October 2015 - The Law Society of Singapore
Transcription
October 2015 - The Law Society of Singapore
01 President’s Message Half the Sky The role of women in the corporate and commercial space has in recent times been much discussed, notably and influentially in Sheryl Sandburg’s book, Lean In. Are we a women friendly profession? To what extent do we embrace, and encourage gender equality in progression and leadership? Arguably, the legal profession in Singapore has been at the forefront of this for some time. In some areas we may even lead the way. But are we doing enough? While no formal survey has been attempted, there is plenty of anecdotal evidence that a significant number of women lawyers find the pressures of the profession incompatible with the societal pressures and expectations vis-a-vis their roles as wives, daughters and mothers; and, therefore, suffer a higher attrition rate than men. Is this impression justified? While I am conscious of the axiom (attributed to Benjamin Disraeli by Mark Twain) that there are “Lies, damned lies, and statistics”, some statistics are nonetheless offered. Women form 43 per cent of the practising lawyers, 2,195 out of 5,085 as at September 2015.1 In the recent mass call, 54 per cent of the cohort, or 293 out of 535 were women. In fact, women comprise 53 per cent of the junior category (1,150 out of 2,162), 51.5 per cent of the middle category (217 out of 421), but only 33 per cent of the senior category (828 out of 2,592). When it came to Practising Certificates (“PCs”), in 2013, out of all the lawyers not renewing their PCs, 59 per cent in the junior category, 56 per cent in the middle category, and 47 per cent in the senior category were women. In 2014, those percentages were 47 per cent, 57 per cent and 40 per cent respectively. And in 2015, the figures so far are 51 per cent, 66 per cent and 50 per cent respectively. No obvious trend emerges, except for a discernible increased attrition rate of women in the middle category. There may be many reasons behind it, but even from my experience in running a law firm, one consistent reason that women quit is because they need or choose to spend more time with their children. Sometimes it is even in anticipation of having children! The societal conditioning, and expectation, is that this, whether rightly or wrongly, is the woman’s role. It gets especially acute during the first 12 years, and the PSLE seems to put additional stress on them. I do not in any way judge these choices, as they are genuine and legitimate trade-offs. But once one leaves practice, and while there may be exceptions that prove the rule, it is difficult to return after taking significant time off. Skills atrophy, obsolescence sets in rapidly in a fast evolving legal environment, client connectivity fades, displacement occurs and networks painstakingly built up wither. It’s not like riding a bicycle. For example, why are there relatively fewer senior women litigators? This is especially stark when compared to the senior women lawyers in the areas of corporate and transactional work. Some say that it is because litigation requires overt and inherent aggressiveness, and while firm and tough negotiators are just as required in the corporate arena, aggression might almost be seen to be a default setting in litigation, whereas it is a specific tactical decision in transactional work and certainly not definitive of it. Men who are aggressive are perceived more positively than women exhibiting the exact same level of aggression. Men get called “tough”, “assertive” and “alpha” as a reward for their belligerence, and women are rewarded with less flattering epithets. Sheryl Sandburg observed that “What works for men does not always work for women, because success and likability are positively correlated for men and negatively correlated for women. That’s what the research shows. As a man gets more successful, everyone is rooting for him. As a woman gets more successful, both men and women like her less”. Consequently, “As women get more powerful, they get less likable. I see women holding themselves back because of this, but if we start talking about the success-likability penalty women face, then we can do something about it”. But surely this cannot be the only explanation. Is there a role modelling issue? Men are often defined by their career achievements, whereas women are defined more holistically, in their multiple and often incompatible roles of professional, mother, wife, daughter (or daughter-in-law!). These require formidable multi-tasking, time management, and as Ms Sandberg quipped, “guilt management” skills. There may be too few senior female litigators to serve as role models. Younger female litigators need to see a Continued on page 4 Singapore Law Gazette October 2015 Contents President’s Message News Features Columns Lifestyle Notices Appointments Half the Sky 01 N Diary and Upcoming Events From the Desk of the CEO Men's Leadership in the Fight Against Gender-based Violence The IP Benefits and Risks in a Global Marketplace – Reflections on GFIP 2015 05 06 08 10 F Gender in Justice – Women in the Law in Singapore Fifty Years of Change and Struggle for Equality Singapore’s Accession to UN CEDAW 18 32 38 Pro Bono Publico — Law Awareness Week 2015 Practice Support — Damage and Marks 40 44 Bookshelf — Our Lives to Live: Putting a Woman’s Face to Change in Singapore, Edited by Kanwaljit Soin and Margaret Thomas Stepping Out — Review: The Dress Access 50 Professional Moves Information on Wills 54 56 M C L N 57 A The Singapore Law Gazette The Law Society’s Mission Statement To serve our members and the communitty by sustaining a competent and independent Bar which upholds the rule of law and ensures access to justice. An Official Publication of The Law Society of Singapore The Law Society of Singapore 39 South Bridge Road, Singapore 058673 Tel: (65) 6538 2500 Fax: (65) 6533 5700 Website: http://www.lawsociety.org.sg E-mail: [email protected] The Council of The Law Society of Singapore President Mr Thio Shen Yi, SC Vice Presidents Mr Kelvin Wong Mr Gregory Vijayendran Treasurer Ms Kuah Boon Theng Mr Lok Vi Ming, SC (Immediate Past President), Mr Lim Seng Siew, Mr Adrian Tan, Mr Steven Lam, Ms Parhar Sunita 52 Sonya, Ms Lisa Sam, Mr Anand Nalachandran, Mr Chiam Tao Koon, Ms Usha Chandradas, Mr Sunil Sudheesan, Mr Yeo Chuan Tat, Ms Katie Chung, Ms Wendy Lin, Mr Paul Tan, Mr Arvindran s/o Manoosegaran, Ms Simran Kaur Toor, Mr Grismond Tien Editorial Board Ms Malathi Das, Mr Rajan Chettiar, Ms Celeste Ang, Ms Simran Kaur Toor, Mr Benjamin Teo, Mr Cameron Ford, Ms Debby Lim, Mr Evans Ng, Mr Kishan Pillay, Ms Lye Hui Xian, Mr Marcus Yip, Mr Prakash Pillai, Ms Shen Xiaoyin, Mr Vincent Leow The Law Society Secretariat Chief Executive Officer Ms Tan Su-Yin Communications & Membership Interests Mr Shawn Toh Compliance Mr Kenneth Goh, Mr Daniel Tan Conduct Ms Ambika Rajendram, Mr K Gopalan Continuing Professional Development Ms Jean Wong Finance Ms Jasmine Liew, Mr Clifford Hang Information Technology Mr Michael Ho Pro Bono Services Mr Tanguy Lim, Mr Gopinath s/o B Pillai, Mr Eoin Ó Muimhneacháin, Ms Claudine Tan Publications Ms Sharmaine Lau Representation & Law Reform Ms Delphine Loo Tan, Mr K Gopalan Publishing Reed Elsevier (Singapore) Pte Ltd trading as LexisNexis Associate Director, Publishing, Singapore Terence Lim Director, Sales, Singapore and OSEA Angie Ong Editor Chandranie Cover Design Mohd Khairil Johari Designer Mohd Khairil Johari Web Administrator Jessica Wang Advertising Account Managers Wendy Tan, Perry Tan For Advertising Enquiries Tel: (65) 6349 0116 Email: [email protected], [email protected] Printing Markono Print Media Pte Ltd LexisNexis, a division of Reed Elsevier (Singapore) Pte Ltd, is a leading provider of legal and professional information in Asia, with offices in Singapore, Malaysia, Hong Kong, India, England, Scotland, Ireland, Australia, New Zealand, Canada and South Africa. The complete range of works published by LexisNexis include law reports, legal indexes, major works, looseleaf services, textbooks, electronice products and other reference works for Asia. LexisNexis 3 Killiney Road, # 08-08, Winsland House 1, Singapore 239519 Tel: (65) 6733 1380 Fax: (65) 6733 1719 http://www.lawgazette.com.sg ISSN 1019-942X The Singapore Law Gazette is the official publication of the Law Society of singapore. Copyright in all material published in journal is retained by the Law Society. no part of this journal may be reproduced or transmitted in any form or by any means, including recording and photocopying without the written permission of the copyright holder, application for which should be addressed to the law society. Written permission must also be obtained before any part of this publication is stored in a retrieval system of any nature. the journal does not accept liability for any views, opinions, or advice given in the journal. Further, the contents of the journal do not necessarily reflect the views or opinions of the publisher, the Law Society or members of the Law Society and no liability is accepted or members of the Law Society and no liability is accepted in relation thereto. Advertisements appearing within this publication should not be taken to imply any direct support for, or sympathy with the views and aims of the publisher or the Law Society. Circulation 5,000 Subscription Fee S$228.00 (inclusive of GST) for 12 issues Singapore Law Gazette October 2015 Legal & Compliance In-House L0815 - 2429 - Legal Counsel - Insurance – 7 PQE A leading insurance company is looking for a Legal Counsel at a Senior Manager level. Candidates with experience in insurance industry or have any kind of corporate finance background in practice or in house will be highly considered. Contact Kate L1015-2450 - Legal Counsel - Manufacturing - >5 PQE A prominent player in the engineering and manufacturing sector is looking for a Legal Counsel to handle substantial M&A matters. Candidates with general corporate and M&A experience will be considered favourably. Contact Kate L1015-2451 - Legal Counsel - Shipping - 2-5 PQE A marine incorporation is seeking a Legal Counsel, responsible for reviewing and negotiating a range of commercial contracts and providing legal advice. Candidates with prior experience in shipping/offshore/marine industry will be highly preferred. Contact Kate L1015-2452 - Legal Counsel - Corporate Bank - 5-9 PQE Established global corporate bank is looking for a legal counsel to join their team. Candidates with experience in trade finance, credit documentation and general corporate commercial work will be considered favourably. Contact Sherlene L1015-2453 - Regulatory Compliance - Corporate Bank - 8-10 PQE Established global corporate bank is looking for a Regulatory Compliance Specialist to join their team. Candidates with experience in FATCA will be considered favourably. Contact Sherlene L0815-2431 - Legal Counsel - Technology - >5 PQE A SGX-Listed technology company that’s expanding globally is looking for mid-level lawyers who are well-versed in commercial contracts work. Contact Helmi L1015-2454 - Legal Counsel - Construction - 5+ PQE – A regional powerhouse in the construction industry is looking to take in a legal counsel for its current business needs. The company is on the verge of global market expansion and presents a good slate of work for mid-level lawyers with industry experience. Contact Helmi L1015-2455 - Legal Counsel - Healthcare - >5 PQE A prominent player in the healthcare industry is seeking for a Legal Counsel with at least 5 years PQE to join its established team. You will be expected to handle a wide range of corporate commercial work such as M&A, JV and Cross-border transactions. You should also be called to the Singapore Bar. Contact Eileen L1015-2456 - Legal Director - Semiconductor - >10 PQE An established organization in the semiconductor industry is looking for a Legal Director of at least 10 year PQE. As a key member of its global legal team, you will work on a broad range of commercial, financial, litigation and IP matters. Experience with a MNC is a plus. Contact Eileen L1015-2457 - Legal Counsel - Marine - >5 PQE An offshore marine group is looking for a Legal Counsel of at least 5-8 years PQE. The ideal candidate should have prior shipping or oil & gas industry experience. Contact Eileen L1015-2643 - Head of Legal - Energy - >10 PQE A leading energy company is seeking a Head of Legal. Candidates with regulatory experience will be considered favourably. Contact Adeline L1015-2644 - Legal Counsel - Shipping - >10 PQE A prominent player in the shipping industry is seeking a Legal Counsel for the region. As the sole legal personnel for APAC, some travel will be involved. Contact Adeline L1015-2645 - Legal Counsel - Electronics - >6 PQE A leading electronics MNC is seeking a Legal Counsel. You should have strong communication skills and be familiar with supply chain management. Contact Adeline L1015-2647 - Senior Legal Counsel - Healthcare - 9-15 PQE A reputable player in the healthcare industry is looking for a Senior Legal Counsel. You should have strong corporate commercial experience, with IP knowledge being an added advantage. Contact Yasmeen. L1015-2647 - Legal Counsel - Financial Services - 3-7 PQE A financial institution with international presence, is looking for a Legal Counsel. The ideal candidate will have good commercial experience and would have done drafting, reviewing and negotiating of transactional documents. Contact Yasmeen. L015-2648 - Associate Legal Counsel - Technology - 3-5 PQE An MNC within the technology space, is looking for an Associate Legal Counsel. Candidates are required to have had exposure to a commercial environment and must have had experience reviewing sales contracts. Contact Yasmeen L1015-2649 - Legal Counsel - Bank - 3 PQE Established Asian bank is looking for a legal counsel to join their team. Candidates called to the Singapore/UK Bar with corporate banking experience, general corporate commercial work will be considered favourably. Contact Daniel L1015-2650 - VP Regulatory Compliance - Private Banking - 8-10 years Established Private Bank is seeking experienced regulatory compliance professionals to join their team. The ideal candidate would have solid experience in Private Banking and have a good understanding of Private Banking suite of products. Contact Daniel L1015-2458 - Legal Executive - Medical - 3-5 years An established organization in the medical industry is looking for a Legal Executive with at least 3 years of experience. You will be expected to draft basic contracts and legal documents. The ideal candidate should have a LLB or Diploma in Legal Studies. Contact Yasmeen L1015–2460 - Legal & Contracts Manager - IT - >5 years A leading IT company is seeking for a Legal & Contracts Manager of to join its established team. You should have prior experience in legal and contracts drafting experience in IT products or services. Contact Yasmeen L1015–2462 - Legal Counsel – Statutory Board (S’pore) - 5-8 PQE A local statutory board is looking for a Legal Counsel with at least 5 years experience to join its established team. You will be tasked to provide a comprehensive range of legal services with frequent overseas opportunities. Contact Yasmeen L1015-2651 - Compliance Manager - Insurance - 7 years - Established insurance company is looking for Compliance Manager. You will be assisting the Head of Compliance to ensure individual business units compliance with regulatory and corporate governance requirements. Contact Sandra L1015-2652 - Regulatory Compliance, AVP - Bank - 6 years – An Asian bank is seeking to hire a Regulatory Compliance Specialist. The candidate is expected to be familiar with the Banking Act, FAA and with experience in liaising with MAS. Contact Sandra L1015-2653 - Compliance Testing Role - Insurance - 5 years - A multinational insurance firm is seeking a Compliance Reviewer to assist in executing the Compliance Monitoring and Testing plan. The candidate should come with 5 years of compliance audit / testing experience. Contact Sandra Interested? Please contact Claire Lin Xiuxin (R1103711)at [email protected], Muhammad Helmi Ali (R1113285) at [email protected], Eileen Low Yi Lin (R1330643) at [email protected], Yasmeen Fatmah Hussain (R1327217)at [email protected], Daniel YoongJiarong (R1332481) at [email protected], Sherlene Ong Xinhui (R1546679)at [email protected], Adeline Lim Chan Yin(R1324939)at [email protected], Kate Chang Chu Yan (R1332479) at [email protected] or Sandra Lee (R1547599) at [email protected] or (65) 6535 8255 for more information Please visit www.recruit-legal.com for a full list of our positions Alternatively, contact us at (65) 6535 8255 or 391A Orchard Road, #11-03 Ngee Ann City Tower A, Singapore 238873 Recruit Legal 391A Orchard Road #11-03 Ngee Ann City Tower A Singapore 238873 Tel: (65) 6535 8255 Fax: (65) 6535 3352 Website: www.recruit-legal.com Email: [email protected] President’s Message 04 Continued from page 1 critical mass of senior women litigators who have, or at least appear to “have it all”, who can juggle all those roles with aplomb, so that their juniors can aspire to it. This is an impressionistic observation, but there seems to be a higher concentration of women of this species in the transactional side of practice. Yet, women lawyers have had and do have a huge impact on the profession (which, at the time of writing, is more than we can say about political office, where women appear to be under-represented). Of the biggest five domestic firms today, Wong Partnership has a female joint managing partner; Drew & Napier and Rodyk & Davidson have previously had female senior or managing partners. Of the other large or medium sized firms, an incomplete current list includes, Morgan Lewis Stamford, Duane Morris Selvam, KhattarWong, Lee & Lee, Bird & Bird ATMD, Donaldson & Burkinshaw, Wong Tan & Molly Lim, Tan Kok Quan & Partners and my own firm TSMP, all of whom have female managing or senior partners. On the Supreme Court Bench, we have at present six female Judges and Judicial Commissioners (and also one Senior Judge), which is the highest absolute number, and percentage of female Judges ever. There does not appear to be a glass ceiling, or gender barrier to scaling the upper echelons of the profession. How do we help our woman lawyers stick around and lean into their careers? We must first accept that there is an issue. There are of course, external pressures – societal expectations, the imperative to be there for one’s children. But there are again, significant internal pressures that our women lawyers face – their own expectations of themselves, and the concomitant guilt trip that follows. There are no easy or complete answers. My own advice (not always followed!) to my female associates is encapsulated in sporting analogies. Don’t retire the field, or stay in the race. Building a fulfilling and sustainable career in law is not a sprint, it is a marathon. Pacing is important. I’d say slow down if you have to, but don’t get off the track. The need for a more balanced, less onerous and more controllable scope of work may only be for a season. Counterintuitively, it is probably easier to design and negotiate a more balanced, flexible or slower pace of work when one reaches some level of seniority, perhaps at the salaried partner or early equity stage of one’s career. Your skill sets have been built up, your client goodwill established, your practice has stabilised. It is then a question about job structure versus pay. Obviously, if one stays in practice, but restructures or slows down one’s practice for a few years, the expectations visa-vis short term or immediate career advancement need to be moderated. Ceteris paribus, you will probably lag behind your peers, but that is not unfair. Your pay will probably be reduced compared to the rest of the cohort. Again, that is not necessarily unfair, as you will be logging fewer billable hours. Accept that you may fall behind in the short term, but a career in law is a long haul, and there is more than enough time to catch up. It’s easier to accelerate from a jog than from a standing start. So, the good news is that it is possible to speed up again when the time is right. The advantage of not retiring the field is that you do not lose the currency of your skills and networks. There will be continuity of practice with your clients. And the friction of restarting a practice, overcoming inertia, will be avoided. The advice above is only a small step. I believe that it behooves, and is in the interest of the profession, to find a way to help and encourage women lawyers to stay in the game, and allow them to be the best versions of their professional selves that they can be. It is not about levelling the playing field. It is a different mindset where we understand and accept, that generally, men and women in the professional sphere have different external and internal pressures that they contend with. They require different management and human resource solutions. We must be prepared to be a little more bespoke in our ability to accommodate and design roles and processes so that women become empowered to advance their careers in tandem with, and not at the expense of, their family lives. It should get easier. While it is not a complete substitute for being present physically in the office or with clients, flexible working hours and working remotely have become more viable and more effective in this electronic and interconnected world. Jobs are no longer tied to physical locality and can therefore be redesigned and reengineered. The next generation of lawyers is almost permanently wired up, tech savvy and habitually multi-task. We have no excuse for not thinking about it, not discussing it, and not doing something about it. The future belongs to those that say “can”, not “cannot”. ► Thio Shen Yi, Senior Counsel President The Law Society of Singapore Notes 1 In 1973, 70 out of 461 lawyers were women: see AWARE, Gender in Justice (2005). Singapore Law Gazette October 2015 05 News Diary and Upcoming Events Diary 2 September 2015 Basic Legal Secretarial Course – Module 5 Organised by the Continuing Professional Development Department 4.30pm-7.00pm 137 Cecil Street 8 September 2015 Corporate/M&A Seminar Series – Deal Breakers and How to Succeed in the Deal? Organised by the Continuing Professional Development Department 2.30pm-5.10pm 55 Market Street 11 September 2015 2nd National Insolvency Conference 2015 Organised by the Law Society of Singapore 9.45am-5.45pm Suntec Singapore Convention & Exhibition Centre 16 September 2015 Seminar on Basic Introduction to International Arbitration Organised by the Continuing Professional Development Department 5.30pm-7.00pm 137 Cecil Street 3, 9, 16 & 30 September 2015 Paralegal Certification Course (12th Run) Jointly organised by the Law Society of Singapore and Temasek Polytechnic 2.00pm-6.00pm 137 Cecil Street & Temasek Polytechnic 17 September 2015 Making the Point – Effective Legal Opinion Writing Organised by the Publications Committee 3.00pm-5.00pm 137 Cecil Street 29 September 2015 LawWorks Legal Primer on Data Protection Jointly organised by the Law Society of Singapore and National Trades Union Congress 7.30pm NTUC Centre Upcoming Events 4 November 2015 Seminar on Anti-Money Laundering (2nd Run) 6 November 2015 Day of Conveyancing Highlights 2015 13 November 2015 Seminar on Elder Law and Mental Capacity Act 13 November 2015 Law Society Annual Dinner & Dance Singapore Law Gazette October 2015 News 06 CEO's Message From the Desk of the CEO An Alternative Career after a hiatus of several months or years, and women who need more time with their families on a long-term basis due to family members with long term illnesses, special needs or other challenges. However, the Law Society’s family friendly practices do not just benefit the ladies. Many of the men within our organisation have greatly impressed me by being heavily invested in and extremely hands-on with their families. This cuts across areas such as their children’s education, care of elders in the family or supporting their wives for this particular season in their lives. A career in the Law Society Secretariat as a progressive move? This is not something that would immediately strike one as an attractive proposition, particularly for lawyers and other professionals. Over the years, the Law Society has been grateful to have had many talented lawyers, legally-trained staff as well as professionals pass through our portals. As it currently stands, we have eight lawyers on staff and 17 para-legal staff who were formerly working with law firms. The value proposition of working for the Law Society is the ability to achieve true work-life equilibrium despite the occasionally long hours, whilst still remaining in touch with the profession and with practitioners. The Law Society is supportive of the personal as well as career goals of all our employees, as far as is practicable. At the Secretariat, it is not a mere pipe dream that our people are able to excel at their careers as well as in their personal lives and interests. Many have shared that their careers here have enabled them to successfully balance the needs of their family with their professional goals. Our staff strength is approximately 69 per cent female. We have been supportive of new mothers with young babies returning to work, stay-at-home mothers returning to work On a limited basis over the past 10 years, the Law Society has also offered part-time arrangements, flexible arrangements and telecommuting, where the nature of the work is able to support such flexibility. This has paid off for the organisation as we have managed to attract and retain talented individuals who would not traditionally be attracted to join the Law Society, and persons who would have otherwise stopped work or moved on due to their personal commitments. In reality, the hours put in by our team members who enjoy these flexible arrangements are often far longer than the majority of the others who work a regular 9am-5:45pm schedule, but this been testament to the dedication of our team which has resulted from the flexibility extended to them to cater to their families. Most recently, our Director of the Compliance department, Kenneth Goh, won the Most Supportive Supervisor 2015 award presented by the National Trades Union Congress (“NTUC”). Organised by the NTUC Women’s Development Secretariat (“WDS”) and supported by the Tripartite Alliance for Fair and Progressive Employment Practices (“TAFEP”), this is the third year running where the NTUC searched for the Best Companies for Mums in Singapore. In NTUC’s own words, “The Best Companies for Mums Awards recognises exemplary companies, supervisors and colleagues who have made a positive difference to the daily lives of working Mums and Dads”. Kenneth was nominated for the award by one of his team members, and we congratulate Kenneth on his win! ► Tan Su-Yin Chief Executive Officer The Law Society of Singapore Singapore Law Gazette October 2015 News 08 Fighting Against Gender-based Violence Men's Leadership in the Fight Against Genderbased Violence – A Report Dr Jackson Katz gave a thought-provoking talk to the Singapore Council of Women’s Organisations on “Men’s Leadership in the Fight Against Gender-based Violence” on 23 September 2015. Katz is an educator, author, filmmaker and cultural theorist who is internationally renowned for his pioneering scholarship and activism on issues of gender and violence. In 1993 he co-founded the Mentors in Violence Prevention (“MVP”) programme at Northeastern University’s Center for