminal Legal Aid Scheme.
in the MinLaw.
Thian Yee Sze (Ms)
Director-General
Legal Group
Ministry of Law
LEGAL GROUP,
MINISTRY OF LAW
Lim Jian Yi, Ms Cheng Pei Feng,
Ms Thian Yee Sze (Director-General, Legal Group, MinLaw),
Ms Joan Janssen (2 Director-General, Legal Group, MinLaw), Leong Kwang Ian
Ms Yap Cai Ping, Ms Ang Swee Yan, Ms Soh Weiqi, Ms Lynda Lee Gek Huang,
Ms Toh Jia Yi, Ms Kathryn Thong Lijuan, Ms Faith Boey Yongwei
Terence Tan Zhong Wei, Yeo Zhi Yuan Stephen, Jordon Li Mingjie,
Ng Shi Zheng Louis, Ms Crystal Tan Huiling, Darryl Soh Wen Yan, Ms Teo Siqi
Not in picture:
Ms Melanie Chng Ai Ling, Ms Joan Sim Su Mei,
Ms Diane Tan Yi-Lui, Ms Stephanie Tan
65
MINISTRY OF HOME AFFAIRS
The Legal Division (“LD”) of the Ministry of
Home Affairs (“MHA”) provides legal advice
to the MHA and its departments, including the
Singapore Police Force, the Central Narcotics
Bureau, the Singapore Prison Service, the
Immigration and Checkpoints Authority and
the Singapore Civil Defence Force.
The LD advises on operational and policy
matters relating to over 50 statutes that come
under the purview of the MHA, covering
various aspects of the law including criminal,
tort, contract, and public and administrative
law. The LD also advises on fund management,
financial contracts, board resolutions and
board papers for the Board of Trustees
managing the superannuation fund, as well
as issues relating to judicial review and claims
made against the Government.
In 2014, the LD was involved in numerous
legislative projects including the Protection
from Harassment Act 2014 (Act 17 of 2014),
the Remote Gambling Act 2014 (Act 34 of
2014) and the Liquor Control (Supply and
Consumption) Bill (No. 1/2015). The LD also
rendered legal support in the establishment
of the new Independent Review Panel, an
initiative of the Minister for Home Affairs,
Deputy Prime Minister Teo Chee Hean, to
review findings of internal investigations into
cases of serious alleged misconduct by Home
Team officers, to foster greater public trust
and confidence in the integrity of the Home
Team.
The LD supports the MHA and its
departments by drafting and reviewing
procurement contracts, agreements and crossborder memoranda of understanding. In
2014, a significant assignment undertaken by
the LD related to the agreements connected
with the INTERPOL Global Complex for
Innovation.
The LD operates a full-time Secretariat for
the Criminal Law Advisory Committees
(“CLACs”) appointed under the Criminal
Law (Temporary Provisions) Act (Cap. 67)
(“CLTPA”). The LSOs in the LD may be
appointed as Secretaries to assist the CLACs
during hearings by examining witnesses and
leading evidence. The LD also supports
the MHA by preparing submissions on the
assessment of evidence in relation to detention
and police supervision orders issued under
the CLTPA.
The LSOs in the LD represent the MHA and
its departments in Coroner’s Inquiries and
other inquiries, such as the inquiry into the
riot in Little India on 8 December 2013.
As at 31 December 2014, there were five
LSOs in the LD.
Lee Lit Cheng (Ms)
Senior Director
Legal Division
LEGAL DIVISION,
(Left to Right):
Ms Ruth Wong Shuyi,
Jeffrey Sim Mong Heng,
Ms Lee Lit Cheng (Senior Director, Legal Division, MHA),
Ronald Ang Ee Lin,
Ms Dora Tay Joo Ling
67
MINISTRY OF MANPOWER
these cases. Assistant Commissioners hearing
work injury claims piloted a number of
The LSOs in the Legal Services Division initiatives to expedite cases.
(“LSD”) of the Ministry of Manpower
(“MOM”) handle the MOM’s prosecution, The Civil/Legislative Branch worked on
adjudication, advisory and legislative work.
the Foreign Employee Dormitories Bill
(No. 43/2014) and amendments to the
Following the Little India riot in December Industrial Relations Act (Cap. 136). The
2013, a Committee of Inquiry (“COI”) was department rendered 943 pieces of advice in
convened in February and March 2014. The 2014, substantially more than in 2013. The
MOM was called upon to give evidence at the issues considered included whether a foreign
COI and our LSOs were closely involved in embassy in Singapore could be compelled
the preparations for this.
to appear in a case where its employee
made a claim for unpaid salary under the
In 2014, the Prosecution Branch handled Employment Act (Cap. 91) and the impact of
over 2,500 cases, of which 504 were the USA Patriot Act of 2001 on the MOM’s
prosecuted and 40 went for trial. 38% more procurement process.
cases proceeded to trial in 2014 than in
2013. New sentencing benchmarks were In 2014, the LSD designed and implemented
set in cases under the Workplace Safety and the Prosecution, Adjudication and Civil
Health Act (Cap. 354A) for employers who System (“PACS”), an IT platform which brings
fail to ensure the safety and health of their together multiple systems within the LSD.
workers – PP v CGW Construction Pte Ltd PACS allows officers to create a knowledge
(MOM Summons 1412/2013, unreported). database and generate statistics. It links to
The MOM also took stiffer enforcement the MOM’s enforcement branches’ databases
action where forged educational certificates and to the State Courts’ case filing system,
were used to apply for work passes in the allowing for seamless transfer of documents.
services sector.
As at 31 December 2014, there were four
Under the Administrative Financial Penalty LSOs in the LSD.
regime which empowers appointed LSD
officers to impose financial penalties for
regulatory breaches of the Employment Jeanne Lee (Ms)
of Foreign Manpower Act (Cap. 91A), the Divisional Director
Adjudication Branch assessed 824 cases in Legal Services Division
2014, issuing financial penalties in 15% of Ministry of Manpower
LEGAL SERVICES DIVISION,
MINISTRY OF MANPOWER
(Left to Right):
Ms Vala Muthupalaniappan,
Mark Tay Swee Keng,
Ms Jeanne Lee (Divisional Director, Legal Services Division, MOM),
Ivan Chua,
Benjamin Yim,
Ms Ho Su-Lyn
69
MINISTRY OF EDUCATION
The Legal Services Branch (“LSB”) of the
Ministry of Education (“MOE”) provides legal
services to the MOE, its various divisions and
over 270 Government schools. These include
advising the MOE on its regulatory powers,
contracts, disciplinary matters, personal data
protection obligations, personal injury claims
and intellectual property rights.
