Singapore

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1. Introduction

Singapore is a republic with a parliamentary system of Government based on the Westminster Model.

The roots of Singapore’s legal system can be traced back to the English legal system and it has evolved over the years. The sources of law are derived from its Constitution, legislation, subsidiary legislation (e.g. Rules and Regulations et cetera) and judge-made law.

(a) The Constitution is the supreme law of the land and lays down the basic framework for the three organs of state, namely:

(i) Executive

(ii) Legislature

(iii) Judiciary

2. Branches

(a) Executive

The Executive includes the Elected President, the Cabinet and the Attorney-General. The President is elected by the people and is empowered to veto government budgets and appointments to public office. The Cabinet comprises the Prime Minister and Ministers appointed from among the Members of Parliament and is responsible for the general direction and control of the Government and is accountable to Parliament. The Attorney-General is the principal legal advisor to the government and has the power and discretion to prosecute offenders.

Executive power rests with the Cabinet. The Cabinet is led by the Prime Minister, who is appointed by the President. On the advice of the Prime Minister, the President appoints other Ministers from among the Members of Parliament to form the Cabinet. The Cabinet is responsible for all government policies and the day-to-day administration of the affairs of state.

(i) Prime Ministers of Singapore

1959-1990: Mr Lee Kuan Yew

1990-2004: Mr Goh Chok Tong

2004-Present: Mr Lee Hsien Loong

(b) Legislative

The Legislature comprises the President and Parliament and is the legislative authority responsible for enacting legislation. Parliament is made up of elected, non-constituency and nominated Members of Parliament. The President’s assent is required for all bills passed by Parliament and he may in his discretion withhold assent to certain bills.

The Singapore Parliament is unicameral and together with the President of Singapore, is known as the Legislature. It is modelled after the Westminster system of parliamentary democracy, where Members of Parliament (MPs) are voted in at regular General Elections. In Singapore, a General Election must be held at least once every five years. The leader of the political party that secures the majority of seats in Parliament will be asked by the President to become the Prime Minister. MPs consist of either Elected, Non-Constituency or Nominated members.

The present 12th Parliament of Singapore, which opened its first session on 10 October 2011, has 99 MPs, comprising 87 elected MPs, 3 Non-Constituency MPs and 9 Nominated MPs.

(c) Judiciary

The Judiciary is made up of the Supreme Court and the State Courts. The Judiciary administers the law independently of the Executive and this independence is safeguarded by the Constitution. The Supreme Court consists of the Court of Appeal and the High Court. The Chief Justice, Judges of Appeal, Judicial Commissioners and High Court Judges are appointed by the President from candidates recommended by the Prime Minister.

Singapore practices the common law legal system, where the decisions of higher courts constitute binding precedent upon courts of equal or lower status within their jurisdiction, as opposed to the civil law legal system in continental Europe. The current criminal code was preceded by the Indian Penal Code which was adopted when Singapore was a Crown Colony.

Singapore has a comprehensive judicial system. The State Courts (previously known as Subordinate Courts) form the first tier in the judicial hierarchy to administer justice amongst the people. It comprises the District Courts, Magistrates' Courts, specialised courts – Family Court, Juvenile Court, Coroner's Court – Small Claims Tribunals and the Court Mediation Centre. The District Courts, Magistrates’ Courts and Small Claims Tribunals can hear civil matters where disputed amounts do not exceed $250,000, $60,000 and $10,000 respectively.

The second tier is the Supreme Court, made up of the High Court and Court of Appeal (the highest Court in the land). Both courts hear criminal cases and civil claims exceeding $250,000. The Chief Justice, Judges of Appeal, Judges and Judicial Commissioners are appointed by the President on the advice of the Prime Minister.

While the judicial system has been efficient in dispensing justice, the Government has found it necessary and expedient to complement the courts with other modes of alternative dispute resolution (ADR), namely arbitration and mediation. Having established itself as a major international commercial centre, Singapore has made giant leaps to cater to the demands of business for cheaper, quicker and, at times, confidential dispute resolution. It has positioned itself as a competitive arbitration centre to match that of London and Hong Kong. Major law firms in Singapore now offer arbitration services, and institutions with state-of-the-art hearing facilities are in place to meet the arbitration needs of disputants.