the Study of Sport in Society. The mixed-gender, multiracial MVP programme is one of the longest-running and most widely influential sexual and relationship abuse prevention programmes in high schools, colleges, sports culture and the military in North America and beyond. MVP introduced the “bystander” approach to the gender violence prevention field. Terminology Issues Katz said that these are men’s issues, not just women’s issues with which men help out with. In the USA, 99 per cent of rapes are perpetrated by men. It is, therefore, a men’s issue, and calling it a women’s issue is merely the power of the dominant group in society moving the issue. This reveals the linguistic problems inherent in the discussion, centring the problem on women rather than men. For example, one question asked was “how many women were raped on campus?”, when a more accurate question would be “how many men raped women on campus?” In a similar vein, over the issue of child brides, we ask “how many girls got pregnant?” rather than “how many men got girls pregnant?” Even the phrase “violence against women” does not correctly identify the issue; instead it should be “men’s violence against women”. Women are constrained to use this terminology because they depend on men for power and support. But men can and should use the correct terminology because they cannot be accused of being “anti-men”, and we need more men to identify the problems correctly in this way. Women’s Leadership Benefits Men Women’s leadership in the field has been transformative. The changes in our attitudes towards women have been very recent in the history of our species. Men and boys have profoundly benefitted by women’s leadership in the field. Two examples illustrate the advantages men have gained, the first being in relation to the effects of domestic violence on children. This is another area where terminology is incorrect. We say “children who witness domestic violence”, but children are not mere witnesses; they experience the violence themselves. Children, including boys, are victims also even where the violence is not directed at them. Statistics show that boys who experience violence at home often play out that violence against all sorts of other people. Boys who are victimised are 10 times more likely to offend. We need to make the connection between violence at home and violence on the streets. There can be no peace on the streets if there is no peace at home. When you violate a boy, you create a potential perpetrator because they do not have the skills to break the chain of violence. In this way, men and boys have benefitted from women’s leadership in this field, by drawing attention to domestic violence and reducing its incidence. The fewer boys who experience domestic violence, the fewer potential perpetrators are created. The second example of how men have benefitted from women’s leadership is in the sexual victimisation of men and boys. Talking about this issue is a direct result of women’s feminist leadership, as is the more enlightened attitude of supporting the victim rather than holding him accountable. This model now helps men and boys and comes directly from women’s leadership in the area. Men as Leaders Men are also affected by offences against women. These women are some man’s mother, sister, daughter, wife, cousin, colleague, friend. We should see the problems as leadership issues for men. It is fundamentally about leadership, however, that is defined. Men in leadership need to learn more about the issues and their intersections and then use their platforms and their influence to make sure it does not happen. Men who do not are complicit in the problem. “The Standard You Walk Past is the Standard You Accept” Leaders need to take risks. This is what leaders do. They need to take a stand and speak out when necessary. General Morrison, then Chief of Army of the Australia Defence Force (“ADF”) is an example. When violence and sexual violence were revealed in the ADF, he made it very clear that it would not be tolerated in any form, and said there was no place in the ADF for anyone with the attitude that it was acceptable. He said, “The standard you walk past is the standard you accept.” The Bystander Approach The majority in a society or group explains away violence by one of their members on an individual basis – that person is crazy or a monster or suffering from some mental problem. If the violence is perpetrated by members of a majority group, the majority attribute it to that “culture”. We generally Singapore Law Gazette October 2015 09 News Fighting Against Gender-based Violence don’t accept it as our own problem, even when it happens in our own group. Dr Katz spoke of the “bystander” approach which he has applied to this area of study. Before this approach, antiviolence programmes really were only risk reduction programmes. They would teach women what to do to reduce risk (avoiding certain areas at night, locking doors etc) and would teach men what not to do to women. The bystander approach draws on the phenomenon that around any incident there are many “bystanders”, not in the physical sense of standing watching the incident, but the group around the event that allowed it to happen. This approach urges us not simply to react to the incident but to change the atmosphere of our peer group. By our leadership (however defined), we change the way our own group thinks about this issue and remove the atmosphere of acceptance or tolerance. Men can be policed into conformist silence by their own group even when they do not agree with what is being said or done. Worse, they can actively participate in incidents contrary to their own values by this pressure. Law’s Role Asked what role the law could play, either as bystander creating the right atmosphere or in imposing sanctions, Katz said that Judges and lawyers need more training on the issue. As humans, we reproduce our own stereotypes and Judges and lawyers are a product of their own society. We have more power to influence and to lead others. At the end of the day the question is who do you want to be in the world? Do you want to see injustice and do nothing or something? Katz gave a list of 10 things men can do to prevent gender violence below. 10 Things Men Can Do to Prevent Gender Violence 1. Approach gender violence as a MEN’S issue involving men of all ages and socioeconomic, racial and ethnic backgrounds. View men not only as perpetrators or possible offenders, but as empowered bystanders who can confront abusive peers. 4. lf you suspect that a woman close to you is being abused or has been sexually assaulted, gently ask if you can help. 5. lf you are emotionally, psychologically, physically, or sexually abusive to women, or have been in the past, seek professional help NOW. 6. Be an ally to women who are working to end all forms of gender violence. Support the work of campus-based women’s centers. Attend “Take Back the Night” rallies and other public events. Raise money for community-based rape crisis centers and battered women’s shelters. If you belong to a team or fraternity, or another student group, organise a fundraiser. 7. Recognise and speak out against homophobia and gay-bashing. Discrimination and violence against LGBTQ people are wrong in and of themselves. This abuse also has direct links to sexism (eg the sexual orientation of men who speak out against sexism is often questioned, a conscious or unconscious strategy intended to silence them. This is a key reason few men do so). 8. Attend programs, take courses, watch films, and read articles and books about multicultural masculinities, gender inequality, and the root causes of gender violence. Educate yourself and others about how larger social forces affect the conflicts between individual men and women. 9. Don’t fund sexism. Refuse to purchase any magazine, rent any video, subscribe to any Web site, or buy any music that portrays girls or women in a sexually degrading or abusive manner. Speak out about cyber-sexism and misogynist attacks against women on social media sites such as Facebook, Twitter and Tumblr. Protest sexism in new and old media. 10. Mentor and teach young boys about how to be men in ways that don’t involve degrading or abusing girls and women (or men). Volunteer to work with gender violence prevention programs, including anti-sexist men’s programs. Lead by example. 2. If a brother, friend, classmate, or teammate is abusing his female partner – or is disrespectful or abusive to girls and women in general – don’t look the other way. If you feel comfortable doing so, try to talk to him about it. Urge him to seek help. Or if you don’t know what to do, consult a friend, a parent, a professor, or a counselor. DON’T REMAIN SILENT. Source: MVP Strategies, a gender violence prevention education and training organisation. www.mvpstrategies.net 3. Have the courage to look inward. Question your own attitudes. Don’t be defensive when something you do or say ends up hurting someone else. Try hard to understand how your own attitudes and actions might inadvertently perpetuate sexism and violence, and work toward changing them. ► Cameron Ford Rio Tinto, Singapore Singapore Law Gazette October 2015 News 10 Global Forum on Intellectual Property The IP Benefits and Risks in a Global Marketplace – Reflections on GFIP 2015 In the course of GFIP 2015, numerous global IP luminaries spoke at length about the IP benefits and pitfalls in respect of a unified global economy. This set the two authors thinking: what would this all mean for international IP laws, most of which were built on 18th century principles and concepts of territoriality? It is clear that this new economic reality is challenging and straining the boundaries of traditional IP laws, and that to stay relevant, IP laws and systems must adapt. This article is a condensation of some of our thoughts on this issue. Benefits Greater Flexibility in IP Tax Planning Chiu Wu Hong of KPMG Singapore speaks at GFIP Introduction The 5th Global Forum on Intellectual Property (“GFIP”), organised by Singapore’s IP Academy, was held from 25-26 August 2015 at the Marina Bay Sands. As the anchor event for IP Week @ SG 2015, GFIP was the scene for a diverse and thought-provoking array of cutting-edge discourse on IP. Topics were varied and comprehensive, ranging from “IP Value Creation in the 21st Century”, to “Views from the Bench on the Evolving Role of the Courts”, to “IP Strategies and Risk Management in ASEAN”. True to its “global” nature, however, one common thread that ran through the various panel discussions and plenary sessions was the “internationalisation” of IP. Numerous speakers touched on the tearing down of geo-economic boundaries, and the rise of a single global marketplace. In essence – with globalisation, the Internet, and an increasing number of global trade agreements – we now live in an era where demand and supply are no longer hindered by geography. To illustrate: a product sold by an American company might be designed in California, but built with a number of components from Japan, Taiwan, and South Korea. These components may then be shipped by a Danish company to be assembled in China. The finished product is then transported by rail to various warehouses in SouthEast Asia. A customer from Singapore is able to order the product online from the comfort of his own home, and have the product delivered to him within three working days. Businesses dealing with intangible assets often require a holding vehicle through which they can licence and commercialise their IP. Businesses must, therefore, carefully consider where such holding vehicles are located in order to maximise their IP protection, tax optimisation, and legal flexibility. Thankfully, in the new global marketplace, economic assets are becoming increasingly mobile, and business owners have greater flexibility in choosing the IP holding jurisdiction that works best for them. Mr Chiu Wu Hong from KPMG Singapore, in his presentation on “Managing Risks in IP Investing”, touched on how companies now have more options when considering IP tax issues and incentive opportunities. For example, Singapore allows companies to claim foreign tax credit for tax paid in a foreign jurisdiction against the Singapore tax payable on the same income. Such Foreign Tax Credit can be claimed either through a Double Tax Relief, or a Unilateral Tax Credit.1 The company may also have to consider other factors such as exit taxes, in the event that their IP assets will be moved between jurisdictions, as well as withholding tax on cross-border payments. Internet Domain Names as Branding The rise of the global marketplace has also been fuelled in large part by the growth of the Internet and e-commerce. Today, it is commonplace for consumers to be able to purchase goods or services online, regardless of where that good or service originates from. In fact, it is not uncommon for consumers to be unaware of the provenance of their purchase. Singapore Law Gazette October 2015 News 12 Global Forum on Intellectual Property A concordant but significant benefit of this, is that domain name URLs have become an additional badge of origin – akin to a trade mark – for consumers. In the new economy, a well-chosen domain name can, therefore, serve as a measurable commercial and marketing asset for companies. Ms Mary Wong, Senior Policy Director at The Internet Corporation for Assigned Names and Numbers (“ICANN”), in her presentation on “Branding Strategies and Domain Names”, touched on how ICANN had rolled out an expanded list of generic top-level domains (“gTLD”) in 2012, and highlighted how 50 per cent of Interbrand’s Top 100 Brands of 2011 had applied for a new gTLD.2 In an interesting point of differentiation from traditional trademarks, Mary Wong also highlighted that in the online world, generic words in domain names can have significant value (eg sex.com is estimated to be valued at US$14m). Increased Adoption for New Technologies With the rate of increase in technology and globalisation, businesses also now have almost unfettered ability to reach consumers. Not only is the rate of technology breakthroughs increasing exponentially, more importantly for businesses, the rate at which these technologies are being adopted is also accelerating. Mr Etienne Sanz de Acedo, CEO of the International Trademark Association, for example highlighted how it took the radio 38 years to reach 50 million users, whereas Twitter took only nine months to achieve the same result. In light of this, businesses have at their disposal increasingly powerful and pervasive means to reach the end-user. technology at ports in order to stamp out counterfeiting and smuggling in the region. Influence of the Internet on Trade Mark Use and Infringement As the Internet’s functionality continues to improve, and becomes ever more pervasive, more businesses are turning to the Internet as an alternative marketplace for the sale of their goods and services. This growing trend brings the spotlight to issues on online trade mark use and infringement in the digital and virtual world. Trade mark owners are now faced with novel challenges when protecting and enforcing their exclusive rights. Ms Susanna Leong, Associate Professor from the National University of Singapore, underlined one such issues faced – whether goods available over the Internet must be purchased in that country to constitute use of trade mark. The Singapore High Court when determining this issue, opined that the purchase of goods is not mandatory for genuine use of the trade mark to be established.3 The UK Courts in a later case4 however took a slightly different view and held that it is unnecessary for the goods to be purchased in the UK but the goods must be available for purchase by UK customers. In light of these decisions, it is evident that the online market place is challenging established principles of trade mark law. Trade mark owners must thereby change the ways in which they enforce their rights and conduct their businesses. Cross-border IP Disputes Risks and Challenges Imitation Risks Globalisation has brought about increased mobility and reduced geographical barriers, thereby allowing international trade to occur more freely. However, with great benefits, come great risks and challenges. One such risk is the increased imitation risks to IP owners. Mr Nick Redfearn, Deputy CEO of Rouse highlighted in his presentation that the problem of trans-shipment of counterfeit goods for assembly and distribution is growing especially in South East Asia (“SEA”). Besides trans-shipments, counterfeit goods are also traded with impunity across land borders (eg Vietnam and Myanmar) as well as via sea ports. Counterfeiting is not only damaging to businesses and IP owners in South East Asia, it hurts the level of consumer and investor confidence which in turn, has an adverse impact on SEA economies. He concluded his presentation by asserting how SEA Governments should strengthen their customs IP border protection systems and leverage on Another distinctive facet of an increasingly globalised world, is the increased prevalence of multinational corporations (“MNCs”). As MNCs grow more receptive towards an “open innovation” paradigm, they begin engaging in more crossborder collaborative Research & Development (“R&D”) activities. This is particularly so in the pharmaceutical industry where the cost of R&D is often sky-high. The growth of cross-border R&D activities coupled with the “internationalisation” of IP has seen the potential for crossborder IP disputes to rise significantly. Consequently, it is essential for MNCs to adopt a more coordinated approach towards managing and resolving cross-border IP disputes. To illustrate, Mr Kenneth K. Cho, Senior U.S. Attorney at Kim & Chang, highlighted the various factors that an MNC had to consider in a multi-jurisdiction dispute, including the type of legal system (ie common law or civil law), the cost and pace of litigation in the jurisdiction, and the effectiveness of enforcing a judgment. Mr Cho also emphasised how lead counsels in MNCs now have to play the role of “coordinator” Singapore Law Gazette October 2015 13 News Global Forum on Intellectual Property in multi-jurisdiction disputes, having to manage the entire global litigation and coordinate with in-house counsel, local counsel, external counsel, and other stakeholders within the MNC, so as to ensure efficient and cost-effective dispute resolution. Conclusion What Lies Ahead? It is undeniable that the internationalisation of IP has brought about significant benefits to the global economy, and is unlikely to go away anytime soon. However, this new economy reality has severely exposed the failings of traditional IP laws – built on concepts of territoriality – to meet the needs of a global international market. This has forced Courts and legislatures around the world to address the problem in a number of ways. The traditional approach has been to apply private international law, in order to determine issues of jurisdiction, liability and enforcement – this approach however, is complex and can lead to unpredictable outcomes.5 In some jurisdictions, Courts have developed doctrines for the limited extraterritorial application of domestic law.6 In the worst case scenario, a single IP dispute can spawn multiple proceedings in multiple jurisdictions on the same basic issues, as witnessed by the series of ongoing disputes between Apple Inc and Samsung Electronics. Some have argued that a move towards a harmonisation of substantive laws is the way forward. The World Intellectual Property Organisation (“WIPO”) for example, had previously tried to form a Standing Committee on the Law of Patents, while in 2013, the European Patent Office had successfully entered into office a Unitary Patent scheme, and are in the midst of working towards a Unified Patent Court. Others, however, have fallen on the other side of the debate, arguing that a move towards procedural harmonisation is more realistic and achievable. One proponent of the latter camp is Dr Francis Gurry, Director General of WIPO, who expressed the view at GFIP that IP harmonisation was more likely to be limited to procedural subjects, at least in the short run. The exact form of such harmonisation is unfortunately, beyond the scope of this article. However, regardless of the eventual form in which harmonisation will take, it remains clear to these authors that some form of harmonisation is necessary in the near and immediate future if IP laws are to remain relevant to the global economy. ► Mark Cheng Legal Counsel IP Academy As cross-border IP disputes become ever more prevalent, there exists a greater need today for harmonisation of IP laws to remove or reduce the legal boundaries faced by both the Courts and parties involved. Removing legal boundaries can potentially reduce the high costs associated with multijurisdictional proceedings and bypass complex issues of private international law. ► Edna Ong Legal Counsel IP Academy Notes To that end, many speakers at GFIP 2015 spoke at great lengths about the various harmonisation efforts being undertaken globally. Dr Stanley Lai, SC of Allen & Gledhill LLP for example, in his presentation on “Singapore’s Role in the Global IP Regime” highlighted the various ASEAN initiatives such as the ASEAN Patent Examination Cooperation, and the ASEAN Economic Community; Mr Hitoshi Ito of the Japanese Patent Office (“JPO”) highlighted the various work-sharing plans (such as the Patent Prosecution Highway) undertaken by the JPO; Dr Eleonora Rosati, IP Law Lecturer at the University of Southampton, in her presentation highlighted the EU initiative for a “Digital Single Market” strategy. Harmonisation is then a question of when and how, and not if. In this respect, two schools of thought have emerged. 1 For more information, please visit: <https://www.iras.gov.sg/irashome/Businesses/ Companies/Working-out-Corporate-Income-Taxes/Claiming-Reliefs/Foreign-TaxCredit/>. 2 For more information on ICANN’s expanded list of gTLDs, refer to: <http://newgtlds. icann.org/en/>. 3 Weir Warman Ltd v Research & Development Pty Ltd [2007] 2 SLR(R) 1073; [2007] SGHC 59. 4 Euromarket Designs Inc v Peter & Another [2000] ETMR 1025. 5 For example, the outcome of any such litigation would depend on the arbitrary differences between the requirements for liability, defences, etc in each jurisdiction. For a further illustration and discussion, see K Weatherall, “Can Substantive Law Harmonisation and Technology Provide Genuine Alternatives to Conflicts Rules in Intellectual Property” [2006] UMelbLRS 4, p 2. 6 See for example, G W Austin, “Importing Kazaa – Exporting Grokster” (2006) 22 Santa Clara Computer and High Technology Law Journal 577; available at: <http:// digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1412&context=chtlj>. Singapore Law Gazette October 2015 Advertorial Using Technology to Level the Playing Field for Law Firms Across APAC Michael Lew is the Director at Law In Order Pte Ltd ([email protected]) I started my first job with a leading law firm in Singapore during the turn of the millennium and was tasked with identifying new technologies for an efficient and “paperless” legal office. It was a very exciting and expensive proposition then, as we embarked on the implementation of document management systems, virtual data rooms and a case management solution with custom workflows amongst other legal technologies. Large law firms were able to capitalise on this new era with ease by investing heavily in technology, while smaller law firms often did not have the resources to keep up. process of using intelligent algorithms or analytics to distinguish between relevant and non-relevant documents, allowing the user to save time, reduce costs and gain reliable knowledge. To illustrate the power of this technology, a Law In Order client from Australia recently used Relativity, our web-based document review platform to review approximately 157,000 documents. The technology returned 5,000 relevant documents, effectively saving our client over 1,500 review hours and $285,000.00 AUD (see graph below). Fast forward 15 years and we are seeing an increase in the percentage of law firms investing in new technology to increase efficiencies and become more competitive, irrespective of size. While “paper” or hardcopy documents are still relevant in the legal industry, firms are now faced with a new “big data” and “unstructured databases” dilemma. The exponential growth of electronically stored information (“ESI”) such as e-mails, office documents, messenger chats and social media postings can be both an opportunity and a risk depending on how it’s managed. With that in mind, firms of all sizes leveraging the right technology will be able to compete on a level playing field. Embrace the Cloud to Enhance Productivity The Cloud enables lawyers to work from multiple devices and provides secure access to the files that they need, whenever they need them. Lawyers can even share documents and collaborate with their colleagues and clients using the same Cloud-based platform. Having access to the right technology is synonymous with productivity. Given that most traditional legal technologies with desktop interfaces such as practice management, content management, electronic discovery and transcript management are now available as a SaaS – small and large law firms alike can benefit. Pushing the Boundaries of eDiscovery by Using Technology Assisted Review In March 2012, I wrote an article on how eDiscovery can be a game changer for lawyers in Singapore. I predicted that eDiscovery solutions would evolve at a pace so rapidly, its functionality and features would surpass adoption rates. While this is now true, most local eDiscovery cases are still relying heavily on keyword searches and linear reviews, even though technology has evolved and can do so much more than that. A good example of such eDiscovery technology is the use of predictive coding or Technology Assisted Review (“TAR”). TAR is a proven, methodical way of leveraging and extending professional judgment through technology. At its core, TAR is the Relativity Assisted Review Linear Review Total documents in results set 157,000 157,000 Total documents reviewed 5,243 157,000 Percentage of documents reviewed for relevance 3% 100% Document review rate 5,065/hour 100/hour Attorney billing rate $500 AUD/hour $200 AUD/hour Review cost $15,500 AUD $314,000 Analytics processing costs $13,500 $0 Review costs saving with Relativity Assisted Review = $285,000 AUD While the advantage of TAR is clear, one of the main challenges is its acceptance by lawyers, clients and the judiciary. In terms of adoption, TAR is in its infancy in Singapore, however if we look to the more mature eDiscovery markets such as the US and UK, we can see a dramatic uptake in Technology Assisted Review. From practice management to content management and filing of Court documents, law firms of all sizes are now expected to automate their processes and to provide 24/7, secure access to all files for collaboration between lawyers and clients. In this digital age, where most communications and data transfers are done through the internet, the ability to automate more processes, streamline workflows and increase efficiencies to reduce costs will win more business. Law firms can now leverage technologies that are readily available, cost effective and scalable. When adopting these technologies, it is important for a law firm to choose the right features and functionality that will complement their workflows and achieve efficiencies. If required, there are options for lawyers to outsource some of the manual or back office support tasks such as document production and first pass review to reputable support service providers. As a result, lawyers can spend their time focusing on their clients and the matter at hand. 99% of jobs delivered ahead of deadline Law In Order’s document production services support your business by providing fast, precise and customised solutions in both electronic and print formats, 24 hours a day, every day of the year. ՍorՊ Սubm|Պ Ս"1-mՊ Սo7;Պ Ս-|-m|u Singapore | Sydney | Melbourne | Brisbane | Perth lawinorder.com.sg [email protected] (65) 6714 6655 Family Courts Youth Courts Protection Order Services Maintenance Registry Maintenance Mediation Chambers Divorce Registry Counselling services supporting family violence applications and Youth Court cases Contentious Probate proceedings filed in the Family Division of the High Court will continue to be heard at the Supreme Court, 1 Supreme Court Lane, Singapore 178879. No shut-down of the eLitigation system for electronic filing during the relocation period. Urgent filings will continue to be processed within 1 working day. For all other filings, we seek your understanding if the processing time is a little longer than usual during the move. • • • • WHAT IS NOT AFFECTED? • • • • • • • WHAT WILL REMAIN AT 3 HAVELOCK SQUARE? There is also a need to consolidate mediation and counselling services for divorce related matters. FJC seeks to help troubled families resolve their disputes holistically and with less acrimony. As we intensify our efforts to better serve court users, the space in our Havelock premises is no longer sufficient to handle the work. WHY THE MOVE? Serving our community better together! For enquiries on these services, please call 6236 9050. From 6 October 2015 Child Focused Resolution Centre (CFRC) Family Resolution Chambers (FRC) Hearings will commence with effect from 5 October 2015. Counsel may consider using Skype for their ex-parte hearings (please refer to Family Justice Courts Practice Direction 161 on the use of Skype). For urgent applications from 25 to 30 September 2015, please call 6435 5864 to make an appointment to see the Duty Registrar. From 1 October 2015, registries for – Mental Capacity Adoption Probate and Administration • • • • • 2 court rooms 3 hearing chambers 9 mediation chambers 14 counselling rooms Waiting and meeting areas and child friendly facilities. WHAT ARE THE NEW FACILITIES AT MND COMPLEX? • • WHAT WILL BE RELOCATED? 