In 2014, the LSB assisted with the
implementation of the MOE’s framework
for the registration of instructors hired by
schools. The LSB was also involved in the
commencement of various human resource
initiatives, such as the review of the MOE’s
recruitment processes and the benchmarking
of outcomes for disciplinary cases.
In the area of legislation, the LSB assisted
the MOE with amendments to the Education
Endowment and Savings Schemes Act
(Cap. 87A), which extended Edusave
contributions to all children who are Singapore
citizens.
Finally, the LSB assisted and advised on the
finalisation and execution of the inaugural
joint funding agreement between the MOE
and various voluntary welfare organisations in
respect of funding to be provided to Special
Education Schools.
LSOs in the LSB.
Loke Shiu Meng
Director
Legal Services Branch
LEGAL SERVICES BRANCH, MINISTRY OF EDUCATION
(Left to Right):
Ms Dawn Lim Shiqi, Loke Shiu Meng (Director, Legal Services Branch, MOE),
Ms Elizabeth Lee Liang Mae, Shen Zongwei Melvin
MINISTRY OF HEALTH
The Legal Office (“LO”) of the Ministry of
Health (“MOH”) provides legal services to the
MOH’s senior management, its divisions and
(where appropriate) statutory bodies under
the MOH’s purview. These services include
legal advice, litigation support, advising on
legislative drafting and developments, drafting
and vetting commercial and non-commercial
agreements, and directing prosecutions
initiated by the MOH.
In 2014, the LO played a critical role in
advising on and drafting new legislation, most
notably the MediShield Life Scheme Act 2015
(Act 4 of 2015). The LO also worked with the
MOH and the AGC on subsidiary legislation
to implement the ban on the importation and
sale of shisha tobacco. In addition, the LO
advised the MOH on its responses to various
71
emerging threats to Singapore’s public health,
such as the recent dengue outbreak, Middle
Eastern Respiratory Syndrome (MERS)
and Ebola virus disease. The LO revised
the framework for the Community Health
Assist Scheme and vetted the contractual
framework underpinning the SG50 Seniors
Package. Finally, 2014 saw the conclusion
of the MOH’s prosecution of two doctors
and a medical clinic in connection with the
premature death of their patient during a
liposuction procedure.
LSOs in the LO.
Kok Pin Chin Stanley
Director (Legal)
Legal Office
Ministry of Health
LEGAL OFFICE, MINISTRY OF HEALTH
(Left to Right):
Ms Parveen Kaur Nagpal, Andre Moses Tan,
Kok Pin Chin Stanley (Director, Legal Office, MOH), Ms Karin Lai Yiling
MINISTRY OF
COMMUNICATIONS AND
INFORMATION
As at 31 December 2014, there were two
LSOs in the LSD.
The Legal Services Department (“LSD”)
of the Ministry of Communications and
Information (“MCI”) advises and provides
legal support to the divisions of the MCI and
its senior management. The LSD supports
the MCI in a wide range of areas including
the exercise by the MCI of its regulatory
and statutory functions, the statutory
interpretation of legislation under the MCI’s
purview, and its policy deliberations on
amendments to legislation as well as issues
relating to implementation and administration
of newly amended or promulgated legislation.
The LSD also provides legal support to the
MCI in its dealings with the statutory boards
under its purview (namely the Infocomm
Development Authority of Singapore, the
Media Development Authority, the National
Library Board and the Personal Data
Protection Commission).
Daphne Chang (Ms)
Director
Legal Services Department
Ministry of Communications and Information
LEGAL SERVICES DEPARTMENT,
MINISTRY OF
COMMUNICATIONS AND
INFORMATION
The LSD advises on, drafts and reviews
contractual and quasi-contractual documents
including procurement contracts, grant
agreements, licence agreements, scholarship
agreements, memoranda of understanding
and website terms of use.
The work of the LSD covers a wide range of
legal issues including statutory interpretation,
constitutional and administrative law, contract
law, tort law and intellectual property law.
(Left to Right):
Ms Ang Ching Hwei,
Ms Daphne Chang
(Director, Legal Services Department,
MCI)
MINISTRY OF CULTURE,
COMMUNITY AND YOUTH
The Legal Unit (“LU”) of the Ministry of
Culture, Community and Youth (“MCCY”)
works with all the divisions and departments
of the MCCY on a wide range of legal matters.
In 2014, the LU dealt with an increasingly
diverse range of work and consolidated its
role in legal risk management in the MCCY.
As preparations for Singapore’s Jubilee Year
in 2015 stepped up, the LU became busier
supporting the SG50 Programme Office led
by the Minister for Culture, Community and
Youth. With the formation of a new Youth
Corps Singapore division in July 2014, and
in the run-up to the establishment of the
National Youth Council as an autonomous
agency on 1 January 2015, the LU also
undertook more work in the youth and youthdevelopment sector.
LSOs in the LU.
Melinda Moosa (Ms)
Senior Director (Legal)
Legal Unit
Ministry of Culture, Community and Youth
LEGAL UNIT,
MINISTRY OF CULTURE,
COMMUNITY AND YOUTH
In addition, the LU helped manage contractual
and regulatory matters as well as assisted in
legislative work, including the review of the
Administration of Muslim Law Act (Cap. 3)
and the Co-operative Societies Act (Cap. 62).
As part of the LU’s contribution towards
capacity-building, it has embarked on the
creation of templates for use by the MCCY
officers and in-house legal training for
contracts and procurement. The LU will build
on such efforts in 2015.
73
(Left to Right):
Mohamad Zaki bin Jumahri,
Ms Melinda Moosa
(Senior Director, Legal Unit, MCCY)
COMMERCIAL AFFAIRS
DEPARTMENT, SINGAPORE
POLICE FORCE
As at 31 December 2014, there was one LSO
in the CAD.
The Commercial Affairs Department
(“CAD”) is the principal white-collar crime
enforcement agency in Singapore.
Tan Boon Gin
Director
Commercial Affairs Department
In 2014, low interest rates, out-of-reach
traditional asset prices and a loss of trust in
financial institutions saw investors turning
to products in the unregulated sector, such
as land banking, gold trading and overseas
housing projects. Thousands of such investors
were affected by the collapse of the entities
Profitable Plots, Geneva Gold and EcoHouse.
The CAD’s investigations taught us that
enforcement was not the best way to deal
with such cases as it was resource-intensive
and yet the monies recovered were often only
a fraction of the amounts invested. The CAD
engaged the Monetary Authority of Singapore
(“MAS”) on this issue and the MAS has issued
a consultation paper on the expansion of its
regulatory ambit into this sector.