For smaller claims, mediation has been promoted as an alternative method of resolving disputes. The State Courts via their Primary Dispute Resolution Centre and the Singapore Mediation Centre are the two main mediation avenues. The rest are initiatives spearheaded by the Government or industry namely Maintenance of Parents Tribunal, Community Mediation Centre and Consumers’ Association of Singapore.

(a) The Supreme Court

The Supreme Court is made up of the Court of Appeal and the High Court, and hears both civil and criminal matters. Led by the Honourable the Chief Justice Sundaresh Menon, the Supreme Court Bench consists of the Judges of Appeal, Judges and Judicial Commissioners of the Supreme Court.

_{Subscript text} The High Court has jurisdiction to try all offences committed in Singapore and may also try offences committed outside Singapore in certain circumstances. In criminal cases, the High Court generally tries cases involving capital offences or cases involving imprisonment terms that exceed 10 years. Generally, except in probate matters, a civil case must be commenced in the High Court if the value of the claim exceeds $250,000. Probate matters are commenced in the High Court only if the value of the deceased's estate exceeds $3,000,000 or if the case involves the resealing of a foreign grant. In addition, ancillary matters in family proceedings involving assets of S$1,500,000 or more are also heard in the High Court.

Since 2002, various specialised courts like the Admiralty Court, the Intellectual Property Court and the Arbitration Court have also been set up in the Supreme Court in response to the increasing complexity of commercial cases reaching the judiciary. The establishment of dedicated specialist commercial courts underscores the Supreme Court´s depth of expertise and experience in these areas, and its commitment to position and promote Singapore as a premier centre for dispute resolution and as a jurisdiction of choice for the resolution of both domestic and international commercial disputes.

(b) State Courts of Singapore

The Judiciary is one of the three constitutional pillars of government along with the Legislature and the Executive. As an Organ of State, the Judiciary's function is to independently administer justice. The Chief Justice is the head of the Judiciary which comprises the Supreme Court and the State Courts (originally called Subordinate Courts).

The State Courts of Singapore include the District Courts, the Magistrates´ Courts, the Specialised Courts (i.e. Family Courts, Juvenile Courts, etc.) and the Small Claims Tribunals. As a critical component of the Judiciary, the State Courts handle more than 95% of the Judiciary's caseload.

The Chief District Judge has overall responsibility for the administration of the State Courts. The Chief District Judge leads a team of Judicial Officers who adjudicate on cases brought before the State Courts. He is assisted administratively by the Registrar who is also concurrently the Deputy Chief District Judge.

==3. The President==

Roles and Responsibilities

The President of Singapore is the Head of State.

Prior to 30 November 1991, the President was a titular Head of State with a largely ceremonial role. On 30 November 1991, the Constitution of the Republic of Singapore was amended to make the President’s office an elected office with discretionary powers relating to the safeguarding of national reserves and the appointment of key personnel in the public sector and certain Government companies. Broadly, the roles and responsibilities of the President can be categorised as follows:

(a) Constitutional

The powers of the Elected President are set out in the Constitution of the Republic of Singapore and these powers largely fall into two categories - discretionary powers and non-discretionary powers.

(b) Discretionary Powers

The President has the power to veto or disagree with the Government’s proposals in the following areas:

• Use of Past Reserves – i.e. Reserves not accumulated by the Government during its current term of office

• Appointment and removal of key office holders in the public service and in the statutory boards and Government companies, which are listed in the Fifth Schedule to the Constitution

• Changes to investment powers of the Central Provident Fund Board

• Restraining Orders under the Maintenance of Religious Harmony Act (Cap. 167A)

• Continued detention under the Internal Security Act (Cap. 143)

• Refusal of investigations by the Corrupt Practices Investigation Bureau (CPIB)

The President’s discretionary powers provide an important check and balance to the Government with regard to preventing the misuse of the nation’s reserves and ensuring that the public service is impartial.

