SIAC Launches Revamped Website
SIAC announces the launch of its new, re-branded website on 10 January 2004. Some of the new features include an online directory of SIAC arbitrators, a comprehensive section on fees, a book shop offering special deals on arbitration titles, as well as information on how SIAC can offer support in any arbitration.
Visit the website at www.siac.org.sg. |
China to Further Reform Judicial Services
China — The government is to further strengthen administrative services in the judicial field, reform the management of prisons,
improve the management of lawyers and assist in the efforts to stipulate specific laws for notarial offices.
The remarks were made by Mr Luo Gan, China’s top official on law affairs recently. Mr Luo also went on to say that the role of
administrative arbitration should come into full play to settle disputes at the grassroots. He also urged lawyers to provide
ordinary people with high-quality and efficient services. Efforts should be made to resolve difficulties for ordinary people in taking
cases to court, he said. (Source: www.china.org.cn
)
Death for Killer Rapists
Malaysia — Rapists who cause the death of their victims will be automatically regarded as murderers and face a mandatory death
sentence under a new Cabinet proposal due to be tabled at the next Parliament session in March.
Currently, when a rape victim dies, the rapist is charged under
s 376 of the Penal Code for the rape and separately under s 302 of the Penal Code for the murder. This meant that mens rea had to be
separately established for the murder of the victim. The latest amendment would remove the double-tiered system of having to
charge the accused separately for each offence. Instead, now murder has been prescribed into s 376. Henceforth,
should the rape victim die as a result of the rape, the intention to kill would be established as soon as the accused is found guilty of
rape. (Source: www.thestar.com.my
)
Swiss to Pardon Refugee Helpers
Switzerland — Almost 60 years after the end of World War II, Switzerland has introduced a law pardoning Swiss citizens who
helped Jewish refugees fleeing the Nazis.During the war, despite Switzerland being neutral, it turned away
thousands of Jewish refugees out of fear of offending the Germans. Jacob Spirig, a young Swiss man, helped four elderly Jewish women
over the border from Germany into Switzerland. He was caught and the women were sent back to the concentration camps, where
two later died. Spirig was tried by a Swiss court and sentenced to prison. Many Swiss, like Spirig, opposed the return of Jewish
refugees to Germany. Farmers and even policemen and border guards helped the refugees escape into Switzerland, however,
Switzerland rewarded its exemplary citizens with jail terms, fines, many were fired from their jobs and stripped of their pensions.
Now, six decades later, a law has come into force pardoning these
people. For many, its far too little and far too late. Like thousands of others, Jacob Spirig, didn’t live long enough to see his name
cleared. (Source: news.bbc.co.uk
)
US to Review ‘Youth Executions’
US — The US Supreme Court has said that it would consider the legality of executing people who were under the age of 18 when
their crimes were committed.
The Court is expected to rule on whether such action violated the
constitution’s ban on ‘cruel and unusual punishment’. The hearing centres on the case of a man who was 17 at the time he robbed
and threw a woman off a railway bridge, killing her. The Missouri state Supreme Court, has found executing him to be
unconstitutional. Now the nine justices of the Federal Supreme Court will decide whether the execution should go ahead.
By making the ruling they will be deciding whether it is legal for US states to execute those under 18 when they offended. Since
1998, the US has executed 13 ‘child offenders’ which is two-thirds of the total number of child offenders executed
worldwide. (Source: news.bbc.co.uk)
Judges Strike Deal Over Reforms
UK — Tony Blair’s announcement last year of plans to scrap the post of Lord Chancellor and create a new Supreme Court sparked
controversy mainly among the judges, who claimed it could leave them vulnerable to political interference.
Ministers have now pledged to protect judges by enshrining the independence of the judiciary in new legislation. When the Prime
Minister first announced his plans to overhaul the legal system, it took everyone by surprise and the Prime Minister was accused of
tearing up the constitution and failing to think through the reforms.
Under the new agreement that has been reached, the Lord Chief
Justice would be formally recognised as the leader of the judiciary and he will be given an extra title as President of the Courts of
England and Wales. Judges would be appointed based ‘on merit’ by a new judicial appointments commission whose members
would be mainly made up of people from outside the legal profession. All appointments would be approved by the secretary of state for constitutional affairs. However, his power to reject
candidates would be ‘severely curtailed’.
The reforms, being overseen by Lord Falconer, the Lord Chancellor,
has the backing of the Lord Chief Justice, Lord Woolf, the Judges’ Council and the senior judges of England and Wales.
(Source:news.bbc.co.uk)