COMMERCIAL AFFAIRS
DEPARTMENT
Trust in the regulated sector was further
eroded by the penny stock crash that wiped
$8 billion off the market capitalisation of the
Singapore Exchange. Following these events,
the CAD launched its biggest securities fraud
investigation to date, together with the MAS.
The year 2014 ended dramatically with the
CAD’s investigation into a China tour guide
who had allegedly abused the trust of an
elderly wealthy widow.
Tan Boon Gin
(Director, CAD)
75
COMPETITION COMMISSION
OF SINGAPORE
the CCS published a market study that it had
commissioned on the airline industry.
The year 2014 saw the Legal and Enforcement
Division of the Competition Commission of
Singapore (“CCS”) achieve the next milestone
of competition law enforcement with the
issuance of infringement decisions against
international cartels. In May 2014, four
Japanese ball and roller bearings manufacturers
and their Singapore subsidiaries were found to
have engaged in anti-competitive agreements
and unlawful exchange of information.
In December 2014, 10 freight forwarding
companies were sanctioned for collectively
fixing fees and surcharges, and exchanging
price and customer information. The CCS’s
LSOs were involved in the investigations that
resulted in financial penalties totalling more
than $16 million being imposed in these cases.
Besides legal work, the CCS’s LSOs were also
actively involved in advocacy and outreach
activities, such as delivering presentations on
competition policy and law to Government
agencies, local and international law firms, the
Law Society of Singapore and multi-national
corporations.
The mergers front was extremely busy as
the CCS received 10 merger notifications in
2014. The merger decisions included the first
conditional clearance granted on the basis of
behavioural and divestiture commitments,
and the first clearance granted on the basis of
a failing firm defence.
On the international front, LSOs at the CCS
were involved in the drafting and negotiation
of the competition chapters of the Regional
Comprehensive Economic Partnership, the
Turkey-Singapore Free Trade Agreement, as
well as capacity building for ASEAN Member
States ahead of the ASEAN Economic
Community 2015.
With the newly established Policy and Markets
Division, the CCS has expanded beyond
enforcement to delivering competition
advisories to Government agencies on the
market impact of their policies as well as
market studies into sectors where competition
may not have been working well. In 2014,
In addition, to kick off the CCS’s 10th
Anniversary, its LSOs spearheaded the
organisation of the CCS-SAL Competition
Law Conference in August 2014. This
biennal flagship event served as a platform
for competition regulators and practitioners
to gain insights on the latest developments
in competition policy and law from local and
international competition experts.
As at 31 December 2014, there were seven
LSOs seconded to the CCS.
Toh Han Li
Chief Executive
Competition Commission of Singapore
COMPETITION COMMISSION OF SINGAPORE
(Left to Right) Front Row:
Edmund Lam Hon Mern,
Lee Cheow Han,
Toh Han Li (Chief Executive, CCS),
Lee Jwee Nguan,
Jaime Pang
(Left to Right) Back Row:
Ms Serene Seet Lay Cheng,
Ms Qiu Huixiang
ACCOUNTING AND
CORPORATE REGULATORY
AUTHORITY
The Accounting and Corporate Regulatory
Authority (“ACRA”) is the national regulator
of business entities and public accountants.
The ACRA’s mission is to provide a responsive
and trusted regulatory environment for
businesses and public accountants.
The Chief Executive of the ACRA is also
the Registrar of Companies, Businesses,
Public Accountants, Limited Liability
Partnerships and Limited Partnerships, and
serves as an ACRA Board member. He sits
on several national and international councils
and committees including the Accounting
Standards Council of Singapore, the
Corporate Governance Oversight Committee
and the Singapore Accountancy Commission.
Internationally, he serves on the Executive
Committee of the Corporate Registers
Forum, the Board of XBRL International
and the Advisory Council of the International
Forum of Independent Audit Regulators.
In 2014, the Accounting and Corporate
Regulatory Authority Act (Cap. 2A) was
amended to enhance the regulatory framework
for corporate service providers by mandating
compliance with the Financial Action Task
Force’s standards for the prevention of money
laundering and terrorism financing. The
Corporate Service Providers Enforcement
and Regulation Department of the ACRA
implements this new regime.
77
The Companies Act (Cap. 50) was amended
in 2014 to reduce regulatory burdens on
companies and provide greater business
flexibility, while strengthening corporate
governance where necessary; and a new
Business Names Registration Act 2014 (Act 29
of 2014) (which will replace the Business
Registration Act (Cap. 32)) was enacted to
simplify the process for the registration of
persons and their business names.
The ACRA also embarked on new
enforcement strategies to encourage more
statutory compliance, and the ACRA LSOs
assisted in the expanded Financial Reporting
Surveillance Programme to further strengthen
the integrity and quality of corporate financial
reporting. The LSOs at the ACRA also
assisted as prosecuting counsel in disciplinary
proceedings against public accountants.
Additionally, the Institute of Corporate Law
(“ICL”) was launched to host a roundtable
for academic discussion of corporate law
issues and to implement training for directors
on their duties under the Companies Act
(Cap. 50). With ACRA LSOs as speakers, the
ICL has trained more than 1,000 directors on
their legal duties and responsibilities under
the Companies Act (Cap. 50).
seconded to the ACRA.
Kenneth Yap Yew Choh
Chief Executive
Accounting and Corporate Regulatory
Authority
ACCOUNTING AND CORPORATE
REGULATORY AUTHORITY
Ms Toh Wee San, Kenneth Yap Yew Choh (Chief Executive, ACRA),
Andy Sim Yock Ann
Cheok Yu-Liang, Ms P Arul Selvamalar, Leonard Goh Choon Hian,
Kenny Kung Yong Jin, Thomas Mathew Koshy, Elgin Tay Wei Xiong,
Ms Elena Yeo Ju-Lan
Not in picture:
Andrew Abraham, Nicholas Ngoh York Chao
INTELLECTUAL PROPERTY
OFFICE OF SINGAPORE
INTELLECTUAL PROPERTY
OFFICE OF SINGAPORE
The Intellectual Property Office of Singapore
(“IPOS”) is a statutory body under the
Ministry of Law. It administers and develops
Singapore’s intellectual property (“IP”)
regulatory regime, promotes IP usage and
provides specialised IP training. Our aim
is to build an IP regime that will help drive
innovation and creativity in Singapore,
enabling Singapore to be a global IP hub.
