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Legal Matters: News
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NEWS SNIPPETS
2001
A
report prepared by the Registrar of the Supreme Court showed that
although, on average, every court can hear cases for 208 days a
year, about 10 per cent of the overall court time was not used as
a result of no-trial days. 15 High Court courtrooms were empty for
a total of 346 days last year. The Singapore judiciary has no
backlog of cases because it cleared 25,000 cases between 1992 and
last year, under Chief Justice YONG Pung How's leadership. The
courts have only 642 outstanding cases now and most of them are
expected to be cleared by the end of next year. (Straits
Times 25 Dec 2001)(4) |
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Long-winded
and disorganised lawyers who like to submit a mountain of
documents to the appeals courts have just been given the red card
by the Chief Justice. From next Saturday, they will be allowed to
submit no more than 150 pages in their main bundle of documents.
Those who breach the limit will be charged - S$10 for each extra
page. The court's Rules Committee, which is chaired by CJ YONG
Pung How, has directed these charges to be imposed under the Rules
of Court (Straits
Times 8 Dec 2001(H1) |
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In the
High Court on Thursday, Justice TAN Lee Meng clarified the law
affecting dealers and remisiers when their clients go bust. A
remisier has to settle his clients' losses as he is an independent
agent. But, as an employee of a company, a dealer cannot be held
liable for losses made following his firm's instructions. This
applies when he is told to service his firm's clients, like banks,
statutory boards and publicly listed companies. But a dealer
cannot act beyond the authority given him. So if he trades beyond
the approved amount or makes unauthorised transactions, he has to
settle resulting debts. He also has to bear his clients' bad debts
as he would have been acting on their behalf, and not his
employer's.(Straits
Times 1 Dec 2001)(3) |
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A
working group has been formed to review Singapore's legal
profession and make it more competitive. The group will be
co-chaired by Solicitor-General CHAN Seng Onn and Senior Counsel
K. Shanmugam, and comprise lawyers and law academics. Its
recommendations will go to the Economic Review Committee chaired
by Deputy Prime Minister LEE Hsien Loong. (Straits
Times 28 Nov 2001)(3) |
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Chief Justice YONG Pung How yesterday sent a strong message to
molesters, saying that from now on they can expect to be jailed
for a minimum of nine months. Stiffer sentences were needed
to deter potential offenders, he said, as the number of
molestation cases had risen by 25 per cent this year. (Straits
Times 31 Oct 2001) (4) |
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A
lawyer who was caught shoplifting at Tangs department store had
her two-week jail sentence doubled yesterday. Lilian ONG,
51, who was found guilty of shoplifting after a four-day trial
in May, had appealed against her conviction. The prosecution,
meanwhile, had appealed against the leniency of ONG's sentence.
But ONG dropped her appeal, leaving the court to decide whether
to allow the prosecutor's appeal. ONG stole two cheese slicers
and a kettle worth a total of S$180 from Tangs on March 14 last
year. (Straits
Times 31 Oct 2001) (H10) |
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Family quarrels made up 139 out of 500, or 28 per cent, of the
cases that community mediation centres handled in 2000. Most
of the cases - 211 out of 500, or 42 per cent - dealt with
disputes between neighbours. The other cases involved friends,
shopkeepers or hawkers, landlords and tenants, and employers and
employees. This is the first time the centres have offered such
a breakdown of the cases handled, so there are no comparable
figures for 1998 and 1999. (Straits
Times 7 Oct 2001)
(20) |
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Stress,
said a recent Law Society survey, is the reason cited most often
by lawyers leaving the profession. Already,335 lawyers have quit
this year, more than double the 141 last year, and more than three
times the 114 who quit in 1999. About 29 per cent of the lawyers
who stopped practising did so because they had difficulty coping
with the demands of their clients, the survey found. The survey
covered only 31 of them, but practising lawyers told The Straits
Times they could not agree more with its findings. The survey also
interviewed 89 managing partners and owners of law firms. (Straits
Times 7 Oct 2001)(4) |
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The
Law Society has revised its guidelines to give the 800 or so law
firms here the option to accept credit-card payments from their
clients. It said in a statement," In recent years, the number
of credit-card holders has increased, and client have begun to
express a desire to pay their legal fees via the credit
card." But lawyers can accept payment only by Visa and
Mastercard credit cards. (Straits
Times 4 Oct 2001)(H5) |
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Information
on court hearings can be obtained virtually and instantly now, as
the Supreme Court has gone the SMS route. Starting two days ago,
lawyers and the public could use the short message service (SMS)
to access information on who the duty judge or registrar is for
the day and who the presiding judge is for a particular case. The
service is part of the Supreme Court's Mobile Information
Services, or Supreme Court M-InfoSvcs. (Straits
Times 30 Aug 2001)(H7) |
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Teenagers
and youths caught having sex with an underaged girl can plead
ignorance of the victim's age, but adult men cannot offer such a
defence in court. Legal experts said that the law here has made it
clear that men above 21 years old who are caught for such offences
will be jailed for up to five years and fined up to S$10,000.