The President must consult the Council of Presidential Advisers (CPA) on matters relating to Past Reserves and the appointment and removal of key office holders (Article 21(3) of the Constitution). On other areas involving the President’s discretionary powers, consultation of CPA is optional (Article 21(4) of the Constitution).

If the President vetoes (i) the Government’s budget (on the basis that it is likely to lead to a draw on Past Reserves) or (ii) the appointment/removal of any key office holder, and the President’s decision is contrary to CPA’s advice, Parliament may overrule the President’s decision with a two-thirds majority vote.

On other matters involving the President’s discretionary powers, the President’s decision is final.

(c) Protection of Past Reserves

The President acts as the guardian of Past Reserves – reserves that were accumulated before the current term of the Government, including reserves accumulated by key statutory boards and Government companies (SBGC) listed under the Fifth Schedule to the Constitution.

SBGCs include GIC Pte Ltd, Temasek Holdings Pte Ltd, the Housing and Development Board (HDB), Monetary Authority of Singapore (MAS), Central Provident Fund Board (CPFB) and Jurong Town Corporation (JTC).

The President may exercise his discretionary power and veto any budget or specific transaction (such as the giving of guarantees or raising of loans) of the Government or a Fifth Schedule SBGC if, in his opinion, the proposed budget or transaction is likely to lead to a draw on the Past Reserves.

The President does not direct the operations or the investment strategies of the Government or the Fifth Schedule SBGCs. However, in the case of the CPF Board, the President can veto any Bill passed by the Parliament that directly or indirectly affects the Board’s investment powers.

(d) Appointment of Key Office Holders

In the interest of ensuring the impartiality of the public sector, the President has the discretionary power to veto the appointment or removal of —

key office holders in the public service listed in Article 22 of the Constitution (such as the Chief Justice, Judges of the Supreme Court, Attorney-General, Auditor-General, Director of Corrupt Practices Investigation Bureau, Chairman and members of the Public Service Commission, Chief of Defence Force and Commissioner of Police);

any chairman, board member or chief executive officer of a Fifth Schedule statutory board (Article 22A of the Constitution); and

any director or chief executive officer of a Fifth Schedule Government company (Article 22C of the Constitution)

(e) ISA detention orders, CPIB investigations and restraining orders in relation to maintenance of religious harmony

The continued detention of a person under the Internal Security Act (ISA) requires the President’s concurrence if the Government disagrees with the recommendation of the advisory board (established under the ISA) that the person be released (Article 151(4) of the Constitution).

Investigations by the Corrupt Practices Investigation Bureau (CPIB) may be carried on with the President’s concurrence under Article 22G of the Constitution notwithstanding that the Prime Minister does not consent to such investigations.

Restraining orders made under the Maintenance of Religious Harmony Act (MRHA) must subsequently be confirmed by the President. The President also has the power under Article 22I of the Constitution to cancel or vary a restraining order if the advice of the Cabinet on the matter differs from the recommendation of the Presidential Council for Religious Harmony (established under the MRHA).

(f) Non-discretionary Powers[1]

Non-discretionary powers of the President refer to matters in which the President has no discretion and must act in accordance with the advice of the Cabinet or a Minister. For example, the President must act in accordance with the Cabinet's advice regarding the pardon of a person convicted of an offence. The President must also act in accordance with the Prime Minister's advice on the appointment of Ministers.

(g) Ceremonial

As the Ceremonial Head of State, the President is the symbolic figure representing Singapore at ceremonies and internationally.

(h) Foreign Relations

All foreign ambassadors-designate and high commissioners-designate will present their credentials to the President before assuming office in Singapore. The President also presents letters of credence to ambassadors-designate and high commissioners-designate of Singapore before they leave to assume office overseas.

The President promotes friendship and economic ties between Singapore and other countries by hosting and engaging visiting dignitaries and making State Visits overseas.

A meeting between countries at the Head of State level is the highest form of a diplomatic exchange. Such exchanges promote international and bilateral trade and investments, and cooperation in various areas such as defence, education, research and development, and arts and culture, to open doors to opportunities around the world that Singaporeans can tap on.

(i) Officiating at State Events & Conferment of National Awards

As the highest office of the land, the Presidency is vested with several ceremonial functions.