The year 2014 saw a major change in our
patents regime to a positive grant system. Our
attention has now shifted to the Copyright and
Registered Designs regimes, both of which
are undergoing major policy reviews to see
how they can better serve the needs of our
businesses and people. IPOS also worked with
major financial institutions to put together an
IP Financing Scheme which, for the very first
time in Singapore, allows companies to utilise
their patents as collateral for loans.
Internationally, IPOS took on the
chairmanship of IP negotiations in two key
agreements: the Trans-Pacific Partnership
Free Trade Agreement and the Regional
Comprehensive Economic Partnership. In
doing so, we hope to help establish Singapore
as a constructive and influential presence in
the international IP community.
LSOs seconded to the IPOS.
Daren Tang
Deputy Chief Executive
Intellectual Property Office of Singapore
(Left to Right):
Alan Hu,
Daren Tang
(Deputy Chief Executive, IPOS)
79
SINGAPORE LAND
AUTHORITY
The mission of the Singapore Land Authority
(“SLA”) is to optimise land resources for
the economic and social development
of Singapore. The SLA oversees the full
spectrum of dealings with State land, from
the sale, lease and allocation of State land, to
the management of State land and buildings,
and the acquisition of land for the State. The
SLA is also responsible for the management
of the national land registration and land
survey systems from which a national
three-dimensional (“3D”) topographic map
is being developed. The 3D map will support
Virtual Singapore, one of the projects under
the Smart Nation initiative announced by Prime
Minister Lee Hsien Loong in November 2014.
The LSOs in the SLA carry out a variety of
functions, such as management and statutory
functions, as well as legal advisory work.
A key initiative in 2014 was the amendment
of the Land Titles Act (Cap. 157) to improve
land administration. After a comprehensive
review in consultation with the Law Society of
Singapore, the Land Titles (Amendment) Act
2014 (Act 8 of 2014) was passed by Parliament
in February 2014. Salient changes include:
(a) empowering the court to create, vary or
extinguish easements;
(b) requiring a caveator to obtain a court
order for his caveat to remain on the
title instead of requiring the property
owner to obtain a court order to remove
it; and
(c) strengthening the regime for the
replacement of certificates of title to
prevent fraudulent use of lost titles.
To further improve the SLA’s land
administration and enhance the standing of
Singapore in the international sphere, the
LSOs in the SLA attend and present papers
at the annual Australasian Registrars of Title
Conference. This annual conference provides
opportunities for various jurisdictions,
mainly those with the Torrens system of
title registration, to share their challenges,
practices and innovations with regard to
the management and administration of
land. Singapore will be hosting the 2015
conference.
As at 31 December 2014, there were three
LSOs seconded to the SLA.
Vincent Hoong Seng Lei
Chief Executive
Singapore Land Authority
SINGAPORE LAND AUTHORITY
(Left to Right):
Ms Joyce Lee Ling Wei,
Ms Brenda Chua Wei Ling,
Vincent Hoong Seng Lei (Chief Executive, SLA),
Bryan Chew Chee Wan
81
MONETARY AUTHORITY OF
SINGAPORE
The Monetary Authority of Singapore
(“MAS”) conducts integrated supervision of
financial services in Singapore.
One LSO was seconded as Head of the
Secondary Markets Conduct and Enforcement
Division, where he oversees investigations and
enforcement actions undertaken by the MAS
for capital market misconduct. This Division
is also responsible for assisting foreign
regulators in cross-border investigations and
enforcement. Working closely with the AGC,
the Division brings civil penalty actions in
court for misconduct such as insider trading
and market manipulation.
Two LSOs were seconded to the Legal
Department (“LD”), which renders legal
advice to the other departments within the
MAS. In 2014, the LD worked on the review
of various Acts, including the Financial
Advisers Act (Cap. 110) and the Securities
and Futures Act (Cap. 289), and other
reforms intended to further the MAS’s role as
a financial supervisor.
One LSO was seconded to the Prudential
Policy Department (“PPD”). He works on the
review and development of financial policies.
In 2014, the PPD led a review of the Banking
Act (Cap. 19) and the Deposit Insurance
and Policy Owners’ Protection Schemes
Act (Cap. 77B), among other initiatives, to
enhance depositor protection and prudential
safeguards.
As at 31 December 2014, four LSOs were
seconded to the MAS.
Teo Guan Siew
Head, Secondary Markets Conduct and
Enforcement Division
Market Conduct Department
Monetary Authority of Singapore
MONETARY AUTHORITY OF SINGAPORE
Kevin Yong Ee Wen,
Teo Guan Siew (Head, Secondary Markets Conduct and Enforcement Division,
Market Conduct Department, MAS),
Ms Sarah Lam Yan Xia
Ng Yiwen,
Ms Serene Chew
Not in picture:
Ms Gillian Koh-Tan
83
OFFICE OF THE PUBLIC
GUARDIAN, MSF
Since its inception, the Office of the Public
Guardian (“OPG”) has accepted close to
9,000 Lasting Power of Attorney (“LPA”)
applications (as at 31 December 2014).
To make the LPA more accessible, a simplified
Form 1 was implemented in September 2014
with a two-year fee waiver for Singaporeans.
Applicants can also mail in their LPAs freeof-charge with SingPost’s Business Reply
Service.
seconded to the OPG.
Daniel Koh
Public Guardian
Office of the Public Guardian
Ministry of Social and Family Development
OFFICE OF THE PUBLIC
GUARDIAN, MSF
In two well-publicised cases, the Public
Guardian had to intervene in the donors’
LPAs to ensure that their interests were not
compromised by their appointed donees. This
brought into focus the role that the Public
Guardian plays in protecting those with
impaired mental capacity in our community.
Two committees were established to review
and refine the safeguards in executing the LPA
and increase accessibility of certificate-issuing
services. The OPG participated in the courts’
initiatives to simplify court forms for deputy
applications. The OPG is also harnessing
technology to move towards online execution
of LPAs and searches.
Under the panel deputy scheme, a lawyer and
a social worker were appointed as deputies
to enable long-term healthcare maintenance
of a person without mental capacity and to
enable next-of-kin to act on his behalf.
Daniel Koh
(Public Guardian, OPG)
ECONOMIC DEVELOPMENT
BOARD
The Economic Development Board (“EDB”),
a statutory body under the Ministry of Trade
and Industry, plans and executes economic
strategies for the growth and development of
the Singapore economy.
In support of the EDB’s investment
promotion efforts, the Legal Division
(“Division”) advises on tax incentives offered
by the EDB pursuant to the Economic
Expansion Incentives (Relief from Income
Tax) Act (Cap. 86) and the Income Tax Act
(Cap. 134), and both general and sectorspecific grant and loan schemes for the support
of innovation, research and development,
training and productivity initiatives.
