03 March 2015
Singapore Law Watch
Notices & Directions
Continuing Legal Education
Skip to content
FROM THE SUPREME COURT (exclusive to SLW)
Supreme Court Note: Mohammed Ibrahim s/o Hamzah v PP  SGHC 269 (sentencing principles for National Service defaulters)
The accused was sentenced to two months’ imprisonment for defaulting on his National Service obligations. The period of default was about one year and three months. The SHC allowed the accused’appeal against sentence of with a fine of $3,000.
Supreme Court, 27 Jan 2015
Supreme Court Note: PP v Chum Tat Suan  SGCA 59 (application of ss 33B(2)(a), 33B(3)(a) Misuse of Drugs Act)
The PP sought clarification from the SCA on three questions of law relating to the application of ss 33B(2)(a) and 33B(3)(a) of the Misuse of Drugs Act.
Supreme Court, 26 Jan 2015
Supreme Court Note: Woo Kah Wai and another v Chew Ai Hua Sandra and another appeal  SGCA 41 (whether an offer to purchase an option to purchase is legally enforceable)
The SCA clarified that in principle and in general, a contract to grant an option to purchase a property on certain specified terms is enforceable as long as the requirements for an enforceable contract are present.
Supreme Court, 23 Jan 2015
Supreme Court Note: TYC Investment v Tay Yun Chwan Henry  SGHC 192 (implication of term into divorce settlement agreement to regulate exercise of director’s powers)
The SHC clarified that where a board was deadlocked in relation to the matters raised at an EGM which could not be broken another way under the company’s constitution, it was necessary for the shareholders to have limited reserve powers...
Supreme Court, 21 Jan 2015
Dismantling human trafficking: The need for a dedicated piece of legislation
The article explains the reasons and motivations behind the introduction of the Prevention of Human Traffi cking Bill and its main tenets...
Law Society of Singapore, 26 Feb 2015
MAS consults on draft amendments to Banking Act to strengthen supervisory oversight over banks
The proposed changes take into account market developments and international regulatory standards and best practices. The MAS is amending the BA to strengthen its supervisory oversight over banks and to codify its current supervisory expectations...
Allen & Gledhill, 23 Feb 2015
Companies Act: Easing of prohibition against financial assistance
With Parliament passing the Companies (Amendment) Act, only public companies and their subsidiaries will be subject to the prohibition on financial assistance…
Shook Lin & Bok LLP, 12 Feb 2015
Changes to Singapore Companies Act expected to come into force in Q2 2015
This is to agencies and stakeholders concerned additional time to adjust and prepare for the legislative changes…
Allen & Gledhill, 11 Feb 2015
Key legislative and regulatory developments in Singapore for the year 2014
This executive summary gives a succinct discussion on key statutory and regulatory developments in the areas of capital markets, company law, dispute resolution, employment law, IP, life sciences, personal data protection, real estate, tax and crime…
Rajah & Tann, 06 Feb 2015
Financial Advisers Act and Insurance Act amended to implement policy proposals under the Financial Advisory Industry Review
One key policy proposal is the balanced scorecard framework, which requires every financial adviser (unless exempted) to have a framework for reviewing and assessing the performance of its representatives and supervisors for the purpose of determining ...
Baker & McKenzie.Wong Leow, 04 Feb 2015
Recent updates in employment law
This executive summary looks at the Industrial Relations (Amendment) Bill which gives wider union, and the MediShield Life Scheme Bill which require all Singaporeans and PRs to pay regular premiums or face penalties…
Rajah & Tann, 03 Feb 2015
Personal Data Protection Act 2012: New Regulations on appeals
The Personal Data Protection (Amendment of Seventh Schedule) Order 2015 and the Personal Data Protection (Appeal) Regulations 2015 which provides for the constitution and proceedings of the Appeal Panel and Appeal Committees and procedures for appeals...
Drew & Napier LLC, 29 Jan 2015
Recent amendments to the Companies Act: Rethinking dual-class shares in Singapore –caveat emptor?
