Conveyancing Dialogue with Members | Tea Reception with Legal Service Officers | Law Fraternity Games | The Bar Council of Malaysia's Annual Visit to Singapore | Briefings on the Criminal Legal Aid Scheme | Visit by the Delegation from the Legal Aid Bureau of Malaysia | Launch of the Law Society's Portal and E-learning Portal - CLE@LawSociety | Keynote Address at Launch of the Law Society of Singapore Portal and E-learning Portal | The New Family and Juvenile Court
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| Mr Derrick Wong & Mr Gan Hiang
Chye of the Conveyancing Practice Committee |
The Conveyancing Practice Committee under the chairmanship of Mr Derrick Wong held a dialogue with members on 12 September 2001 at the Mandarin Singapore Hotel. More than 100 practitioners attended. The dialogue served to inform and update members on conveyancing matters and provide them with the opportunity to give feedback, comments, ask questions and seek clarification. Specifically, the committee briefed members on:
In line with the objectives of the dialogue, representatives from the Jurong Town Corporation ('JTC') were invited to explain and clarify their practice circular dated 6 August 2001 pertaining to the requirement of lessees to carry out an Environmental Baseline Study ('EBS') for Assignment/Transfer of Lease. This JTC practice circular will take effect from 1 November 2001. Ms Wong Yoke Yeen, Assistant Manager, Lease Management, delved into: (a) the purpose of EBS; (b) who is to carry out EBS; (c) when decontamination is required to be carried out; and (d) the duties of the buyer and seller. Members posed several questions to Ms Wong and her colleagues. Amongst their concerns were: (a) the costs of carrying out decontamination; (b) which agencies are authorised to do so; and (c) whether there were any exceptions to the rule.
Following this, Ms Sandra Lim, member, Conveyancing Practice Committee, presented for discussion the case for dispensation of legal requisitions for properties under construction when a Temporary Occupation Permit ('TOP') has yet to be issued with respect to the following departments:
She explained the rationale for dispensation for each of these departments. The Chairman stressed that the intent of the proposal was to help consumers reduce costs as at least some of these legal requisitions are not relevant and do not serve any purpose in relation to properties under construction.
Members were informed that certain of these departments had indicated that between the time of Written Permission and the issue of TOP, there would usually be no change but they were not prepared to commit that there would never, in all circumstances, be any change. Members asked the committee to obtain a firm confirmation or endorsement from the Association of Banks of Singapore for this proposal to pre-empt any allegations of negligence on the part of solicitors when they do not send out such requisitions. Members expressed fears that banks and/or their clients may sue them for negligence if they complied with such a proposal.
Mr Gan Hiang Chye, Vice-Chairman, Conveyancing Practice Committee and a council member, explained the existence and background of the rule on Solicitors' Finders Fees. He explained that the Law Society's circular of 13 July 2001 allows a solicitor to introduce buyers/sellers to his client and receive a commission for doing so provided he does not proceed to act in the conveyancing as well. If a solicitor wants to act for the client in the conveyance as well, then he is not entitled to charge a commission. What he can charge is the negotiation fee as prescribed under the Solicitors Remuneration Order, Sch 1 Rule 14.
A member complimented the committee for organising the dialogue and informing members of the existence of the Solicitors' Finders Fees. Before concluding the dialogue, Mr Derrick Wong reminded members that the May 1996 Law Society's 'Practice Directions of the Council on the Charging of Legal Fees in Property Transactions' is still relevant and applicable. This was inadvertently omitted from the Conveyancing Practice Directions & Rulings (2001 Ed) and should form part and parcel of the said Practice Directions and Rulings.
Chu Sooi Yoon
Law Society of Singapore
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| Mr Jeffrey chan, Chief of Staff, Singapore legal service and Ms Serene Wee, Director, Singapore Academy of Law |
The Law Society hosted a tea reception for Legal Service Officers on Friday, 14 September 2001 at 5.15pm.
Among our guests were: Mr Phang Khang Chau, Deputy Director (Legal Policy), Ministry of Law; Mr Jeffrey Chan, Chief of Staff, Singapore Legal Service; Mr Chiam Boon Keng, Registrar, Supreme Court; and Mr Vincent Hoong, Chief Legal Officer, Singapore Land Authority, to name a few.