(CA 165/2013, unreported), the expansion
of legal risk training and the review of
personal data protection processes.
LSOs seconded to the Division.
Ching Sann (Ms)
General Counsel
Legal Division
Economic Development Board
ECONOMIC DEVELOPMENT
BOARD
Other areas handled by the Division include:
(a) negotiation of agreements in respect of
the EDB’s initiatives;
(b) advising on the implications of Singapore’s
international obligations;
(c) proposing legislative amendments and
reforms;
(d) advising on the EDB’s regulatory functions
under the Control of Manufacture Act
(Cap. 57);
(e) property,
human
resource
and
procurement matters; and
(f) risk management and compliance.
In 2014, the Division’s work included
managing the EDB’s successful response to
the appeal in UDL Marine (Singapore) Pte
Ltd v Jurong Town Corporation and another
85
(Left to Right):
Ms Genevieve Lee,
Ms Ching Sann
(General Counsel, Legal Division, EDB)
INLAND REVENUE
AUTHORITY OF SINGAPORE
The Chief Legal Officer of the Division is also
a member of the IRAS Senior Management.
The Inland Revenue Authority of Singapore
(“IRAS”), a statutory body under the Ministry
of Finance, is tasked with administering,
assessing, collecting and enforcing the
payment of taxes. In recent years, the IRAS’s
role has expanded to include supporting
the administration of schemes such as the
Productivity and Innovation Credit (“PIC”)
Scheme and the Wage Credit Scheme to
facilitate business restructuring and increase
productivity.
LSOs seconded to the Division.
Alvin Koh
Chief Legal Officer
Law Division
Inland Revenue Authority of Singapore
INLAND REVENUE AUTHORITY
OF SINGAPORE
The Law Division (“Division”) of the
IRAS provides legal advice on a wide range
of tax issues, as well as constitutional and
administrative law matters. The Division
also represents the IRAS in tax-related civil
litigation and prosecutes tax-related offences,
such as tax evasion and PIC fraud. Annually,
as part of the Budget cycle, the Division
drafts legislative amendments and engages
in law reform. Finally, the Division provides
extensive corporate legal support to the IRAS
on intellectual property, contract, tort and
procurement issues.
As part of their training, the Division’s legal
officers attend seminars and conferences
on tax law and other relevant areas of law,
overseas legislative drafting courses and
attachments at barristers’ chambers.
(Left to Right):
Ms Quek Hui Ling,
Alvin Koh
(Chief Legal Officer, Law Division,
IRAS)
NATIONAL ENVIRONMENT
AGENCY
The National Environment Agency (“NEA”)
deals with environmental and public health
concerns including pollution, vector-borne
diseases and public hygiene. The Legal Policy
team provides legal advice and support to the
NEA’s senior management and its divisions,
including its enforcement arm.
The work of the Legal Policy team covers
legal issues and developmental policies that
span the realms of environmental, criminal,
public health and contract laws. To render
holistic and practical legal solutions, the team
actively engages the relevant stakeholders and
officers to fully understand key operational
87
issues and existing policies.
Significant work undertaken in 2014 included
the rendering of advice to help shape policies
relating to the licensing and enforcement
framework for food establishments, assisting
with enforcement matters, advising on
the interpretation of laws and overseeing
prosecutorial matters.
LSOs seconded to the NEA.
Isaac Tan Choon Kiat
Director
Legal Policy
National Environment Agency
NATIONAL ENVIRONMENT AGENCY
(Left to Right):
Ms Agnes Chan,
Isaac Tan (Director, Legal Policy, NEA)
SINGAPORE MEDICAL
COUNCIL
SINGAPORE MEDICAL
COUNCIL
The Legal Division (“LD”) of the Singapore
Medical Council (“SMC”) supports the work
of the SMC which, among other things,
regulates the professional conduct of medical
practitioners in Singapore. Primarily, the LD
exercises oversight over disciplinary inquiries
conducted under the Medical Registration
Act (Cap. 174) (“MRA”), including providing
input on the framing of charges and advising
on the procedural requirements and exercise
of investigative powers under the MRA.
The LD provides the necessary legal support
for the SMC’s other areas of work, such as
medical practitioner registration and the
election of SMC Council members, and
assists in ensuring the SMC’s compliance with
domestic laws and international agreements.
The LD plays an integral role in developing
the codes and guidelines issued by the SMC as
medical regulator and works closely with the
Ministry of Health on legislative amendments
to the MRA.
seconded to the SMC.
Mohamed Faizal Mohamed Abdul Kadir
Director (Legal) & General Counsel
Legal Division
Singapore Medical Council
Mohamed Faizal Mohamed
Abdul Kadir
(Director [Legal] and
General Counsel, Legal Division, SMC)
HEALTH SCIENCES
AUTHORITY
The Health Sciences Authority (“HSA”)
provides services including the regulation of
medical and health products, the collection and
maintenance of blood supply, the provision
of forensic medicine and scientific services,
the regulation of tobacco products, and
ensuring the safety of food, pharmaceutical
and cosmetic products. On 1 June 2014, one
LSO was seconded as Director, Legal Policy
to the HSA to strengthen the inter-agency
relationship between the AGC and the HSA.
The Director provides legal advice on
policies to meet the national demand for
forensic sciences, ensures that evidential gaps
in forensic findings are identified, and that
89
scientific findings for sensitive and high-profile
cases are expedited. The Director also guides
the HSA in the formulation of prosecution
policy and prosecution work.
Regular lectures, moot court sessions and
scientific report-writing training are conducted
for forensic scientists to build competencies in
court craft, criminal procedure and basic legal
principles.
seconded to the HSA.
Stella Tan (Ms)
Director
Legal Policy
Health Sciences Authority
HEALTH SCIENCES AUTHORITY
Ms Stella Tan (Director, Legal Policy, HSA)
SINGAPORE INTERNATIONAL
MEDIATION CENTRE
SINGAPORE INTERNATIONAL
MEDIATION CENTRE
The Singapore International Mediation
Centre (“SIMC”) was established in March
2014.
The SIMC provides mediation
services targeted at parties facing crossborder commercial disputes, in particular
those based in Asia. Alongside the Singapore
International Arbitration Centre (“SIAC”)
and the Singapore International Commercial
Court, the SIMC completes the suite of
international dispute resolution services in
Singapore.
Amongst other things, the SIMC offers
mediation
conducted
by
renowned
international mediators, assisted where
appropriate by technical experts; professional
case management services (such as appointing
the most suitable mediator for a dispute); and
a unique arbitration-mediation-arbitration
service with the SIAC.