This article focuses the spotlight on the recent amendments to the Companies Act, in particular to the removal of the one share one vote restriction…
Law Society of Singapore, 27 Jan 2015
377A: Law and Morality
The SCA in Lim Meng Suang v AG  1 SLR 26 held that legislation criminalising gay male sex is not unconstitutional. This executive summary looks at the relationship between law and morality in relation to s 377A Penal Code…
Law Society of Singapore, 23 Jan 2015
Land Acquisition Act: Legislation update
Recent amendments sought to improve compensation for owners affected by compulsory acquisition of privately owned land for public purposes, and enhance the efficiency of the land acquisition process…
Rodyk & Davidson, 19 Jan 2015
Companies (Amendment) Act 2014 gazetted but not in force yet
When in force, the Amendment Act will amend the Companies Act to introduce wide ranging changes to reduce regulatory burden on companies, provide greater business flexibility and improve the corporate governance landscape in Singapore…
Allen & Gledhill, 05 Jan 2015
Stamp Duties Act to be amended: Extending seller’s stamp duty relief to disposal of industrial property for restructuring purposes
Amendments include introducing an exemption from Seller’s Stamp Duty for transfers of industrial properties arising from corporate restructuring, allowing the Commissioner of Stamp Duties the discretion to allow stamp duty refunds...
Allen & Gledhill, 12 Dec 2014
Income Tax (Amendment) Bill 2014 passed in Parliament: Implementing tax changes in 2014 Budget Statement
Changes include: the PIC scheme will be extended for three years, 100% tax deduction for qualifying IP registration costs will be extended for another five years…
Allen & Gledhill, 12 Dec 2014
Companies Act – Amendments relating to directors
Many of the amendments to the Act pertain to shadow directors, appointment, qualifications, disqualification, vacation of office and removal of, payment of compensation for loss of office, amongh others...
Drew & Napier LLC, 11 Dec 2014
Health Products (Licensing of Retail Pharmacies) Regulations 2015 and proposed Health Products (Advertisement of Therapeutic Products) Regulations 2015: HAS consults on proposed regulations
The draft subsidiary legislation pertain to controls of advertisements of therapeutic products and licensing of retail pharmacies…
Allen & Gledhill, 11 Dec 2014
Industrial Relations (Amendment) Bill 2014 introduced in Parliament: Representation of executive employees in collective bargaining
The Bill seeks to allow trade unions to represent executive employees for collective bargaining, and to extend the areas where rank and file trade unions can represent executive employees on an individual basis to include re-employment disputes…
Allen & Gledhill, 10 Dec 2014
Bills passed in Parliament to establish the Singapore International Commercial Court
The SICC will be an international court with specialist jurists hearing international commercial disputes as well as disputes governed by foreign law…
Allen & Gledhill, 09 Dec 2014
Probing the law on probation: Suggestions for reform
This article discusses the anomalies in relation to s 5 Probation of Offenders Act that were raised by the SHC in Mohamad Fairuuz bin Saleh v PP  SGHC 264 and proposes practical solutions to rectify those anomalies…
Law Society of Singapore, 02 Mar 2015
IPOS Case Summary: Japan Tobacco v Philip Morris Products  SGIPOS 4 (whether marks and goods similar that may lead to confusion)
The Registrar found that the marks were similar. The word "Activate"was the dominant and distinctive component of the "Activate 2-in-1 Mark"…
Intellectual Property of Singapore, 25 Feb 2015
Commercial disputes – developments in 2014
This executive summary looks back at some of the more significant decisions in commercial law in 2014. In particular, we look at the areas of company law, banking and insolvency, and admiralty law…
Rajah & Tann, 25 Feb 2015
SHC: Specificity in pleadings – When “I can’t remember” isn’t enough
The SHC in Chandra Winata Lie v Citibank  SGHC 259 held that the failure of memory does not relieve the plaintiff of his usual burdens of pleading…
Rajah & Tann, 18 Feb 2015
Singapore High Court holds that the Riddick principle ceases to apply once a document has been used in open court
The SHC in Foo Jong Long Dennis v Ang Yee Lim  SGHC 23 held that the Riddick principle ceases to apply once a document has been used in open court…
Baker & McKenzie.Wong Leow, 17 Feb 2015
SHC considers diametrically opposed interpretations of sub-lease agreement in granting landlord’s claim against tenant for wrongful possession of premises
The SHC in Soup Restaurant Singapore v Y.E.S. F&B Group  SGHC 246 reiterated the essential legal requirements for a valid lease to exist at law, considered the law on termination of leases, and clarified the legal effect of the termination...
Allen & Gledhill, 17 Feb 2015
Latest developments: Construction; employment
This executive summary discusses the case of CKR Contract Services Pte Ltd v Asplenium Land  SGHC 266 concerning the validity of a clause in a contract which seeks to limit the grounds for injunctive relief to fraud...