5 Maxwell Road, #04-00, Tower Block, MND Complex in October 2015 Some services and registries of the Family Justice Courts (FJC) will be relocated to 029,1*127,&( Bus Services: There are major bus stops along South Bridge Road and Cecil Street. 5 Maxwell Road, #04-00, Tower Block, MND Complex [email protected] 6435 5110 https://www.familyjusticecourts.gov.sg Bus Services: There are major bus stops along Havelock Road, Eu Tong Sen Street and New Bridge Road. Email: Main Tel: Website: Address: Public transport Nearest MRT station: Tanjong Pagar (EW15) 3 Havelock Square, Singapore 059725 [email protected] 6435 5110 https://www.familyjusticecourts.gov.sg Public transport Nearest MRT stations: Chinatown (NE4) and Clarke Quay (NE5) Email: Main Tel: Website: Address: Feature 18 This article has been updated from an earlier paper written 10 years ago. On the 20th anniversary of Singapore having acceded to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”), it is timely to review the advancement of women in not just the legal profession in Singapore, but in all other areas of law. Gender in Justice – Women in the Law in Singapore Does gender still matter in the legal profession in Singapore? Background This article cannot provide a definitive answer and does not purport to be a scholarly discourse. Instead, it is intended to present some context from which readers can draw their own answers and their own sense of the relevance of gender in all areas of the law and not just the practice of law. Equality before the law is a constitutionally enshrined right of every Singapore citizen.1 The first part of this paper presents some historical and statistical information from the most recent decades – when women entered and graduated from law school and entered and remained in the legal profession in enough numbers to reliably track their professional presence. The second part attempts an interpretation of some of the numbers, in general terms. The third discusses how women have been (or the ways they have not been) integrated into the legal profession in Singapore and the particular challenge they face of achieving a work-life balance in the profession. Finally, I make some recommendations on the way forward. Singapore acceded to the Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”) Convention on 5 October 1995, although it must be noted that even to-date,2 Singapore continues to express partial reservations to arts 2, 11, 16(2) and 29(1) of the Convention.3 Notwithstanding this, in the 20 years since the signing on to CEDAW, significant legislation and policies had been reviewed and revised to improve the position and rights of women in Singapore. The Government of Singapore has also declared its commitment to achieving the goals set out in the Beijing Declaration and Platform for Action (‘Beijing POA’ for short) Singapore Law Gazette October 2015 19 Feature adopted at the 4th UN World Conference on Women held in Beijing in September 1995 to achieve gender equality. the students entering law school were women and this trend has continued into the new Millennium.8 Singapore ratified the International Labour Organisation (“ILO”) Convention No 100 on Equal Remuneration for Men and Women Workers for Work of Equal Value in May 2002, to affirm its commitment to equal pay for equal work. Now that women have achieved parity with men in law school admissions, was it only a matter of time before they achieve parity in the profession? It is against this backdrop, and CEDAW’s 20th year in Singapore, that we examine the relevance of gender in the advancement of women in Singapore in the arena of law. Admittedly, the numerical gap is quickly closing. In 1973, only 70 out of 461 (15 percent) of lawyers in Singapore were women.9 Today, their share of the practising profession has risen to 42 per cent.10 In fact, in the Junior category of lawyers up to seven years in practice, women outnumber men, forming 54 per cent of the profession. More women have also become partners, senior counsel, judicial officers and Judges and law professors than ever before. Perhaps the only statistical category men may expect to dominate for the next several decades will be in lawyer deaths, as the men who built and sustained the old boy networks pass on, given that women are generally outliving men. Women in the Law The Bench Historically, women have played a significant role in the legal profession and in the area of legal education in Singapore. In the recent past, three women had been appointed from the profession to the Supreme Court Bench11 forming 21 per cent of the composition of the 14-strong Bench. More recently, this percentage increased to 25 per cent when Ms Hoo Sheau Peng, Associate Professor Debbie Ong and Ms Valerie Thean were appointed Judicial Commissioners on 15 September 2014, with Judicial Commissioner Valerie Thean concurrently holding the position of Presiding Judge of the Family Justice Courts from 1 October 2014; Ms Foo Tuat Yien was appointed Judicial Commissioner on 25 May 2015. More recently, Singapore passed specific legislation on the prevention of trafficking in persons as well as on the protection from harassment.4 On 28 September 2015, Singapore acceded to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (“UN TIP Protocol”), more commonly referred to as the Palermo Protocol. Rather than a battle of action and reaction, this appears to have been a quiet revolution of attitude and opportunity. There were no banners, barricades or picketing, or highprofile martyrs or heroines. No men barricaded law school doors or took women to Court for taking their places. Instead women in Singapore looked beyond their gender’s traditional roles and saw themselves as lawyers and Judges and even deans of law school. It started with Teo Soon Kim, who was admitted to the Singapore Bar as early as 17 June 1929 and became Singapore’s first woman barrister.5 She quickly established a busy practice, arguing numerous civil and criminal cases in the lower Courts. This challenged the stereotype that women lawyers tended to steer clear from criminal cases. In 1932, she is documented to have argued her most high profile case in the Supreme Court where she successfully defended a farmer charged with murder after killing his cousin in a fight. Later that year she won another significant case involving a fatal motor accident. The movement continued into the 1950s and 1960s with women lawyers such as Madam Kwa Geok Choo6 starting her own local law firm Lee and Lee with her brother-in-law and Jenny Lau Buong Bee making Singapore legal history in 1966 when she became the first woman to be appointed a District Judge.7 This continued to gain momentum in the 1980s and 1990s. In fact, by the mid-1970s, more than half Teo Soon Kim Photo: Singapore Women's Hall of Fame Continued on page 22 Singapore Law Gazette October 2015 Professional Services 20 Leading provider of comprehensive business risk solutions The Global Risk and Investigations Practice of FTI Consulting provides our clients with critical information, insight and timely solutions for informed decision-making. 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For more information, please contact: Jason Liew Managing Director [email protected] Tel: +65 6324 0603 8 Shenton Way, #12-02, AXA Tower Singapore 068811 Tel: +65 6831 7820 www.fticonsulting.com CRITICAL THINKING AT THE CRITICAL TIME™ The forensic examination of handwriting, documents and fingerprints thorough analysis, impartiality, quality assurance Phone: +61 2 9453 3033 [email protected] www.forensicdocument.com.au 21 Professional Services azette’s r G w a L n unde in the o e i t s i c t e r s e ry Adv es” c directo i v w r e n e l S l a nal “Profes sio embers t m y t e i c oun Law So 0% disc 3 a o t d ct tle are enti months contra for a 12 Please call +65 6349 0172 or send your queries to [email protected] Invitation for Contribution of Articles The Singapore Law Gazette (“SLG¹HUVMÄJPHSW\ISPJH[PVUVM[OL3H^:VJPL[`HPTZ [V IL HU LK\JH[PVUHS YLZV\YJL MVY IV[O WYHJ[PZPUN SH^`LYZ HUK PUOV\ZL JV\UZLS H MVY\T MVY KLIH[L HUK H \ZLM\S YLMLYLUJL VM OPNO X\HSP[` JVTTPZZPVULK HY[PJSLZ JV]LYPUNHSSSLNHSZWLJPHS[PLZ 4LTILYZ VM [OL 3H^ :VJPL[` UVUWYHJ[PZPUN SLNHS WYVMLZZPVUHSZ HUK WYVMLZZPVUHSZ PU YLSH[LK ÄLSKZ HYL ^LSJVTL [V Z\ITP[ ^LSSYLZLHYJOLK THU\ZJYPW[Z [OH[ HYL VM LK\JH[PVUHSTLYP[HUKSPRLS`[VILVMPU[LYLZ[[VH^PKLYHUNPUNSLNHSH\KPLUJL :\ITPZZPVUZ HYL ^LSJVTL [OYV\NOV\[ [OL `LHY (SS Z\ITPZZPVUZ ZOV\SK IL \UW\ISPZOLK ^VYRZ IL[^LLU [V ^VYKZ HUK HYL Z\IQLJ[ [V [OL 3H^ :VJPL[`»ZYL]PL^ ;OL:3.PZ[OLWYLTPLYSLNHSQV\YUHSMVYHSSSH^`LYZHUKV[OLYYLSH[LKWYVMLZZPVUHSZ WYHJ[PZPUN PU :PUNHWVYL 6\Y HY[PJSLZ HYL YLHK I` YLHKLYZ PUJS\KPUN WYHJ[P[PVULYZ[OLQ\KPJPHY`[OLSLNHSZLY]PJL[OLHJHKLTPHSPIYHYPLZV]LYZLHZIHY HZZVJPH[PVUZHUKHZPNUPÄJHU[U\TILYVMPUOV\ZLJV\UZLSPU:PUNHWVYL We look forward to hearing from you! Please e-mail all enquiries, suggestions and submissions to Chandranie at [email protected] Feature 22 Continued from page 19 A large percentage of district Judges and magistrates in our State Courts and Family Justice Courts are women: 45 per cent in the State Courts in 2015 and consistently in the mid-40 per cent range since 2002. In the Family Justice Courts, women Judges outnumber the men at 71 per cent in 2015.12 Additionally, our appointments of justice law clerks, registrars, senior assistant registrars and deputy registrars also see good gender diversity. Mrs Koh Juat Jong was appointed as Registrar of the Supreme Court on 6 December 2003. Ms Jennifer Marie is currently Registrar of the State Courts. Mrs Koh Juat Jong went on to become Solicitor-General in the Attorney-General’s Chambers in 2008. She retired from that position in 2014. Law School The first local graduate, and youngest person to become dean of the Department of Law in the then University of Singapore in 1968 was also its first woman dean.13 In 1980, the National University of Singapore Faculty of Law saw its second woman dean taking office.14 In all, since the birth of the university’s Faculty of Law, more women have graduated from Law School. This is reflecting a slow feminisation of the legal community. However, the study cannot stop at mere visibility of women in positions in the law hitherto not seen, even though their presence cannot be ignored. The Bar Women have also made strides at the Bar, with eight having been appointed senior counsel to-date15 (one of whom was subsequently elevated to the Bench and one entering politics). A credible number of large law firms or law corporations see women sole-proprietors, managing partners, partners or directors at their helm, with many having a successful corporate practice. In the leadership of the profession, the first woman16 was elected as president of the Law Society in 1979. More than two decades later saw the second woman president, Mrs Arfat Selvam, elected to office. As President, Mrs Selvam germinated and championed the locum lawyer scheme to encourage lawyers including women who had left the profession to return by allowing them more flexible options and being able to work on a project basis. As at 9 June 2015, there were 7 lawyers registered as locum lawyers, interestingly with men making up a higher percentage.17 Politics and Policy-making As of September 2015, Singapore ranked 50 out of 190 countries with 25.3 per cent of parliament represented by women in the Inter Parliamentary Union Statistics based on May 2011 General Election and Punggol-East bi-election 2013 results.. In 2004, the Government, under then new Prime Minister Mr Lee Hsien Loong, made a significant advancement for women in politics and policy-making when he appointed three women political office-holders as part of his team. They were the Senior Minister of State for Finance and Transport (two portfolios), the Senior Minister of State for National Development and Education, the Minister of State for Community Development, Youth and Sports, and the Mayor of Southwest Community Development Council.18 More than a decade later, recent Cabinet appointments saw only one woman appointed full Minister, four women Senior Ministers of State and 2 Mayors. Despite Ms Grace Fu having been appointed as the first woman to head a ministry on her own since the last election, the number of women in ministerial positions still remains low. The percentage of women occupying cabinet office positions has fallen from 18.8 per cent since the 2011 elections to 16.2 per cent. By all counts, we can do better. This year’s appointments did, however, also see Halimah Yacob, who has a legal background, re-appointed Speaker of the House and Ms Grace Fu appointed Leader of the House. Women can, therefore, still be said to form a visible minority in all facets of the law and law-making in Singapore. Yet, when updating this paper, I was still struck by the lack of empirical data specifically on women in the law in Singapore and the absence of scholarly research on this theme. Local professional bodies such as the Law Society of Singapore or the Singapore Academy of Law have not been prompted to conduct studies in this area, and even basic historical gender data is difficult to locate or non-existent.19 Perhaps the one question that then underlies this paper’s title is: do we think about law practice issues in terms of gender in Singapore, and if we do not, should we? Meritocracy has long been touted to be the very cornerstone of Singapore society, and this perhaps has been the reason why the issue of gender has not been played up in the assessment of women’s progression in the legal field. However, meritocracy can be discriminatory if there is no attempt to level the playing field. So, while it would appear that we do not think about the legal community in terms of gender, perhaps it is time that we should, because (and only as long as) gender affects fairness or creates unseemly biases. For example, Judicial Commissioner Hoo Sheau Peng made the news only last month for hearing criminal cases and this was hailed as Singapore Law Gazette October 2015 23 Feature scoring “a first for female judges”.20 However, this must be contextualised as a large number of women State Courts Judges do hear criminal cases on a much more regular basis in the State Courts. Likewise, there is a good representation of women prosecutors in the Attorney-General’s Chambers, as there are women Judges in the Family Justice Courts. Yet, it is difficult for public perception to accept that the application of the law will necessarily always be gender agnostic. Moreover, differing career experiences of men and women, and the different perspectives they bring to the table, make it apropos and relevant still to ask about the role and power of gender in the legal sector. Life experience and the way facts are analysed can be informed differently, in part, according to one’s gender. Turning to the Numbers In 1973, women lawyers in Singapore constituted 15 per cent of all lawyers. In June 1992, there were 816 female practitioners, representing 39 per cent of the profession.21 Today, more than four decades later, there are 1930 female lawyers, representing 42 per cent of all Singapore lawyers in private practice.22 This seemingly stagnant number (notably strange in relation to the percentage of women entering and graduating from law schools) can perhaps be explained. One reason is that despite earning a law degree, women, in higher proportion than men, are not seeking to practise or maintain a practising certificate and instead seek alternative careers as corporate counsel or in the legal service or even outside of the law. The statistics bear this out, with a higher percentage of women (67 per cent) as against men (33 per cent) who are legal officers, holding practising certificates.23 Another reason is that more male lawyers who are retired or semi-retired might maintain practice certificates as consultants or commissioners for oaths, even though they are not really a part of the active workforce. This practice keeps the statistics of male lawyers holding practising certificates fairly constant, even though many may not be actively practising in the marketplace. However, this skews the statistics of who actually is available to be retained as counsel. In terms of legal education, in the last decades women have made up more than 50 per cent of law students in the National University of Singapore Faculty of Law, which was the only law school until 2007. Today, there are three law schools in total with the addition of the law schools in the Singapore Management University (“SMU”) and the Singapore Institute of Management University (“UniSIM”). The growth of the numbers of women enrolled in law school began to take off from the mid-1970s. This is a far cry from the eight female students (out of a total 22 students) (36 per cent) in the very first batch of law students in 1961.24 The Ministry of Education’s Education Digest Statistics 2014 saw 206 female students over a 403 (52 per cent) total in law school intake, 736 over 1491 (49 per cent) in enrolment and 179 over 388 (48 per cent) in graduates for 2013. Changing social norms and an education system based on meritocracy and equal opportunity may be some of the causes of this ongoing growth.25 There has, however, been no such known policy or restrictions for female entry into law school.29 Women Lawyers’ Career Paths Once matriculated and graduated, where do women enter the legal practice employment stream? As earlier mentioned, 42 per cent of all lawyers in Singapore holding practising certificates as at September 2015, are women. Of these women lawyers, 33 per cent hold the position of director or partner in a law practice (as against 67 per cent of men). The majority of women lawyers (56.4 per cent) as at September 2015 are found to be at the level of associates (as against only 38.8 per cent of men). Integrating Women into the Legal Profession So what has been some of the impact of the new legions of women lawyers? Women do not seem to have the same proportionate percentage rate of presence in legal profession leadership. For example, women comprise 33.3 per cent of the Law Society of Singapore’s Council, whereas they comprise 42 per cent of all Singapore lawyers holding practising certificates. However, the current percentage is a credible one compared to other leadership positions in the law. Equally encouraging proportionate rates for women are being seen in the judiciary (at 25 per cent in the Supreme Court and 45 per cent in the State Courts); in law firm partnerships (at 33 per cent of partners and directors); and in law school (52 per cent). Women law school professors and lecturers are important for women in the profession, not only as role models but also for their influence on gender bias issues in law student training, and in the different perspectives and gender-based substantive content they can, and often do, bring to legal scholarship. Singapore Law Gazette October 2015 Feature 24 Women in Practice Settings How are women faring in the economics of law? For women lawyers entering law firms, government or corporate legal departments directly from law school, their first year’s salary and bonus schedule generally tend to be on par with their male counterparts.26 Law firms, particularly large law firms, in recent years have been reported to offer extremely aggressive starting salaries. Certainly pay is lower at smaller firms, within government positions, or within corporate legal departments, but at least at entrylevel, there is generally no wage discrimination based on gender. But for women with experience, salaries do suffer when compared to those of their male counterparts. Nationally and in available statistics (as at July 2007) from the Department of Statistics, female lawyers polled earn slightly less than men27 ($5,500 versus $6,400 median monthly salary, women’s equalling 86 per cent of men’s median salary). As for legal officers polled, the discrepancy is slightly less ($5,500 versus $5,800, women’s equalling 94 per cent of men’s median salary). By way of comparison, it should be noted that in 2007, the average monthly earnings of females across broad occupational groups was 86.7 per cent that of the males, with the difference being narrower at higher skilled occupations.28 This has been stated as “‘reflecting the tendency for females to disrupt their career to raise or take care of children or family”.29 For example, take the work-family balance women wish to achieve. At some point, most women lawyers may have family commitments in the form of children, spouses or partners, and aging parents. While many men have similar commitments, women still shoulder most family-related responsibilities. Currently, the demands of the average woman lawyer in private practice may be too great to allow time for dealing with family issues. The top firms promote lawyers who are able to bill large amounts of hours above the average. For women to achieve the same bonuses, raises and leadership opportunities as men in the legal profession, they must commit to this intense working life, one that leaves no room for family, let alone social pursuits. Even after advocating for part-time schedules or flexible work arrangements, many women are still working 40 or more hours per week. And to make it worse, many feel disparaged and marginalised by their colleagues and supervisors. This discrepancy in latter years’ salary is more likely to be because women work in less prestigious and lucrative areas of law and partly because they are paid less for comparable work and for reasons not related to actual work performance. Statistically, women earn less in part because of “years of practice” differences and “areas of practice” differences between the genders. Demographically, women lawyers are clustered in the lower age brackets as associates (56.4 per cent as against male lawyers at 38.8 per cent). While new women lawyers might be making more to increase the median gender-based income, the few number of women with 12 years and above of experience results in a lower women’s median net income; just the opposite demographic is true among men. Indeed, men lawyers in practice for 12 and above years make up 61.4 per cent of the male lawyer cohort. Other factors are in play, including traditional practice structures. The percentage of women being hired at the large law practices, where lawyers generate higher average income, is slowly increasing. But we have seen that it is also women from large law firms who tend to leave the profession early. Law firm culture and structures are still fairly entrenched in traditional means of, and measurements for, professional advancement. For example, the billable hour system works against women. Women tend to bill fewer hours to begin with, even when time had been expended. Women with family responsibilities statistically are caught up short: (i) it is difficult to put in the 70- or 80-hour weeks; and (ii) the billable hour system does not reward any efforts for efficiency in work habits. Lawyers who bill fewer hours hurt the firm’s bottom line. Even though the lawyer’s work product meets the client’s needs, the billing system works against the lawyer’s professional development, her partnership track, and her income. Management increases professional responsibility for and entrusts bigger cases to the more “seasoned” lawyers and ones with travel flexibility. Women, often responsible for family care and who take maternity leave, do not fall into these categories – and their long-term economic stability and advancement can suffer for it. Law practice structures and part-time employment also need to be mentioned. Most law firms in Singapore only make part-time employment available on a case-by-case basis. Very few lawyers work on a part-time basis, irrespective of whether the work setting is a law practice, in-house position or Government office. Why so few take advantage of parttime job availability is not known, but the speculation is that part-time lawyers will be seen as not being as seriously committed to the law, that a part-time job will grow into a near full-time job with part-time pay, or the belief that certain kinds of work can only be done on a full-time basis. Singapore Law Gazette October 2015 25 Feature Work-Life Balance What changes are women making in how lawyers practise? Even as one looks past discredited gender stereotypes, there is still a marked difference between men and women on the issue of an appropriate balance between personal and professional lives. Bearing in mind that the average female law graduate enters the profession in her mid-twenties, the first 12 years of her practice life are not only generally the period important to career development, but also during which women are having and caring for young children. Overall, the desire for sufficient time to meet personal and family needs is a more important consideration for women lawyers than for men. In a perfect world, men should have the same level of concern, but they do not. It has taken the increased participation of women in our profession to awaken a consciousness regarding issues of work and family balance. Another “not practising” factor is one’s perception of