The Deputy Chief Executive Officer of the
SIMC runs the operations of the SIMC,
ranging from case management to business
development and finance, and works
closely with key stakeholders to develop the
international commercial mediation space in
Singapore and beyond.
seconded to the SIMC.
Eunice Chua Hui Han (Ms)
Deputy Chief Executive Officer
Singapore International Mediation Centre
Ms Eunice Chua Hui Han
(Deputy Chief Executive Officer,
SIMC)
(POLICY)
MINISTRY OF HOME
AFFAIRS (POLICY)
Mr Andrew Tan is presently seconded to
the Policy Development Division (“PDD”)
of the Ministry of Home Affairs (“MHA”).
The PDD supports the MHA by reviewing
existing policies to ensure continued
relevancy and by implementing new policies
through administrative or legislative means in
anticipation of future changes. The policies
under the PDD’s purview include Singapore’s
policies on criminal justice, human rights,
security, immigration affairs and rehabilitation.
In the year 2014, the key legislative
amendments driven by the PDD were in
the Road Traffic (Amendment) Act 2014
(Act 28 of 2014), the main aims of which were
to ensure that the Traffic Police continues
to have the necessary enforcement and
regulatory powers to implement the Traffic
Police’s Safer Roads Singapore action plan,
enhance the competency of drivers, foster
greater responsibility in all vehicle owners and
motorists to keep Singapore’s roads safe, and
streamline administrative processes.
Andrew Tan
Deputy Director
(Policy Development and Security)
Policy Development Division
Andrew Tan
(Deputy Director [Policy Development
and Security], Policy Development
Division, MHA)
91
SINGAPORE
JUDICIAL BRANCH
STATE
COURTS
SUPREME
COURT
FAMILY JUSTICE
COURTS
Criminal
Justice Division
Supreme
Court Registry
Family Division,
High Court
Civil Justice
Division
Justices’ Law
Clerks Pool
Family
Courts
Corporate
& Court
Services Division
Registrar,
Appeals Board
Youth
Courts
(Land Acquisition)
93
LEGAL SERVICE
LEGAL BRANCH
ATTORNEY-GENERAL’S
CHAMBERS
LEGAL SERVICE
DEPARTMENTS/
POSTS IN
MINISTRIES
CRIME CLUSTER
Legal Aid Bureau
Financial &
Technology Crime
Division
Insolvency & Public
Trustee’s Office
International Affairs Division
Legislation Division
Civil Division
Ministry of Communications
& Information
(Legal Services Department)
Ministry of Culture,
Community & Youth
(Legal Unit)
(Legal Services Branch)
Ministry of Health
(Legal Office)
(Legal Services Division)
Ministry of Social &
Family Development
(Legal Services Unit)
Ministry of Law
(Legal Group)
Ministry of Defence
LEGAL SERVICE
DEPARTMENTS/
POSTS IN
STATUTORY
BOARDS
Accounting & Corporate
Regulatory Authority
Competition Commission
of Singapore
Economic Development
Board
(Legal Services Department)
(Planning & Policy Division)
Health Sciences Authority
(Legal Division)
Director,
Commercial Affairs
Department,
Singapore Police Force
Public Guardian,
Office of Public Guardian,
Ministry of Social &
Family Development
Intellectual Property
Office of Singapore
Inland Revenue
Authority of Singapore
(Law Division)
Monetary Authority
of Singapore
National Environment
Agency
Singapore International
Mediation Centre
Singapore Land
Authority
Singapore Medical
Council
(Legal Division )
MILESTONE
PRO GR AMMES
95
LSC POSTGRADUATE SCHOLARSHIPS
AND TRAINING AWARDS IN LAW
L
SC Scholarships and LSC Training
Awards are given out annually to
eligible Legal Service Officers (“LSOs”) to
pursue postgraduate programmes in law and
leadership or management programmes at
renowned local and overseas institutions.
Chambers [“AGC”]), Mr Tan Zhongshan
(from the Financial and Technology Crime
Division [“FTCD”], AGC), Mr Fu Qijing and
Ms Chua Ying-Hong (both from the Civil
Division, AGC) share their experiences of
undertaking their postgraduate studies in Law.
In 2014, six LSOs were awarded LSC
Scholarships to pursue their Masters of Laws
(“LLM”). Ms Tan Shin Yi (from the Family
Justice Courts), Mr Paul Quan (from the
Supreme Court Registry), Mr Koo Zhi Xuan
(from the Civil Division, Attorney-General’s
Ms Haniza Abnass (from the FTCD, AGC)
received an LSC Training Award (of HalfPay Leave) in conjunction with the Japanese
Mongbukagakusho Scholarship to study
for an LLM in Japan. She also shares her
experiences with us.
TAN SHIN YEE
(LLM, NATIONAL UNIVERSITY OF SINGAPORE)
I
was initially apprehensive about going
back to school after 11 years, but I firmly
believe that regular training and continuing
legal education is essential in order to prevent
intellectual stagnation. Returning to the
National University of Singapore as a graduate
student has been an extremely rewarding
experience. I took several international and
comparative law subjects taught by visiting
professors who are widely regarded as
authorities in their chosen fields, and greatly
enjoyed the thought-provoking discussions in
class as well as the range of intriguing topics
on which I based my research papers. I am
extremely grateful to the Family Justice Courts
and the Legal Service for this opportunity.
PAUL QUAN, KOO ZHI XUAN &
TAN ZHONGSHAN
(LLM, HARVARD UNIVERSITY)
(Left to Right): Tan Zhongshan, Paul Quan and Koo Zhi Xuan
FU QIJING
(LLM, COLUMBIA UNIVERSITY)
W
e arrived at Harvard as eager students
in anticipation of its famed pedagogy,
esteemed faculty members and diverse student
body. We were completely won over by the
exceptional intellectual richness, vibrancy and
openness on campus. We read widely, ranging
from philosophical texts to doctrinal law,
and honed our practical legal skills. We also
attended many extra-curricular seminars on
hot-button and cutting-edge issues, witnessing
first-hand the law school’s keen awareness of
and involvement in contemporary debates
over issues affecting society at large. This
exhilarating experience has greatly enriched
and inspired us to be better thinkers and
lawyers, for which we are deeply indebted to
the LSC, the Supreme Court and the AGC.
“
Enriching” – the word that most aptly
describes my experience in Columbia Law
School. Studying the law in a wide spectrum
of legal fields, including international law,
copyright, comparative constitutional law,
human rights, advocacy and trial strategy, as
well as commercial regulatory law and policy,
has been deeply gratifying; not least because
the curriculum was often contemporaneously
relevant with world events as they unfolded,
sometimes right here in New York. The
vibrant and cosmopolitan nature of the city
constantly propelled me to reflect and think
about law and morality without bias. My time
here has allowed me to mature both as a
lawyer and as a person. I am truly grateful.