WongPartnership LLP, 16 Feb 2015
SCA: Exchange of information with foreign tax authorities
The SCA in ABU v Comptroller of Income Tax  SGCA 4 held that the court’s role was not to substantively review the request for information, and that it need not go beyond the statements made in the request for information to ascertain their veracity…
Rajah & Tann, 16 Feb 2015
SCA finds respondent held trade marks for “Ku De Ta” on express trust for appellants
The SCA in Guy Neale v Nine Squares  SGCA 64 had created an express trust over the trade marks for the appellants from the respective dates of registration of the two marks…
Allen & Gledhill, 16 Feb 2015
SHC grants Mareva injunction against former officers of shipping company in liquidation
The SHC in Parakou Shipping v Liu Cheng Chan  SGHC 244 granted a Mareva injunction to restrain a company's former officers and other companies which they controlled from dissipating assets…
Allen & Gledhill, 12 Feb 2015
SCA holds shareholder with majority voting power disentitled from claiming relief under s 216 Companies Act
The SCA in Ng Kek Wee v Sim City Technology  SGCA 47 Court of Appeal held that the underlying purpose of s 216 is to address and remedy commercially unfair practices against shareholders who lack the power to stop such prejudicial conduct...
Allen & Gledhill, 11 Feb 2015
IPOS Case Summary: Romanson Co Lt. v Festina Lotus SA  SGIPOS 3 (whether there was non-use of trade mark under s 22(1)(a), (b) Trade Marks Act)
There was insufficient evidence to support a finding of use. Therefore, the mark was revoked…
Intellectual Property of Singapore, 11 Feb 2015
SHC – Proof of debt in liquidation: Claims for informal arrangements
The SHC in Ong Kian Hoy v Liquidator of HSS Engineering  SGHC 262 held that the plaintiff's waiver of a loan to a liquidated company, of which he was a director and shareholder, stood as he has received consideration for it having benefited...
Rajah & Tann, 10 Feb 2015
SCA: Exclusion of set-off clauses and the UCTA “reasonableness” requirement
The SCA in Koh Lin Yee v Terrestrial Pte Ltd  SGCA 6 decided that the UCTA did not apply to no set-off clause found in the loan agreement, and even if the UCTA applied, the clause met the reasonableness requirement…
Lee & Lee, 06 Feb 2015
SCA clarifies the “offer to settle” regime
The SCA in Ong & Ong v Fairview Developments Pte Ltd  SGCA 5 held that an offer to settle had not lapsed and was validly accepted by the respondent...
Lee & Lee, 05 Feb 2015
Arbitration in 2014: Looking Ahead to 2015
This executive summary looks back at the significant 2014 Singapore Court decisions involving arbitration that either dealt with novel points of law, or were noteworthy in that they differ from the equivalent English position…
Olswang, 04 Feb 2015
SHC overturned arbitral tribunal’s decisionthat China-Laos bilateral investment treaty be extended to Macau
SHC held in Government of the Lao People’s Democratic Republic v Sanum Investments: that a question of international law is justiciable if it bears on the application of domestic law…
Baker & McKenzie.Wong Leow, 03 Feb 2015
Arbitration Law – Developments in 2014
This executive summary looks at some of the noteworthy Singapore cases in the area of arbitration law in 2014, as well as their implications and influence...
Rajah & Tann, 29 Jan 2015
Strata Titles Board holds that child safety is paramount over concerns of building appearance and uniformity
The STB held that the "invisible" grilles the subsidiary proprietor sought to install for the safety of his young children fell within the ambit of the Prescribed By-Law, and would have a minimal impact on the appearance of the building...
Lee & Lee, 28 Jan 2015
SHC: Setting aside SOPA determinations
The SHC in Quanta Industries v Strategic Construction  SGHC 02 held that an adjudicator is only entitled to award payment from the main contractor to the sub-contractor, and not the other way around...
