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
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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
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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
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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
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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
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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
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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
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Having access to the right technology is synonymous with
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desktop interfaces such as practice management, content
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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
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that will complement their workflows and achieve efficiencies. If
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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
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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
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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
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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
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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
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38
Singapore Law Gazette October 2015
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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.
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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
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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
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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
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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
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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
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Legal Counsel
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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
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