CHUA YING-HONG
(LLM, CAMBRIDGE UNIVERSITY)
HANIZA ABNASS
(LLM, KYUSHU UNIVERSITY)
97
T
he learning afforded by the Cambridge
Master of Laws is remarkable. The
course compels the rethinking of supposedly
trite legal principles, as to be expected when
one is taught by such fine academics as
Professor Worthington and Professor Virgo.
What was less anticipated was the edification
to be gained from other students. With
students from more than 40 countries in the
programme, there was ample scope for crossfertilisation and what struck me, in particular,
was the frequency with which civilian and
common lawyers proffered similar, if not
identical, answers to difficult issues. This LLM
has indubitably broadened my mind, and I
thank the Legal Service for the experience.
S
tudying in Japan has been fantastic. I
have made new friends working in the
civil services of various South-East Asian
countries – people whose paths I would
never have crossed otherwise. At the same
time, I have been able to hone my (rusty)
command of the Japanese language through
extra-curricular lessons and interaction with
Japanese classmates.
It has been an eye-opening experience to learn
about the legal thinking of a civil law country
like Japan. I look forward to gaining some
practical experience during my upcoming
internships with law firms in Fukuoka. I am
grateful to the LSC and the AGC for this
opportunity, which has enabled me to learn
so much.
MILESTONE PROGRAMMES IN
LEADERSHIP OR MANAGEMENT
T
he Legal Service continues to send eligible
LSOs with leadership or managerial
potential to attend milestone programmes to
further develop their expertise in these areas.
Five LSOs attended leadership and
management programmes organised by the
Civil Service College and the Economic
Development Board in 2014. Two LSOs
attended the 10th Leaders in Administration
Programme (“LAP”); one LSO attended the
21st Senior Management Programme (“SMP”);
one LSO attended the 18th Governance and
Leadership Programme (“GLP”); and one
LSO attended the 13th FireFly Leadership
Development Programme.
Mr Pang Khang Chau (from the International
Affairs Division, AGC), Mr Toh Han Li
(from the Competition Commission of
Singapore), Ms Lim Hui Min (from the Legal
Services Unit, Ministry of Social and Family
Development) and Mr Loke Shiu Meng
(from the Legal Services Branch, Ministry of
Education) share their experiences gleaned
from the LAP, SMP and GLP respectively.
99
PANG KHANG CHAU &
TOH HAN LI
(10TH LAP)
Pang Khang Chau (2nd row, 3rd from left) and Toh Han Li (3rd row, 3rd from left) with their class at the 10th LAP.
T
he LAP is the Civil Service College’s
apex milestone programme. We were
fortunate to attend the 10th LAP in 2014.
Participants were able to learn through indepth dialogues with senior leaders from
the public, private and social sectors and
regional study visits. The LAP brought
together senior officials from many different
agencies and disciplines to build rapport
and exchange views on their leadership and
policy challenges. “White spaces” were thus
left in the programme for participants to
design their own learnings, which our class
enthusiastically filled up through lectures
about the Pedra Branca dispute and the
arbitration on development charges relating
to former Malayan railway land in Singapore,
as well as visits to foreign worker dormitories
and community hospitals. As participants
came to grips with the future challenges
facing Singapore, we came to a common
vision of how Singapore can continue to
succeed, and adopted the class motto –
Empathy, Courage, Resilience.
LIM HUI MIN
(21ST SMP)
Lim Hui Min (3rd row, 6th from left) with her class at the 21st SMP.
I
attended the 21st SMP from 8 August
to 19 September 2014. The participants
came from a wide range of Government
agencies and statutory boards, spanning the
economic, social, foreign affairs, planning
and development, defence and other sectors.
I learned much from talking to my fellow
participants about their areas of expertise.
We also had engaging and informative
discussions with many subject experts and
thought leaders, including senior Government
officials, academics and entrepreneurs. In
addition, the class made two study trips, to
Kuala Lumpur and London, which provided
excellent opportunities to network with our
foreign counterparts and acquire a deeper
understanding of their social, legal and
political systems and environments.
Through this course, I acquired a good
understanding of the challenges and intricacies
of governance and policy formulation in an
increasingly complex and uncertain world.
101
LOKE SHIU MENG
(18TH GLP)
Loke Shiu Meng (2nd row, 1st from right) with his class at the 18th GLP.
I
was privileged to have participated in
the 18th GLP held between 14 May and
5 June 2014. The GLP offered invaluable
insight into areas of strategic interest to
Singapore and how a whole-of-government
approach contributes towards citizen-centric
service delivery.
The study trip to Shanghai and Chengdu saw
us engaging with Chinese representatives on
the socio-economic challenges facing China
as it progresses along its developmental
trajectory. Time was also set aside for candid
interactions with locally-based Singaporeans
to understand how Singapore can remain a
relevant and strategic partner to China.
I treasure the opportunity the GLP gave me
to form new friendships with fellow public
servants and, through our shared experiences
and perspectives, reaffirm our conviction to
continue to contribute to the Public Service.
ATTACHMENTS AT COMPANIES
AND OTHER ORGANISATIONS
A
new scheme, where eligible LSOs are
sent for attachments at commercial
companies and other organisations, was
introduced in 2013. The scheme was designed
for LSOs to gain commercial experience
through stints in specific organisations. The
scheme was launched in 2014 with four LSOs:
• Mr Loo Yu Hao, Adrian (GIC Private
Limited);
• Mr Wong Woon Kwong (Shell Eastern
Petroleum (Pte) Ltd);
• Mr Kwek Chin Yong (Singapore Exchange
Limited [“SGX”]); and
• Ms Peggy Pao-Keerthi Pei Yu (Temasek
Holdings (Private) Limited [“Temasek”]).
The LSOs’ scope of work depended on the
nature of their respective host organisations
and included regulatory work (such as, in
SGX, approval of the listing of securities
on the stock exchange) as well as in-house
transactional, corporate and compliance work
(in GIC, Shell and Temasek). The LSOs in inhouse legal departments worked closely with
the commercial and operational units in their
respective organisations. Specific examples of
work they assisted in included investments in
venture capital funds, supply and distribution
agreements, and mergers and acquisitions.