Mr Palakrishnan, SC, President, Law Society of Singapore, informed our guests that the Law Society values the warm working relationship which we share with officers of the Legal Service, as we work together to ensure that the provision of legal services in Singapore is at the highest possible level. He thanked the Legal Service Officers for the help which they have rendered to the Law Society and said that we look forward to continuing in this spirit of co-operation and mutual support.
In view of all the changes which are taking place in the legal profession, Ms Serene Wee, Director, Singapore Academy of Law, summed it up eloquently: 'It is important that all of us involved in the profession engage in deeper dialogue as to what we can do for the profession and how we can help practitioners cope with change'.
Adeline Ang
Law Society of Singapore
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President of the Law Society, |
This year's Law Fraternity Games was held on Saturday, 15 September 2001, at the Sports and Recreation Centre, National University of Singapore. Participating in the Games were:
The contingent from Temasek Polytechnic was particularly strong this year, making their presence felt, both in numbers and in appearance - they were hard to miss in their bright orange team shirts.
The Convenors for this year's Games worked especially hard and came up with a few 'firsts'. Volleyball was played this year for the first time in the history of the Games - the team from the Faculty of Law, NUS, emerged victorious, with the Law Society coming in a close second. Bowling was also introduced for the first time in the Games, and was played prior to 15 September. The Law Society fielded a number of teams and was proud to take both the First and Second places.
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Participants in the thick |
The results for the other Games were as follows:
| Game | First place | Second place |
| Fustal (Men) | Law Society | Law Faculty |
| Fustal (Women) | Law Society | PLC |
| Captain's Ball | Law Society | Temasek Polytechnic |
| Basketball 3-on-3 | Law Faculty | Law Society |
The overall winners: the Law Society!
Our thanks to Mr Patrick Nathan, Director, Board of Legal Education, who presented the prizes to all the winners. Thanks go also to Nestle, who kindly sponsored the Milo which kept all our sportsmen and sportswomen full of energy throughout the games!
Adeline Ang
Law Society of Singapore
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Members of the Bar Council of |
The Bar Council of Malaysia and the Law Society of Singapore enjoy a neighbourly bond that stretches back many years, with joint participation in annual social and sports activities and the day-to-day exchange of ideas and friendly support for each other.
On 19 September 2001, we were honoured to host a visit to the Law Society by a delegation from the Bar Council, represented by their President, Mr Mah Weng Kwai; Vice-President, Mr Roy Rajasingham; Treasurer, Dato Mohd Sofian Abdul Razak and Executive Director, Ms Catherine Eu. Council members from both bodies first partook of a wholesome lunch, followed by an exchange of ideas on subjects of common interest.
The Malaysians, in particular, were interested in discussing the effects on Singapore lawyers of the introduction of JLVs and FLAs with foreign lawyers, law corporations and multi-disciplinary practices and the effect of having both a 'Law Society' and an 'Academy of Law' on the legal profession. These subjects are currently hot topics in Malaysia.
The exchange of ideas was interesting and lively, as meetings between us, straits lawyers, often are, with varied views and candid observations being voiced by council members of both bodies. The Malaysians returned home with much food for thought concerning the experiences of Singapore lawyers with JLVs, FLAs, LLCs and other related subjects.
Naresh Mahtani
Law Society of Singapore
Managers and Staff of Community Centres/Clubs in
the West District
The Criminal Legal Aid Scheme ('CLAS') organised a talk at Yew Tee Community
Centre on 20 September 2001a at 2.30pm for managers and staff of Community
Centres and Clubs in the West District. Thirty participants representing
Community Centres and Clubs, from Sembawang to Marsiling, attended the talk.
The talk was organised with a view to improving public awareness of CLAS and its application process. The talk was also intended to publicise the online availability of the application form, sample application form and information pamphlets on CLAS - in the four languages, Tamil, Malay, Mandarin and English - at the Law Society's new Web portal: www.lawsociety.org.sg.
It was encouraging to note that the participants had specific issues to raise on matters, such as the application of the means test, as well as practical questions, for example the difference between the Legal Aid Bureau and CLAS and how people would know whether a particular matter was a criminal or civil matter.