whether one can advance in the legal profession. My own informal anecdotal survey found that both men and women are less optimistic that women lawyers’ prospects for career advancement are equal. Also, many women lawyers do not believe that women are treated at work the same as men are treated. Many women find it tough to combine a career and family, citing inflexible working arrangements, pressures of work and the need to be visibly present in the office to put in the billable hours. The most commonly noted obstacle to a balanced life for women lawyers in private practice is the burdensome number of billable hours expected in many firms. Many firms measure the worth of their associates and partners based on this male model of commitment. The billable hour is fraudulently presented as a gender-neutral measure of a lawyer’s contribution to a firm, but it is not gender-neutral at all; in fact, it has a discriminatory negative impact on women through its inherent hostility to family needs. The harmful effects of the billable hour system are well known, and steps have to be taken to come up with billing alternatives that are less harmful to the profession and to the people in it. However, some firms are slowly “getting it”, and they are adopting more enlightened policies for alternative work schedules, family leave and organisational support, all of which should improve the ability of their lawyers to balance personal needs against professional demands. However, even in those firms with de jure flexible schedules and part-time work arrangements, the women who select these options are too often fearful of being excluded from the partnership track. The stereotyped assumptions of incompetence, weakness, lack of commitment and overemotionality undermine the efforts of many women lawyers to balance work and family. Solutions that focus on the need for women lawyers to learn better time-management strategies also tend to suggest that the problem is their own deficiency rather than the gender-bias of the system. So having policies in place and having a culture where women feel free to use them are two different things. Unfortunately, most women lawyers are reluctant to take advantage of these options, out of fear that to do so will harm their careers. Only after some pathfinders demonstrate that taking advantage of available accommodations does not damage a lawyer’s career will more women (and men) be willing to use them. For women lawyers who want to avoid billable hours altogether, there should also be other good options, like Government or corporate practice. Women can also gain more freedom to make lifestyle choices by forming or joining small firms. Otherwise, women, more likely than men, will choose to leave the profession. But there is good news, too. Women have more opportunities than ever before in the legal profession. As the number of women lawyers increase, women will undoubtedly influence the industry’s culture toward better work-life balance. Law firm culture, work-family balance issues, alternative work arrangements, and old-line perceptions combine to make advancement to partnership, general counsel, or even elected office more difficult for women. The demands of the economy tend to exacerbate the problems, because the focus on productivity (ie billable hours) becomes even more intense. So both male and female lawyers would benefit from addressing and making a sustained commitment to equal opportunity within the legal profession. With dual income households practically a necessity these days, many male lawyers are facing the same work-life balance issues as women do. Male and female lawyers who share a concern for creating an environment conducive to both productive work and time for family, surely will soon outnumber those who have climbed the ladder through the old structure. Equal opportunity will continue to increase, Singapore Law Gazette October 2015 Feature 26 and higher morale and overall happiness of all attorneys will be the result. It is still too early to know the full impact of gender equality. We do know women are a force in restoring balance to the lives of lawyers, male as well as female, and that is a welcome and needed influence. Challenges Ahead and the Way Forward With respect to gender bias, there still exists what Yale Professor Deborah Rhode calls the “no problem” problem – the misperception that the “women problem” has been solved.30 People today believe that women are no longer discriminated against in the legal profession. The common assumption is that equality in the legal world has been achieved. According to Rhode, this is hardly the case. There are many gender inequality issues in the legal profession that still need to be addressed. The real factors at the root of the problem include traditional stereotypes, lack of mentoring and inflexible workplaces. Traditional stereotypes still say that what is assertive in a man is abrasive in a woman. Women must walk a tightrope to avoid being considered too weak or too aggressive. Lack of mentoring is another factor. Too many women remain out of the loop because they do not have a role model to usher them into the legal world. Women would feel more comfortable adjusting to a firm if they could see that other women were accepted there. Plus, an atmosphere that fairly represents both genders would allow women to feel more at liberty to ask questions and participate because there would be no need to prove anything or fear that they were constantly being judged. The issue of workplace structures needs to be addressed. While many firms are awakening to the problem, they have yet to solve it. Many firms keep inhuman hours and, as a result, female lawyers are forced to choose between work and family. Today, lawyers are tied to the workplace via e-mail, faxes and mobile phones as if it were an allconsuming 24-hour commitment. Many women feel pressured into accepting this full-time commitment because any restriction on the hours will carry a permanent price. Men, too, fall victim to these unrealistic workplace schedules. As can be seen, it has only been in the past decade that the Singapore Government has ratified CEDAW and only in the turn of the century was a gender-bias reform effort initiated with legislative, judicial, administrative and other measures adopted by Singapore to give effect to the provisions of the CEDAW. But this must not be seen and accepted as having solved the problem. The above figures show that while women are now graduating from law schools in equal or slightly greater numbers than men and while similar numbers of men and women are moving into legal practice, women are then leaving legal practice in far greater numbers in the first 12 years of practice. Female lawyers appear to be promoted at a slower rate than their male colleagues and remain longer at the associate level and receive low levels of remuneration. Additionally, women are still relatively under- represented in senior positions in the profession, ie in partnerships, and as senior counsel, compared to the total composition of women in the legal profession. Such trends will have adverse consequences for clients, women lawyers and the legal profession, and in relation to the way law is practised, which include: lack of diversity in the profession; loss of talent; lack of role models for women lawyers; few women mentors; lack of critical mass of women necessary to make it easier for women in the lower ranks of the profession to change the legal corporate culture; and, the structuring of law firms and legal practice in a way that suits men rather than women. The above results may be summarised by saying that despite the many advances made by women lawyers over the past decades, barriers to women’s career progression still remain, particularly in the form of exclusionary practices, structures that impede work-life balance, and pay inequity. Many women believe that an “old boys club” still exists within the profession, particularly in certain practice areas and they feel excluded from commercial and social networks that are highly influential in furthering a legal career. Disproportionately, it is women who have experienced the use of inappropriate language in the workplace, with harassment or bullying occurring at certain levels. However, it must be emphasised that the greatest obstacle to women’s career progression remains the difficulty of achieving work-life balance within the “long hours” culture that both men and women overwhelmingly agree exists in the legal workplace. This culture impacts particularly upon women where men are not taking on an equal caring role. It is, therefore, timely that professional law associations now be charged with the task to consider the impact of gender issues on the legal profession, and assess the status of women in the legal profession. It is also incumbent on them to identify barriers to advancement and to take preventive action to remedy the culture of discrimination experienced by women lawyers. Singapore Law Gazette October 2015 27 Feature Responsibilities for furthering equality within legal practice also need to be borne by other bodies and institutions, including the Government. The agenda for change must, therefore, be aimed at women lawyers as individuals as well as at professional bodies and the university law schools. The importance of further research cannot be underestimated. These recommendations seek to achieve gender equality in the law, both through countering specific instances of discrimination, but alsothrough the development of comprehensive strategies at a broader level to address the structural obstacles that continue to prevent women from succeeding professionally. An Agenda for Change Women as Individuals On an individual level, women lawyers can help themselves by doing the following: Actively participate in our professional bodies Professional bodies are associations which afford women lawyers, Judges and academics opportunities to network, which is crucial for system change. It is only as the number of women lawyers increase and more women step up and are elected to professional office that the opportunities for change will multiply. Network with senior corporate women Law practices need to reflect the clients they serve. As the number of women in senior level positions in the corporate world rises, law firms will need to retain and promote women to remain economically viable. Networking with women in senior level corporate positions will also facilitate change. When women in powerful corporate positions demand representation by women in law firms, change will become necessary. Advocate for change Just as women lawyers, academics, politicians and activists have led the way in establishing redress for domestic violence, and continue to lobby against discriminatory policies, women lawyers and Judges can work together to reform the practice of law itself. If women choose to work at only those firms that strive to eliminate inequality, then perhaps other firms will get the message. Ultimately, the refusal of women to accept inequality will be the most persuasive factor in eliminating the “no problem” problem. Professional Bodies To achieve equality, institutional commitment is also required. While women have adapted to professional roles, the professions have not entirely adapted to the presence of women. Individual women can be agents of change, but collective responses are also required, and it is time for a commitment to institutional change. Such change requires leadership, in order to build a moral and pragmatic case for gender equality, and to translate this case into reality. Equality commitments and goals must be clearly spelt out and transparent. Only then can professional bodies and employers be held accountable. We must also recognise that there are limitations faced by individual enforcement. We must, therefore, have a comprehensive range of strategies in order to make policies effective and achieve goals. The view expressed by the Government has been that any woman who is of the view that she is subjected to unequal treatment in legislation and/ or unequal treatment in executive decisions can bring the matter before the Courts.41 However, as well as traditional judicial enforcement of individual rights, other regulatory tools should also be employed (including education and training; voluntary codes; equality auditing; and economic incentives). Professional bodies should bear greater responsibility, on behalf of their increasingly female membership, to ensure gender equality. In particular, the existence of gender discrimination within the legal profession must be acknowledged. The adoption of an Equality Statement and/ or Code, to be incorporated into our rules of professional conduct, governing relations among members as well as between members and third parties, should be considered. Professional associations should consider the drafting of model policies and protocols for law firms and lawyeremployers to adopt, addressing in particular: (i) harassment and bullying; (ii) work-life balance and the long hours culture; (iii) pay equity; and (iv) gender-sensitive evaluation methods and promotion criteria. Women should be encouraged to run for election to the governing body of professional organisations. Women lawyers’ groups and networking on gender issues should be actively encouraged by professional bodies. Disparities in pay and retirement arrangements between women and men, and the lack of transparency around pay levels, need to be addressed. Professional bodies should conduct equality audits on earnings to ascertain the true extent of the gender pay gap, and seek to remedy it. The use of inappropriate and/or sexist comments in the legal workplace need to be challenged Singapore Law Gazette October 2015 Feature 28 through the provision of information on and training in appropriate language use and language sensitivity. Finally, professional bodies need to take responsibility for monitoring our membership according to gender. Data should not be confined just to applications for membership, entrants to the professions but also career progression, and attrition rates. Work-life Balance Barriers to women’s career progression will remain as long as work-life balance is seen as solely a “women’s issue”. Instead, any effort towards introducing reforms in this area should be based on the premise that any flexible working arrangements introduced to foster such balance should be strictly gender neutral, available on the same conditions (in policy and in practice) to men and women. In this regard, the locum scheme introduced by the Law Society of Singapore is a welcome move. Professional bodies should adopt policies on work-life balance, and encourage employers to be more flexible in accommodating and facilitating working off-site from home, reduced hours and other flexible working arrangements. A policy providing for cover (preferably through the appointment of a locum or substitute) for both men and women, who wish or need to take leave from work, should be developed. Parental and work-life balance policies should be publicised by professional bodies and employers to ensure a greater level of awareness about entitlements. Employees should not suffer disadvantage to their careers in taking statutory maternity leave, other forms of leave or reduced hour’s arrangements. Legal Education In the field of legal education, gender issues should be mainstreamed through their inclusion on the curriculum and incorporation into law teaching generally. Ideally, a structured career guidance programme should be introduced at the post-graduate training stage to assist students setting out on legal practice in order to reduce gender segregation in choice of specialisation, and to address gendered career paths in the longer term. Networks should also be developed between generations of women lawyers, to provide role models, mentoring and support to students embarking upon a legal career. Law Firms Law firms and lawyer-employers should adopt a statement/ code on equality, and one against harassment and bullying, including reference to relevant procedures and monitoring practices. Firms and employers should make clear through codes, training and practices that the use of inappropriate language is not acceptable in the workplace, and that lawyers should not be assigned inappropriate tasks or be victimised for unwillingness to perform such tasks. The career ladder or glass ceiling widely evident in law firms needs to be restructured to facilitate reduced working time arrangements and leave, and to ensure that uptake does not impact adversely upon a lawyer’s career. Parental leave and flexible working arrangements should be made available to all lawyers, men as well as women, and men should be encouraged to take up leave and flexi-time options, to end the double standard where such arrangements are seen as available only to women. Practical assistance by large law firms in the provision of childcare support or facilities should be considered. Support staff and locum cover should be provided where necessary to ease the pressures of the “long hours” culture upon employees. Greater transparency and objectivity in the partnership selection process should be introduced. All processes by which solicitors become partner should be based on objective criteria relating to merit. The introduction of structured role model or mentoring systems by firms could encourage women’s progression to partnership. Further Research The earlier version of this article had the stated aim to raise issues rather than provide answers, some of which were identified to require further research and analysis into the histories of the “pioneers” and the early women lawyers who paved the way for future generations, apart from just knowledge of their existence as a statistic. The launch of the SCWO’s Singapore Women’s Hall of Fame has filled this gap to some extent as can be seen from above. The Law Society of Singapore celebrates its own Golden Jubilee in 2017. It is hoped that with this impending milestone, we can do more as a professional body to research into issues such as the extent of gender disparity in lawyers’ pay and the reasons for disparity in the career progression of women compared with men and develop strategies to tackle them. Conclusion This general study of women in the law in Singapore shows that the legal landscape from a gender viewpoint has improved tremendously in recent years. If current trends in law school graduands continue, women’s representation in Singapore Law Gazette October 2015 29 Feature the profession should equal men’s in the foreseeable future. Already, women’s advancement in law school enrolment, in active practice, law-related leadership positions in parliament and in Government and in the judiciary are cause for great optimism and celebration. 11 Ms Lai Siu Chiu was appointed Judicial Commissioner on 2 May 1991 and Justice of the Supreme Court on 2 May 1994; she was the only woman Senior Judge appointed in January 2015. Mrs Judith Prakash was appointed Judicial Commissioner on 1 April 1992 and Justice of the Supreme Court on 1 April 1995; Ms Belinda Ang was appointed Senior Counsel in 1998, Judicial Commissioner on 1 February 2002 and Justice of the Supreme Court on 2 January 2003. 12 Singapore Government Directory (2015). 13 Dr Thio Su Mien graduated in 1961; joined the Faculty’s teaching staff in 1962, was appointed Vice Dean in July 1968 and appointed Dean at the end 1968. She remained Dean until 1971 when she left for private practice. 14 Associate Professor Tan Sook Yee (1981 to 1987). 15 Belinda Ang Saw Ean (1998), Engelin Teh Guek Ngor (1998), Molly Lim Kheng Yan (1998), Deborah Barker (2001), and Indranee Thurai Rajah (2003), Mrs Koh Juat Jong (2008), Ms Jennifer Marie (2010) and Ms Mavis Chionh (2015). 16 Ms Phyllis PL Tan (1979). Ms Phyllis Tan also holds the distinction of having been the first women lawyer to be awarded the CC Tan Award by the Law Society of Singapore. 17 <http://www.lawsociety.org.sg/forPublic/FindaLawFirmLawyer/LocumSolicitors. aspx>. 18 Mrs Lim Hwee Hua, Ms Grace Fu, Mrs Yu-Foo Yee Shoon, and Dr Amy Khor, respectively. 19 The Law Society of Singapore has only in recent years started keeping statistics based on gender. The Singapore’s Ministry for Social and Family Development provides gender statistics to provide an overview of the status and progress of Singapore women, vis-à-vis the areas of concern of the Beijing POA. In the area of Women and Decisionmaking, these include statistics on women in parliament and the judiciary. 20 Straits Times 9 September 2015. 21 Wong and Leong (eds), Singapore Women: Three Decades of Change (1993), p 276. 22 Statistics on Female Practitioners as at September 2015, The Law Society of Singapore. 23 Supra 24 Supra (note 9 above). 25 Contrast this to the field of medicine, where there had been, until very recently, unabashed positive discrimination against women in keeping the quota of female medical students low. In 1979, a one-third quota on the intake of female medical students at National University of Singapore was introduced. This was sought to be justified by the fact that comparatively, more female doctors left the workforce prematurely or switched to part-time work. Although this has been the bane of the women’s movement in Singapore and protested against by women activists and NMPs in parliament, It was only in 2003 that this quota was removed and even so, due to the fact that in recent years, the attrition rate for female doctors has decreased substantially, and is only slightly higher compared to the attrition rate for male doctors. 26 Except that employers are known to offer male graduands from the same cohort a slightly higher starting salary to compensate them for having taken two years’ off to serve National Service before entering law school. Prevention of Human Trafficking Act (Act 24 of 2014) and Protection from Harassment Act (Cap 256A). 27 Singapore Council of Women’s Organisations (“SCWO”), Singapore Women’s Hall of Fame (“SWHF”); available at: <http://www.swhf.sg/the-inductees/20-law/158-teosoon-kim>. Singapore’s Fourth Periodic Report to the UN Committee for CEDAW (2008), Ministry of Community Development Youth and Sports. Available at: <http://www. scwo.org.sg/downloads/CEDAW_2009-Report.pdf>. 28 Supra (p 66, para 11.14). 6 Supra <http://www.swhf.sg/the-inductees/20-law/159-kwa-geok-choo>. 29 Ibid. 7 Supra <http://www.swhf.sg/the-inductees/20-law/160-jenny-lau-buong-bee>. 30 8 Statistics on male and female graduates from session 1960/61 to 2003/04, courtesy of National University of Singapore, Faculty of Law. Deborah Rhode, “Gender and the Profession: The No Problem Problem” (2002) 30 Hofstra Law Review 1001. See also Deborah Rhode “Equal Justice Under Law: Connecting Principle to Practice” (2003) 12 Washington University Journal of Law and Policy 47. 9 Kevin Tan (ed), Change and Continuity: 40 years of the Law Faculty (1999), p 39. 10 Statistics on Female Practitioners as at September 2015, The Law Society of Singapore. Whether equal numbers alone will be enough to bring on equal opportunities remain to be seen. Much will depend on the profession’s willingness to address gender issues and break down barriers that persist. Women in the law should seize the opportunities presented to them, so that there is reason to anticipate that soon, we may not need to pose the question of whether gender matters in the legal profession. ► Malathi Das* Joyce A Tan & Partners E-mail: [email protected] * Malathi is a practising family lawyer who has a special interest in gender and children issues. She is also current President of the Singapore Council of Women’s Organisations (“SCWO”), the national co-ordinating council of 58 women’s organisations in Singapore. Notes 1 Article 12, Constitution of the Republic of Singapore. However, in Lim Meng Suang and another v Attorney-General and another appeal and another matter [2014] SGCA 53 in a challenge on the constitutionality of s 377A of the Penal Code, the Singapore Court of Appeal held that s 377A fell outside the scope of art 12(2), which forbids discrimination of citizens on grounds including religion, race and place of birth. The Court observed that art 12(2) did not contain the words “gender”, “sex” and “sexual orientation”, which related to s 377A. 2 For Singapore’s reservations: reservations-country.htm>. 3 Articles 2 and 16 concern the modification or abolition of laws and customs that discriminate against women. Article 11 refers to the elimination of discrimination against women in the field of employment, and art 29(1) requires States parties to submit to arbitration any unsettled dispute concerning the interpretation of the Convention. 