P R I D E
I N
S E R V I C E
PRIDE IN
SERVICE
M
r Lee Tzu Yang, a Member of the
Legal Service Commission (“LSC”)
received the prestigious Meritorious Service
Medal in 2014. The Medal conferred on Mr
Lee was in recognition of his excellent work
and immense contributions to the LSC and
the Singapore Legal Service; the Ministry
of Culture, Community and Youth; and the
Ministry of Manpower.
In addition, a total of 16 LSOs (including
former LSO and Chief District Judge Mr See
Kee Oon, who has since been appointed a
Judicial Commissioner and Presiding Judge
of the State Courts) were bestowed with
National Day or Long Service Medals in 2014.
The 16 officers were honoured at the
Legal Service National Day Observance
Ceremony held on 15 August 2014. The event
commenced with the singing of the National
Anthem and recitation of the National Pledge
by representatives from various Legal Service
Departments. This was followed by a medley
of patriotic songs performed by the Nanyang
Junior College Choir.
The Public Service Commission Scholars who
will be appointed to the Legal Service upon
the conclusion of their law studies were also
present at the ceremony, which was graced
by the Chairman and Members of the Legal
Service Personnel Boards.
The ceremony epitomises the steadfastness
and conviction of the Legal Service and
all its LSOs to Singapore and represents
the immense effort put in by the LSOs
towards their spectrum of responsibilities in
discharging justice, upholding the rule of law
and safeguarding the interests of the nation
and people of Singapore.
105
MERITORIOUS SERVICE MEDAL
Member
Mr Lee Tzu Yang
THE PUBLIC ADMINISTRATION MEDALS
Name/Designation
Department
Award
Mr Tan Puay Boon
Director
Legal Aid Bureau
Ministry of Law
PPA (Gold)
Mr Yeong Zee Kin
Supreme Court Registry
PPA (Silver)
Ms Jeanne Lee
Legal Services Division
PPA (Silver)
Ms Lee Lit Cheng
Senior Director
Legal Division
PPA (Silver)
Mr Mohamed Faizal
Mohamed Abdul Kadir
Legal Division
Singapore Medical Council
PPA (Bronze)
Senior Assistant Registrar
Divisional Director
Director (Legal) &
General Counsel
THE COMMENDATION MEDAL
Name/Designation
Department
Mr Hon Yi
Deputy Public Prosecutor
THE LONG SERVICE MEDAL
Name/Designation
Department
Judicial Commissioner See Kee Oon
State Courts
Ms Foo Tuat Yien
Civil Justice Division
State Courts
Mr Ng Cheng Thiam
Mr Chay Yuen Fatt
State Courts
Mr Chia Wee Kiat
Family Justice Division
State Courts
Mr Tan Jen Tse
Legal Aid Bureau
Ministry of Law
Mr Eddy Tham
State Courts
Mr Marvin Bay
State Courts
Mr Mark Tay
State Prosecution Division
Mr Benjamin Yim
Legal Services Division
Presiding Judge
Senior District Judge
Deputy Chief Prosecutor
District Judge
District Judge
Deputy Director
District Judge
District Judge
Deputy Public Prosecutor
Deputy Director (Prosecution)
THE SPECIAL PERSONNEL BOARD WITH THE
RECIPIENTS OF THE NATIONAL DAY MEDALS 2014
Justice Lee Seiu Kin, Mr V K Rajah, S.C. (Attorney-General),
Chief Justice Sundaresh Menon, Justice Chao Hick Tin, Justice Steven Chong
(Left to Right) Second Row:
Mohamed Faizal Mohamed Abdul Kadir, Ms Lee Lit Cheng,
Tan Puay Boon, Yeong Zee Kin, Hon Yi
Chia Wee Kiat, Mark Tay, Ng Cheng Thiam, Ms Foo Tuat Yien,
Tan Jen Tse, Marvin Bay Boon Teck
Not in Picture:
Mr Lee Tzu Yang, Judicial Commissioner See Kee Oon, Ms Jeanne Lee,
Chay Yuen Fatt, Eddy Tham Tong Kong, Benjamin Yim
107
EDITORIAL COMMITTEE
Ms Low Siew Ling (Chairperson)
Ms Peggy Pao-Keerthi Pei Yu (Vice Chairperson)
Ms Chong Chin Chin (Member)
Mr V Jesudevan (Member)
Ms Sarah Tan (Member)
Mr Nicholas Ngoh (Member)
Ms Michelle Yap (Member)
Mr Kenny Kung (Member)
Mr Mohamad Zaki Bin Jumahri (Member)
Ms Sarah Shi (Member)
Ms Elizabeth Chua (Member)
Mr Suhas Malhotra (Member)
Ms Nicole Evangeline Poh (Member)
DEPARTMENT LIAISON OFFICERS
Mr Jonathan Yap (Supreme Court)
Ms Ang Ching Hwei (LSU, MCI)
Ms Michelle Yap (State Courts)
Mr Mohamad Zaki Bin Jumahri (LU, MCCY)
Ms Masayu Norashikin (Family Justice Courts)
Mr Tan Boon Gin (CAD)
Ms Carene Poh (CJD, AGC)
Mr Daniel Koh (OPG)
Mr Gregory Gan & Mr Vadivalagan Shanmuga
Ms Terri Lim (IAD, AGC)
Mr Jaime Pang (CCS)
Mr Andrew Abraham (ACRA)
Mr Alan Hu (IPOS)
Ms Ang Ching Pin (Civil Division, AGC)
Ms Joyce Lee (SLA)
Ms Karen Ang (Legislation Division, AGC)
Mr Ng Yiwen (MAS)
Mr Paul Lie (LSD, MINDEF)
Mr Edmund Chew (LAB)
Ms Genevieve Lee (EDB)
Ms Quek Huiling (IRAS)
Mr Paul Cheong (IPTO)
Ms Agnes Chan (NEA)
Ms Yap Cai Ping (LG, MinLaw)
Mr Mohamed Faizal (SMC)
Ms Ruth Wong (LD, MHA)
Ms Stella Tan (HSA)
Ms Ho Su-Lyn (LSD, MOM)
Ms Eunice Chua (SIMC)
Mr Melvin Shen (LSB, MOE)
Mr Andrew Tan (MHA)
Ms Karin Lai (LO, MOH)
Ms Tan En En (LSU, MSF)
(FTCD, AGC)
LEGAL SERVICE COMMISSION SECRETARIAT
Ms Audrey Lim
Ms Joyce Loh
Ms Ong Ai Hui
B | LEGAL SERVICE COMMISSION
1, Supreme Court Lane,
Level 4 Supreme Court,
Singapore 178879
website: www.lsc.gov.sg
email: [email protected]
LEGAL
SERVICE
COMMISSION

legal service commission - Parliament Of Singapore

Transcription

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