Each Parliament session is opened by the President who will deliver a Presidential address laying out the key challenges for each term of government.

The President officiates at swearing-in ceremonies of key appointment-holders such as the Prime Minister, Cabinet Ministers, the Chief Justice and Judges of the Supreme Court.

The annual National Day Parade is officiated by the President.

The President also confers awards, such as the National Day Awards, on the advice of the Cabinet.

(j) Community[2]

The President may use the influence of his position to support charitable and social causes, such as sports, volunteerism, social entrepreneurship, culture and the arts. The President's Challenge championed by the President is one such example.

The President is often invited to grace events organised by grassroots, community and welfare groups, ethnic and religious celebrations and social activities.

The Istana is open to the public on national festivities such as the Chinese New Year, Hari Raya Puasa, Deepavali, Labour Day and National Day. President will interact with members of the public during these open houses.

(k) Awards

The President lends his name to awards in recognition of excellence achieved in various fields, which are of importance to our nation and society and to encourage the development of our youths.

(l) Presidential office

(i) Council of Presidential Advisors

The Constitution of Singapore was amended in 1991 to give the Elected President custodial and discretionary powers to safeguard the reserves of the Government, which were not accumulated by the Government during its current term of office. The Constitutional amendments, which came into effect on 30 November 1991, also provided for a Council of Presidential Advisers (CPA) to advise the President in the exercise of his custodial and discretionary powers. It is obligatory for the President to consult the Council before he vetoes the budgets of the Government and key government-linked bodies and the appointments of government nominees to key posts.

The Council comprises six members and two alternate members. Two members are appointed by the President at his discretion; two are the Prime Minister's nominees; one is the Chief Justice's nominee; and one is the nominee of the Chairman of the Public Service Commission. One alternate member is appointed by the President at his discretion while the other is appointed by the President on the advice of the Prime Minister, in consultation with the Chief Justice and Chairman of Public Service Commission.

Members are appointed on a six-year term on their first appointment. They are eligible for re-appointment for further terms of four years each. Alternate members are appointed on a four-year term.

The present Chairman of the CPA is Mr J Y Pillay. The other members are Mr S Dhanabalan, Mr Po'ad Bin Shaik Abu Bakar Mattar, Mr Goh Joon Seng, Mr Bobby Chin Yoke Choong and Mr Lee Tzu Yang. The two alternate members are Mr Lim Chee Onn and Mr Stephen Lee Ching Yen.

As Chairman of the Council of Presidential Advisers, Mr Pillay exercises the functions of the office of the President in the absence of the President. If he is unavailable, this duty then falls on the Speaker of Parliament.

(ii) Role of the CPA

The CPA advises the President in the exercise of his discretionary veto powers. The President must consult the CPA in the exercise of any of his discretionary powers in connection with appointments and the reserves. It is optional for the President to consult the CPA as regards other areas where he has discretionary powers.

CPA proceedings are private. The CPA may ask public officers to furnish information. Should any public officer appear before the CPA, the officer is prohibited by the Constitution from disclosing his discussions before the CPA with anyone else.

(iii) Members of Council of Presidential Advisers

Chairman – Mr J Y Pillay

Member – Mr S Dhanabalan

Member – Mr Po'ad Bin Shaik Abu Bakar Mattar

Member – Mr Goh Joon Seng

Member – Mr Bobby Chin Yoke Choong

Member – Mr Lee Tzu Yang

Alternate Member – Mr Lim Chee Onn

Alternate Member – Mr Stephen Lee Ching Yen

(iv) Other Presidential Councils (Presidential Council for Minority Rights)

The Presidential Council for Minority Rights has its origins in 1970 when it was established as the Presidential Council under the Constitution. In 1973, the Council was renamed to its present name.

The Council examines all legislation to ensure that they are not disadvantageous to any racial or religious community as compared to other such communities. Its report on such legislation is presented to Parliament. In addition, the Council also considers matters affecting any racial or religious community that are referred to it by Parliament or the Government.

In its advisory capacity, the Council advises the President on nominations of appointees to the Presidential Council for Religious Harmony (under the Maintenance of Religious Harmony Act), the Malay Community Committee, and the Indian and Other Minorities Communities Committee (under the Parliamentary Elections Act).

