1. Singapore Resources Presentation by Carol Wee & Lee Su-Lin 25 May 2015

2. This tutorial serves as a basic introduction to Singapore law. The focus will be on Singapore’s primary sources of law. 2

3. Contents The Singapore Legal System p.4 p.4 Sources of Law p.5 p.5 – Primary sources – Secondary sources Legislation p.8 p.8 – The legislative process – Amendments to Acts – Where to find it – How to read it Case Law p.26 p.26 – Singapore courts – Law reports – Case citation – Neutral citation – How to find it Our Library Guides p.47 p.47 3

4. The Singapore Legal System The roots of Singapore's legal system can be traced back to the English legal system. It has evolved over the years - whilst English common law has had a heavy influence on the development of Singapore law in certain traditional common law areas, other jurisdictions such as India and Australia have strongly influenced the content of some of our statutes. For example, Corporate law – modern Companies Act has origins in Companies Act 1961 of Victoria, Australia Criminal law – based on Indian Penal Code Land law – predecessor to Land Titles Act was modelled on NSW Real Property Act 1900. 4

5. Sources of Law Sources PrimarySecondary 5

6. Primary sources of law are authoritative records of law made by the law-making bodies of Singapore. The 2 main primary sources are: 1.Legislation Statutes Subsidiary legislation Quasi-legislation 2. Case Law Decisions of the Singapore courts. Primary Sources 6

7. 1.Textbooks, casebooks, etc. 2.Legal encyclopaedias 3.Legal journals & law reviews 4.Research literature. E.g. Theses 5.Reference works. E.g. Dictionaries, directories, bibliographies, digests, citators, indexes, etc. Secondary sources assist in locating relevant primary sources of law the interpretation of relevant primary sources. Secondary sources refer and relate to the law, but are not themselves sources of law. These include: Secondary Sources 7

8. 2 main sources of legislation in Singapore today: I. Statutes of the Republic of Singapore (primary legislation) II. Subsidiary Legislation of the Republic of Singapore (secondary legislation) Legislation 8

9. Legislative Process The legislative power of Singapore is vested in the Legislature. Legislature Parliament of Singapore President The President I. Statutes 9

10. Legislative Process The Legislature enacts laws - Acts of Parliament. Acts begin life as Bills - drafted by the Legislation Division, Attorney-General's Chambers. E.g. Fire Safety (Amendment) Bill 2013 The Bills Supplement is published as part of the Government Gazette. The Explanatory Statement is found at the back of the Bill – useful for research as it explains the content and purpose of the Bill. I. Statutes 10

11. Legislative Process Bills are introduced in Parliament and must pass three readings. A Bill becomes law (i.e. an Act) when it is passed by Parliament assented to by the President. But an Act only comes into force on a date determined by the Minister notified by Commencement Notification in the Government Gazette. I. Statutes 11

12. Legislative Process Attorney-General’s Chambers Drafting and Vetting Government bill Introduction/ First Reading Bill Parliamentary debate *Second Reading Bill Parliamentary debate Committee Stage Committee of the whole House Bill Parliamentary debate Select Committee Bill Select Committee report Parliament Third Reading Bill Parliamentary debate Presidential Council for Minority Rights Bill Presidential Assent Bill to Act Government Printer Gazetting Act I. Statutes 12

13. Legislative Process Second reading of bill is of particular importance - contains discussion of the motion moved by the Minister and is usually the most substantial debate that takes place. So, used in legal research to understand the motivation or purpose of a bill useful for statutory interpretation. *E.g. Second reading of the Fire Safety (Amendment) Bill (No.1/2013) I. Statutes 13

14. Legislative Process For details on the legislative process, refer to the following websites: Attorney-General’s Chambers of Singapore, The Legislative Process, https://www.agc.gov.sg/What_We_Do/Legislation_and_Law_Reform _Division/The_legislative_process.aspx https://www.agc.gov.sg/What_We_Do/Legislation_and_Law_Reform _Division/The_legislative_process.aspx Parliament of Singapore, How are Laws Made? http://www.parliament.gov.sg/sites/default/files/Edu%20Factsht%20 6%20-How%20are%20Laws%20Made%20%282012%29.pdf http://www.parliament.gov.sg/sites/default/files/Edu%20Factsht%20 6%20-How%20are%20Laws%20Made%20%282012%29.pdf I. Statutes 14

15. Legislative Process II. Subsidiary Legislation Acts usually confer power on the Minister in charge to make subsidiary legislation. E.g. Central Provident Fund Act (Cap. 36, 2013 Rev. Ed.) Various regulations, rules and orders have been made under the Act – from regulations that cover use of CPF funds for housing and medical fees to rules on nomination of persons upon death of the CPF account holder. 15

16. Amendments to Acts Principal Act Amendments Revised Edition of Act Note: authoritative version (available in print; a few in LawNet) Act SupplementSubsidiary Legislation Supplement Consolidated Version of Act Bill Parliamentary debate Consolidation of amendments Substantial amendments to Act 16 (available in Singapore Statutes Online)