4 5 <http://www.un.org/womenwatch/daw/cedaw/ Singapore Law Gazette October 2015 Feature 30 This article was originally published in Our Lives to Live, Kanwaljit Soin and Margaret Thomas (Eds.), ©2015, World Scientific. Reproduced with permission. Fifty Years of Change and Struggle for Equality glass ceiling at each age. They, in fact, heralded the arrival of each epoch in women’s transformation whose time had come. In March 2014, in celebrating International Women’s Day, the Singapore Council of Women’s Organisations launched a Singapore Women’s Hall of Fame1 that honoured 108 women pioneers from the early beginnings of Singapore as a British colony, through her Independence and up to contemporary times. These women were leaders and pathbreakers in various areas of endeavour which had hitherto been men’s domains, ranging from education, medicine, law, engineering, to business, science and arts, sports, the uniformed forces, Government and community service. This project is as much about celebrating women’s achievements as recording the long process of how women have become what they are today. From the incipient opportunity to receive a modern education in the early 1920s, to becoming the first woman doctor, lawyer, or academic dean in the 50s and 60s, and to being the first woman Judge, permanent secretary, woman ambassador, politician or Cabinet Minister from the 1980s onwards, or the first corporate women to be ranked for influence by Forbes, the first sportswomen to win an Olympian Silver for Singapore, and the first women’s team to conquest Mt Everest, the progressive advancement of women in the past decades – upping the ladder and going beyond the familiar arenas – is vividly chronicled through the remarkable achievements of these pioneering women. These remarkable women are not just the great individual achievers who breached the At the 2014 edition of Singapore Perspectives, the National University of Singapore’s Institute of Policy Studies’ annual conference, the participants were asked to vote on the one area in which social differences have narrowed the most over the past 50 years. They were to choose between race, language, religion, gender, education, income and social class. The greatest majority chose gender. Indeed, the statistics show women have now achieved almost parity with men in most areas of activity, and even surpassed them in some areas. Women are getting better and better educated, advancing in careers, and achieving economic independence, and autonomy in life choices including marriage and childbearing. Perhaps only in two areas are women still lagging behind men: their representation on boards of directors and in politics. These are two areas or issues that women’s lobby groups are currently focusing on. To fully appreciate the tremendous changes that have occurred in the lives of women over the past 50 years, it would be appropriate and interesting to examine the lives of women who are in their mid-60s and 70s today. This is the Baby Boomer cohort who, when they were growing up, went through the hardships of World War II and the Japanese Occupation; faced limited, though gradually improving, education and employment opportunities in the 60s and 70s; and who married, had children, and were largely homemakers. Contrast their life experience and aspirations with those of the current Generation Y or Post-Millennials. A delightful article was written by Ann Wee on “Older Women” in an edited volume on Women2. She described the lives of women who came to Singapore as immigrants in the early 20th century, working as amahs and samsui construction workers and in various services and small enterprises. They were not educated, were hardy and strong both physically and in spirit, worked hard and saved to send money back to their family and village community. They formed credit unions for financial security. They were low in social and legal status, whether as wives or single women, working or not gainfully employed. These were the pioneer women whose children are the Baby Boomers who have now reached retirement. Singapore Law Gazette October 2015 31 Feature An ideal narrative about changes in Singapore women would therefore be about three generations. The glimpses in this book of three generations of women give a human face, the woman’s face, to the tremendous changes in Singapore society over the past 50 years. Life stories are a reflection of the social forces that shape the individual’s life journey. What are the social forces that are most prominent in shaping women’s lives in Singapore? These are: a rising level of education for both men and women, rising economic opportunities that came with the country’s economic development, changing cultural values and practices pertaining to marriage and procreation, changes in family structure and norms with regard to the roles of husbands and wives, and removal of barriers to equality between men and women in the workplace, in business and in public life. More recently, over the past one and a half decades, the forces of globalisation and the information and communications technology revolution have also affected men and women in their work, family and social life. All these factors for women’s great advancement since Independence have been well-documented. So too have the dilemmas faced by women in their choices. Earlier on, the one dominant dilemma faced by women had been career versus family. This caused role conflicts and role strains – women dropping out of the labour force after marriage and childbirth, women unable to return to the workforce after their children had grown up, and loss of confidence and self-esteem among stay-at-home mums. Now, the major dilemma facing women is no longer whether to work or not to work, but how to work so as to maintain a work-life balance. There is also an increasing number of well-educated women who choose to be stay-at-home mums, have more than two children, and feel proud about their choice. So things have continued to evolve for contemporary women. An interesting publication by the SCWO in 2005 entitled “Her Story”3 contains a series of essays which represent the voices of women around the dawn of the 21st century. The topics are grouped under four sections representing the different life stages: “Growing Up” with freedom and choices available in education, career options, dating and sexuality; “Making Choices” in adult life: marriage and childbearing, divorce and singlehood, the superwoman conundrum; “Career and Community”: labour force participation, the glass ceiling, volunteerism and public life, and getting older; and “Living Longer”: redefining age, second careers, being single again, older women’s health and financial security. Taken together, the tone of the publication is a shout from women’s hearts (not a cry of agony), a declaration of women’s autonomy vis-à-vis the state, the family and society. It is a celebration of women’s coming of age at last! It all sounds very feminist. Feminism is, however, no longer on the minds or the lips of the current generation of women who have had or are having a very good run in modern, meritocratic, competitive and affluent Singapore. To a large extent, the angst and the anger have gone. So too the idealism and passion for equalising the playing field for our sisters. The feminist movement in Singapore has followed a somewhat similar trajectory to that in Western countries such as the US. There was here also a first wave of feminism between the 1920s and the 1950s, with pioneer women leaders calling for more education opportunities for women, reforms in the marriage and family laws, and women’s right to vote. As in the US, the early struggle for gender equality was led by educated, middle-class women. When Singapore obtained self-Government in 1959 and general elections were held, women gained the right to vote, and in 1961, the Women’s Charter was passed to protect the rights and interests of women and children, and abolish polygamy. Soon after those momentous gains, the women’s movement notably died down. A second wave of feminism (which occurred in the West in the mid-60s to the 70s, in conjunction with the Civil Rights movement and the Anti-Vietnam War movement) occurred in Singapore only in the early 1980s with the emergence of women’s organisations such as AWARE (Association of Women for Action and Research) pushing the feminist agenda, and with the election in 1984 of three women members of Parliament after a hiatus of zero female representation for 14 years. In 1989, the ruling People’s Action Party formed a Women’s Wing to focus attention on women’s issues, groom women activists and strengthen political support among the grassroots. Owing to the efforts of women politicians and women’s organisations, as well as the exigencies of the times (such as the continuously falling fertility rates, and a persistent labour shortage), the Singapore Government removed many barriers to women’s advancement in the ensuing two decades (from the mid-1980s till the mid-2000s). These include equal pay, equal medical benefits for male and female civil servants, more maternity leave benefits, childcare facilities, child leave and paternity leave, the fiveday work week, the right to citizenship by descent of children born overseas to Singapore female citizens, and the quota on female students in medical school. The Women’s Charter has also undergone a couple of revisions to provide stronger protection for women, including protection against Singapore Law Gazette October 2015 Feature 32 domestic violence. These gains in women’s status and welfare as a result of feminist lobbying can well be called “reform feminism”.4 In the US, with the gains made by Blacks in civil rights – a struggle with which the second-wave feminists were closely aligned – the feminist movement was pronounced dead by media reports in the 1980s and 1990s. But it was not so. Feminism had spread by then to developing and underdeveloped countries, where priority concerns were somewhat different, eg reproductive rights (ie access to contraception), women’s equal right to landholding and inheritance. The current state of feminism in the West is highly divided along sectarian interests: along ethnicity (known as multiracial feminism), along class (Marxist or socialist feminism, feminist anti-capitalism), along sexual orientation (LGBT), and along eco-feminism (climate change and impact of tourism on women). These groups invoke different social and political ideologies, and push for their own political agendas. The current state of affairs has been called an “inclusive, multicultural” feminist movement, which is in fact highly divisive. As mentioned earlier, feminism is hardly on the minds of contemporary women in Singapore. Currently, the women’s organisations (eg, AWARE, UN Women (Singapore), are focusing attention on the global issues of violence against women, including human trafficking. There is, besides, a hint of some women’s groups aligning themselves with the LGBT community for a more inclusive society. But what about the individual woman? After 50 years of women’s struggle, is she better off than her mother? Is she much better off than her grandmother? The answer is yes, if one just looks at objective situations, as seen in statistics of women’s advancement. But if you look into the woman’s subjective self through the lens of (true) feminism, the answer is an ambivalent one. The feminist credo is essentially one of liberation, equality and solidarity. Its tone and magic is in its uplifting quality, as a philosophy, a practice and experience in everyday living. So, are contemporary women here truly emancipated – after they have gained freedom of choice? Are they truly equal (with men) and believers still in the just society? they are an exposition on the “bonds that tie” women, from which I hope they will become free at last. 1. Globalisation supercouple. and survival of the superwoman/ 2. Power women on boards and the hunger for power. 3. Capitalism and branded goods consumerism. 4. Dependence on foreign maids. 5. The supermum and her conquest by the tuition industry. 6. Seduction of the spa and anti-ageing promise. Globalisation and Survival of the Superwoman/ Supercouple: Globalisation is a double-edged weapon. On the one hand, it opens up boundless opportunities for both men and women and has lifted millions of people in the developing world out of dire poverty. On the other, it has created hardships for many in both worlds whose skills have been outdated by the rapid technological advances and their jobs lost to outsourcing by the transnational companies. For women who are married and wish to advance in their careers, the world of work has become much more fast-paced, 24/7, and involves a lot of business travel. So too the career of her husband. The marriages of modern-day superwomen are, therefore, subjected to much greater stresses and strains than ever before. The buzzword among educated women, human resources professionals and policy circles is worklife balance. However, in interview after interview of great achievers, the frank answer given by women is often: there Based on my observations as a grandmother, a woman still married to the same man for nearly 50 years, and an ageing feminist(!), I would like to sketch out the following facets in the lives of contemporary women in Singapore, and let the readers ponder on whether women in this city-state are truly emancipated or not. These facets include flashes/images that may not be representative of all the women achievers, and may in fact be stereotypes and prejudices, but together Singapore Law Gazette October 2015 33 Feature is no such thing as work-life balance. Sequencing of work and life aspirations, yes and perhaps, but when you have to do everything at once, there is no other way than to grit your teeth and just manage your multiple tasks by prioritizing and working extra hours! Another phenomenon that impacts marriages here has become a great concern to working or non-working women over the past decade or so. This is the in-migration of female workers and “Study Moms” in Singapore, and the “other woman” in the spouses’ overseas postings – or the “China Woman syndrome”, which is often at the centre of gossip or unspoken fear among women’s circles. The sense of insecurity has re-surfaced among modern-day women, in spite of their economic independence and individual freedom. Power Women on Boards: It would seem that the last frontiers of feminism are being fought in company boardrooms and in politics. With more and more women rising to managerial positions, it is logical that women should aim for board seats as the next step. There is emerging research that shows more gender diversity on boards of companies improves the company’s performance. A recent local Report on board diversity5 shows a positive relationship between the proportion of woman directors and a firm’s performance in terms of return on assets and return on equity, although not on market value. It also shows a positive relationship between gender diversity and corporate governance quality in Singapore. However, it should be noted that in general there is a very low representation of women directors on boards of listed companies here, hence the findings are at best very tentative. What we need to ask of ourselves is this: do top-achieving women want to “Occupy the Boardroom” simply or mainly to boost the company’s performance and prove their selfworth? In which case, anecdotal evidence shows that the women directors conduct their work in ways no different from the men – hard-headed, brusque, KPI-focused. Research has also found that when women get to the top, they are often more unsympathetic towards women who work under them. If the women’s struggle is for a more just society – should women not cherish the goals of bringing about changes to the business world so that capitalism can be more just, or that business can be done on fundamentally different premises, other than the profit motive? Capitalism and Consumption of Lifestyles: Capitalism is premised not just on the profit motive. It is also premised on mass consumption. While capitalism has improved the standard of living of the world’s population, it has also provided the goods and services that feed the demands of status consumption. The successful woman’s love affair with branded goods – branded handbags, clothes and jewelry – and the massage and spa, is an integral part of a luxurious lifestyle that they can afford now, and to which those who cannot afford aspire to have. If this is a caricature of the power-dressed women now, how would women exorcise such a stereotype? I strongly suggest that those who lead should lead by example by rejecting such trappings of having arrived. That would be a first step in feminist resistance to capitalist consumerism which aggravates the perceptions of income inequality and does not elevate perceptions of the sense and sensibility of the modern woman. Dependence on Foreign Maids: It is often remarked in academic circles that the success of Singapore women has been built on the backs of foreign domestic helpers. It has been a longstanding policy of the Government to help married women with young children to remain in or re-enter the workforce by allowing them to hire live-in maids on work permits. Previously it was not uncommon to see couples leaving their young children in the care of their grandparents or day-caregivers for the whole day or even the entire week, picking up the children late in the evening, or only on weekends. Now, with more liberal granting of work permits to foreign maids, and with more families being able to afford the costs of hiring livein maids, it is much more common to see parents leaving the maids to take care of the children and the housework. The Government has also been very liberal in recent years in granting work permits to families who look after elderly parents. Thus, the number of foreign maids in Singapore has exploded over the years: from being first concentrated among the well-to-do families to a sizeable presence now in the HDB heartlands. In June 2014, 17 percent (nearly 220,000) of the foreign workforce in Singapore comprised of domestic workers, with one in five households having a foreign maid. While the foreign maids do provide much needed help to the women in carrying out housework, childcare and eldercare, the dependence on foreign maids is a doubleedged sword. Many commentators have noticed the almost total relegation of parental duties to the maids in some families, and the lack of ability to take care of their own daily needs among the young children growing up in families with Singapore Law Gazette October 2015 Feature 34 maids. Others also have noted that the maids could bring problems, including the breakup of the employers’ families. The relationship between the employer and the maid is an unequal one, a heavily skewed power relationship. The maid is lowly paid, lowly regarded and subject to unfair working conditions and contract terms. This is as if the working woman is in complicity with a general worldwide exploitation of migrant labour. It is only within the last few years that the Ministry of Manpower has stepped up regulatory measures over employment agencies, contracts, and working conditions and carried out more frequent prosecution of abusive cases including sexual exploitation. The recent legislation of a weekly rest-day for the foreign domestic workers (with effect from January 2014) has however met with some resistance from employers, most of whom are women, who are either unable or unwilling to adjust their routines to allow regular rest days for their maids. This does not speak well of their sense of fairness and regard for the welfare and rights of the foreign workers. Supermum and the Tuition Syndrome: Even for those mothers who have a domestic helper at home, they still need to juggle their work schedules and their children’s daily schooling and extracurricular activities. The tremendous amount of energy and resources spent on bringing up children in a highly competitive educational environment here are phenomenal. The pressure to do well in school is very high in a society where education is the door to a better job and career prospects, and parents spend a tremendous amount of money to pay for additional tuition of their child in the hope of helping them do better in the high-stakes exams. Parents', particularly the mothers’, weekly schedules are tied closely not just with the child’s school activities, but also their tuition and enrichment lessons such as language, maths, science, arts and sports, and whatever is believed to boost the child’s IQ, EQ and chances of getting better grades for getting into top schools. In 2008, parents spent S$820 million on tuition, double the 1998 figure. The value of the tuition industry is likely now to be worth more than S$1 billion annually. Asian parents are well known around the world to put a great deal of emphasis on their children’s scholastic achievements, and in the process they pack the children’s schedules outside of school with additional classes and activities, putting a lot of pressure on the child. They are not alone in this, as “helicopter parenting” is a rather widespread phenomenon among educated, middle-class parents (mothers) outside of Asia also. Singapore is no exception, and yet may be an exception. The exception is that among well-to-do middle-class families, the close supervision of children’s study and activities are often outsourced to tuition centres. These are in evidence all over the island, in residential estates, shopping centres and office buildings. The mother’s job is to ferry the children to and from tuition classes – or the job is given to the maids in their employ. It is a standing local joke that, during examination periods, mothers take medical or annual leave from their work to stay home to supervise children’s revisions. Psychiatrists report an increasing incidence of stress-related illness among mothers, especially during examination times. And it is getting more common to see mothers from affluent families dropping out from the labour force and becoming full-time mothers in order to oversee their children’s studies. After the examination periods, families both rich and not-sorich reward themselves and their children with an overseas holiday. Singapore’s motor traffic congestion varies practically in tandem with the annual school vacation cycle! Given the pressures of the educational system here, one wonders what a feminist mother would have done. Would resistance come about in the form of mothers getting together, doing home-schooling (which is not allowed in Singapore except for very special cases), or forming an educational cooperative, helping each other with coaching children in a more holistic (less competitive) environment, and bringing up a generation of more balanced, less controlled, less indulged children who are more independent, creative and capable of thinking on their own instead of being tutored into exam-smart kids? Would the Government allow the establishment of experimental schools so that we can break out of the present conundrum of the education system cum social pressure taking control over our women’s lives and our children’s lives? Seduction of the Anti-ageing Industry: With ever decreasing fertility and increasing life expectancy, Singapore is one of the most rapidly ageing societies in the world. This is giving rise to an emerging silver industry focused on the elderly’s physical and emotional health, medical care, housing and social recreational needs. Alongside this industry is the anti-ageing industry which encompasses beauty care, aesthetic medicine and various kinds of products and services purported to slow down the ageing process. The anti-ageing promise of the beauty industry is as old as history. But the contemporary anti-ageing industry is targeted at the growing numbers of affluent middle-aged and elderly people. Many can afford to buy such products and services, and the hope that goes with them as embodied in this popular slogan: “Sixty is the new forty; eighty is the new sixty.” Singapore Law Gazette October 2015 35 Feature But the reality of ageing is not as bright. As sociologist and feminist Lillian Rubin wrote, old age is a time of loss, decline and stigma. No one can or should deny that old age is an age of loss, and physical and mental decline. And stigma, in an age where youth is so celebrated. Is anti-ageism a feminist call? We can fight the popular media depictions of old age which are degrading. We can fight ageist employment practices, and the biases and omissions in, for example, the social safety nets that do not do justice to women as a gender. On the personal front, however, I think it is best to age gracefully, accepting oneself as passing through another phase in life, accepting the limitations that this last stage entails, but carrying ourselves with quiet dignity and doing what we can still do to help others. We can and should ask that due dignity and respect be accorded to us in our senior years. Echoes of the Battle Hymn It was feminist Betty Friedan’s pioneering work, The Feminine Mystique (1963), which gave rise to the feminist battle hymn: “The Personal is Political”. It refers to the sexual politics, arising from the inequality of power, which has been historically embedded in the husband-wife relationship and the exclusion of women from the public domain. Gender inequality is not only a problem in intimate, personal relationships, but it is also a social problem. It is not just a social problem, with social consequences, but is also a political problem that calls for policy change and policy solutions. In the daily struggle for personal choice, independence and autonomy, the woman’s voice is echoed and magnified in the larger context of society and politics. The private sphere and the public sphere are intertwined. My family experience has taught me that the feminist struggle is a marathon. Not only are men (Asian men) so embedded in their ancient cultures that they can hardly handle modern women who demand equality in the home, but so are women who find it very hard to change the culture in which they bring up their own sons and daughters. the equals of men, are themselves bound by the same ties as those that bind the males: acquisition, status and power. So there is still some way to go in this feminist marathon. Much has changed for women in Singapore in the last 50 years, but further changes are still needed. Indeed, the transformations continue to take place. As I write this, four new Judicial Commissioners have just been announced – and three are women. Perhaps when a book like this is produced to mark Singapore’s centenary of independence, the 2010s will be seen as yet another epoch in women’s transformation. The goal of this transformation is not just equality. True equality lies beyond statistics and percentages of representation. It lies in a woman’s ability to realise her full potential and be her true self in whatever she endeavours to achieve. The goal, ultimately, is freedom; freedom from the constraints of culture and all the other social forces that now limit the choices an individual can make and the paths he or she can take. ► Aline Wong* * Aline Wong obtained her PhD from UC Berkeley, and was Professor of Sociology at the National University of Singapore. She entered politics in 1984 and served as Minister of State for Health and for Education (1990–2001). She then became Chairman of the Housing and Development Board (2003-2007). She is currently Academic Advisor at the SIM University. Notes 1 Available online at <www.swhf.sg>. 2 Ann Wee with the assistance of Janet Yee, “Older Women: From Colonial Times to Present Day”, Aline K. Wong and Wai Kum Leong (eds.), Singapore Women: Three Decades of Change (Singapore: Times Academic Press, 1993), pp 169-207. 3 Tisa Ng (ed.), Her Story: Celebrating Womanhood (Singapore: DL Publishing, 2005). 4 Judith Lorber, Gender Inequality: Feminist Theories and Politics (Los Angeles: Roxbury, 1998). 