Sembawang-Hong Kah District
CLAS was invited to give a talk on the Scheme by the PCF and CCMC for Hong Kah
North on 23 September 2001 at 2.30pm, at Hong Kah North CC.
The talk was officiated by the Guest of Honour, Dr John Chen, Minister of State for Communications and IT and National Development, Member of Parliament for Hong Kah GRC. Approximately 70 participants sacrificed their Sunday afternoon siesta to attend the talk and pose challenging questions to the CLAS Director.
It was the first time that CLAS had been invited to address mainly volunteers who serve at various meet-the-people sessions in the Sembawang-Hong Kah district. The invitation was initiated after these grassroots organisations received letters from CLAS enclosing revised application forms and information brochures. These letters were distributed to all Members of Parliament as part of a massive publicity campaign to improve public awareness of CLAS through key grassroots organisations. The letters also informed of the availability of the forms and information brochures online at the Law Society's new Web portal: www.lawsociety.org.sg.
It was interesting to hear participants recount many instances where they had, unfortunately, referred criminal matters to the Legal Aid Bureau and it was gratifying to note that, for this district at least, future cases relating to criminal matters would be referred directly to CLAS. It was also encouraging to note that many participants were keen to assist their residents in completing the application forms and collating the relevant documents concerning their income and assets for forwarding to CLAS.
It is clear, from the many questions asked during the 'Q&A' session and during separate conversations at the tea reception, that the work of volunteer lawyers participating in the Scheme is extremely significant. Their contributions through CLAS appear to operate on two levels: (a) the actual provision of legal services to the accused person; and (b) the psychological relief from mental hardship on the family and friends of accused persons, and indeed the public at large, that legal aid is available for persons who may not have the means to engage counsels of their choice when charged with a criminal offence.
It was unfathomable to participants that a Scheme, whereby needy people would have access to advocates when charged in court for a criminal matter, may not be in existence in Singapore. It is certainly heartening for the Law Society to know that CLAS needs to continue developing and improving its facilities as it fulfils an essential service to the community.
Lincoln Wee
Law Society of Singapore
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Visit by the Delegation from the |
The Criminal Legal Aid Scheme ('CLAS') hosted a visit by a delegation from the Legal Aid Bureau of Malaysia on 27 September 2001 at 2.30pm, at the Conference Room of the Law Society.
The delegation was led by Datin Hajjah Fauziah Hj Mohd Ramly, Director-General, Legal Affairs Division, Prime Minister's Department. The Datin was escorted by Ms Faridah Abrahim, Director, Legal Aid Bureau of Malaysia and various Assistant Directors, Syariah Officers, Senior Legal Assistants and Legal Assistants from the Legal Aid Bureau of Malaysia.
The delegation was warmly welcomed by the President of the Law Society, Mr Palakrishnan, SC. The delegation was subsequently briefed on the Law Society and CLAS by the respective Directors for Corporate Communications and CLAS.
The visit was held in an informal environment with ample opportunities for frank exchanges of views from the Malaysians and the Law Society Secretariat. It was interesting, for example, to learn that the Legal Aid Bureau in Malaysia does offer limited legal aid in criminal matters to applicants who intend to plead guilty in court. The Bureau, it appears, may be intending to review the possibility of extending their services to a wider number of criminal cases.
The visit, which extended well beyond the two hours allocated, concluded with much camaraderie amidst a photograph-taking session at the rooftop of the Law Society building.
CLAS would like to express its gratitude to the Ministry of Law and the Legal Aid Bureau of Singapore for co-ordinating the visit by Datin Hajjah and her delegation.
Lincoln Wee
Law Society of Singapore
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| Mr Ho Meng Third addressing the crowd | The exhibition kicks off | Enthusiastic participants at the exhibition |
Friday, 28 September 2001 was a significant day for the Law Society. The Society's Information Technology Committee launched the Law Society's Portal and E-learning Portal - CLE@LawSociety, together with a technology exhibition. The event was held at the Merchant Court Ballroom of the Merchant Court Hotel. More than 170 participants registered for the launch.