17. Amendments to Acts Earlier Revised Editions of the Singapore Statutes 1970 Rev. Ed. 1955 Rev. Ed. 1985 Rev. Ed. 17

18. Amendments to Acts Government Gazette Main Acts supplement Subsidiary legislation supplement Bills supplement Industrial relations supplement Treaties supplement Supplement Note: The Acts supplement and subsidiary legislation supplement are part of the Government Gazette which is divided into a few other sections: 18

19. Where to Find It SourceLocation Statutes (Revised edition)Print: K7399 (year) Online: LawNet (a selection in PDF)LawNet Statutes (Consolidated/Current version)Online: 1) Singapore Statutes OnlineSingapore Statutes Online 2) LawNetLawNet Subsidiary Legislation (Revised edition)Print: K7449 1990K7449 1990 Subsidiary Legislation (Consolidated/Current version)Online: 1) Singapore Statutes OnlineSingapore Statutes Online 2) LawNetLawNet The following tables only provide information on current/modern sources of legislation. For historical sources, refer to the LibGuide on Historical Sources of Singapore Law: http://libguides.nus.edu.sg/SGlawhistory http://libguides.nus.edu.sg/SGlawhistory 19

20. Where to Find It SourceLocation BillsPrint: K7499 SBK7499 SB Online: Parliament of SingaporeParliament of Singapore Parliamentary Debates (Singapore Parliament Reports/Hansard) Print: J618 SLADJ618 SLAD Online: Parliament of SingaporeParliament of Singapore Select Committee ReportsPrint: K7524 … Online: Parliament of SingaporeParliament of Singapore Government GazetteOnline: eGazetteeGazette 20

21. How to Read It Title of Act Chapter No. Original Act Current Rev. Ed. Previous Rev. Eds. Previous Rev. Eds. amended by Acts Supplements Date current Rev. Ed. came into effect E.g. Computer Misuse Act 2007 Rev Ed 21

22. How to Read It E.g. Computer Misuse Act (Current Version) Access: Singapore Statutes Online http://statutes.agc.gov.sg/http://statutes.agc.gov.sg/ Search for the Act or browse the alphabetical list 22

23. How to Read It Click on relevant Act E.g. Computer Misuse Act (Current Version) 23

24. How to Read It Amendments after 2007 Click on slider to see legislative history The name of the Act was amended by Act 3 of 2013 E.g. Computer Misuse Act (Current Version) 24

25. 25 References For details on statutory laws in general: Helena H.M. Chan, The Legal System of Singapore (Singapore: Butterworths, 1995). Ref: KE5020 Cha Robert C. Beckman, Brady S. Coleman & Joel Lee, Case Analysis and Statutory Interpretation, 2nd ed. (Singapore: Faculty of Law, National University of Singapore, 2001). Ref: KE5280 Bec For detailed historical accounts of Singapore statutes: Elizabeth Srinivasagam, comp., Tables of the Written Laws of the Republic of Singapore 1819-1971 (Singapore: Malaya Law Review, 1972). Ref: K7574 1971 G.W. Bartholomew, Elizabeth Srnivasagam & Pasca Baylon Netto, Sesquicentennial Chronological Tables of the Written Laws of the Republic of Singapore 1834-1984 (Singapore: Malaya Law Review, 1987). Ref: K7574 1984 Michael F. Rutter, The Applicable Law in Singapore and Malaysia: a Guide to Reception, Precedent and the Sources of Law in the Republic of Singapore and the Federation of Malaysia (Singapore: Malayan Law Journal, 1989). Ref: KE5020 Rut

26. Case Law Case law – the law as established by the decisions of courts. Stare decisis – principle of English law by which precedents are authoritative and binding. 26

27. Singapore Courts Supreme Court Court of Appeal High Court State Courts District Courts Magistrates’ Courts Family Justice Courts Small Claims Tribunal Coroners’ Court Family Division of the High Court Family Courts Youth Courts 27

28. Law Reports Law reports are the published judgments of court cases. Cases are only selected for reporting if they raise or expand upon significant points of law. Therefore, only a small proportion of cases are reported, and these are mainly from the Supreme Court (i.e. High Court and Court of Appeal). 28

29. Law Reports The principle law report series in Singapore is the Singapore Law Reports. It covers cases from 1965. Ref: K7599 SLR (1965-1991); K7599 SLR (1992-)K7599 SLR I. Singapore Law Reports 29

30. Law Reports The Singapore Academy of Law re-issued the Singapore Law Reports from 1965 through 2009 with re-written headnotes for the reports from 1965 to 2002, and re-edited judgment texts to conform with the SAL house-style. This set of reports is called the Singapore Law Reports (Reissue). Both the original SLR volumes from 1965 to 2002, and the Reissue are equally authoritative as each judgment reported in both remains in substance, though not in form, the same. II. Singapore Law Reports (Reissue) Ref: K7599 SLRK7599 SLR 30

