This Side of the Fence: #1 – The Charge

Reading Time: 4 minutesIn this monthly series, a young litigator shares insights into his work with accused persons, especially those facing the death penalty. Each edition will walk through a particular phase of the criminal litigation process. It is his fervent hope that one day, we can all learn to empathize with, and not just vilify, those accused of […]

Hong Kong: Can love be a defence to bribery and misconduct in public office?

Reading Time: 4 minutesIntroduction The case HKSAR v Wilson Fung Wing-yip & Cheyenne Chan Ung-iok [2019] HKDC 1113 has caught much media attention. The unsuccessful prosecution on the defendants’ bribery charges raises the question of whether a romantic relationship can ever be used as a shield to defend a couple from bribery charges. Background On 28 September 2004, Ms Cheyenne […]

Lawyer Feature: Chooi Jing Yen, Partner of Eugene Thuraisingam LLP discloses that the intellectual challenge law presents is the reason why he is a lawyer

Reading Time: 8 minutesWhat makes a successful civil litigator? For Mr Chooi Jing Yen, the newly promoted partner of Eugene Thuraisingam LLP, it is about enjoying the intellectual challenges that civil litigation bring to the table. Mr Chooi is a career litigator who has worked on civil and criminal cases at all Court levels. He is often lauded […]

Variation of a Mareva injunction may not override legitimate interests of third parties

Reading Time: 6 minutesIntroduction In Securities And Futures Commission v Mo Shau Wah And Others [2018] 3 HKLRD 356, the Court of Appeal (“CA”) dismissed an appeal brought by Mo Shau Wah (“Mo”) in relation to a Mareva injunction obtained against her in proceedings brought by the Securities and Futures Commission (“SFC”), against the dismissal of her application for an […]

SMU Lexicon: Assistance in Public Lotteries: The Approach in Bijabahadur

Reading Time: 11 minutesIntroduction In the 19th century, illegal gaming activities managed by syndicates were part of the general crime that was rampant in Singapore (then known as the Straits Settlement). This was a serious problem as the early inhabitants of Singapore became addicted to gambling, leading to undesirable outcomes.[1] Gambling activities came to be regarded as vices […]

Strategic use of Offers to Settle (OTS) to negotiate motor accident claims

Reading Time: 7 minutesThis article is an excerpt from the 29-page comprehensive and practical guide to motor accident claims in Singapore, written by Kok Yee Keong, Senior Associate in Eversheds Harry Elias LLP, which is publicly available for download here at the firm’s website. Strategic use of Offers to Settle (OTS) to negotiate After a motor claim has been lodged against the defendant […]

SMU Lexicon: Negotiating Damages for Breach of Contract: Morris-Garner v One-Step (Support) Ltd [2018] UKSC 20

Reading Time: 16 minutesIntroduction At the quantification stage in breach-of-contract claims, claimants must sometimes think out of the box. Where no loss has been suffered or loss is hard to prove, one solution is to argue for “negotiating damages”, or damages for breach of contract assessed by reference to the sum a claimant could hypothetically have received in […]

DDoS attack – cybercrime for misusing a victim’s computer through the victim’s website

Reading Time: 4 minutesIntroduction In a recent case HKSAR v Chu Tsun Wai [2019] HKCFA 3, the Court of Final Appeal (“CFA”) set out the basis to which a cyber-attacker may be found guilty for damaging the other’s property by misusing the victim’s computer through the victim’s website. Background On 12 October 2014, Mr Chu Tsun Wai (“Mr Chu”) took […]

The CFA clarifies the relationship between “bribery” and “misconduct in public office” in Donald Tsang’s case

Reading Time: 5 minutesIntroduction In our previous newsletter “Donald Tsang’s Conviction Sheds Light on the Offence of Misconduct in Public Office”, we discussed the conviction in February 2017 of Mr Donald Tsang Yam-kuen (“Tsang”), the former Chief Executive of Hong Kong (the “Chief Executive”), of the charge of misconduct in public office. Tsang first appealed to the Court […]

SMU Lexicon: Busting Myths: Understanding Prosecutorial Discretion

Reading Time: 12 minutesIntroduction The December 2017 decision to charge a couple who tortured their flatmate, Annie Ee, with the offence of “voluntarily causing grievous hurt”, as opposed to murder, sparked controversy in Singapore.[1] In response, the Attorney-General’s Chambers (“AGC”) released a media statement explaining its decision,[2] and Attorney-General (“AG”) Lucien Wong referred to the matter in his […]

How do you prove you have no criminal record in Singapore?

Reading Time: 4 minutesSo, you are migrating, adopting a child or getting employed/educated in a different country. You have been requested to produce evidence of a clean criminal record in Singapore. How best would one go about proving a clean criminal record? In such circumstances, it would be best to obtain a document known as a “Certificate of […]