5 M. Dieleman et al., “Singapore Board Diversity Report”, Centre for Governance, Institutions and Organisations, NUS Business School, and SCWO Board Agender, 2013. The battle is between individuals and the larger forces of society, including popular culture, the consumer industry (the baby industry insisting still on blue for boys and pink for girls), teen culture norms of femininity and masculinity, religion, underrepresentation of women on boards of companies and politics. An irony of the penetration of western capital and talents into global cities (Singapore being one) is that many of the expatriate bearers of the “ideology” of gender equality act mainly out of political correctness rather than as true believers. But perhaps the greatest irony of it all is that women who have risen through the hierarchy to be among Singapore Law Gazette October 2015 Feature 36 Singapore’s Accession to UN CEDAW Celebrating Equal Opportunities for Women in Singapore 20th Anniversary Introduction Twenty years ago, on 5 October 1995, Singapore acceded to the United Nations Convention on the Elimination of All Forms of Discrimination against Women (“UN CEDAW”). Today, we take pride in how far we have come. We will take you through these achievements, highlighting the progress women in Singapore have made over the years. It is a testament to the effort of various stakeholders working in concert, including individuals, companies and organisations. More importantly, it is an inspiring affirmation of what women can achieve when given access to fair rights and opportunities. It is an ongoing effort that will continue to need support, commitment and co-operation from everyone to build a society where every individual – man or woman – matters. The CEDAW Vision Adopted in 1979 by the UN General Assembly, CEDAW is an international bill of rights for women that defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination. The Convention provides the basis for realising equality between women and men through ensuring women’s equal access to, and equal opportunities in areas such as education, health, employment, etc. Penal Code • Covers criminal offences in Singapore, including violence, exploitation, trafficking and prostitution Children and Young Persons Act • Protects girls and young women against abuse, neglect and exploitation Protection from Harassment Act • Protects against harassment within and outside the workplace Employment of Foreign Manpower Act • Stipulates terms and conditions of employment to protect the welfare of foreign domestic workers Employment Agencies Act • Prevents exploitation of employees, including foreign domestic workers Employment Act • Prohibits dismissal of an employee because of her pregnancy or any other grounds deemed to be unfair There’s So Much to Celebrate Increased Participation in the Economy • Labour force participation rate of females aged 25 to 54 years - 1995: 58.0% - 2013: 77.1% • Employment rate of older females aged 55 to 64 years - 1995: 19.3% - 2013: 50.9% • More women in the civil service - 1995: 51.5% - 2013: 56.9% Enhancing the Status of Women Singapore is committed to the advancement of women as integral and equal members of our society. Gender equality in Singapore is founded on the principle of meritocracy, where equal opportunities are available to men and women. Singapore has put in place key legislation that protects women: Women’s Charter • Safeguards women’s interests in matters relating to marriage and divorce • Protects women against family violence Higher Literacy and Better Education Attainment • Women in university well-represented in subjects traditionally viewed as male domains. Singapore Law Gazette October 2015 37 Feature - Health science graduates: 75.7% - Natural, physical and mathematical graduates: 59.1% • Mean years of schooling for resident females - 1995: 7.2 years - 2013: 10.0 years • Literacy rate of resident females - 1995: 85.8% - 2013: 94.6% • sciences More female university graduates (aged 25 years and over) - 1995: 38.6% - 2013: 48.0% According Gender-neutral Citizenship Rights by Descent • Providing an Opportunity For All to Reach Their Greatest Potential Through Education • Compulsory Education Act passed in 2000 mandates the first six years of primary education, to ensure that all Singaporean children have equal access to quality education. • Quota on intake of female medical students in the National University of Singapore was lifted from academic year 2003. • Vocational training programmes (ranging from engineering to technical courses) are offered to both Singaporean boys and girls at the Institute of Technical Education and polytechnics. Better Health Outcomes • Life expectancy of resident females - 1995: 78.6 years - 2013: 84.6 years • Maternal mortality rate births) - 1995: 0.04 - 2013: 0.03 (per thousand live and still The Singapore Constitution was amended in 2004 to allow overseas-born children to acquire Singapore citizenship by descent from their Singaporean mothers. Children of Singaporean women are hence accorded the same citizenship rights as the children of Singaporean men. More Women in Parliament Engaging Men in Building Equal Partnership in the Family • • Centre for Fathering was set up in 1999 to champion the role of responsible fatherhood in Singapore by inspiring and equipping young fathers to be more involved in the lives of their children. • Association for Devoted and Active Family Men was set up in 2004 to raise awareness of men’s responsibilities and roles in the society – as fathers, husbands and individual members of the family. • FamilyMatters@School for Fathers was launched in 2009 to encourage fathers to be role models to their children and to be more active in their children’s school lives. Women in Parliament - 1995: 4.6% - 2013: 25.3% Good International Rankings • • The UN Human Development Report 2014 ranked Singapore 15th out of 152 countries on the Gender Inequality Index (GII) with a score of 0.090. The GII ranges from 0 (women and men fare equally) to 1 (total inequality). The State of the World’s Mothers Report 2014 ranked Singapore 15th (out of 178 countries) and best place in Asia to be a mother. Combating Trafficking in Persons Ongoing Effort, Lasting Impact New initiatives and policies have been implemented to elevate the status and facilitate the progress of women in Singapore over the years. • The new Prevention of Human Trafficking Act criminalises exploitation in the form of sex, labour and organ trafficking. • Inter-Agency Taskforce on Trafficking in Persons was set up in 2010 to adopt a whole-of-government approach to trafficking in persons. Singapore Law Gazette October 2015 Feature 38 Singapore Law Gazette October 2015 39 Feature Addressing Women’s Specific Healthcare Needs Supporting Women to Achieve Work-Life Harmony • • More funding support for companies to build a more holistic family-friendly workplace environment. • More childcare centres to be built from 2013 - 2017. • • BreastScreen Singapore was launched in 2002 to encourage all women aged 50 years and above to go for a mammography every two years. Subsidised rates and payment through Central Provident Fund’s Medisave accounts are available. CervicalScreen Singapore was introduced in 2004 to encourage women aged 25 years and above to go for pap smears once every three years. A subsidy of up to 60 per cent of the screening cost is available for Singaporeans at all government clinics. Supporting Women in Motherhood • The Marriage and Parenthood (“M&P”) Package was introduced in 2001 and has been enhanced over the years. The 2013 Package aimed to: a. improve access to housing to encourage earlier marriages and births; Women’s Health Advisory Committee was set up in 2012 to equip women with the knowledge and skills to look after their health. b. ease conception and delivery costs; Protecting Women in the Workplace c. • Maternity protection was enhanced in 2013 to prohibit an employer from unfairly dismissing an employee throughout her pregnancy. d. help working couples to balance work and family commitments, and encourage shared parental responsibility (eg new paternity leave). • Protecting foreign domestic workers (“FDWs”) - Employment of Foreign Manpower Act was amended in 2012 to impose harsher penalties on errant employers in breach of work pass conditions. Facilitating Women’s Participation in Power and Decision-making Positions • The Diversity Task Force regarding Women on Boards was formed in 2012 to study and develop recommendations to address the under-representation of women on boards of listed companies. • The Diversity Action Committee was established in 2014 to drive measures to push for higher women representation on boards. It comprises illustrious business leaders and professionals from the private, people and public sectors. - More stringent safety requirements imposed on employers in 2012 to ensure the safety of their FDW employees. Strengthening Measures to Tackle Violence Against Women • Family Violence Dialogue Group, comprising various government agencies, was established in 2001. It is a strategic planning and policy group to facilitate work processes among the agencies providing services for families affected by violence, coordinate public education effort and develop new areas for collaboration on family violence. • National Family Violence Networking System was established in 1996 to provide multiple access points for victims to obtain help. • Public education initiatives are implemented to raise awareness on family violence and encourage helpseeking behaviour. further defray child-raising costs; and ► Office for Women’s Development Ministry of Family and Social Development Singapore Law Gazette October 2015 40 Columns Pro Bono Publico Law Awareness Week 2015 20-26 July 2015 This year’s Law Awareness Week stands as a testament to the spirit of collaboration and to the joint commitment of the five CDCs and the Law Society in promoting access to justice in Singapore. Since the signing of the Memorandum of Understanding between the Law Society and the Mayor’s Committee for the Community Legal Pro Bono Services Network Initiative on 12 September 2014, the partnership between the Law Society and the five CDCs has grown from strength to strength. The launch event hosted by the Central Development Council was held on 22 July 2015 at the Queenstown Community Centre. Guest of Honour Senior Minister of Law and Education Ms Indranee Rajah gave away certificates of appreciation to a number of volunteers/supporters in recognition of their contributions to legal awareness in Singapore. The full list is as follows: Sponsor Portcullis Trust (Singapore) Ltd Supporters 1. 2. 3. 4. National Council of Social Services Legal Aid Bureau Community Mediation Unit Office of the Public Guardian Volunteer Lawyers (LAW Talk) 1. Shone Aye Cheng 2. Patrick Tan 3. Roslina Baba 4. Stephanie Hong 5. Lyn Boxall 6. Josephus Tan 7. Rajan Chettiar 8. Suresh Damodara 9. John Tan 10. June Lim 11. B Rengarajoo 12. Lynn Tok 13. Michael S Chia 14. Hany Soh 15. Elaine Ho 16. Nila Ibrahim 17. Nicolas Tang 18. Jolie Giouw 19. Low Seow Ling 20. Alvin Ong 21. Lionel Tan 22. Khairil Suhairee 23. Chia-Thomas Law Chambers LLC 24. Kwok-Chern Yew Tee Student Volunteers 1. NUS Pro Bono Group 2. SMU Law Outreach Club NUS Coordinator 1. 2. 3. 4. 5. 6. Jessica Mau Lam Mei Shuen Kenji Ong Amelia Chew Ng Jun Chong Tan Luoyi SMU Coordinator 1. 2. 3. 4. 5. Josephine Soh Teo Ting Wei Bernice Goh Amanda Tan Mok Zi Cong Golden Years Coordinator 1. 2. 3. 4. 5. Tan Yu Ming Roi Sandra Lye Lu Jialing Ashlyn Toh Leon Chan Student Volunteers (KTL) 1. 2. 3. 4. Lim Li-min Natalie Lee Jia Juinn Kenji Tan Yong Quan Jeremy Seow Singapore Law Gazette October 2015 41 Columns Pro Bono Publico 7. 5. Kinnari Sahita 6. Ng Guang Yi 7. R. Arvindren 8. Tan Shern Wen Joshua 9. Lim Shi Zheng 10. Lam Mei Shuen 11. Ashley Ang 12. Floyd Gan 13. Nadeeya Salleh An unprecedented 28 talks on a wide variety of legal issues were organised and held at various Community Clubs and other such locations within the community and were attended by over 1100 members of the public: 1. Topics @ Law Awareness Week 2015 Venue Advance Planning Boon Lay Community Club Chong Pang Wellness Club Jurong Spring Community Club Kampong Glam Community Club Katong Community Club Lam Soon Community Club Punggol Meridian RC MPH Senja-Cashew Community Club Silver Ace Senior Activity Centre at Whampoa Sunlove Senior Activity Club Toa Payoh West Community Club Woodlands Community Club Zhenghua Community Club Consumer Protection Law Changi Simei Community Club Tampines Changkat Community Club West Coast Community Club Woodgrove Community Club Yuhua Community Club 3. Criminal Law Choa Chu Kang Community Club Jurong Green Community Club Radin Mas Community Club 4. Employment Law Zhenghua Community Club 5. Family Law Canberra Community Club Radin Mas Community Club 6. Property Law Boon Lay Community Club 2. Protection from Harassment Act (“POHA”) Changi Simei Community Club Woodgrove Community Club Woodlands Community Club This year’s inaugural Law Awareness Week also saw the involvement of NUS and SMU law students who supported the organisation of the talks at the various venues and conducted special befriending and legal awareness outreach to the pioneer generation citizens through the “Golden Years” project. In conjunction with the launch of Law Awareness Week 2015 on 22 July 2015, the Law Society also launched the 2015 edition of the original Know the Law guidebook, revised and expanded to include new areas of the law such as the Protection from Harassment Act. Know the Law Now is available both in hard copy and online at <http://probono. lawsociety.org.sg/Documents/pdf/Know%20the%20 Law%20NOW-FINAL.pdf>. The Law Society and the CDCs are preparing a Community Pro Bono Guide as a reference guide for lawyers and law students on volunteering opportunities in the neighbourhoods where they live, targeted to be published by year end. Finally, the Law Society would like to express its gratitude to the many volunteer lawyers and law students who have given their time and expertise to improve the legal knowledge of the community and to pro bono legal assistance and legal awareness island-wide. What Those Involved Had to Say Student Volunteers “Language barrier, low income and low education level should never deny a person’s access to justice - this is one of my greatest takeaways from volunteering for the Law Awareness Week. As a law student, I’m inspired to apply what I’ve learnt to help those in need, to play a part in building a more inclusive society, and in turn, create more meaning for my legal career”. - Jasmine Toh, SMU JD Year 2 student Singapore Law Gazette October 2015 42 Columns Pro Bono Publico “Awareness of the law is crucial because it protects the vulnerable, and a person should not be disadvantaged just because he does not have the means to have access to justice. The generosity of spirit that is exemplified by lawyers who sacrifice their valuable time to hold legal talks at the CDCs and for the Golden Years Project during the Law Awareness Week truly inspires, and it is heartening to see how lawyers and students stay back after the talks to assist the residents with their problems. I realised that the study of law equips and empowers lawyers with the means to improve the lives of others, and I am encouraged to do so for my legal career in the future”. “The speaker was great at engaging the audience and accommodating to the content scope. Judging from the laughter and amount of discussion generated, I believe the participants benefited much from his sharing”. – Wang Siliang, Manager, ElderCare Services, Service Planning & Development Group, National Council of Social Service ► June Lim Law Awareness Week Sub-committee - Bernice Goh, SMU LLB Year 2 Student Lawyer/Speaker “In my years of practice as a lawyer, I have come across many people who had limited access to legal services or were not aware of their legal rights. This was either due to a lack of awareness or that they simply do not know where to look for assistance. As lawyers, we possess legal knowledge that may benefit the community at large. It would be a pity if this knowledge is not widely shared. Law Awareness Week is a good platform that can bridge the gap between the community and the lawyers. Through the various talks offered, the Law Society of Singapore and its lawyers are able to reach out and share important and useful legal knowledge with the residents, and benefit them and their loved ones”. Mr John Tan from Colin Ng & Partners LLP, with student volunteers at the successful conclusion of his talk on Property Law at Boon Lay Community Club. – Patrick Tan, Fortis Law Corporation Venue Partners “We had a full attendance for the legal talk on 25th July at Sunlove. The residents are grateful of the way the speaker present the topics to them and they also enjoyed themselves throughout the session”. – Bernard Tan, SunLove Senior Activity Centre Hougang “The talks were well received by the participants. For the talks, we had around 50 pax on 22 July 2015 and 30 pax on 25 July 2015. The talk on criminal law was witty and engaging and the participants were attentive. The talk on family law was enlightening and the speaker was able to clear the doubts and questions that the participants raised”. – David Chan, Deputy Constituency Director, Radin Mas Constituency Office Ms Indranee Rajah, SC, Senior Minister of State, Ministry of Law and Ministry of Education giving her opening speech at the launch of Law Awareness Week 2015, at Queenstown Community Club on 22 July 2015. Singapore Law Gazette October 2015 43 Columns Pro Bono Publico Smiles and enthusiasm aplenty at the Launch of Law Awareness Week 2015. Mr Suresh Damodara, Pro Bono Ambassador of the Year, receives his certificate of appreciation from Ms Indranee Rajah, SC, Senior Minister of State, Ministry of Law and Ministry of Education. Participants at SunLove Senior Activity Centre listening to Mr Patrick Tan of Fortis Law Corporation talk about Advance Planning. Mr Rajan Chettiar of Rajan Chettiar LLC, explaining the legal aspects of Family Law to the community at Canberra Community Club. Mr Nicolas Tang of Farallon Law Corporation, giving his talk on the intricacies of Criminal Law to residents at Radin Mas Community Club. The audience in Kampong Glam Community Club were guided on various legal principles behind Advance Planning, during the presentation by Ms Jolie Giouw of Bird & Bird ATMD LLP Singapore Law Gazette October 2015 44 Columns Practice Support Damage and Marks A Primer for Lawyers What is Damage and Marks Evidence? Class Characteristics and Individual Characteristics Damage and marks evidence is commonly encountered in civil and criminal cases involving product liability, vandalism, break-ins, drug trafficking, firearms, suicide and homicide. This extremely diverse evidence type consists of many forensic sub-disciplines: • Class characteristics are general features shared by two or more objects. They are often based on design factors predetermined by the manufacturer. Such characteristics alone are insufficient to define the individual item, but are useful for screening during the first stage of comparison. They can also quickly eliminate the source of the damage, mark or print. • Individual characteristics are singular characteristics that establish the uniqueness of an object. These random marks and accidental imperfections are made by manufacturing processes, to which are superimposed additional, unintended individual characteristics resulting from use, abuse and environmental effects. Individual characteristics allows an item to be traced back to its particular source or origin. 1. Damage evidence comprises examinations of damage on materials which are caused by chemicals, corrosion (oxidation), heat, microbial action, mechanical forces, radiation, weathering and ageing. Damage examinations reveal possible causes, mechanisms and forces acting on the material as well as involvement of a tool, human or natural action. In this paper, we will focus on damage caused by mechanical forces, a subdiscipline which is commonly encountered in both civil and criminal cases. 2. Marks evidence encompasses the examinations of toolmarks, firearms, manufacturing marks, footwear prints and footprints. These examinations can associate the mark or print to the item that made it, or to other marks or prints made serially by the same item. Marks evidence is closely linked to damage created by contact and mechanical forces. For example, the action of a tool on the substrate creates a damage which has characteristic marks (toolmarks). The damage caused by wear and tear on the sole of footwear imparts individuality to the footwear print. Table 1: Class and individual characteristics commonly encountered Examples Characteristics Damage on fabric C Appearance of the fabric, yarns and fibres around the damage Damage on cordage C Appearance of yarns at damaged ends Toolmarks C Size, shape and general use of the tool I Bullets Basis of Damage and Marks Evidence Forensic damage and marks examination is an applied science using validated theories from physical and engineering sciences. It is based on the comparison of class characteristics of the damage, questioned mark or print, and the suspect item, followed by comparison of their individual characteristics, if present. These characteristics often occur as indentations, striations, broken fragments, score marks, deformed material, and cuts and tears. The reproducibility of such evidence facilitates the comparison of test marks with the questioned ones. The conclusion of the examination depends on the quality and quantity of the class and individual characteristics. Indentations, striations, cutting marks C Calibre, number and widths of lands and grooves, direction of twist I Chambering marks, striations Footwear prints C Size, outline, sole patterns Physical fitting C Outline of broken edges I I Scratches, nicks, cuts, gouges, wear pattern Striations, grain, furrows C and I represent Class and Individual characteristics respectively How are Damage and Marks Examined? General Laboratory Procedure The questioned damage or mark is usually compared with test marks made using the suspect firearm, tool or object. Singapore Law Gazette October 2015 45 Columns Practice Support Questioned prints or impressions are made using the suspect shoe, foot or tyre on a suitable substrate or surface. The making of test marks, prints or impressions takes into consideration the following: 1. Type of substrate bearing the mark, 2. Manner in which the suspect item acted on the substrate, 3. Operating surface of the suspect item, 5. Direction in which the suspect item moved, and its angle or orientation relative to the substrate. Class characteristics are often evaluated by macroscopic examinations with the unaided eye or at low magnifications, and may involve both qualitative assessment and measurements. Individual characteristics are often microscopic in nature, and usually require examinations at high magnifications of up to 120x. Range of Conclusions and Criteria Conclusions commonly obtained are: identification, elimination, inconclusive, and unsuitable for comparison. However, intermediate levels of conclusion are possible, using modifiers such as: likely, very likely, unlikely and very unlikely. See Figure 1. These intermediate levels are often used for damage evidence, due to the lack of individual characteristics. ZDVPDGHE\ YHU\OLNHO\ OLNHO\ Inconclusive FRXOGQRWEHGHWHUPLQHG XQOLNHO\ YHU\XQOLNHO\ Elimination Inconclusive findings may result from distortion, deformation or obliteration of microscopic detail in the toolmark. It can also be due to damage, extensive use, abuse, or re-machining (sharpening) of the tool between the times the questioned and test marks were made. Besides these limitations, a comparison may be inconclusive under the following circumstances: 1. Some agreement of individual characteristics, but insufficient for identification. 4. Force applied, Identification Elimination of an object as having made a mark or print results from significant disagreement of discernible class characteristics and/or individual characteristics. ZDVQRWPDGHE\ Figure 1: Conclusion levels for damage & marks Identification (that the item made the mark or print) results from correspondence and concordance of all discernible class and individual characteristics. It implies that the likelihood that another object made the mark is so remote as to be considered a practical impossibility. 2. Neither agreement nor disagreement of individual characteristics due to an absence or insufficiency, or lack of reproducibility. 3. Disagreement of individual insufficient for elimination. characteristics, but A mark or print may be unsuitable for microscopic examination due to obliteration or further damage. What Does Damage and Marks Evidence Reveal? Damage and marks evidence can reveal what happened, and how an event transpired. Such evidence is frequently associated with trace evidence. Cases involving damage evidence may require characterisation of properties of materials and the item, and simulation experiments replicating conditions to produce the damage. Damage analysis is an integral part of vehicular and boat collision reconstructions.1 Skid marks enable calculation of the speed of the vehicle (prior to the skidding). Damage analysis is also useful in cases involving fire and explosions,2 break-ins, wear and tear,3,4 tampering,5 and faulty devices and components. 1. Examination of a glass door hinge provided evidence that the glass shattered due to the faulty hinge separating from the wall. Such evidence is useful for product liability claims. 2. Suspicious fracture damage of several pneumatic tubings in a pharmaceutical manufacturing plant were found to be caused by sudden overpressure, rather than human action.4 3. The damage observed on the elbow and spigot joint of a charged underground gas mains revealed a PUB town gas leak as the cause of multiple gas explosions at a restaurant located on reclaimed land at Marina South.2 Singapore Law Gazette October 2015 46 Columns Practice Support 4. Two cartons strapped with security seals containing luxury watches were found to be empty when the cartons were opened. Forensic examinations revealed that the security seals were intact, but heat-seal joints on the plastic straps had been tampered with.5 Obliterated Serial Numbers on Valuable Items The chassis number of vehicles and serial numbers of firearms or other valuable items are commonly obliterated and re-stamped to prevent tracing of the stolen item. Various physical and chemical techniques can however restore and reveal the original numbers. Damage on Clothing Violent crimes in Singapore are often committed with knives. These weapons can result in stab-cuts, slash-cuts, chop-cuts and other types of damage on clothing. Class characteristics of knives include shape, dimensions and sharpness of the blade. Comparisons of damage on clothing with test cuts made using a suspect knife on control fabrics reveal the cutting mechanism, and whether a knife was capable of causing the questioned damage. Other common causes of damage include tearing, snagging, abrasion, and wear and tear. 2. The holes and fused fabric on the clothing and shoes of a young footballer who collapsed and died suddenly during training at the Jalan Besar Stadium showed evidence of intense localised heating due to the passage of extremely high voltage currents, consistent with a lightning strike.7 Damages on Cords and Straps Characterisation of damage and alterations on cords and straps, aided by an understanding of their physical properties can reveal their cause and the mechanism involved. Factoring in the physical context and conditions, the scientist can provide information of what likely transpired in an incident. 1. Forensic investigation of the sudden snapping of a reverse bungy cord during operation revealed damages consistent with failure and fracture of the bundle of rubber strands in the cord weakened by ageing, tension (stretching) and fatigue.8 2. In Shane Todd’s suspicious death by hanging, experiments on the stretching and relaxation characteristics of the strap which was around the deceased’s neck provided answers for the contentious issues raised during the coroner’s inquiry.9 Many crimes are committed where telltale footwear or barefoot prints and impressions are left behind at the scene as the perpetrator moves around the location. In cases of break-ins and vandalism, prying and cutting tools are used to force entry into premises, break open safes or vandalise property. Common packaging material such as plastic bags and films, adhesive tapes, newspapers and cartons are frequently employed to conceal weapons, wrap and transport body parts, contain drugs and stolen goods etc. Toolmarks Firearms Footwear & Barefoot prints Manufacturing marks 1. In the stabbing of taxi driver Yuen Swee Hong by Wang Wenfeng, the deceased’s body was too badly decomposed to determine the number of stab wounds inflicted. Forensic examination of his shirt revealed 5 small cuts on the chest region consistent with stab-cuts by a knife with a pointed tip.6 Physical fitting Figure 2: Sub-disciplines of marks Singapore Law Gazette October 2015 47 Columns Practice Support Toolmarks Footwear and Barefoot Prints Perpetrators sometimes use tools in a manner different from their intended purpose, eg use a screw-driver for prying instead of tightening a screw. Since a tool is generally harder than the object it works on, the tool often leaves behind toolmarks on the metal, plastic or painted surface, which in turn transfers trace evidence such as metal particles and paint smears to the tool. The synergistic evidential value of trace and marks evidence enhances the overall significance of the physical evidence, and strengthens the conclusion. • In vandalism cases, forensic scientists provide insights on the directionality of the marks, likely tools used and the manner the damage was made. Firearms The identification of a bullet or cartridge case as having been fired by a particular firearm is made possible by microscopic striations and indentations formed on these ammunition components by the hard interior surfaces of the firearm. When a firearm is discharged, forceful impacts and abrasion with the components of the firearm, as well as the firing and extracting mechanisms, create unique microscopic marks on the cartridge case, and striations on the bullet. When footwear or a bare foot comes into contact with a surface, a print or impression may be left on that surface. 