31. Law Reports The other law report series which is the major source of reported Singapore court decisions from 1931 to 1991 is the Malayan Law Journal. Ref: K7599 MLJK7599 MLJ III. Malayan Law Journal 31

32. Law Reports IV. Singapore Syariah Appeals Reports The Singapore Syariah Appeals Reports is the official report series of grounds of decisions delivered by the Syariah Appeal Board between 1980 and 2010. Ref: K7599 SSCK7599 SSC 32

33. Law Reports TitleAbbreviationPublication dateRef Kyshe’s ReportsKy1885-1890K7596 Ky Straits Law ReportsSLR Leic1877K7596 SLR Straits Law JournalSLJ1888-1892K7596 SLJ Straits Settlements Law ReportsSSLR1893-1931 (old series) 1927-1950 (new series) K7596 SSLR Singapore Law Reports Colony of Singapore Law Reports SLR1950-1951 1954-1957 K7599 SLR V. Discontinued law reports The following table only shows a selection of historical law reports. All reports are available via LawNet.LawNet For more sources, refer to the LibGuide on Historical Sources of Singapore Law: http://libguides.nus.edu.sg/SGlawhistory http://libguides.nus.edu.sg/SGlawhistory 33

34. Law Reports Full text transcripts of written judgments as handed down in the State Courts, High Court and Court of Appeal. Available online via LawNet.LawNet Earlier judgments are available in print in the law library: Ref: K7599 CA (Court of Appeal, Civil Appeals) K7599 CRA (Court of Appeal, Criminal Appeals) K7599 DC (District Court) K7599 J (High Court) K7599 MC (Magistrates’ Court) VI. Unreported judgments 34

35. Law Reports Decisions include those of the Appeals Board (Land Acquisition) Copyright Tribunals Income Tax Board of Review Intellectual Property Office of Singapore Military Court of Appeal Strata Titles Boards. Most of decisions are not readily available in print. Available online via LawNet.LawNet VII. Decisions of Boards/Tribunals 35

36. Case citation - reference to a legal case in the law reports. Generally includes the names of the parties to the case year the decision of the court was delivered or published volume number of the law report abbreviation of the law report series first page at which the case is reported. Example Anwar Siraj and Another v Ting Kang Chung John [2010] 1 SLR 1026 36 Case Citation

37. names of the parties to the case Example Court designators include SGCA – Singapore Court of Appeal SGHC – Singapore High Court SGDC – Singapore District Court SGMC – Singapore Magistrates’ Court year of the court decision jurisdiction/level of court sequential number The neutral citation includes paragraph number(s) Public Prosecutor v Nguyen Tuong Van [2004]SGHC54, [1] 37 Neutral Citation

38. How to Find It Step 1: Find out what law report the abbreviation stands for by checking an index to legal abbreviations e.g. SSLR Step 2: Search LINC for the specific law report to determine its location in the library E.g. Salmah v Chop Chin Guan Hong [1929] SSLR 172 I. Print 38

39. How to Find It Step 1 Find out what “SSLR” in the citation stands for by consulting an index to legal abbreviations. For law reports of Singapore, use Singapore Legal Abbreviations, published by the C J Koh Law Library.Singapore Legal Abbreviations The index shows that SSLR stands for the Straits Settlements Law Reports 39 I. Print

40. How to Find It Step 2 Search for the law report in LINC E.g. Salmah v Chop Chin Guan Hong [1929] SSLR 172 40 I. Print

41. E.g. Salmah v Chop Chin Guan Hong [1929] SSLR 172 41 How to Find It I. Print

42. Once you obtain the law report, turn to page 172 for the case. E.g. Salmah v Chop Chin Guan Hong [1929] SSLR 172 42 How to Find It I. Print

43. How to Find It You may also obtain Singapore cases from full text databases. Databases are particularly useful when you only have partial citations: LawNet The only database that contains a comprehensive collection of Singapore cases LawNet Lexis Singapore Contains Singapore cases reported in the Malayan Law Journal from 1931 to 1991 Lexis Singapore II. Online 43

44. E.g. Find the case heard in 2010 where one party was Ng Swee Hua 1. Legal Research 2.Cases 5. SEARCH After login, select: 3. Click Simple Search. Enter name of party and year case was heard 4. Select “all of the words” from drop down menu 44 How to Find It II. Online

45. Select relevant case. Note: Case heard in 2010 but only reported in 2012 E.g. Find the case heard in 2010 where one party was Ng Swee Hua 45 How to Find It II. Online

46. Click here for PDF E.g. Find the case heard in 2010 where one party was Ng Swee Hua 46 How to Find It II. Online

47. 47 Our Library Guides Free Internet sources for law, esp. SG Law LibGuides On the C J Koh Law Library homepage:C J Koh Law Library homepage

48. The End For feedback, send an email to: llbleesl@nus.edu.sgllbleesl@nus.edu.sg Updated 26 May 2015 © C J Koh Law Library 2015