(Straits Times 13
Aug 2001)(H4)
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A
parachute jump instructor with the School of Commandos who was
sentenced to three weeks' jail in May 2001 for using criminal
force on a police officer and fined S$500 for disorderly behaviour
appealed. Chief Justice YONG Pung How, who heard Second Warrant
Officer Raymond Michael D'Cotta's appeal, noted that he had given
24 years of good service and was a first offender. Jail, even for
one day, would mean the end of D'Cotta's pension. So he set aside
the jail term. But, D'Cotta, 41, a father of three, will still
have to pay the S$500 fine. The CJ said the case was "very
unusual" and observed that the man had not meant to hurt the
policeman. "His real offence was his drunkenness and while he
was drunk, he lost control of himself."
(Straits Times 8 Aug
2001)(3)
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A
person who offers bribes to corrupt those who maintain law and
order here deserves equal or even heavier punishment than the
people they buy off, Chief Justice YONG Pung How said. He made the
point in his written reasons for increasing Geylang loan shark
CHUA Tiong Tiong's 18-month jail term for bribing a cop. Earlier
this month, he upped the man's sentence to four years and imposed
a S$100,000 fine.
(Straits Times 31
Jul 2001)(4)
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A
lawyer allegedly cheated a bank into lending him S$1.5 million to
buy a Tanglin condominium by not disclosing that he was holding
the property in trust for a foreigner who was a permanent
resident. Billy NG Chee Sing, 39, also allegedly got two other men
to cheat another bank into giving them loans totalling S$2.55
million for the same British businessman. NG, an undischarged
bankrupt, was struck off the rolls over these loans. Three amended
charges were read to him at the start of his district-court trial
yesterday. The trial continues today. (Straits
Times 4 Jul 2001)
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Men who
chat up underaged girls on the Internet and have sex with them
can expect a year in jail and a S$10,000 fine if they are
caught. Chief Justice YONG Pung How set this benchmark
yesterday when he dismissed the appeal of 45-year-old TAY Kim
Kuan, upped his sentence from nine to 12 months, and hit him
with the maximum S$10,000 fine. TAY, who is married and works
for a construction consultancy firm, admitted having sex with a
15-year-old secondary school student he met online. CJ YONG made
it clear that, as long as the accused had sex with an underaged
girl, there was little excuse, even if the girl was not a virgin
and was "wanton" and "completely loose".
(Straits Times 29 Jun 2001) |
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Since
the Corrective Work Order (CWO) punishment for litterbugs was
introduced in 1992, about 50,000 litterbugs have been caught. Over
the last eight years, the number of litterbugs made to pick up
trash went up from 166 in 1993 to 427 last year. And by 1996,
the first repeat offenders were coming back to don the familiar
yellow jackets for the second time. From nine that year, it went
up to 23 last year. Another worrying trend - almost
three-quarters of litterbugs caught this year were below 30
years of age and some youths found performing the CWO cool
rather than shameful. (Straits Times 14 Jun 2001) |
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Prominent
Singaporean jurist and legal scholar Amarjeet SINGH was elected on
Tuesday in New York to serve on the UN war crimes tribunal for the
Balkans, the first Singaporean nominated to an international legal
post. (Straits Times 14 Jun 2001)
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In the first case of its kind, an electrician has been
charged for illegally connecting a residence to the Singapore
Cable Vision (SCV) network. On Wednesday, Richard ONG Wei
Teong pleaded guilty in a magistrate's court to tampering with a
telecommunications installation. He was fined S$4,000. (Straits
Times 8 Jun 2001) |
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A
lawyer was on 5 Jun 2001 sentenced to two weeks' in prison for
stealing two cheese slicers and a kettle from Tangs department
store. District Judge CHAY Yuen Fatt imposed the jail sentence on
Lilian ONG, 51, after having convicted her of shoplifting last
week. ONG, who was called to the Bar in 1974, could have been
jailed for up to seven years and fined for the offence. She was
found guilty last week of stealing the household items, worth
about S$180, from the Orchard Road store on 14 Mar 2000. She has
filed an appeal against her conviction and is out on S$10,000
bail. (Straits Times 5 Jun 2001)
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More
than 170 new lawyers were called to the Bar yesterday. Chief
Justice YONG Pung How yesterday said that a total of 3,233 lawyers
now hold practising certificates. He hoped that with the new
entrants, the figure would rise to over 3,380. Not all 173 are
expected to apply for practising certificates. Quoting a Manpower
Ministry study, CJ YONG said Singapore would need between 99 and
115 lawyers for every 100,000 people. As of last year, it had 84
per 100,000. He said that the recent phenomenon of lawyers
choosing to leave legal practice for non-legal sectors and for
alternative employment as in-house legal counsel in private-sector
enterprises had intensified the current shortage of lawyers in
Singapore today. (Straits Times 3 Jun 2001)
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Preventive
detention or long jail terms with no chance of early release for