2D prints are made on a hard, flat surface by addition or removal of dust, blood or other materials. 3D impressions are made on soil and carpet. Optical and physical techniques or chemical enhancements assist in revealing details in the print or impression. For shoeprint comparison, the forensic scientist first identifies the sole pattern and class characteristics. Shape and dimensions of the sole outline and various elements (eg arrangements of blocks of various geometric shapes, the company logo), including their spatial arrangement, can narrow down the shoe print to a specific sole pattern. The wear pattern, foreign objects adhering to the sole, and other damage on the sole, such as scratches, nicks, cuts, and gouges form the individual characteristics. The questioned print or impression is conclusively associated with a suspected footwear when the individual characteristics are in sufficient agreement with those of the test prints or impressions made by the suspected footwear. 1. Dusty shoeprints on a sheet of A4 paper found on the cargo bed of the truck used to transport over $1.3 million dollars worth of handphones were made by a sandal worn by one of the three assailants involved in the robbery and killing of the driver Wan Cheon Kem.12 1. Tan Chor Jin, nicknamed the One-Eyed Dragon, was found to have discharged six bullets from a pistol that was subsequently thrown into a canal, after the killing of night club owner Lim Hock Soon.10 2. Comparison of impressions shown in photographs of the deceased’s forehead with the shoes recovered from the three accused persons and the deceased indicated that an impression on the deceased’s left forehead was similar to the outsole pattern of the first accused’s track shoes.13 2. Forensic examinations showed that during the 1984 Shenton Way shoot-out, it was not Khor Kok Soon’s firearm that killed the hostage lorry driver, Ong King Hock.11 3. Bloody footprints at the scene provided vital evidence on the relative movements of the three deceased persons, the severely injured victim and the accused Wang Zhijian.14 Singapore Law Gazette October 2015 48 Columns Practice Support originally a single sheet. Fracture of materials such as metal, hard plastic and ceramic, and tearing of adhesive tapes and softer plastics likewise create irregular complementary edges. The physical fitting of these edges is evidence that these items were once a single object. Examples are chipped knife blades, broken vehicle lamp housings, broken glass vase, and torn or cut adhesive tapes and cordages. Manufacturing Marks • In the Liu Hong Mei body parts case, physical fitting conclusively associated small metal fragments found among the body parts to a chopper with a broken cutting edge found in the flat of Leong Siew Chor.20 Conclusion Manufacturing marks are found on mass-produced products such as plastic bags, adhesive tapes, newspapers and even gold ingots. They result from irregularities and minute defects on machinery parts, dies, moulds and tools used to form and finish the product. The comparison of manufacturing marks can determine whether an item originated from the same batch or was made sequentially by the same machine in the manufacturing plant. Manufacturing marks include heatseal marks, striations on plastic bags, indentations on drug blister packs, and defects on printed material. We successfully applied manufacturing marks comparison to plastic medicine bottles15 in 2004; to packaging materials related to drug offences16 in 2009, and more recently to counterfeit drugs17 and medical devices.18 This technique was pivotal in ascertaining the counterfeiting of a renowned brand of contact lenses and its packaging, resulting in the recall of the product from the local market. • In the Huang Na case, vegetable packer Took Leng How tightly wrapped the eight-year-old girl in nine layers of plastic bags which were linked to a plastic bag found in the accused’s workplace. Not only did the free end of a partially used roll of adhesive tape found in the warehouse where Took worked physically fit the last end of the tape used to secure the carton, it also had Took’s fingerprint on the adhesive surface.19 Physical Fitting The physical fitting of torn or cut newspapers with suspected complementary pieces or edges indicates that they were Damage and marks evidence is often encountered in civil and criminal cases involving product liability, vandalism, break-ins, drug trafficking, firearms, suicide and homicide. Forensic examination and comparison of damage, marks and prints can reveal what happened, how an event transpired, possible causes, mechanisms and forces involved, human intervention and interactions or the use of a suspect tool. They facilitate the association of a suspect to an incident or crime, including the actions and movement of an individual at the scene, tools and objects he used and the manner they were used. Interestingly, the same forces that create damage and marks often concomitantly cause the transfer of trace evidence21 between the substrate and the item causing the damage, augmenting the overall evidential value of both types of evidence. The comparison of manufacturing marks on mass produced products enables the forensic scientist to ascertain whether two or more items originated from the same batch, or were made sequentially by the same machine in the manufacturing plant. Such evidence is commonly encountered in packaging material in drug offences, counterfeit products and homicides where newspapers or plastic bags could be used to conceal a weapon or a body. This article underscores, as in our other primers on trace evidence, questioned documents and forensic reconstruction, the importance of recognising and fully harnessing forensic science to seek the truth. What’s Next? A distinct and important area of marks and prints not covered in this present article is that of bloodstain patterns, which are commonly encountered in violent crimes with bloodshed events. Look out for the next article “Bloodstain Pattern Analysis” (“BPA”) in the Forensic Science Series by The Forensic Experts Group. It will feature the science behind Singapore Law Gazette October 2015 49 Columns Practice Support BPA, common types of bloodstain pattern, mechanisms of formation, interpretation and challenges, and local case studies. 6 PP v Wang Wenfeng [2014] SGHC 23; Wang Wenfeng v Public Prosecutor [2012] SGCA 47. 7 “Damages to the shoes and clothings of a lightning strike victim” (2005) Kuah Kim Lian, Michael Tay, 2nd International Forensic Science Symposium, Taiwan. 8 Causes of failure of a bungy cord (2007) Michael Tay, Lim Chin Chin, Su Wanjing, Wong Soon Meng, Chia Poh Ling, AAFS 59th Annual Meeting, San Antonio USA. 9 Coroner’s Inquiry No. 2014/2012 into the death of Shane Truman Todd. State Coroner’s findings; accessible at: <https://archive.org/stream/724829shanetodd/724829-shanetodd_djvu.txt.> 10 PP v Tan Chor Jin [2007] SGHC 77; Tan Chor Jin v Public Prosecutor [2008] 4 SLR 306; [2008] SGCA 32. 11 PP v Khor Kok Soon [2005] SGHC 125; Khor Kok Soon v Public Prosecutor [2005] SGCA 51. 12 PP v Daniel Vijay s/o Katherasan and Others [2008] SGHC 120; and Daniel Vijay s/o Katherasan and others v PP [2010] SGCA 33. 13 PP v Kamal Bin Kupli and Others [2007] 3 SLR 649; [2007] SGHC 98. 14 PP v Wang Zhijian [2012] SGHC 238; [2014] SGCA 58. 15 “Comparison of manufacturing marks on moulded plastic medicine bottles” (2005) Vicky Chow, Lim Chin Chin, Michael Tay, 17th IAFS Triennial Meeting, Hong Kong. 16 “Forensic analysis and comparison of plastic drinking straws” (2012) Vicky Chow, Alaric Koh, Oh Suat Ping, Lim Shing Min, Yew Sok Yee, Lim Chin Chin, 6th EAFS conference. 17 “Detection of Counterfeit Drugs – Singapore’s Approach” (2011) Lim Chin Chin, Yong Yuk Lin, Yang Chiew Yung, APEC Life Science Innovation Forum First Anticounterfeiting Health Products Seminar, Beijing, China. 18 “Forensic investigation of an underground gas main explosion” (2004) Lim Chin Chin, Michael Tay, Chia Poh Ling, 56th Annual Meeting of the American Academy of Forensic Sciences (“AAFS”), USA, Proceedings Vol 10, Abstract No. C44. Counterfeit contact lenses; available at: <https://sg.news.yahoo.com/blogs/ singaporescene/hsa-warns-counterfeit-contact-lenses-061154538.html>. 19 Causes of damages to leather products” (2002) Lim Chin Chin, Michael Tay, International Association of Forensic Sciences (“IAFS”) 16th Triennial Meeting, Montpellier, France. PP v Took Leng How [2005] 4 SLR 472; [2005] SGHC 154; and Took Leng How v PP [2006] 2 SLR 70; [2006] SGCA 3. See also “A mango bait, a missing girl and a murder” (2007), Lim Chin Chin , Chia Poh Ling, Vicky Chow, Kee Koh Kheng, Kuah Kim Lian, Kuan Soo Yan, Lim Thiam Bon, Michael Tay, AAFS 59th Annual Meeting, USA, abstract no. B81. 20 PP v Leong Siew Chor [2006] 3 SLR 290; [2006] SGHC 81; and Leong Siew Chor v PP [2006] SGCA 38. 4 “Damages on flexible compressed air tubings in a pharmaceutical plant” (2005) Wong Soon Meng, Lim Chin Chin, Michael Tay, IAFS 17th Triennial Meeting, Hong Kong. 21 The Forensic Experts Group, “Trace Evidence – A primer for lawyers”, Singapore Law Gazette (2015, July issue). 5 “Characteristics of tampered joints in plastic strapping” (2005) Su Wanjing, Michael Tay, IAFS 17th Triennial Meeting, Hong Kong. ► The Forensic Experts Group E-mail: [email protected] The Forensic Experts Group (“TFEG”) is Singapore’s first one-stop private and independent provider of forensic consultancy, analysis, research, training and education for legal and law enforcement agencies, forensic and tertiary institutions, and private organisations. It comprises a team of accomplished forensic scientists, who are combining more than 70 years of specialised knowledge, unique experience and skillsets to deliver high quality forensic services both locally and overseas. While heading the Criminalistics Laboratory (Forensic Chemistry & Physics Laboratory) at the Health Sciences Authority from the mid-1990s till 2013, TFEG’s senior consultants developed forensic examinations of damage on clothing, and new sub-disciplines such as manufacturing marks, newspapers and plastic bags. They successfully applied this expertise to many local cases. www.forensicexperts.com.sg References 1 2 3 “Value of paint transfer and damage examinations in the forensic investigation of boat collisions” (2009) Michael Tay, Lim Chin Chin, Lim Thiam Bon, Vicky Chow, Kee Koh Kheng, 5th European Academy of Forensic Science Conference (“EAFS”) Conference, Glasgow, UK. Singapore Law Gazette October 2015 50 Lifestyle Bookshelf Our Lives to Live: Putting a Woman’s Face to Change in Singapore Edited by Kanwaljit Soin and Margaret Thomas To celebrate Singapore’s journey from third to first world in 50 years, World Scientific is publishing an ambitious 25 volumes series on the Singapore experience. Our Lives to Live is one such volume and presents a different narrative, a women’s narrative, to our nation building odyssey. With the aim of presenting a “potpourri of perspectives about women’s roles, choices and voices”, the distinguished Soin and Thomas wore their editorial mantle lightly; allowing 33 contributors (including the editors) free rein to share their experiences, their passions and their hopes for Singapore in the next 50 years. Initially, the differences in style, tone and depth through the 32 chapters caused dissonance. Upon accepting the editors’ vision for a diversity of authentic voices, instead of the cacophony, one hears intelligent discourses and personal stories. The first and penultimate chapters starkly demonstrate the distinctive voices of the contributors. Aline Wong’s thought provoking essay, Fifty Years of Change and Struggle for Equality, launches the book and traced feminism and women’s advancement in our city state over 50 years. She proclaimed that feminism is “no longer on the minds or the lips of the current generation of women” in modern affluent Singapore. She, however, questioned if women in Singapore are emancipated in light of globalisation and work place demands on women; underrepresentation of women in boardrooms; conspicuous consumption; dependence on FDWs (foreign domestic workers); the high pressure education system; and anti-ageism. Wong ended with a reminder that the feminist struggle is a marathon and the ultimate goal is freedom from cultural and other social constraints that limit individual choices. Two Sex Workers Speak by Vanessa Ho directs us to our binary perceptions of sex workers, “the unwilling sex slave or the nymphomaniacal slut-criminal”. Ho then draws back the curtains and has two sex workers Diana and Alice speak of their lives, their regrets and their hopes, colloquialism intact. • In A Home-schooling in Financial Fitness, Audrey Chin recalls the financial stories of women in her household (including the washer woman, the cook and the mui tsai) and posits that we acquire financial attitudes and habits from mother’s milk. • Drawing on her experience as a veteran educator, Carmee Lim (Preparing our Children for the Future) proposes the critical skills and mind set changes that our education system needs to equip our students for the future. • Chan Heng Chee (My Life to Live) urged women to fight against the fear and lack of ambition after laying open her journey from being an honorary boy to leading a life “like a man’s” (as foretold by a fortune teller), as one of the five female women ambassadors at post. • Choo Wai Hong’s courage and equanimity shines through in My Choices. She chose to let her life unfold – from journalist to lawyer to free spirit traveling the length and breadth of China. Aside from not dictating on style, the editors had let a 100 flowers bloom, having their eloquent and passionate contributors write on a myriad of topics. • Angelique Chan (Women and an Age-Friendly Singapore) expresses her hope for Singapore to become an inclusive age-friendly city. Singapore Law Gazette October 2015 51 Lifestyle Bookshelf • In The Coming Out of the Political Singaporean, Constance Singam gave kudos to women in Singapore for nourishing democracy. She traced the formation of various organisations spearheaded by women, including the Family Planning Association; the Singapore Council of Women, AWARE, WINGS (Women’s Initiative for Successful Aging), and TWC2 (Transient Workers Count Too). She also generously shines the light on a new generation of activists. • Geh Min, Jennifer Schoon, Pat Chan and Violet Oon share their respective passions, environmental conversation and protection (Nurturing Nature), fashion (Singapore Style), sports (The Power of Sport) and cooking (A Woman’s (Man’s) Place is in the Kitchen). • • Halimah Yacob presented statistics on female representation in parliament and discusses the challenges to maintaining (if possible, increase) such representation. In The Woeful Wombs of Singapore, Soin and Thomas spoke as the nation’s uteri of the state’s incursions into the private matter of procreation. The uteri assert that the societal mind set must change to persuade them to start producing again: equal responsibility of both parents; supportive workplace policies and practices; and change to the high-stress schooling system. • Koh Tai Ann in The Gifted Who Discern and Say it for Us, paid tribute to women writers by introducing their works in the context of the cultural development of Singapore. • Lai Ah Eng and Teo You Yenn discuss parenting (Mothering and Parenting – The Superwoman Myth) and childbearing (Childbearing in Singapore – Do We have Real Choices?). They echo Wong’s concerns about our reliance on FDWs and high stakes education. They also point to work-life balance and co-parenting and gender equalities within the family. According to Teo, our reliance on FDWs leads to gendering and devaluing of domestic and care work and FDWs, as a “private” solution, is not open to low-income families. Teo asks for public spending to be applied to high quality and universally accessible childcare. • Women in Labour and Women in the Singapore Economy – The Inequalities Continue by Evelyn Wong and Linda Lim focus on women’s contribution to the work place. Wong contrasts the increase in women’s participation in the workforce over the years against the fact that women are still leaving the workforce because of domestic demands. She underscores as concerns, the lack of childcare support and familyfriendly workplaces. Lim provides a detailed study on the continued gendered occupational and sectoral segregation of employment in Singapore which is reflected in income inequalities. To sustain economic prosperity in labour and talent short Singapore, she argues that it is imperative that resident women’s underrepresentation in senior and board levels in corporates and top levels in Government (parliamentarians and permanent secretaries) be corrected. • Whilst Malathi Das spotlights the Women’s Charter in Singapore’s Women’s Charter: Revolution or Evolution, Kokila Annamalai takes a broader approach and examines legislative changes and NGO and activist actions in Violence against Women – From Shadows to Sanctuaries. • Noeleen Heyzer urged that we foster women’s leadership for social transformation in the next 50 years. She invites young women to continue the journey to a world in which inequality is absent. The editors had largely been successful in displaying “a cross-section of the rich diversity that is Singapore” from a woman’s perspective; the unmistakably prevalent voice of Our Lives is that of the English speaking middle-class women. We hear in Domestic Labour in Singapore – the Long Road, by Siti Nadzirah Samsudin and Braema Mathi, of the plight of FDWs and the need to bring FDWs under the purview of the Employment Act. But, we do not hear from any of the 200,000 FDWs. Phyllis Ghim-Lian Chew described in three succinct paragraphs in Women of Faith and Advocacy, the AWARE saga and perceived “homosexual leanings” of AWARE and Penguin–gate. But, we do not hear from the LGBT community on issues that concern them. Neither do we hear faith-based discourses on gender equality. We see vividly Madeleine Lee’s cardboard woman at Amoy Street in Sing Women! But we do not hear her. An engaging read. ► Nicole Tan Tan Kok Quan Partnership Our Lives to Live is available at Books Kinokuniya, MPH, Popular and Times at $63.15 (hardcover) and $25.70 (paperback). It is also available from the publisher at http://www.worldscientific.com/worldscibooks/10.1142/9439 at a slightly lower price. Singapore Law Gazette October 2015 52 Lifestyle Stepping Out Review: The Dress Access Introduction When one has a formal event to attend, the usual two sartorial choices are to recycle something from one’s wardrobe or to run around Orchard Road frantically trying to find something new. The former option runs into the classic “closet full of clothes but nothing to wear” conundrum. Tell me about it! As for the latter, it inevitably leads to something that costs more than it should and ends up being worn only once or twice. A case of buyers’ remorse might actually perpetuate the predicament presented in the first option. In co-founding The Dress Access, former legal practitioner Joslynn Poh might have a better option for us. What if for the price of a department store frock, you could attend that soiree in a designer gown by Alice Temperley, Issa or Marchesa? Sounds like a plan! The dresses that are available are suitable for various (instagram worthy) occasions whether it is the red carpet, friend’s wedding, firm’s annual event or even the upcoming Law Society dinner and dance! The Dresses The dresses available are from established designers such as the frothy and decadent label Marchesa (a favourite designer of Oscar winners Sandra Bullock, Hilary Swank, Halle Berry) and opulent Emanuel Ungaro. If you are attending a wedding, there are dresses by Catherine Deane as well as Filipino designer Monique Lhullier who are both famous for their bridal wear. The Dress Access also stocks dresses from up-and-coming contemporary designers such as Michelle Mason (fresh and sleek look inspired by modern shapes and classic attire) and Theysken’s Theory (for the cool downtown types). Other designers available include Issa (favourite of the Middleton sisters) and whimsical Australian designer Alice McCall. If you are looking for classic designs with a twist, there are dresses by Halston Heritage. As for length, all dresses are a standard length, ie to suit a standard height of 165cm + 8cm shoe height. No alterations are allowed; however, some of the dresses may be hemmed using temporary tape. Although the majority are floor-length, the selection includes cocktail-length dresses as well. The range of colours include, inter alia, blue, black, red, silver, teal and yellow. For the litigators who can’t get enough of black and white, there is even a Carmen Marc Valvo peplum dress that you may wish to consider. The Catherine Deane dress that Debby selected The Mechanics The Dress Access offers private fitting by appointment. This is available both as individual and group (so you can rent with your girlfriends!) fitting sessions at Newton/Novena. If you are interested, do e-mail [email protected] to arrange a suitable time/date. This is convenient really. Do log onto http://thedressaccess. com and browse by week of event, size, occasion and colour. Once you have made your selection, add the dress to your shopping bag and check out. The dress will be delivered to you two days before the date of your event. They will pick up the dress from you one day after your event at a suitable timing. The hire price ranges from S$70 to S$270 depending on the dress you select and the cost of dry cleaning is already included in the rental fees. I offered to do a review because the whole concept piqued my curiosity. My event was a friend’s wedding where the theme was blue and gold. For that, I picked a Catherine Singapore Law Gazette October 2015 53 Lifestyle Stepping Out Deane dress. What I liked best was the impeccable service. Joslynn was extremely helpful and she drove down to my place to deliver the dress at short notice. For the busy folks who typically resort to their trusty black dresses, no excuses now since this is all sorted with the click of a button! Conclusion Currently, there aren’t that many companies offering designer dress rental in the Singapore market. There previously was Dress Sense at Raffles City but that has since folded. Do read the terms and conditions. Each dress undergoes a stringent check process before it is delivered to the customer. The dress will be similarly checked again for any sign of damage upon return. Any stains that can be removed through dry cleaning or reasonable wear and tear (to be determined at The Dress Access’ sole discretion) will not be charged. However, the cost of any damage that requires extensive repair will be borne by the customer. Remember, legally trained folks, the law of bailment applies! Once the dress is in your hands, the dress is your responsibility and any loss of the dress during this period will incur 150 per cent of the retail price of the dress (as stated on their website) as well as the hire price. Currently, the Dress Access is not offering the dresses for sale or re-sale. So if you like the dress you have rented a lot, unfortunately you are unable to keep it. When you wish to put your best fashion foot forward at a wedding or fancy event, this is certainly worth considering. To conclude, The Dress Access offers evening gowns at a fraction of their original price. This is delivered with modern energy and personalised services. ► Debby Lim Shook Lin & Bok LLP The Dress Access (thedressaccess.com) is offering members a 20% discount till 31 December 2015. Simply use the code “LAWSOC20” at checkout. Singapore Law Gazette October 2015 54 Notices Professional Moves New Law Practices Ms Linda Phua Mui Lu (formerly of Ang & Partners) has commenced practice under the name and style of Linda Phua Law Practice on 7 September 2015 at the following address and contact numbers: 65B Pagoda Street Singapore 059224 Tel: 6534 7388 Fax: 6534 8911 E-mail: [email protected] Website: www.lindaphualaw.com Mr Haresh Kamdar (formerly of KhattarWong LLP) has commenced practice under the name and style of Kamdar Law Chambers on 12 September 2015 at the following address and contact numbers: 101 Upper Cross Street #07-02 People’s Park Centre Singapore 058357 Tel: 9237 7707 E-mail: [email protected] Ms Remya Aravamuthan (formerly of R Kalamohan Law LLC) has commenced practice under the name and style of Remya. A Law Practice on 17 September 2015 at the following address and contact numbers: 101A Upper Cross Street #09-15 People’s Park Centre Singapore 058358 Tel: 6532 2001 Fax: 6532 2001 E-mail: [email protected] Ms Suseela S Pillay (formerly of APAC Law Corporation) has commenced practice under the name and style of Astute Legal LLC on 17 September 2015 at the following address and contact numbers: 60 Paya Lebar Road #06-25 Paya Lebar Square Singapore 409051 Tel: 6385 2723 Fax: 6385 2737 E-mail: [email protected] Website: www.astutelegal.com.sg Mr Azmul Haque (formerly of Olswang Asia LLP) has commenced practice under the name and style of Collyer Law LLC on 1 October 2015 at the following address and contact numbers: 16 Collyer Quay Level 18 Singapore 049318 Tel: 6818 9102 Fax: 6818 9602 E-mail: [email protected] Dissolution of Law Practices The law practice of Ng Chong & Hue LLC dissolved on 31 August 2015. Change of Name of Law Practices The firm name of Stuart Ong & Associates LLC has been changed to Stuart & Bal LLC with effect from 1 September 2015 and is operating at the following address and contact numbers: 77 High Street #04-10 High Street Plaza Singapore 179433 Tel: 6635 7917 Fax: 6722 8601 E-mail: [email protected] Conversion of Law Practices Outstanding matters of the former law practice of Ng Chong & Hue LLC have, with effect from 1 September 2015, been taken over by: Grace M & Associates has converted to a law corporation, Grace Law LLC, on 16 August 2015 and is operating at the following address and contact numbers: Lee & Lee 50 Raffles Place #06-00 Singapore Land Tower Singapore 048623 Tel: 6220 0666 Fax: 6224 8505 E-mail: [email protected] Website: www.leenlee.com.sg 229 Mountbatten Road #02-30 Mountbatten Square Singapore 398007 Tel: 6220 6364 Fax: 6220 4364 E-mail: [email protected] Website: www.gracem.com.sg Mr Ng Soon Kai (formerly of Ng Chong & Hue LLC) has joined Lee & Lee as Partner from 1 September 2015. The law practice of Chow Peng & Partners dissolved on 31 August 2015. Outstanding matters of the former law practice of Chow Peng & Partners have, with effect from 1 September 2015, been taken over by: CTLC Law Corporation 3 Raffles Place #06-01 Bharat Building Singapore 048617 Tel: 6336 8989 Fax: 6323 7678 E-mail: [email protected] Singapore Law Gazette October 2015 Ms Grace Malathy d/o Ponnusamy (formerly of Grace M & Associates) is the sole Director of Grace Law LLC. Arlene Tan has converted to a law corporation, Arlene Tan LLC, on 1 September 2015 and is operating at the following address and contact numbers: 