Mr Jim Lim, Chairman of the IT Committee, gave the introductory speech, while Mr Palakrishnan, SC, President, Law Society, delivered the keynote address. Mr Palakrishnan shared his views that although the development of electronic communications can be unsettling for some, the advantages, nevertheless, outweigh the perceived disadvantages as it paves the way for new opportunities and increased human contact. (The complete keynote address is reproduced on p 15.) Following this, Mr Palakrishnan launched the Law Society Portal which was accompanied by an impressive 30-second multi-media presentation. Mr Ho Meng Third, Chairman, Internet Sub-Committee, gave an overview of the Portal, explaining that having the Portal on the internet improves the existing Web page as it: (a) leads to faster delivery of information to members; (b) is more interactive; and (c) comes with more modules and services. Mr Adrian Tan of CrimsonLogic reviewed the E-learning Portal by explaining the various functionalities.
Following a tempting tea spread, more than 160 practitioners and support staff proceeded to attend the afternoon session on the Electronic Filing System ('EFS') Seminar and Exhibition. We were honoured to have the presence of the Registrar of the Supreme Court, Mr Chiam Boon Keng. The Chairman of the EFS Committee, Mr Andrew Chan, chaired the Seminar and was also the moderator for the 'Q&A' session that was held at the end of the session.
SAR Tan Boon Heng updated participants on the EFS and gave an introduction of the EFS Criminal Module. Mr Adrian Tan of CrimsonLogic spoke on migration to the Web, the new services available, the registration process, software licensing, configurations, pricing and an interesting seven-step procedure for implementing EFS (FE-Web) for new users. Mr Edwin Lim of Pacific Internet explained the concept of Broadband Technology while Mr Toh Kok Seng of Lee & Lee and Mr Ho Meng Third of CW Lee.Peng.Chia.Philip shared their firms' experiences on migration and highlighted the pitfalls to avoid.
The event was brought to a close with a 'Q&A' session.
William Phua
Law Society of Singapore
This is the keynote address of Mr Palakrishnan, SC, President, Law Society of Singapore, on 28 September 2001 at the Merchant Court Hotel.
What matters most
about a new technology is not how it works, but how people use it and the
changes it brings about in human lives. With the advent of technology and the
communications revolution, there is already the death of distance and its
effects are enhanced by the sheer versatility of the internet. It is a library,
marketplace, meeting place, computing platform and distribution chain. The
recognition of these capabilities of the internet is what has led the Law
Society of Singapore to spearhead a revitalisation of our website into a
full-fledged portal.
Fellow practitioners, our partners-in-progress and vendors, guests, ladies and gentlemen. It is a pleasure and privilege this morning to welcome you to the Launch of the Law Society of Singapore portal - www.lawsociety.org.sg - and pilot project on e-learning, CLE@LawSoc.
I am heartened by your presence as a show of support for this new initiative and virtual milestone of the Law Society, which was announced in my Opening of Legal Year speech and which is also seeing fruition before we close the year in review.
Until about half a millennium ago and more, books and pamphlets were written by hand. They were rare, expensive and exclusive to those who could afford them. This obviously meant that the flow of information and knowledge was tightly controlled and disseminated slowly. When the printing press was invented, things improved tremendously but still not instantaneously. Although law was an exception in the sense that legislation was necessary to be available to the public, the law was written in almost a foreign language to all but the highly trained and, usually, well-paid lawyer. With progress has come, ironically, the move to use plain English and the advent of the World Wide Web. Suddenly, the law has become accessible to the laity. However, responsible provision of legal information and accurate exposition of the law is still something that can only be undertaken by those who have training in the law. With the proliferation of information, it is important that information provided continues to be current, relevant and precise.
The creation of such a portal puts a heavy responsibility on the Law Society and is, therefore, one which must be stringent in its quality content control. Whilst we are still at a threshold of having just given birth to this new project, nurturing it with continuous enhanced services is a must. To this end, we welcome feedback from members on how the site can be improved.