good behaviour should not be restricted to offenders with a
history of violent behaviour, said Chief Justice YONG Pung How
yesterday. He ruled that repeat perpetrators of non-violent
crimes, such as theft and drug-related offences, also deserve such
punishments. CJ YONG made this ruling when he dismissed the appeal
of recalcitrant criminal TAN Ngin Hai, who wanted his eight-year
preventive detention sentence reduced. The CJ had noted that two
out of every five criminals taken to court here had previous
criminal records. (Straits Times 2 Jun 2001)
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High
Court judge CHAN Seng Onn, 47, will leave the bench next month to
assume the No.2 position in the Attorney-General's Chambers
as its Solicitor-General. His appointment will fill the position
that has been left vacant for nearly ten years since former
Solicitor-General KOH Eng Tian retired in December 1991. (Straits
Times 15 May 2001)
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The
Supreme Court has been awarded the ISO 9001:2000 certification at
the organisational level. In 1999, it achieved the People
Developer Standard. The Singapore Quality Class followed last
year. Last December, it obtained the ISO 9002:1994 certification
for its Verbatim Reporters Unit. (Straits Times 8 May 2001)
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A National
University of Singapore (NUS) group beat 68 others from law
schools all over the world at the prestigious Philip C. Jessup
International Law Moot Court Competition held in Washington
from 1 - 7 Apr 2001. NUS's fourth triumph - it also won in 1982,
1985 and 1994 - puts its record ahead that of any other law
school since the competition began in 1959 at Harvard
University. The team comprises Subbrahmanyam, 22, CHAN Ho Ming,
24, Kabir Singh, 24, Davinia Aziz, 21, and Jason CHAN, 23.
(Straits Times 17 Apr 2001) |
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Chief
Justice YONG Pung How turned 75 0n 11 Apr 2001 and was re-appointed
head of Singapore's judiciary for three more years. He was first
appointed Chief Justice in 1990. |
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A
lawyer who had earlier been jailed for four months for contempt of
court appeared before a district court on 9 Apr 2001 on charges of
misappropriating nearly S$240,000 of his clients' money.
Krishnasamy Balarasalu alias Bhaktavatsalu, 51, is being remanded
at the Criminal Investigation Department and his case will be
mentioned again next Monday. (Straits Times 10 Apr 2001) |
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A
woman lawyer allegedly walked out of Tangs department store with a
kettle and two cheese slicers without paying for them, a district
court heard on 2 Apr 2001. Lilian ONG, 51, who was called to the Bar
in January 1974, pleaded not guilty to stealing the three items
worth about S$180 that evening. The hearing continues. (Straits
Times 3 Apr 2001)
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From 1
Apr 2001, more applicants will qualify for legal aid because the
income limit will be raised. The new rules allow people with a
disposable household (husband & wife's income) income of not
more than S$10,000 a year (after subtracting allowable deductions)
to qualify for legal aid, up from the current S$7,000. Currently,
one-third of the applicants are not granted legal aid as they have
failed the means test applied by the bureau. Its director, Ms TAN
Peck Cheng, said that with the revision, only two out of every 10
applicants will be turned away. Between 1988 and 1999, 81,503
people applied for legal aid. More than six out of 10 were women.
Most of the women sought help to initiate separation proceedings,
file for divorce or to get custody of their children. Of the cases
that the bureau handled between 1988 and 1999, more than half had
to do with marriages that had gone sour. Claims for money made up
11.1% of the cases, the next-largest group of cases, followed by
property matters (5.5%), probate cases (4.6%), deed polls (2.2%)
and adoptions (1.5%). (Straits Times 25 Mar 2001) |
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Subordinate
courts judge Thyagarajan Shanmugam died of a heart attack on
Wednesday night while on holiday in Australia. He was 53. District
Judge Thyagarajan was in Melbourne to attend his son's convocation
when he collapsed suddenly. Survived by his wife Shirley and three
grown children, he had been a judge with the Subordinate Courts
since 1993 and was transferred to the Family Court this
January. (Straits Times 23 Mar 2001)
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Law
Degrees from more universities recognised here. Ministry of
Law Media Release 9 Mar 2001. |
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| The Straits Times
understands that Rajah & Tann, Drew & Napier and
Allen & Gledhill, together with Shook Lin & Bok, are
looking to raise the pay unanimously for newly-qualified lawyers
to about S$4,200 a month from this year. It is estimated
that they now pay fresh graduates between S$3,700 and S$3,800.
(Straits Times 31 Jan 2001) |
| A lawyer has been
jailed for two months for contempt of court because he had defied
court orders that required him to pay back nearly S$90,000 to a
couple who had entrusted the money to him. In addition, the judge
ordered that Krishnasamy Bhaktavatsalu of Krishna & Co be
brought back to court, after serving his jail term, to see if he
had complied with the court orders. (Straits Times 20 Jan 2001) |
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Previous
News - 2000
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