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 […]

香港:第二次机会──推翻认罪答辩的法律原则

Reading Time: 1 minutes在某些罕见情况下,被告人虽然有代表律师,但在作出认罪答辩前未获其律师提供适当意见(或被告人并无代表律师),则被告人可能需要以认罪答辩含糊为由,申请推翻其答辩。在最近HKSAR v Chan Chi Ho Lincoln [2018] HKCFA 64一案中,终审法院澄清了规管法院就被告人申请推翻认罪答辩而行使酌情权的原则。

Countering Workplace Sexual Harassment in Singapore

Reading Time: 9 minutesThe Story In 60 Seconds There’s no specific law in Singapore that directly addresses sexual harassment in the workplace. However, the Penal Code and the Protection from Harassment Act (POHA) provide measures that cover both physical and non-physical forms of sexual harassment. While no official statistics on the number of sexual harassment cases exist, the […]

What constitutes an illegal public assembly or procession?

Reading Time: 7 minutesIn the past six months alone, several illegal assemblies have left Singaporeans perplexed over what an “illegal assembly” means. This article takes a deeper look into the reasons to why these cases have made the term more contentious of late. In doing so, we hope to help you make a more informed decision before committing […]