Change is always unsettling and we are living through one of the fastest periods of technological change the world has known. But at the heart of the communications revolution lies something that will, in the main, benefit humanity: the global diffusion of knowledge. This is a revolution about opportunity and increasing human contact. It will be easier than ever before for people with initiative and ideas to turn them into business ventures. It will be easier to learn new things, acquire new skills. The revitalisation of our portal and the launch of our e-learning pilot project seeks to do both. It is with this purpose that the Law Society's Information Technology Committee, chaired by Mr Jim Lim and Mr Ho Meng Third of its Internet Sub-committee, together with our Secretariat IT Department led by Director Mr William Phua, have spent valuable man-hours this past year undertaking the onerous task of setting-up and sustaining a progressive, informative portal for our members - with sections accessible to the general public - in keeping with changing needs of the legal profession as well as the increasingly techno-savvy member of the public.
The recent dot.com crescendo has sadly crashed and the global economy is caught in a downturn syndrome. But it is my belief that there are signs of life still indicating that info-communications technology will continue to be a key driving force for the future. A survey conducted jointly by the Department of Statistics and the Info-communications Development Authority of Singapore indicates total B2B e-commerce sales in Singapore jumping from S$5.7bn in 1998 to $92bn in 2000 and is projected to reach S$109bn by the end of this year. Thus, we should be far from writing off the ICT revolution and reverting to our old ways of doing things. I'm no economist, but I say that we must seize opportunities because sometimes great opportunities disguise themselves as impossible situations.
The most important effect of the death of distance will be to narrow gaps, not widen them. To this end, it is the Law Society's hope that making changes with a progressive and accessible portal will allow law firms, especially our smaller firms, to compete with the rest in the provision of services. You will find that the electronic world will have created new opportunities rather than suppressed them, opened more doors instead of shutting them. Communication is after all, the essence of the provision of legal services. And it must, therefore, be all about bridging divides.
Once again, I commend our working committees on this project: the IT Committee and the Internet Sub-committee, the Continuing Legal Education Committee and their members, volunteers - all of them, our IT Department and CrimsonLogic, our partner in this project. And I thank you all for coming to share this exciting moment as I now declare the official launch of the Law Society Portal and e-learning Portal.
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E-Court |
Family Justice Centre |
Waiting Area |
The Council of the Law Society and the Family Practice Committee could hardly turn down an invitation from the Family and Juvenile Court to attend a sneak preview of their new premises, prior to the court becoming fully operational at their new address on 1 October 2001.
So one dusky evening, a group of us trundled down to 3 Havelock Square, where we were brought on a guided tour of the building by Ms Daphne Hong, Deputy Registrar.
Few know the history of this grand old building that never fails to draw one's attention when one is in the Havelock or Subordinate Courts vicinity, what with its grand columns and imposing façade. Designed in 1928, it served first as the Chinese Protectorate Building - a place to protect and house Chinese immigrants in Singapore. In 1956, the then Ministry of Labour and Welfare moved in and remained till 1990, after which it housed the Small Claims Tribunal till 1994. Two years ago, repair and restoration works commenced, and from October this year, it has become home to the Family Court which was previously sited at Paterson Road, and the Juvenile Court which was, until now, located within the Subordinate Courts.
The new Family and Juvenile Court houses ten courtrooms, ten hearing chambers, a Family Registry and a Family Justice Centre. The courtrooms are large and airy, and not too sombre nor intimidating. The court also boasts enhanced facilities, such as video conferencing, audio recording of hearings, an electronic queue management system, a legal clinic offering free legal counselling, a Children's Room to keep children occupied while their parents attend hearings, a nursing room for mothers and their babies and a Children's Resource Centre fully equipped with computers and resource materials for older children. The use of soft lighting, cosy armchairs and carpeting in earth tones throughout lend a warm, unhurried and peaceful ambiance to the place, which must be very soothing and calming for frazzled nerves.
Much thought and care has been put into creating services and facilities that cater to the physical as well as psychological needs of visitors. Afterall, visitors to the court hardly come here under the happiest of circumstances, and it helps that once inside the court, they are put at ease and are in comfortable, non-threatening surroundings where their needs have been anticipated. In the words of Mdm Ellen Lee, Chairman, Law Society's Family Practice Committee: 'The new court is very impressive. I'm very happy that it has been done up in a way that allows divorcing couples to bury their marriage with dignity'.
Sharmaine Lau
Law Society of Singapore
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Family and Juvenile Court |
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| Family Justice Division | Tel: 435 5110 Fax: 435 5112 |
| Juvenile Justice Division | Tel: 435 5106 Fax: 435 5108 |