Members of the Council are appointed by the President on the advice of the Cabinet. Currently, the Council has 16 Members comprising the Chairman, six permanent Members and nine other Members, as follows:

Chairman:

The Honourable Chief Justice Sundaresh Menon

Permanent Members:

Tuan Haji Othman bin Wok

Mr Goh Chok Tong, Emeritus Senior Minister

Mr S Dhanabalan

Mr Lee Hsien Loong, Prime Minister

Mr K Shanmugam, Minister for Foreign Affairs and Minister for Law

Other Members:

Mr VK Rajah, Attorney-General

Mr J Y Pillay

His Grace Archbishop William Goh Seng Chye

Mr Othman Haron Eusofe

Mr Timothy James de Souza

Mr Abdullah Tarmugi

Prof Chan Heng Chee

Mr Barry Desker

Mr Philip Jeyaretnam

Mr Surjit Singh s/o Wazir Singh

Shaikh Syed Isa bin Mohamed Semait

Venerable Sik Kwang Sheng

(v) Presidential Council for Religious Harmony

The Presidential Council for Religious Harmony is set up under the Maintenance of Religious Harmony Act (MRHA). The Chairman and members are appointed by the President of the Republic of Singapore.

The Council gives its advice to the Minister for Home Affairs on matters affecting the maintenance of religious harmony in Singapore which are referred to it by the Minister or by Parliament, and considers and makes recommendations to the President on restraining orders issued under the Act.

The Council can number from six to fifteen members, excluding the Chairman. The Council serves a three-year term.

The Chairman and members of the Council are:

Chairman:

Mr Goh Joon Seng

Members:

Venerable Seck Kwang Phing (Buddhist Representative)

His Grace Archbishop William Goh (Roman Catholic Representative)

Mr Rajendran s/o Sinnathamby (Hindu Representative)

Mufti Dr Mohamed Fatris Bakaram (Muslim Representative)

Mr Lim Khay Tham (Protestant Christian Representative)

Mr Surjit Singh s/o Wazir Singh (Sikh Representative)

Associate Professor Lee Cheuk Yin (Taoist Representative)

Mr Wee Heng Tin (Layperson)

Ms Lai Siu Chiu (Layperson)

(vi) Aides-de-Camp

The term "Aide-de-Camp' is of French origin, meaning 'camp or field assistant'. The ADC was originally a military assistant in the field to a Sovereign, Chief of State, or General. They transmitted orders and supervised operations in the name of their commander, and even exercised delegated authority on occasions.

In modern day, the ADC is an officer of the armed forces who serves as a personal assistant to the President, Head of State, General, Admiral, or other high-ranking commanders. Compared to the military importance and tasks of ADCs in 19th Century armies, the role of ADCs today have changed to become mainly those of rendering personal assistance and acting as confidential secretaries to their commanders.

In some countries, the ADC to the sovereign or Head of State is an honorary position. In others, ADCs have more detailed and important duties. In most countries, the tour of duty of an ADC is between two and four years, and it is usually required that an ADC appointee has served several years with troops previously.

Currently, the President of the Republic of Singapore has three full-time ADCs. The full-time ADCs are assisted by a corps of Honorary ADCs from the Singapore Armed Forces, the Singapore Police Force and the Singapore Civil Defence Force at major events.

The full-time ADCs to the President attend to the general administration, security and social needs of the President, and accompany him whenever he attends, presides, or is involved in State functions, gatherings, ceremonies or occasions of ceremonial or charitable/social nature. They are responsible for the co-ordination, planning, execution and follow-up of all of President’s events, both locally and for overseas visits.

Honorary ADCs assist the full-time ADCs in the discharge of their duties to the President. They help in areas such as receiving guests and serving as liaison officers for VIPs or as emcees at official events, to ensure the smooth running of these functions.