Rajah & Tann, 27 Jan 2015
IPOS Case Summary: Intel Corporation v Intelsteer  SGIPOS 2 (whether grounds for invalidation under ss 23(3)(a)(i), (3)(a)(iii) and (3)(b) Trade Marks Act met)
The ground of objection under s 23(3)(b) (passing off) succeeded. There was evidence that the Applicants had goodwill in Singapore. Grounds of objection under ss 23(3)(a)(i) and (3)(a)(iii) failed…
Intellectual Property of Singapore, 21 Jan 2015
IPOS Case Summary: Redsun Singapore v Tsung-Tse Hsieh  SGIPOS 1 (whether subject marks confusingly similar to applicant's marks)
The application for a declaration of invalidity was successful on the ground of passing off as the elements of goodwill, misrepresentation and damage were proven…
Intellectual Property of Singapore, 19 Jan 2015
SHC: Parties’ obligations under letter of credit transaction
The SHC in Grains and Industrial Products Trading v Bank of India and Indian Bank  SGHC 274 rejected Indian Bank’s defence of “late negotiation” and therefore ordered them to pay Grains the amount under the letter of credit…
Shook Lin & Bok LLP, 15 Jan 2015
SCA: The incorporation of standard terms into a concluded agreement
The SCA in R1 International v Lonstroff  SGCA 56 held that the standard terms had been successfully incorporated, even though the contract note, which was never signed, was sent after the basic agreement had been concluded…
Rajah & Tann, 14 Jan 2015
SHC: How should a plaintiff plead a case if he cannot remember material facts?
The SHC in Chandra Winata Lie v Citibank  SGHC 259 held that the plaintiff's amended statement of claim was not a proper claim for unauthorised investment trading as he did not assert as a fact that he did not authorise the relevant transactions...
RHTLaw Taylor Wessing LLP, 13 Jan 2015
Jail term as new benchmark sentence for careless driving causing death – PP v Hue An Li: A case commentary
This article examines the court’s reasoning in PP v Hue An Li  SGHC 171 in increasing the benchmark sentence, and briefl y discusses the uncertainties in the application and scope of the new benchmark…
Law Society of Singapore, 07 Jan 2015
The Singapore approach to scrutiny of arbitral awards
International arbitration must, out of necessity, rely on the courts to uphold and enforce arbitral awards and to support the arbitral process…
Clyde & Co, 07 Jan 2015
The implied term of mutual trust and confidence
This article explores the Implied Term of Mutual Trust and Confidence which was recently considered by the Court of Appeal in Wee Kim San Lawrence Bernard v Robinson  SGCA 43...
Law Society of Singapore, 06 Jan 2015
SCA finds no breach of natural justice and allows appeal against setting aside of arbitration award
The SCA in BLC v BLB  SGCA 40 found that there was no breach of natural justice and reversed the High Court’s judgment, reinstating the arbitral award…
Allen & Gledhill, 06 Jan 2015
SHC grants application by “sleeping” director for inspection of company’s accounts
The SHC in Lim Kok Leong v Seen Joo Company  SGHC 239 found that the company must allow all directors the right to inspect the books regardless of whether the director in question was active or inactive…
Allen & Gledhill, 06 Jan 2015
A tale of two real estate agents: Lessons in structuring an offer to purchase
This article discusses the Offer to Purchase, and the lack of familiarity with had led to a sale breaking down and the ensuing court case of Chew Ai Hua, Sandra v Woo Kah Wai  SGHC 12...
Law Society of Singapore, 05 Jan 2015
CCS clears SIA-Tiger rights issue: First acquisition cleared pursuant to alternative exit argument
CCS agreed that the Proposed Transaction would be less detrimental to competition in Singapore as compared to the scenario where Tigerair Holdings would have exited its operations in the absence of the Proposed Transaction...
Allen & Gledhill, 05 Jan 2015
Latest developments: Majority shareholders; international arbitration; wills and succession
This executive summary looks at the cases of Ng Kek Wee v Sim City Technology  SGCA 47; Kuek Siew Chew v Kuek Siang Wei  SGHC 237 and arbitration centres in Asia…
WongPartnership LLP, 24 Dec 2014
SCA: PP v Leng Kah Poh - Former IKANO F&B manager's acquittal overturned following Singapore Court of Appeal's decision
The SCA in PP v Leng Kah Poh held that an agent who had initiated, masterminded or co-conspired in the payment of a gratification to himself could still be found to have been induced or rewarded in respect of his principal's affairs…
Baker & McKenzie.Wong Leow, 19 Dec 2014
IPOS Case Summary: Time Inc v Li San Zhong  SGIPOS 14 (whether subject marks confusingly similar to applicant's marks)
The principal assistant registrar held that the respective pairs of marks were not found similar on the whole. The applicants also could not establish a likelihood of confusion, even if it were assumed that the competing marks were similar…
Intellectual Property of Singapore, 10 Dec 2014
Does the High Court have unfettered power to admit to bail? An overview
This article seeks to answer whether the High Court has statutory limitations on their power to grant bail in a criminal case, as in the State Courts…
Law Society of Singapore, 09 Dec 2014
SHC: Reflecting commercial reality in enforcing personal guarantees
The SHC in Bank of China v Huang Ziqiang  SGHC 245 held that the guarantee and the undertaking were enforceable against the guarantor, as the latter had failed to establish a case for fraud…
RHTLaw Taylor Wessing LLP, 08 Dec 2014
Behavioural and divestiture commitments – a new era for CCS? Acquisition of JobStreet Singapore by SEEK Asia Investments Pte Ltd
SEEK offered a number of behavioural and divestiture commitments to CCS which were accepted as CCS considers that these commitments would mitigate the likely anti-competitive effects of the merger...
