Week 1 SG Legal System PDF

Business Law BM0742 AY 2022/2023 The Singapore Legal System 2 1. What is law 2. Classification of law 3. Sources of the Singapore Law 4. Singapore Court Structure 3  You shall attend all tutorials and lectures??? No eating or drinking in th...

Business Law BM0742 AY 2022/2023 The Singapore Legal System 2 1. What is law 2. Classification of law 3. Sources of the Singapore Law 4. Singapore Court Structure 3  You shall attend all tutorials and lectures??? No eating or drinking in the MRT Trains??? You shall give up your seat on the MRT to the elderly / pregnant women??? 4 ▪ Law: A body of rules to be obeyed ▪ Legal System: Comprises the different Institutions, the laws themselves and ways to enforce the law e.g. the courts ▪ Function of the courts  Provides a place for resolving disputes  Punishment of wrongdoers 5  Law is not the same as morality  Morality is based on generally accepted values that are used by society to distinguish between wrong and right  Unlike the law, moral values are not enforced by the government or by the courts  Law for purposes of this module excludes religious law or customary practices 6  Criminal Law Civil Law Purpose Punishment of the criminal Defines rights and duties of Deterrence individuals and businesses Provides remedy for private wrong Examples Penal Code (murder, rape) Contract Law Arms Offences Act (armed robbery) Tort Law Parties Public Prosecutor Plaintiff / Claimant Accused / Defendant Defendant Burden of proof Beyond reasonable doubt On a balance of probabilities What the court decides Guilty / Not Guilty Liable / Not Liable What the court orders Fine, imprisonment, caning or Damages (monetary death compensation), specific performance 7 Certain conduct may violate both the criminal and civil law Carrefour Singapore Pte Ltd v Leong Wai Kay  Leong was employed by Carrefour as a facilities manager  Received bribes from companies which provided services to Carrefour Held:-  Receipt of bribes = Violation of the criminal law ▪ Result? 10 month’s imprisonment and fine  Receipt of bribes = Violation of the civil law (an employee owes a duty to his employer not to receive bribes) ▪ Result? Pay employer Carrefour $292,800, the value of the bribes received. 8 1. The Constitution of Singapore 2. Legislation (statutes) enacted by Parliament 3. Subsidiary Legislation 4. Common law The Constitution, statutes and subsidiary legislation are referred to as written law whereas the Common Law may be referred to as unwritten law or “Judge made law” 9  Sets out the structure of government: executive, legislature and judiciary ▪ The Executive is made up of the President, the Prime Minister and his Cabinet. The Legislature consists of Parliament and the President. The Judiciary consists of the judges of the Supreme Court and the State Courts  Sets out the fundamental rights of individuals e.g. freedom of speech, freedom of religion, prohibition against slavery  Supreme law of the land - Any other law which is inconsistent with the constitution has no legal effect 10 11 Reserved election for community that has not held office of President for 5 or more consecutive terms 19B.—(1) An election for the office of President is reserved for a community if no person belonging to that community has held the office of President for any of the 5 most recent terms of office of the President. 12 ▪ Legislation/Statutes: Written Laws enacted by parliament. Written laws are also sometimes referred to as “Acts” ▪ Usually ends with the word “Act” - “XYZ ACT” ▪ Examples: Business Registration Act, Companies Act ▪ May be changed over time – amended (i.e. revised), repealed (i.e. cancelled) etc. ▪ Available on-line at https://sso.agc.gov.sg/ 13 Employer has to give an employee at least 45 mins for a meal if the employee is required to work for 8 consecutive hours? s38(1)(i) of the Employment Act 14 38.—(1) Except as hereinafter provided, an employee shall not be required under his contract of service to work — (a) more than 6 consecutive hours without a period of leisure; (b) more than 8 hours in one day or more than 44 hours in one week: Provided that — (i) an employee who is engaged in work which must be carried on continuously may be required to work for 8 consecutive hours inclusive of a period or periods of not less than 45 minutes in the aggregate during which he shall have the opportunity to have a meal; … 15 ▪ Additional rules and regulations made by the minister or administrative body as empowered by statute ▪ Usually ends with the word “regulations” or “rules” ▪ Examples: Workplace Safety and Health (First Aid) Regulations, Bankruptcy Rules 16 http://www.mas.gov.sg/legislation_guidelines/banks/sub_le gislation/Banking_CreditCard_and_ChargeCard.html 17 ▪ Judge Made Law ▪ After a judge has finished hearing a dispute between two parties, he will prepare a written judgment ▪ In his judgment, the judge may lay down certain legal rules or principles ▪ These rules become part of the common law 18  A court is bound to follow the legal principle in an earlier case if: When a judge is deciding a case Where the earlier decision is that has already been previously made by a judge in a court that is decided by a judge in another case superior to the judge deciding the and the facts are similar, the judge should follow that earlier decision current case, that judge has to so that his decision is consistent or follow the earlier decision. He has in harmony with the earlier decision no choice in the matter.  Rationale → Ensures consistency, fairness and predictability 19  Court of First Instance: court where the parties’ dispute is first heard. If a party to the dispute is not satisfied with the decision of the court of first instance, he may appeal against the decision in an appellate court  Appellate Court: court which hears an appeal against the decision of the court of first instance  Jurisdiction: limit of the Courts power to deal with different types of cases 20  Court of Appeal Supreme Court High Court Small Claims Magistrate’s District Court Tribunal Court State Courts 21 Court Jurisdiction (Civil Claims) Losing Party may Appeal To Small Claims Sale of goods, provision of services, hire-purchase High Court (on point of Tribunal agreements, leases of residential premises which do not law or jurisdiction only) exceed 2 years Claim must not exceed $20,000. Can be further increased to $30,000, if both parties agree in writing To be brought within 2 years from the date plaintiff is entitled to claim Proceedings are conducted in an informal manner and lawyers are not allowed to represent the parties to the dispute. Parties conduct their own proceedings before a Referee who is legally trained. The advantage of using the tribunal is that it is cheap and disputes are resolved quickly and in an informal manner Magistrates’ Court Can hear both civil and criminal matters. Limited to civil claims High Court not exceeding $60,000 District Court Can hear both civil and criminal matters. Limited to civil claims High Court not exceeding $250,000 or up to $500,000 for road traffic accident claims or claims for personal injuries arising out of industrial accidents High Court Unlimited jurisdiction for both civil and criminal matters Court of Appeal 22 ◼ Certain types of cases can only be heard by the High Court:- Company Winding- Bankruptcy Up Proceedings Proceedings Admiralty Matters 23 ▪ Appellate court - Does not sit as a court of first instance ▪ Hears appeals against judgments of the High Court in civil and criminal matters. The Court of Appeal is usually presided by 3 Supreme Court judges. ▪ In criminal matters, both the defendant and the prosecutor can appeal. Defendant usually will appeal against his conviction for a crime and/or his sentence for the crime. Prosecutor may appeal if the defendant is acquitted of the crime or against the sentence if the prosecutor considers it too light ▪ Highest court in Singapore. There is no further right of appeal from the Court of Appeal 24