SLS 1 NOTES PDF

The Legal history of Singapore - British years - Post-independence years - Expansion years - Refinement years THE BRITISH YEARS 1. Laid down the distinctive features that are still followed today. 2. Before the British arrived, there was hardly a legal system to speak of...

The Legal history of Singapore - British years - Post-independence years - Expansion years - Refinement years THE BRITISH YEARS 1. Laid down the distinctive features that are still followed today. 2. Before the British arrived, there was hardly a legal system to speak of a. Singapore before colonisation was characterised by a plurality of “indirect rules” that applied depending on one’s ethnicity or religion b. British years brought structural and institutional transplants that influenced, and continue to influence, the workings of the present SLS. 3. Introduction of various aspects of the British legal system into Singapore was slow and disorganised a. The founding of Singapore, above all, a political military decision. b. The relative remoteness of territories in the East, coupled with the concentration of decision-making processes in the West 4. The earliest times of British occupation Ø First formal semblance of the British legal system arrived on 1 January 1823 with RaQles’ Code o Probably illegal because RaQles didn’t have the power to proclaim such code. Ø Two aspects of the British legal system were introduced by the 1823 Code: o Established the procedure for the passage of laws § Which we know today as the legislation process § Reg 3 either the resident or magistrate pass can pass legislation… o Established the first courts in Singapore modelled after the British system § Resident court and magistrate court created. Ø Formal British acquisition of Singapore required for changes o Until the British Parliament ratified the possession of Singapore, permanent provisions for the administration of justice in Singapore could not be made o John Crawfurd’s actions in Singapore  § Pragmatic approach… he doubted RaQles Code, abolished magistrate court and replace with court of request… resident court retained. § But again his actions were probably illegal as UK had not rectified SG. 5. The Arrival of the second charter Ø The Second Charter established the Court of Judicature of Prince of Wales’ Island, Singapore and Malacca to administer civil and criminal justice. o A recorder based in Penang (Prince of Wales’ Island) would travel to Malacca and Singapore and headed these courts. Assisted by the governor of the straits settlement and the resident councillor of each settlement. o However, the first recorder disputed his travel arrangements and refused to travel to Singapore and Malacca. He was recalled in 1829. Resaident councillor in each settlement conducted business of their own resident courts, until transfer to Bengal Presidency. Ø DiQiculties created by transfer of Straits Settlements to Bengal Presidency. o This complicated operation of the Second Charter. o Fullerton adopted a decidedly formalistic reading of the Charter and closed the courts § No more recorder etc… so saying charter could not apply o No attempt to promulgate local regulations, much to the dissatisfaction of those in Singapore o Severe lack of judicial resources Ø Third Charter of Justice granted o Created the oQice of the Second Recorder in Singapore o Grant of formalism, and adherence to formalism, proved unable to deal with the substantive problems occasioned by the administration of justice in Singapore o Did not really fix the issues in Singapore’s legal system Ø SUBSTANTIVE CHANGES o Recognising Singapore’s commercial importance, the Straits Settlements was transferred to the Colonial OQice on 1 April 1867 o After the transfer the British introduced changes one of which, formed basis of Singapore legal system: § Legislative authority was vested in the Legislative Council Nominating judges to the bench etc. § Judicial authority was vested in courts that are predecessor courts of today’s modern courts. NB still Severe lack of judicial resources  § Straits Settlements was provided with dedicated legal advisers when Thomas Braddell and Daniel Logan were appointed as Attorney-General and Solicitor General respectively o Process of refinement and development continued until Japanese Occupation Ø End of British Years after WW2 Ø What were the significance of British years? o Shaped SG legal system… THE POST INDEPENDENCE YEARS 1. The consolidation of a new legal system 2. Promulgation of key legal documents a. Constitution and Malaysia (Singapore Amendment) Act i. Moving legislation to Singapore’s legislature. b. Constitution of Singapore (Amendment) Act i. Took eQect retrospectively. ii. Constitutional changes only needed majority as compared to 2/3; was a diQicult time in Singapore and laws had to be passed easily. After 1989 reverted back to 2/3 for constitutional changes. c. Republic of Singapore Independence Act 1965 i. Invest the powers into the legislative and executive branches of Singapore. - Eventually Singapore constitution was redone and reprinted in 1980 which combined the above 3 documents and further amendments. 3. Reorganisation of court system a. Singapore Judiciary remained tied to the Federation of Malaysia b. Constitution (Amendment) Act 1969 constituted the Singapore Judiciary and prescribe the courts’ jurisdiction a. Allowed Singapore judiciary to be independent from the Malaysian’s judiciary. c. Singapore Judiciary was not fully independent, since the Privy Council was still the final court of appeal in Singapore a. Economic reasons.. Dr Goh said appeals to privy council gave a sense of security to foreign investors. d. Eventual abolition of appeals to Privy Council a. Started in 1988 when government felt that privy council had overstepped its boundary in interfered in the sovereignty of Singapore b. During this time before CoA established in SG, appeals to the privy council was stringent 1. i.e. no more civil appeals unless parties agree beforehand  2. no more criminal cases unless death penalty. e. Establishment of a permanent Court of Appeal a. Amendments to Supreme court and jurisdiction Act 4. Significance of the Post-Independence Years? THE EXPANSION YEARS 1. Solving the Backlog problem Ø The backlog problem o Caused by lack of judicial resources and salary etc… o On average it took 5 years for HC to be heard and 2 years for appeal. Ø Primary strategy employed by the Judiciary to solve the backlog problem was to put in place an eQective leadership team o Headed by CJ Yong. He was well equipped from previous positions to solve the issue at hand. o Introduced things like technology to solve the backlog problem. Ø Streamlining court processes o Matters involving little substantive legal issues were removed from the High Court judges’ hearing lists to save valuable judicial time § These cases involved lesser complex issues of law which could be well disposed of by the lower court. o Pre-trial conferences between lawyers and greater disclosure of evidence before cases go to court Ø Using technology to solve backlog o Bodies set up to encourage use of technology o LawNet established o Electronic Filing System 2. revamping the courts Ø Permanent Court of Appeal established in 1993 Ø Supreme Court improved o More diQicult to gain a hearing in the Supreme Court o Supreme Court gained new powers § Etc interpretation act Ø Subordinate Courts (now State Courts) also improved o Wider powers and more flexibility to hear more types of cases o Monetary limits of the District and Magistrate’s Courts were increased 3. expansion years did solve the backlog problem The refinement years 1. DiQerent Chief Justices contributed to world-class legal system - Try to get a “heart’s” touch with the bar. As the bar felt the bench no longer understood them. 2. Supplementing world-class system with heart - Balance between eQiciency and just outcomes o Judicial reform must not be at the expense of justice. - Fundamentals of judging