Baker & McKenzie.Wong Leow, 03 Dec 2014
Bilateral investment treaty interpretation: An ‘internationalist spirit’ tempered by context: Government of the Laos People’s Democratic Republic v Sanum Investments  SGHC 15
The SHC in Government of the Laos People’s Democratic Republic v Sanum Investments  SGHC 15 concluded that neither the China nor Laos had intended for a bilateral investment treaty to apply to Macau…
Singapore Law Watch, 03 Mar 2015
Offer to settle: Ong & Ong v Fairview Developments  SGCA 05
The SCA in Ong & Ong v Fairview Developments  SGCA 5 held that a global offer-to-settle could only automatically lapse if all the claims and counterclaims covered by it had been disposed of…
Singapore Law Watch, 02 Mar 2015
Administering the discretionary death penalty in murder: PP v Kho Jabing  SGCA 1
The SCA in PP v Kho Jabing  SGCA 1 were split in imposing the death penalty for murder under s 300 Penal Code as the judges disagreed on the findings of fact, which demonstrates the difficulties of the "outrage the feelings of the community" test...
Singapore Law Watch, 17 Feb 2015
Sub judice contempt of court in Singapore and the need for clarification
This commentary seeks to briefly explore the rationale of the sub judice rule in relation to the Hong Lim Park Incident, as well as the boundaries of its application...
Singapore Law Watch, 13 Jan 2015
Eligibility for probation: Definition of “fixed by law”: Mohamad Fairuuz bin Saleh v PP  SGHC 264
The SHC held that a sentence “fixed by law” is one where the court has absolutely no discretion as to the type of sentence and the quantum of the prescribed punishment…
Singapore Law Watch, 09 Jan 2015
The sentencing of “couriers" under section 33B of the Misuse of Drugs Act: PP v Chum Tat Suan  SGCA 59
The SCA looks at whether a defendant, having been found guilty of drug trafficking, can raise the Courier Plea during sentencing, whether a repacker of drugs can raise the same plea…
Singapore Law Watch, 26 Dec 2014
Latest developments: Variable interest entity; insolvency and arbitration; Singapore-France Tax Convention; "no set-off" clauses; regulatory framework for secondary listings
This executive summary dicusses China's proposed new foreign investment rules, stay of winding up petition in favour of arbitration, SIN-FRA new DTA's withholding tax rates for dividends and anti-abuse provisions…
Stamford Law Corporation, 02 Mar 2015
A snapshot of Singapore's derivatives reporting framework
Every specified person who is a party to a specified derivatives contract is required to report to a licensed trade repository or licensed foreign trade repository…
Baker & McKenzie.Wong Leow, 26 Feb 2015
MAS proposes changes to market misconduct offences, reverses Airocean’s legal holding
The proposed changes fall into two broad areas: MAS’ regulatory oversight over OTC derivatives; and market misconduct, short selling, and the recognition of foreign collective investment schemes…
WongPartnership LLP, 25 Feb 2015
Is protecting your customers’ data really that important?
Data is the new “oil” for today’s commerce and losing your customers’ data in any form or manner can be fatal to your company…
Joseph Tan Jude Benny LLP, 23 Feb 2015
MAS consults on changes to MAS Notices on submission of statistics and returns by banks and merchant banks
The consultation paper contains proposals to revise the data collected under MAS Notice 610 and MAS Notice 1003: proposed format and content of the reporting forms; reporting deadlines for the monthly, quarterly, half-yearly and yearly reporting forms...