(vii) The Aiguillette

Internationally, Aides-de-Camp may be identified by the thick distinctive cords worn across their right shoulder, called aiguillettes. The aiguillettes are plaited cords ending at two points called aglets. Historically, the aglets were used by knights to fasten the plates of their armour together. Aiguillettes are worn on the right shoulder by officers of certain appointments only. They include:

Chief of Defence Force in the Singapore Armed Forces

Commissioner of Police in the Singapore Police Force

Commissioner in the Singapore Civil Defence Force

Aides-de-Camp to the President

Honorary Aides-de-Camp to the President

In Singapore, ADCs from the Singapore Armed Forces and the Singapore Civil Defence Force wear gold aiguillettes, while those from the Singapore Police Force wear silver aiguillettes.

(viii) Civil List

The Civil List provides the funds to maintain the President’s Office, including salaries of the President and his personal staff, and operational expenditures, such as the costs of running events and functions.

The Civil List of the President of the Republic of Singapore, which is provided for under the Constitution (Article 22J) to enable the President to perform his functions, shall not be diminished during the continuance in office of the President.

(ix) Presidents of Singapore[3]

1965 to 1970: Mr Yusof bin Ishak

1971 to 1981: Mr Benjamin Sheares

1981 to 1985: Mr Devan Nair

1985 to 1993: Mr Wee Kim Wee

1993 to 1999: Mr Ong Teng Cheong

1999 to 2011: Mr S R Nathan

2011 to Present: Dr Tony Tan Keng Yam

==4. Singapore Legal System==

Although Singapore’s legal system has its root in the common law, the criminal law of Singapore is largely statutory in nature. The general principles of criminal law, as well as the elements and penalties of common criminal offences such as homicide, theft and cheating, are set out in the Penal Code .

Type of System

A former British colony, Singapore is a parliamentary republic with a legal system based on English common law. The constitution is based on the pre-independent State of Singapore Constitution, and it was written in 1959 and amended in 1965. There are three branches of government: executive, legislative, and judicial. The judicial branch has a Supreme Court, divided into the Court of Appeal and the High Court, as well as Subordinate Courts and a Constitutional Tribunal. There are several specialized courts, such as a Community Court and a Bail Court, to encourage efficiency and strict case management. The judge decides both legal and factual issues. The jury system was abolished in 1970.

Singapore has one of the highest execution rates in the world, and a significant number of those executed include foreign nationals. Many narcotics offenses carry a mandatory death penalty sentence, and many vandalism offenses require a mandatory caning sentence. There are also strict penalties for crimes related to various guns and weapons. Jaywalking and littering are also considered crimes.

Sources of Defendants' Rights

The Criminal Procedure Code provides that the defendant must have the charges read and explained to him as soon as the prosecution frames its case. Defendants have the right to a fair trial in front of a judge. There are no jury trials. Defendants have the right to be present at the trial, have a presumption of innocence, and a right of appeal in most cases. (Note an Exception to the Presumption of Innocence: In narcotics cases, the drug act places the burden on the defendant to prove he was not in possession, custody, or control of the substance. )

Defendants' Rights

Pre-Trial

Criminal cases are heard in the Subordinate Courts and the High Court. More serious offenses are generally heard in the High Court. Accused people may plead guilty or claim trial. If the accused person expresses genuine remorse, a mitigation plea followed by a timely guilty plea can mitigate sentencing.

Trial

There are no jury trials and counsel is only provided by the government for death penalty cases. The Criminal Legal Aid Scheme (CLAS) founded by the Law Society of Singapore provides some representation for people who claim trial. There is a high prosecutorial success rate in Singapore. There is also concern about evidentiary procedures in criminal proceedings, notably the lack of discovery and the questionability of witness statements recorded by police.

Post-Conviction

Criminal cases heard in the Subordinate Court may appeal to the High Court. Criminal cases, usually more serious offenses, heard in the High Court may be appealed to the Court of Appeal.

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QUICK FACTS

• Mid-2009 Prison Population: 12,944 (national prison administration, via Asian and Pacific Conference of Correctional Administrators)
• Official Prison Capacity: 13, 876 (92% occupancy level)
• Mid-2009 Prison Population Composition: 16.3% foreign prisoners, 15.4% pre-trial detainees/remand prisoners, 9.8% female prisoners, 4.7% juveniles/minors/young prisoners (2007 average)