105 Cecil Street #12-04 The Octagon Singapore 069534 Tel: 6337 6191 Fax: 6337 5131 E-mail: [email protected] Ms Arlene Anne Oei (formerly of Arlene Tan) is the sole Director of Arlene Tan LLC. 55 Notices Professional Moves Group Law Practice DGS Group Law Practice was established on 1 September 2015. Members of DGS Group Law Practice are: Dominion LLC, Gopal Perumal & Co and Shenton Law Practice LLP. Thangavelu LLC has withdrawn from Advocates Legal Chambers Group Law Practice with effect from 19 August 2015. Change of Law Practices’ Addresses Abraham LLC 19 Keppel Road #09-06 Jit Poh Building Singapore 089058 Tel: 6513 2382 Fax: 6323 0291 E-mail: [email protected] Website: www.abraham.sg (wef 1 September 2015) Benedict Chan & Company 14 Fort Road Singapore 439075 Tel: 6220 6088 Fax: 6220 6087 (wef 15 October 2015) Chia Ngee Thuang & Co No. 24 Peck Seah Street #02-06 Nehsons Building Singapore 079314 Tel: 6225 9983 Fax: 6223 7856 (wef 1 October 2015) Chia Wong LLP 6 Temasek Boulevard #38-02 Suntec Tower 4 Singapore 038986 Tel: 6342 0002 Fax: 6348 0002 E-mail: [email protected] Website: www.chiawongllp.com (wef 14 September 2015) Chingco Law Corporation 200 Jalan Sultan #03-17C Textile Centre Singapore 199018 Tel: 6734 7133 Fax: 6734 7243 E-mail: [email protected] (wef 28 September 2015) Deepak Raja & Associates 50 Armenian Street #04-03 Wilmer Place Singapore 179938 Tel: 6337 5735 Fax: 6337 5739 E-mail: [email protected] Website: www.dpklegal.com (wef 25 August 2015) Glen Koh 14 Robinson Road #13-00 Singapore 045545 Tel: 6632 3767 Fax: 6622 5999 E-mail: [email protected] Website: www.glenkoh.com (wef 1 October 2015) L G Robert 8 Boon Lay Way #04-15 TradeHub 21 Singapore 609964 Tel: 6222 5283 Fax: 6222 5287 E-mail: [email protected] Website: www.lgrlaw.com.sg (wef 2 October 2015) Branch Office 133 New Bridge Road #13-10 Chinatown Point Singapore 059413 (wef 17 September 2015) Satwant & Associates Branch Office (Conveyancing) Blk 186 Toa Payoh Central #02-420 Singapore 310186 S Y Wong Law Chambers 101 Upper Cross Street #05-29 People’s Park Centre Singapore 058357 Tel: 9647 1200 Fax: 6536 1967 Via Law Corporation 152 Beach Road #10-08 Gateway East Singapore 189721 Tel: 6299 0212 Fax: 6291 5449 E-mail: [email protected] (wef 5 October 2015) Xavier & Associates LLC 1 Maritime Square #09-57B HarbourFront Centre Singapore 099253 Tel: 6521 4550 Fax: 6521 4535 E-mail: [email protected] Website: www.xavierlegal.com (wef 1 October 2015) Change of E-mail Address Prasanna Devi LLC Main Office 7 Race Course Lane Level 3 Singapore 218734 Tel: 6535 0959 Fax: 6535 0923 E-mail: [email protected] Singapore Law Gazette October 2015 Chan Kam Foo & Associates LLC E-mail: [email protected] (wef 25 August 2015) 56 Notices Information on Wills Information on Wills Name of Deceased (Sex) NRIC Date of Death Last Known Address Solicitors/Contact Person Reference Tong Kim Tho Thomas (M) S1741733I 15 December 2014 Blk 299 Yishun Street 20 #13-33 Singapore 760299 W S Goh & Co 6438 6298 GWS.jn.2015.09. TKT(est) Tong Siang Eng (M) S0568215J 10 June 2015 Blk 41 Bedok South Road #09-723 Singapore 460041 W S Goh & Co 6438 6298 GWS.jn.2015.09. TSE(est) Bangar Stella (F) S0081738D 5 May 2015 Blk 913 Jurong West Street 91 #13-230 Singapore 640913 RHTLaw Taylor Wessing LLP 6381 6868 NR/ABC/ LZK/2150006968 Long Doris Nee Angela Doris Cordeiro (F) S0276475Z 28 September 2015 68 Namly Garden Singapore 267396 GSM Law LLP 6969 7667 20152909-334 Kwa Hock Seng (M) S0824509F 28 June 2015 Blk 957 Hougang Street 91 #03-274 Singapore 530957 APL Law Corporation 6225 4589 AG.APL.149.15.PRO Lim Teck See (M) S1026840J 13 August 2015 Blk 60 Commonwealth Drive #01-167 Singapore 140060 ComLaw LLC 6538 1221 FN.2015.210071.11 Phang Chat Moy (F) S1186049D 13 August 2015 Blk 611 Bukit Panjang Ring Road #11-878 Singapore 670611 Jayne Wong Advocates & Solicitors 6466 9221 JW/ll/81912/LA Seah Luen Chiow (F) S0135172I 29 August 2015 Blk 17 Toh Yi Drive #03-93 Singapore 590017 Jayne Wong Advocates & Solicitors 6466 9221 JW/ll/81910/LA Lim Meng Keong Edwin (M) S1534411C 10 August 2015 33 Serangoon Terrace Singapore 535777 Tito Isaac & Co LLP 6533 0288 TIC.JC.L9926.2015.sl Mok Hwee Seng (M) S0041886B 23 July 2015 Blk 450D Tampines Street 42 #08-412 Singapore 524450 Goodwins Law Corporation 6464 9449 KL/EK/20159300/TSK Chua Keng Yong (M) S0259457I 4 June 2015 Blk 195 Kim Keat Avenue #10-388 Singapore 310195 Ramdas & Wong 6324 9111 SCK/kc/ IL.ESTATE.614 Pang Tow Keng (M) S0713304I 10 July 2015 15 Toh Tuck Terrace Singapore 596646 Tan Leroy & Chandra 6429 0788 LST/P/7260/2015/c Law practices are encouraged to submit their Information on Wills requests via the online form available at our website www.lawsociety.org.sg > For Members > eForms > Information on Wills. Using the online form ensures that requests are processed quicker and details published with accuracy. Singapore Law Gazette October 2015 Appointments 57 In-House Private Practice SENIOR BANKING ASSOCIATE Singapore 5+ PQE HEAD OF LEGAL (HEALTHCARE) Singapore 7-15 PQE Global firm is seeking a senior Singapore qualified banking associate to join its Tier 1 team for general banking and finance matters. This individual will need to be sufficiently able to run their own deals and supervise more junior lawyers in the team. (SLG 12582) A leading regional healthcare service provider is looking for a legal counsel to manage its legal affairs based in Singapore. The ideal candidate should have at least 7 years PQE with experience in M&A and capital markets transactional work, and they are open to consider lawyers in private practice or in-house. (SLG 12485) REGULATORY FINANCIAL SERVICES/DERIVATIVES ASSOCIATE ANTI-TRUST COUNSEL (PRIVATE EQUITY) Singapore 4-6 PQE A leading international law firm requires a financial services /regulatory lawyer ideally with a strong foundation in derivatives related work. This firm is a market leader in its field and offers a mid-level lawyer a fantastic platform for their career to progress. (SLG 12746) JUNIOR TMT/IP ASSOCIATE Singapore 2-4 PQE A leading international law firm is looking for a junior associate to join its TMT/IP team. The firm is equally open to lawyers from an IT or IP background provided that they have good firm experience and are willing to take on a broad mix of work. (SLG 12558) JUNIOR M&A ASSOCIATE Singapore 1-2 PQE A top-tier US law firm is seeking a junior M&A lawyer to join its regional team in Singapore. Only candidates with a first rate academic background who have been trained in either magic circle or top tier law firms will be considered for this role. (SLG 12629) KNOWLEDGE MANAGEMENT/ PROFESSIONAL SUPPORT LAWYER Singapore Global offshore law firm is looking for a PSL/KM specialist to join its new office in Singapore. The lawyer will assist in a broad range of professional legal support work including legal research, business development and some corporate secretarial/administrative support. Due to the nature of the business, the successful candidate must be fluent in English and Mandarin, being able to review and draft in Chinese. (SLG 12776) PARALEGAL Singapore This international law firm seeks an able paralegal to cover a number of practice areas including contentious and non-contentious matters. Candidates must be educated to degree level and ideally have existing experience as a paralegal in an international law firm. This role offers broad experience in a dynamic firm. (SLG 12149) Singapore 6-13 PQE Major investment company is looking for a lawyer to advice on anti-trust matters relating to its global investments. The ideal candidate should be qualified in a commonwealth law jurisdiction with at least 6 years PQE and with strong experience advising companies on merger control regimes globally or in the region. (SLG 12332) REGIONAL COUNSEL (INSURANCE) Singapore 4-8 PQE Global insurance corporation seeks a legal counsel to advise the business on all legal matters across the Asia-Pacific region, including negotiating on all commercial contracts, providing support on any M&A activities, and advising on any litigation or regulatory matters. The ideal candidate should have at least 4 years of corporate legal experience, ideally with an understanding of the insurance industry. (SLG 12587) TRUST MANAGER Singapore 4-8 PQE Regional leading trust group seeks a trust manager to join their expanding practice based in Singapore. The manager will be the primary contact to clients and assist with the structuring and administration of trust documentation, and assist in the managing of a team of junior officers. The ideal candidate should come with a legal or accounting background, and a good understanding of trust laws. (SLG 12698) REGIONAL COUNSEL (PROJECT/CONSTRUCTION) Singapore 5-7 PQE Major international property company is looking for a mid-level lawyer to join their team in Singapore. The ideal candidate should have at least 5 years PQE with experience in either advising on real estate construction related issues or drafting construction contracts, or construction related dispute matters. (SLG 12710) LEGAL COUNSEL (BANKING) Singapore 2-5 PQE Our client, a leading financial institution is looking for a Singapore qualified lawyer to provide legal support to the wholesale banking business across Asia Pacific. Candidate should have at least 3 years’ PQE in general banking and/or financial services regulatory background. (SLG 12690) These are a small selection of our current vacancies. If you require further details or wish to have a confidential discussion about your career, market trends, or would like salary information then please contact one of our consultants in Singapore (EA Licence: 07C5776): Lucy Twomey or Jean Teh on +65 6557 4163. To email your details in confidence then please contact us on [email protected]. Hong Kong Singapore Beijing Shanghai (852) 2920 9100 [email protected] (65) 6557 4163 [email protected] (86) 10 6567 8728 [email protected] (86) 21 6372 1058 [email protected] Appointments 58 7+ PQE 7 PQE and below Senior Legal Counsel (10+ PQE), Singapore Exciting opportunity for a senior lawyer to join a healthcare group which not only provides medical services but also has a strong R&D arm. Reporting to the General Counsel, responsibilities entail providing strategic legal advice to senior management as well as managing the group's legal risks across its various activities. The ideal candidate will have substantial experience with contracts and tenders and also have dealt with IP issues. This is a chance to start a rewarding career with a well-established group at the forefront of medical developments in the region. [S39451] Legal & Compliance Counsel Apac (5-7 PQE), Singapore International healthcare company seeks a mid-level lawyer to advise on legal and compliance issues in the region in a one year contract role. Responsibilities include drafting, reviewing and negotiating distributor and sale & purchase agreements, advising on disputes & claims and advising on pharmaceutical and medical device industry issues such as product registration and promotional & advertising practices. In-house experience preferred. [S39719] In-House Counsel (4+ PQE), Singapore Legal Director (10+ PQE), Singapore Our client in the semi-conductor industry is looking to hire a lawyer to handle a wide spectrum of corporate commercial matters which include key commercial sales contracts, joint development agreements, loan agreements, reporting, disclosure and filing requirements as well as be involved in key major transactions that the company embarks on from time to time. You should enjoy working independently, but collaboratively, in a collegial team environment within a fast-paced and dynamic technology company. [S39720] Regional MNC seeks a junior to mid-level counsel to join their legal team. The job scope encompasses handling commercial agreements and providing legal support to the business and operational functions. Previous exposure to the IT/ ICT/ Telco industry will be an advantage. The ideal candidate should have strong general corporate commercial experience, be commercially savvy and have strong contracts negotiation experience. The successful candidate can look forward to a stable, supportive environment and a collegiate team. [S39712] In-House Legal Counsel (8+ PQE), Singapore Legal Officer (3+ PQE), Singapore Our client a leader in the resource development industry seeks a highly motivated and effective lawyer to join them. The position requires an in depth knowledge of intellectual property law as duties include managing an active docket of worldwide intellectual property registration, prosecution, infringement and enforcement matters for the Group, developing and managing all aspects of proceedings and litigation, drafting and/or supervising preparation of arguments/documents relating to opposition and cancellation proceedings, litigation, UDRP domain name disputes, reviewing marketing, advertising and communications materials, advising on social media issues and negotiating and drafting sponsorship, promotion, licensing, confidentiality, advertising and public relations contracts. The successful candidate should have at least 8 years relevant legal experience and be admitted to at least 1 Commonwealth jurisdiction. [S39714] Reinsurance group serving clients in the fast-growing Pan-Asian region offers an exciting standalone opportunity for a motivated and commercial-minded legal counsel. You will provide support for key business functions extending to human resource, information technology, corporate communications, finance and accounts, treasury, investment as well as legal support for corporate aspects of underwriting, risk management and claims. Corporate commercial experience gained both in a law firm as well as in-house, is highly desirable. Candidates with experience in the financial services industry will be looked upon favourably. [S39716] Senior Corporate Counsel Bangalore/Delhi, India (15-20 PQE), Leading MNC seeks a Senior Corporate Counsel to support all legal and compliance matters related to the organization's wholesale business in India. The role entails providing strategic direction on business models and regulatory requirements. The ideal candidate will have a strong reputation as a successful advisor to clients on wholesale matters, ideally both as an in house counsel of a large wholesale company and/or as outside counsel advising large companies on B2B transactions. Excellent negotiation and communication skills, and the gravitas/confidence to be a respected leader amongst the Indian Senior Wholesale Operations Management team a must have. Competitive remuneration package on offer. [S39707] In House Attorney (7+ PQE), Bangalore/Delhi, India US MNC seeks a mid-senior level lawyer to advise on a range of matters from marketing programs, promotions, advertisements, standard commercial contracts to complex, high value transactions, cutting-edge business initiatives and compliance related issues. Experience working in a consumer-product, manufacturing or retail business and competence in a broad range of corporate and business laws, import & export regulations, legal metrology and food laws and statutory compliance including Shops and Establishment Act, etc preferred. [S39708] Legal Counsel (3-5 PQE), Singapore US MNC, an industry leader in the IT and e-commerce services sector, is looking to recruit a junior to mid-level lawyer on an immediate basis to support its robust growth in the region. Responsibilities include advising on legal issues arising out of daily operations as well as taking an active role in vendor/customer negotiations. Strong commercial acumen, proactive approach, excellent interpersonal and communication skills highly preferred. [S39340] Legal & Compliance Singapore Manager (4+ PQE), Global pharmaceutical company seeks a mid-level lawyer to join their team. Duties include assisting with all legal issues, ensuring compliance policies are implemented & maintained and conducting compliance trainings. The ideal candidate should be a confident self-starter with strong communication, analytical, organizational and leadership skills. Healthcare compliance experience is a plus. Some regional travel is anticipated. [S39443] Contract Management Manager (5+ PQE), Singapore Leading provider of IT and consulting services seeks a contracts manager to oversee the administration of government, international and commercial contracts and subcontracts in accordance with company policies and procedures. Duties also include generating reports required to monitor contract compliance, ensuring contract compliance is maintained and providing negotiation support as required. The ideal candidate should have a degree in law. [S39454] In-House Roles - singapore US Securities Legal & compliance counsel džĐĞůůĞŶƚŽƉƉŽƌƚƵŶŝƚLJĨŽƌĂŵŝĚͲůĞǀĞůůĂǁLJĞƌǁŝƚŚĞdžƉĞƌŝĞŶĐĞĂĚǀŝƐŝŶŐŽŶh^^ĞĐƵƌŝƟĞƐ ŵĂƩĞƌƐ ;ZĞŐ ^͕ ZĞŐ ͕ ZƵůĞ ϭϰϰͬh^ /ŶǀĞƐƚŵĞŶƚ ĚǀŝƐŽƌƐ ĐƚͿ ƚŽ ŵŽǀĞ ŝŶƚŽ ƚŚŝƐ ĂĚǀŝƐŽƌLJƌŽůĞǁŝƚŚĂŐůŽďĂůŝŶǀĞƐƚŵĞŶƚďĂŶŬ͘h^ƋƵĂůŝĮĐĂƟŽŶŶŽƚĞƐƐĞŶƟĂů͘ ZĞĨ͗ϮϬϮϭϭϭ ϰнLJĞĂƌƐ KƵƌĐůŝĞŶƚŝƐĂůĞĂĚŝŶŐƉŚĂƌŵĂĐĞƵƟĐĂůŵƵůƟŶĂƟŽŶĂů͖ĂŶĚĂƌĞůŽŽŬŝŶŐĨŽƌĂƐĞĂƐŽŶĞĚ ůĞŐĂůĂŶĚĐŽŵƉůŝĂŶĐĞƉƌŽĨĞƐƐŝŽŶĂů͘zŽƵǁŝůůƌĞƉŽƌƚƚŽƚŚĞ'ĞŶĞƌĂůŽƵŶƐĞů͕WĂŶĚ ƚĂƐŬĞĚǁŝƚŚĞƐƚĂďůŝƐŚŝŶŐĂůĞŐĂůĂŶĚĐŽŵƉůŝĂŶĐĞĨƌĂŵĞǁŽƌŬĨŽƌƚŚĞƌĞŐŝŽŶ͘ ZĞĨ͗ϮϬϯϴϭϭ ϲͲϭϬLJĞĂƌƐ Corporate Insurance Legal Counsel dŚŝƐŐůŽďĂůĮŶĂŶĐŝĂůƐĞƌǀŝĐĞƐĐŽŵƉĂŶLJŝƐĞdžƉĂŶĚŝŶŐƚŚĞŝƌůĞŐĂůƚĞĂŵĂŶĚůŽŽŬŝŶŐƚŽ ŚŝƌĞƚǁŽŵŝĚͲůĞǀĞůůĂǁLJĞƌƐŝŶƚŽƚŚĞWůĞŐĂůƚĞĂŵďĂƐĞĚŝŶ^ŝŶŐĂƉŽƌĞ͘ŽƌƉŽƌĂƚĞ ŝŶƐƵƌĂŶĐĞΘƌĞŐƵůĂƚŽƌLJĞdžƉĞƌŝĞŶĐĞƉƌĞĨĞƌƌĞĚ͘DΘůĂǁLJĞƌƐĂůƐŽŽĨŝŶƚĞƌĞƐƚ͘ ZĞĨ͗ϮϬϯϴϮϭ ϯнLJĞĂƌƐ džĐĞƉƟŽŶĂůŽƉƉŽƌƚƵŶŝƚLJĨŽƌĂŶĞdžƉĞƌŝĞŶĐĞĚĚĞƌŝǀĂƟǀĞƐůĂǁLJĞƌ͕ƚŽũŽŝŶƚŚĞWůĞŐĂů ƚĞĂŵŽĨĂŶĞƐƚĂďůŝƐŚĞĚĞŶĞƌŐLJͬƵƟůŝƟĞƐƉůĂLJĞƌ͘ZĞƐƉŽŶƐŝďŝůŝƟĞƐǁŝůůŝŶĐůƵĚĞŵŽŶŝƚŽƌŝŶŐ ƌĞŐƵůĂƚŽƌLJĚĞǀĞůŽƉŵĞŶƚƐ͕ĚĞƌŝǀĂƟǀĞƐĂŶĚƐƚƌƵĐƚƵƌĞĚƚƌĂŶƐĂĐƟŽŶƐ͘ ZĞĨ͗ϮϬϮϭϮϬ ϴͲϭϬLJĞĂƌƐ Derivatives/ISDA senior legal counsel 'ůŽďĂů ŝŶǀĞƐƚŵĞŶƚ ďĂŶŬ ƐĞĞŬƐ ƋƵĂůŝĮĞĚ ůĂǁLJĞƌ ǁŝƚŚ ĚĞƌŝǀĂƟǀĞƐ ĂŶĚͬŽƌ /^ ĞdžƉĞƌŝĞŶĐĞƚŽũŽŝŶƚŚĞŝƌWůĞŐĂůƚĞĂŵ͘zŽƵǁŝůůǁŽƌŬŽŶŐůŽďĂůƉƌŽũĞĐƚƐƌĞůĂƟŶŐƚŽ ŵĂƐƚĞƌĚŽĐƵŵĞŶƚĂƟŽŶĂŶĚ/^͘>ĂŶŐƵĂŐĞƐ;:ĂƉĂŶĞƐĞͬ<ŽƌĞĂŶͿĂĚǀĂŶƚĂŐĞŽƵƐ͘ ZĞĨ͗ϭϵϯϬϲϬ ϯнLJĞĂƌƐ dŚŝƐ ŝƐ Ă ŶĞǁůLJ ĐƌĞĂƚĞĚ ƌŽůĞ ĨŽƌ Ă ƐĞŶŝŽƌ ůĞŐĂů ĐŽƵŶƐĞů Ăƚ Ă ůĞĂĚŝŶŐ ĂƵƚŽŵŽƟǀĞ ĐŽŵƉĂŶLJ͕ ƌĞƉŽƌƟŶŐ ƚŽ ƚŚĞ 'D͕ >ĞŐĂů͘ dŚĞƌĞ ǁŝůů ďĞ ŵŽŶƚŚůLJ ƚƌĂǀĞů ŝŶ ƚŚĞ ƌĞŐŝŽŶ͘ ^ƵƉƉůLJĐŚĂŝŶĞdžƉĞƌŝĞŶĐĞǁŽƵůĚďĞŝĚĞĂů͘ ZĞĨ͗ϮϬϯϵϴϭ ϭϬͲϭϮLJĞĂƌƐ Banking legal counsel /ŶƚĞƌŶĂƟŽŶĂůďĂŶŬƐĞĞŬƐďĂŶŬŝŶŐůĂǁLJĞƌƚŽƐƵƉƉŽƌƚďĂŶŬͲǁŝĚĞƉƌŽũĞĐƚƐŝŶ^ŝŶŐĂƉŽƌĞ ĂŶĚĂĚǀŝƐĞƚŚĞZĞƚĂŝůĂŶŬŝŶŐΘtĞĂůƚŚDĂŶĂŐĞŵĞŶƚďƵƐŝŶĞƐƐůŝŶĞ͘ZĞƚĂŝůďĂŶŬŝŶŐͬ ŝŶƐƵƌĂŶĐĞĞdžƉĞƌŝĞŶĐĞƉƌĞĨĞƌƌĞĚďƵƚŐĞŶĞƌĂůůĞŶĚŝŶŐďĂĐŬŐƌŽƵŶĚƐĂůƐŽǁĞůĐŽŵĞĚ͘ ZĞĨ͗ϮϬϯϲϱϭ ϰнLJĞĂƌƐ >ĞĂĚŝŶŐŽƉĞƌĂƚŽƌŝŶƚŚĞŚŽƐƉŝƚĂůŝƚLJŝŶĚƵƐƚƌLJŝƐůŽŽŬŝŶŐĨŽƌĂůĞŐĂůĐŽƵŶƐĞůƚŽƐƵƉƉŽƌƚ ƚŚĞƌĞŐŝŽŶĂůŵĂŶĂŐĞŵĞŶƚ͘zŽƵǁŝůůďĞŝŶƚĞƌĨĂĐŝŶŐĚŝƌĞĐƚůLJǁŝƚŚƐĞŶŝŽƌƐƚĂŬĞŚŽůĚĞƌƐ͘ ZĞůĞǀĂŶƚŝŶͲŚŽƵƐĞĞdžƉĞƌŝĞŶĐĞŝƐĚĞƐŝƌĞĚ͘ ZĞĨ͗ϮϬϯϴϲϭ ϰͲϲLJĞĂƌƐ Regional Counsel legal counsel KƵƌ ĐůŝĞŶƚ ŝƐ Ă ůĞĂĚŝŶŐ ƐƵƉƉůŝĞƌ ŽĨ ƚƌĂŶƐƉŽƌƚ͕ ůŽŐŝƐƟĐƐ ĂŶĚ ĚŝƐƚƌŝďƵƟŽŶ ƐĞƌǀŝĐĞƐ͘ Ŷ ĞdžĐĞƉƟŽŶĂůŽƉƉŽƌƚƵŶŝƚLJŝƐĂǀĂŝůĂďůĞĨŽƌĂƐĞŶŝŽƌůĂǁLJĞƌƚŽůĞĂĚƚŚĞůĞŐĂůĨƵŶĐƟŽŶ͕ǁŝƚŚ ŽǀĞƌƐŝŐŚƚĨŽƌĂůůŝŶͲŚŽƵƐĞŵĂƩĞƌƐĂŶĚƉƌŽũĞĐƚƐĨŽƌƚŚĞƌĞŐŝŽŶƐ͘ ZĞĨ͗ϮϬϯϵϮϭ ϴͲϭϬLJĞĂƌƐ ^'yͲůŝƐƚĞĚŐůŽďĂůŵĂŶƵĨĂĐƚƵƌŝŶŐĐŽŵƉĂŶLJŝƐůŽŽŬŝŶŐĨŽƌĂůĞŐĂůĐŽƵŶƐĞůƚŽƐƵƉƉŽƌƚŝƚƐ ĞdžƉĂŶĚŝŶŐǁŽƌůĚǁŝĚĞƉƌŽũĞĐƚƐ͘zŽƵǁŝůůƐƵƉƉŽƌƚƚŚĞ&ŝŶĂŶĐĞĂŶĚdƌĞĂƐƵƌLJƚĞĂŵŽŶ ŽƉĞƌĂƟŽŶĂůŵĂƩĞƌƐĂŶĚƉƌŽũĞĐƚƐ͘ ZĞĨ͗ϮϬϯϱϵϭ ϴͲϭϬLJĞĂƌƐ Private Practice Roles - singapore Capital Markets Project Finance 'ůŽďĂůůĂǁĮƌŵƌĞƋƵŝƌĞƐĞdžƉĞƌŝĞŶĐĞĚĐŽƌƉŽƌĂƚĞůĂǁLJĞƌƚŽƵŶĚĞƌƚĂŬĞƉƌŝŵĂƌŝůLJĞƋƵŝƚLJ ĐĂƉŝƚĂůŵĂƌŬĞƚƐǁŽƌŬĂƐǁĞůůĂƐƉƵďůŝĐΘƉƌŝǀĂƚĞDΘ͕ĨƵŶĚƐĂŶĚŐĞŶĞƌĂůĂĚǀŝƐŽƌLJ ŵĂƩĞƌƐ͘džƉĞƌŝĞŶĐĞǁŝƚŚ^'yůŝƐƟŶŐƌƵůĞƐŝƐĞƐƐĞŶƟĂů͘džĐĞůůĞŶƚƐĂůĂƌLJ͘ ZĞĨ͗ϮϬϯϲϯϭ ϰͲϲLJĞĂƌƐ /ŶƚĞƌŶĂƟŽŶĂůůĂǁĮƌŵƌĞƋƵŝƌĞƐĚLJŶĂŵŝĐĮŶĂŶĐĞůĂǁLJĞƌƚŽũŽŝŶďƵƐLJƉƌŽũĞĐƚƐƚĞĂŵ͘ ^ŽŵĞ ĞdžƉŽƐƵƌĞ ƚŽ ƉƌŽũĞĐƚƐ ǁŽƌŬ ŝƐ ďĞŶĞĮĐŝĂů ďƵƚ ƚŚĞ ƉĂƌƚŶĞƌ ŝƐ ǁŝůůŝŶŐ ƚŽ ƌĞͲƚƌĂŝŶ ƐŽŵĞŽŶĞǁŝƚŚĂďƌŽĂĚĞƌďĂŶŬŝŶŐΘĮŶĂŶĐĞďĂĐŬŐƌŽƵŶĚ͘ ZĞĨ͗ϮϬϯϮϱϭ ϯнLJĞĂƌƐ Derivatives corporate ǁĂƌĚ ǁŝŶŶŝŶŐ ƚĞĂŵ ƌĞƋƵŝƌĞƐ ĞdžƉĞƌŝĞŶĐĞĚ ĚĞƌŝǀĂƟǀĞƐ ůĂǁLJĞƌ ĨŽƌ ŶĞǁ ƌŽůĞ͘ WƌŝŽƌ ĚĞƌŝǀĂƟǀĞƐͬƐƚƌƵĐƚƵƌĞĚĮŶĂŶĐĞĞdžƉĞƌŝĞŶĐĞŝƐƐƚƌŽŶŐůLJƉƌĞĨĞƌƌĞĚďƵƚƚŚŽƐĞǁŝƚŚďƌŽĂĚĞƌ ďĂŶŬŝŶŐŽƌĐĂƉŝƚĂůŵĂƌŬĞƚƐďĂĐŬŐƌŽƵŶĚƐĂƌĞĂůƐŽŝŶǀŝƚĞĚƚŽĂƉƉůLJ͘ ZĞĨ͗ϮϬϯϱϲϭ ϰнLJĞĂƌƐ tĞĂƌĞǁŽƌŬŝŶŐŽŶƚǁŽ^ŝŶŐĂƉŽƌĞYƵĂůŝĮĞĚ^ĞŶŝŽƌƐƐŽĐŝĂƚĞƌŽůĞƐǁŝƚŚŝŶƚŚĞDΘ ƚĞĂŵƐŽĨƚŽƉŝŶƚĞƌŶĂƟŽŶĂůůĂǁĮƌŵƐ͘zŽƵǁŝůůŚĂǀĞƚŚĞŽƉƉŽƌƚƵŶŝƚLJƚŽƌƵŶďŝŐƟĐŬĞƚ ŐůŽďĂůĂŶĚĚŽŵĞƐƟĐĚĞĂůƐĨŽƌďůƵĞĐŚŝƉĐůŝĞŶƚƐ͘'ŽŽĚŵĞĚŝƵŵƚĞƌŵƉƌŽƐƉĞĐƚƐ͘ ZĞĨ͗ϮϬϮϯϴϭ ϱнLJĞĂƌƐ disputes Investigations 'ůŽďĂůůĂǁĮƌŵƌĞƋƵŝƌĞƐĞdžƉĞƌŝĞŶĐĞĚĚŝƐƉƵƚĞƐůĂǁLJĞƌƚŽĂĐƚŽŶĂƌĂŶŐĞŽĨďƵŝůĚŝŶŐΘ ĐŽŶƐƚƌƵĐƟŽŶ͕ ĞŶĞƌŐLJ ĂŶĚ ƉƌŽũĞĐƚƐ ŵĂƩĞƌƐ͘ WƌŝŽƌ ĞdžƉĞƌŝĞŶĐĞ ŝŶ ŝŶƚĞƌŶĂƟŽŶĂů ĂƌďŝƚƌĂƟŽŶĞƐƐĞŶƟĂů͖ƐŚŝƉƉŝŶŐĞdžƉĞƌŝĞŶĐĞĂůƐŽďĞŶĞĮĐŝĂů͘ ZĞĨ͗ϮϬϯϵϵϭ ϰͲϲLJĞĂƌƐ dŚŝƐ ůĞĂĚŝŶŐ ŝŶƚĞƌŶĂƟŽŶĂů ůĂǁ Įƌŵ ŝƐ ŬĞĞŶ ƚŽ ŚŝƌĞ ŝƚƐ ĮƌƐƚ ŝŶǀĞƐƟŐĂƟŽŶƐ WĂƌƚŶĞƌ ŝŶ ^ŝŶŐĂƉŽƌĞ͘dŚĞŝƌƉůĂƞŽƌŵĨŽƌŐůŽďĂůĚŝƐƉƵƚĞƐŝƐƵŶƌŝǀĂůůĞĚĂŶĚLJŽƵǁŝůůďĞǁŽƌŬŝŶŐŽŶ ƚŚĞƐŝĂŶĞůĞŵĞŶƚŽĨŵĂũŽƌŵĂƩĞƌƐĂƐǁĞůůĂƐďƵŝůĚŝŶŐĂ^ŝŶŐĂƉŽƌĞƉƌĂĐƟĐĞ͘ ZĞĨ͗ϭϵϱϭϲϭ WĂƌƚŶĞƌ &ŽƌWƌŝǀĂƚĞWƌĂĐƟĐĞƌŽůĞƐŝŶ^ŝŶŐĂƉŽƌĞĂŶĚ^ŽƵƚŚĂƐƚƐŝĂĐŽŶƚĂĐƚůĞdžtŝƐĞŵĂŶŽŶ+65 6420 0500 or [email protected] &Žƌ/ŶͲ,ŽƵƐĞƌŽůĞƐŝŶ^ŝŶŐĂƉŽƌĞĂŶĚ^ŽƵƚŚĂƐƚƐŝĂĐŽŶƚĂĐƚ,ĞůĞŶ,ŽǁĂƌĚŽŶ+65 6420 0500 or [email protected] WůĞĂƐĞŶŽƚĞŽƵƌĂĚǀĞƌƟƐĞŵĞŶƚƐƵƐĞWYƉƵƌĞůLJĂƐĂŐƵŝĚĞ͘,ŽǁĞǀĞƌ͕ǁĞĂƌĞŚĂƉƉLJƚŽĐŽŶƐŝĚĞƌĂƉƉůŝĐĂƟŽŶƐĨƌŽŵĂůůĐĂŶĚŝĚĂƚĞƐǁŚŽĂƌĞĂďůĞƚŽĚĞŵŽŶƐƚƌĂƚĞƚŚĞƐŬŝůůƐŶĞĐĞƐƐĂƌLJƚŽĨƵůĮůƚŚĞƌŽůĞ͘ LEGAL RECRUITMENT FIRM OF THE YEAR SINGAPORE 2015 PART OF THE SR GROUP Brewer Morris | Carter Murray | Frazer Jones | SR Search | Taylor Root UK | EUROPE | MIDDLE EAST | Asia | AUSTRALIA | OFFSHORE taylorroot.com @TaylorRootLegal taylor-root EA Licence Number: 12C6222 Appointments 60 YOUR PROFESSION OUR PASSION GLOBAL REGULATORY COUNSEL CAPITAL MARKETS ASSOCIATE A leading MNC is seeking an experienced Regulatory Counsel in Singapore. A reputable international law firm is seeking a passionate Capital Markets Associate. You’ll handle SGX listings from multinational clients, while supporting a team of reputable partners on capital markets transactions at a regional level. You’ll report into the Legal Director on challenging regulatory matters involving global M&A transactions. You’ll utilise your legal expertise on regulatory and antitrust matters with respect to investment and institutional deals, as well as liaise with external counsel on specific public acquisition matters, together with mentoring and training junior lawyers. You must be a qualified lawyer with at least 6 years’ PQE with specialised knowledge of M&A regulations, competition rules (including merger control regimes) and regulatory filings on a multinational level (preferably with knowledge of the regulatory framework in Singapore, the UK, the EU, China or Hong Kong). You must be motivated to succeed in a high performing team within an established and thriving organisation. Previous experience from a top international law firm, or a relevant in-house or regulatory position would be preferred. Contact Armin Hosseinipour (Reg ID: R1440509) for more information at [email protected] or +65 6303 0725. LEGAL & COMPLIANCE MANAGER (INSURANCE MNC) A prominent insurance MNC is seeking a Legal Manager to join its growing office in Singapore. This entity is part of a multinational conglomerate with a presence in almost 40 countries. This specific role will have a strong focus on insurance claims, corporate matters, regulation and disputes. You’ll be provided with a wide scope of work pertaining to claims negotiation, policy review, contracts drafting, legal training and legal research. You will provide legal support to different business units on corporate, insurance and claims-focussed matters. Given the above job scope, you must have between 4-7 years of relevant legal experience, together with a strong insurance law background preferably from an in-house role. This is an excellent opportunity for an experienced insurance lawyer to progress their career with a successful entity. Contact Armin Hosseinipour (Reg ID: R1440509) for more information at [email protected] or +65 6303 0725. CORPORATE LEGAL COUNSEL A prominent regional corporation is seeking a Legal Counsel to join its collaborative legal team in Singapore. This company is known for its strong standing within the logistics industry and has been expanding its operations on a global basis. The role will involve transactional legal responsibilities including the drafting and negotiation of commercial and legal contracts, ensuring legal and regulatory compliance, providing legal advice to different business units, and ensuring that corporate governance standards are being met. The Singapore office is a hub for South East Asia and Australia, and you will therefore be responsible for all legal matters covering these regions. To be successful for this position, you must be admitted as a lawyer in Singapore. It is essential that you have between 3 and 6 years of relevant legal experience with a transactional legal focus. It is also essential for the successful candidate to be proficient in English and Mandarin. This is an excellent opportunity for an ambitious lawyer seeking to establish themselves with a fast expanding regional corporation. Contact Armin Hosseinipour (Reg ID: R1440509) for more information at [email protected] or +65 6303 0725. hays.com.sg You must be a lawyer admitted to practice in Singapore, with prior experience in an international law firm with 4-6 years’ PQE. Experience in equity capital markets is highly desirable. You must be articulate, passionate about capital markets matters and be open to occasional regional travel. Take the next step in your career with a top firm. Contact Negeen Pejooh (Reg ID: R1547320) for more information at [email protected] or +65 6303 0725. AVIATION FINANCE ASSOCIATE A prominent international law firm is seeking an experienced Associate to join its strong asset finance practice in Singapore. You will focus specifically on aviation and structured finance, and will be involved with challenging and complex transactions pertaining to aircraft sales & purchase, aircraft leasing, debt financing and securities matters. The position is highly transactional and will involve extensive contracts drafting and negotiation. You must be admitted as a solicitor in the UK, Australia or Singapore. You must possess between 2 and 6 years of legal experience in aviation or structured finance. You must be able to demonstrate a strong passion towards this particular practice area, together with being collaborative, ambitious and driven to succeed. Contact Armin Hosseinipour (Reg ID: R1440509) for more information at [email protected] or +65 6303 0725. PARALEGAL (GLOBAL LAW FIRM) A prestigious international law firm is seeking an ambitious Paralegal to join its collaborative team in Singapore. You’ll be working with a team of passionate associates and partners on a range of corporate transactions pertaining to energy & resources, projects and construction & infrastructure. Your role will entail extensive legal research, assistance drafting and general document management. You must have 2 years’ experience as a Paralegal in an international law firm, with exposure to corporate legal transactions (including M&As and JVs) and drafting of legal documentation. Grow your career with a reputable firm. Please contact Armin Hosseinipour (Registration ID: R1440509) for more information at [email protected] or +65 6303 0725. The best opportunities; a prestigious client network, including international law firms, MNCs and top tier financial institutions; along with the highest quality recruitment professionals just some of the reasons to get in touch for that all important next step in your career. Pure Search redefines success in Singapore. Shulin Lee – Private Practice Hires + 65 6407 1053 [email protected] Tessa Arquilliere – Private Practice Hires + 65 6407 1054 [email protected] Alexandra Starke – Private Practice Hires + 65 6407 1052 [email protected] James Lim – In-House Hires + 65 6407 1206 [email protected] puresearch.com Pure Search - leaders in global search & selection | Hong Kong | London | New York | Singapore