Allen & Gledhill, 23 Feb 2015
MAS takes further steps to ease understanding of investment information for investors
Proposals include issuance of Product High Sheets for any offer of plain vanilla debentures, preference shares, perpetual securities and other investments and incorporation by reference of certain information into prospectuses…
WongPartnership LLP, 18 Feb 2015
MAS and SGX conduct second round of consultation on details for implementing policy proposals to facilitate bond offerings to retail investors
Consultation contains draft legislation to effect the policy proposals to facilitate bond offerings to retail investors, and proposed Listing Rules requirements on trustee, trust deed and continuing listing obligations for bonds…
Allen & Gledhill, 18 Feb 2015
Singapore's Health Sciences Authority streamlines regulations of "therapeutic products" with proposed changes to the Health Products Act
This executive summary discusses the public consultations on the proposed changes to the Health Products (Advertisement of Therapeutic Products) Regulations 2015 and the Health Products (Licensing of Retail Pharmacies) Regulations 2015...
Baker & McKenzie.Wong Leow, 16 Feb 2015
Changes to CPF contribution rates from 1 January 2015
Rates for all employees have been increased to help employees grow savings for retirement and healthcare needs.
Allen & Gledhill, 16 Feb 2015
Singapore plans to step up anti-corruption measures
In an effort to restore Singapore's leading reputation for non-corruptibility, measures to deal corruption include reviewing the Prevention of Corruption Act, increase in CPIB manpower and the set up of the One-Stop Corruption Reporting Centre…
Baker & McKenzie.Wong Leow, 12 Feb 2015
Latest developments: Dispute resolution, financial assistance prohibition for private companies, corruption
This executive summary features the Singapore International Commercial Court, financial assistance prohibition for private companies and case law relating to corruption...
Stamford Law Corporation, 04 Feb 2015
Latest developments: Intellectual property
This executive summary discusses the GST (Amendment) Act in relation to acquisiton of IP rights or licences, copyright infringement, Community design, trademark infringement…
WongPartnership LLP, 04 Feb 2015
Competition Law in 2014 and trends for 2015
This executive summary charts the CCS' efforts in enforcing competition law in Singapore…
Rajah & Tann, 28 Jan 2015
Factoring TIC offences to enhance sentence: The extent and limit
This articles seeks, by reference to recent judgments of the SHC, to spell out the extent and limit of the employment of "taken into account" offences to enhance sentences for proceeded charges…
Law Society of Singapore, 26 Jan 2015
Latest developments: Inability to remember material facts; sustainability reporting; eMarketing; negligent driving; Security of Payment Act; easements
This executive summary covers Chandra Winata Lie v Citibank  SGHC 259, sustainability reporting for listed companies, regulatory requirements for electronic marketing, new sentencing benchmark of imprisonment for negligent driving causing death…
RHTLaw Taylor Wessing LLP, 23 Jan 2015
A new chapter in Singapore's transfer pricing regime
The revised Transfer Pricing Guidelines represent the IRAS’ clear recognition of the increasing complexity in transfer pricing arrangements, and the need for timely and more transparent reporting of transfer pricing within a multinational group…
PwC Singapore, 23 Jan 2015
Patent Prosecution Highway: An update
European Patent Office has entered into a PPH arrangement that is similar to the existing arrangements that IPOS has with other intellectual property offices in China, Mexico and Germany…
Drew & Napier LLC, 21 Jan 2015
The next chapter: Singapore launches the International Commercial Court
The establishment of an international commercial court builds upon and complement the success of Singapore's vibrant arbitration sector, and allow the country's judicial institutions and legal profession to serve the regional and the global business...
Baker & McKenzie.Wong Leow, 20 Jan 2015
Singapore Law Gazette Awards 2014 - Commendation: Solicitor’s ethical duty to evaluate economics of litigation; patents and genetic testing; Deutsche Bank v Chang Tse Wen  SGCA 49
The following articles are commendations of the Law Gazette Awards 2014, which were deemed to have displayed depth of analysis and research, thought leadership and impeccable writing style…
Law Society of Singapore, 20 Jan 2015
Recalibrating the property cooling measures
This executive summary looks at ways that the financial control and stamp duty measures can be recalibrate...
Rodyk & Davidson, 20 Jan 2015
Singapore Law Gazette Awards 2014 - Winners: Deutsche Bank v Chang Tse Wen  1 SLR 1310; Harassment Act
The following articles are winners of the Law Gazette 2014 Best Feature Article and Best Feature Article by a Young Lawyer, which were deemed to have displayed depth of analysis and research, thought leadership and impeccable writing style…
Law Society of Singapore, 19 Jan 2015
Franchising: Investors beware! Understanding the legal aspects of franchising in Singapore
This executive summary highlights the legal issues that a potential investor should take note of as Singapore does not have specific franchise laws...
Rodyk & Davidson, 15 Jan 2015
SGX announces launch of bond trading platform
The platform aims to become an Asian Liquidity Centre for both high-yield and investment-grade corporate bonds.
Allen & Gledhill, 15 Jan 2015
Singapore’s regulatory framework for electronic marketing: Practical tips for compliance
This executive summary looks at the two pieces of legislation that govern electronic marketing: Spam Control Act and the Personal Data Protection Act, more specifically, the Do-Not-Call Registry…
RHTLaw Taylor Wessing LLP, 14 Jan 2015
Minority lenders in syndicated loans
This executive summary examines the pitfalls that a lender looking to take minority shareholding in a syndicate should be aware of…
Rodyk & Davidson, 14 Jan 2015
MAS issues new Notice on Minimum Liquid Assets and Liquidity Coverage Ratio
New MAS Notice 649 will introduce a new liquidity requirement framework for banks, finance companies and merchant banks…
Allen & Gledhill, 14 Jan 2015
The Singapore International Commercial Court: Now open for business
The establishment of the SICC compliments Singapore's pre-existing ADR institutions. Singapore now provides a full suite of dispute resolution options for commercial parties…
Clyde & Co, 13 Jan 2015
Delisting From SGX
This executive summary discusses what delisting entails, and recent announcements made by SGX in relation to compulsory delisting...
Rodyk & Davidson, 13 Jan 2015
Ministry of Manpower curbs an employer's work pass privileges - The dawn of a new era in Singapore's employment practices?
This case is notable as this is the first time that such a sanction has been imposed by the MOM for engaging in discriminatory employment practices in breach of the Fair Consideration Framework…
Baker & McKenzie.Wong Leow, 09 Jan 2015
Tripartite partners introduce two new initiatives to boost employment support for PMEs
The two new initiatives announced are a one-stop career resource portal, and enhanced funding support for Professional Conversion Programmes…
Allen & Gledhill, 09 Jan 2015
The changing landscape of family justice in Singapore
This executive summary looks at the changes to family justice with the promulgation of the Family Justice Act formation of the Family Justice Courts…
Joseph Tan Jude Benny LLP, 26 Dec 2014
MOM releases tripartite guildelines on issuance of key employment terms in writing
The KET Guidelines makes certain terms in writing mandatory, which include among others: work days and hours of work, rest days, information on salary, leave entitlement…
Rajah & Tann, 26 Dec 2014
Latest developments: Reserve powers of management; board lot size of securities; bribery
This executive summary discusses whether reserve powers may devolve to shareholders in general meeting, reduction of board lot sizes to 100 units, and who bears the liability of an intermediary's actions...
Stamford Law Corporation, 24 Dec 2014
Patent prosecution highway
The Patent Prosecution Highway is a programme that allows for the sharing of search and examination results between participating patent offices. The goal is to allow applicants in participating countries to obtain corresponding patents quickly…
Drew & Napier LLC, 19 Dec 2014
MAS issues public consultation on a review of insurance returns
MAS proposed revisions to the information requirements in the returns as well as the presentation format and to reporting requirements for specialist insurers…
Allen & Gledhill, 18 Dec 2014
MAS announces launch by Singapore and China of new initiatives in offshore RMB market, capital markets and insurance
Initiatives include direct currency trading between the Chinese Yuan and Singapore Dollar and allowing China-incorporated financial institutions to issue RMB-denominated debt instruments in Singapore directly…
Allen & Gledhill, 16 Dec 2014
MAS consults on proposed amendments to MAS Notice 1111 on risk based capital adequacy requirements for merchant banks incorporated in Singapore
Proposed amendments to MAS Notice 1111 incorporate key elements of the Basel III capital standards and aim to strength the capital framework for merchant banks…
Allen & Gledhill, 16 Dec 2014
MAS to implement leverage ratio disclosure requirements for banks incorporated in Singapore
The revised MAS Notice 637 to enhance the transparency and comparability of disclosures relating to the composition of leverage ratio across banks…
Allen & Gledhill, 12 Dec 2014
[INT] Adjudication heads east
Statutory adjudication has been a great success in the UK, where it was first introduced. Other jurisdictions are following the UK lead and introducing more flexibility to the process…
Clyde & Co, 12 Dec 2014
The basic structure doctrine in Singapore: A reply
This article argues that Singapore case law does not support the “basic structure” doctrine but that the Constitution features several fundamental principles that are either not necessarily “basic” such that they are unchangeable or are too general...
Law Society of Singapore, 10 Dec 2014
New tripartite guidelines on extending the scope of union representation for executives
The guidelines provide that employers and unions may agree to further determine the eligibility of executive employees by using their salary levels as a proxy for eligibility, and/or by using the proportion of executives within the organisation...
Drew & Napier LLC, 09 Dec 2014
ACRA to streamline regulatory fee structure
The ACRA will also streamline the current regulatory fee structure after which more than 100 ad hoc transactions previously charged under a pay-per-use model will be made available free of charge…
Allen & Gledhill, 08 Dec 2014
Singapore International Commercial Court: The brave new world of international commercial litigation
This article cautions that certain proposed features of the SICC raise fundamental concerns which need to be addressed and debated, and thus urges further dialogue and consultation with all stakeholders of the Singapore legal system…
Law Society of Singapore, 08 Dec 2014
[INT] Roadmap to an ASEAN competition law and policy
With the adoption of the ASEAN Economic Community, compliance with the respective competition laws may prove challenging for entities to understand the nuances of the ten ASEAN nations…
Rodyk & Davidson, 21 Jan 2015
[GBR] Regulating conduct in banking: Non-UK banks
The HM Treasury's consultation paper on regulating individual conduct in UK branches of foreign banks and PRA-regulated third country investment firms, sets out the proposed Financial Services and Markets Act 2000 (Relevant Authorised Persons) Order 2015.
RHTLaw Taylor Wessing LLP, 20 Jan 2015
[GBR] The new UK diverted profits tax: will it impact your business, and will it survive legal challenge?
Draft legislation enacting a "diverted profits tax" of considerable breadth will potentially apply to many foreign companies doing business in the UK, and many UK companies transacting with affiliates abroad...
Clifford Chance, 13 Jan 2015
[AUS] ACCC authorises resale price maintenance for the first time
Resale Price Maintenance has been "authorised" for the first time in Australian competition law history, which could be a valuable indicator of the limited circumstances in which RPM may be acceptable in Australia and other jurisdictions…
Clifford Chance, 09 Jan 2015
[CHN] Changes to the CIETAC Arbitration Rules: Another step toward internationalisation
The China International Economic and Trade Arbitration Commission has announced a revision to its arbitration rules, which will come into effect on 1 January 2015….
Clifford Chance, 07 Jan 2015
[GBR] Employee lawfully prevented from working for competitor despite period receiving no salary
The court in Sunrise Brokers LLP v Rodgers  EWCA Civ 1373 dealt with the following issue: When an employee stops attending work after his resignation has not been accepted in breach of contract, could the employer lawfully stop paying him?...
RHTLaw Taylor Wessing LLP, 18 Dec 2014
[AUS] High Court of Australia Judgment Summaries: Cantarella Bros v Modena Trading  HCA 48 (whether trade marks inherently adapted to distinguish goods for which they were registered from goods of other persons)
The HCA emphasised that it is necessary to consider the "ordinary signification" of the word or words to persons in Australia concerned with the goods to which the trade mark is to be applied...
High Court of Australia, 10 Dec 2014
[GBR] Constructive knowledge and unsophisticated investors - A matter of common sense?
This executive summary examines the concept of constructive knowledge in Susan Jacobs v Sesame Limited  EWCA Civ 1410, and how financial institutions can take steps to place themselves within the protection afforded by the holding…
RHTLaw Taylor Wessing LLP, 09 Dec 2014
Les Laboratoires Servier v Apotex Inc  UKSC 55 (Public policy, Ex turpi causa): commentary
Public policy – Ex turpi causa
Singapore Management University, 03 Dec 2014
Supreme Court Note
to our free email updates.
Or read SLW via one of the following channels:
Notices & Directions
Continuing Legal Education
Terms, Conditions and Disclaimers
Skip to content