PRESIDENT’S MESSAGE Dear Readers,
It is really my privilege to be the President writing the President’s Message for the 10th Edition of Lex Loci, the annual law review of the United Kingdom Singapore Law Students’ Society. Looking back at the past ten years, I realise that we are all really dwarves standing on the shoulders of giants. Society alumni have spoken to me about the initial challenges they faced getting our sponsoring firms on board with the idea of printing a legal journal authored by Singapore law students in the UK. This year, we celebrate an entire decade of academic commentary, furthering Singapore jurisprudence from the perspective of a UK legal education. Much has to be said, however, about this particular edition of Lex Loci. Firstly, credit must be given to the Editor-in-Chief, Esther Lim, and her Editorial Committee. I am very proud to declare that Lex Loci is 100% a student effort. Each article is written and edited by our student members; every graphic and the layouting done by our in-house Managing Editor for Graphics and Layouts, Trina Tan. Being a Society whereby our members are scattered all across the United Kingdom, coordinating an editorial effort can be quite the nightmare. I am thus extremely proud of our Editorial Committee which has risen to the occasion. Lex Loci continues to be an important avenue for the Singapore law student studying in the UK to comment on the development of Singapore jurisprudence while reading English law. Very often, Singapore case law is neglected until one’s Part A course, or perhaps, when a Contract Law textbook mentions Andrew Phang JA’s coda in Gay Choon Ing v. Loh Sze Ti Terence Peter [2009] 2 SLR 332 on the doctrine of consideration. Submitting an article to Lex Loci thus forces the UK-based law student to delve deep into the approach Singapore courts have taken on particular areas of legal interest, and to develop greater appreciation for the nuances between Singapore and English law. It is heartening that in spite of studying 6000 miles away from Singapore, law students in the UK undoubtedly remain connected to the jurisprudence of their homeland. Our community took a hit this year, with 8 of our Member Universities being delisted from the Ministry of Law’s List of Overseas Scheduled Universities. Almost half of our universities were culled, and from a policy perspective, we were the “problem”. We were the reason for the “oversupply” of law students back in Singapore, and thus the efficient demand-and-supply solution was to slice us off to achieve a better price point on the demand and supply curve. As mere students, we can do little to influence big picture policy changes. However, what we must do is to continue to be diligent purveyors of the law. The legal profession requires the individual to analyse and advise and give good counsel. To do these things one requires judgment and wisdom, which can only come through deep reflective study. The Singapore legal industry continues to be an increasingly exciting place for legal practice. This year, we saw BCBC Singapore Pte Ltd v. PT Bayan Resources TBK (SIC/S 1/2015) as the first case to be heard before the newly established Singapore International Commercial Court. The litigants were a Singapore subsidiary of an Australian company and an Indonesian company respectively, while the panel of 3 judges to hear the case were from Singapore, the United Kingdom, and Hong Kong. The Singapore International Arbitration Centre continues to see an increasing caseload, with a large number of cases concerning disputes unconnected to SIngapore. The disputes sector is not alone in this spike in legal work, with an increasing number of foreign firms expanding their Singapore practices with a strong focus on corporate work. Big local firms are also increasingly regionalising their practices. Whatever the rhetoric might be, an international education can never be a liability in a rapidly-internationalising legal arena. Speaking from personal experience, my own education at King’s has been peppered with influences from Continental European and 11
American jurisprudence, allowing me to take different perspectives to the same subject. Studying in the heart of the common law world has also offered me a deeper appreciation for English legal tradition. In an area of law that I take particular academic interest in, tax law, English cases have always formed the foundation for the different methods of thinking about tax issues, be it in Australia, New Zealand, Hong Kong, or Singapore. In the area of competition law, jurisprudence from the European Court of Justice holds particular sway before the Singapore courts. The syllabi of local law schools continue to take a more international direction, with options for the study of foreign legal systems, as well as different exchange or dual degree programs with foreign universities. In 2015, it is vital that, being future lawyers, we maintain a global perspective. Singapore is ultimately an island; we cannot survive on our own. With that, I want to wish all readers a happy read. Flip through the pages and read what interests you; I hope that these articles will inspire you to contribute to our little journal of commentary in its next edition. We will always have more pages for more members to write. I have been told that Lex Loci has also been reference material for pre-university students to aid their applications to law school. Should you be that student, I hope that Lex Loci has provided you with a fresh perspective of the law, and that we did not deter you from legal education. I also wish to thank Benjamin Cheong, David Chee, Terence Teo, Josephus Tan, Nandakumar Ponniya, Nicolas Patrick, Wilson Hue, Juliana Yap, Priscilla Kam, Michael Hor and Jolene Tan for so kindly taking time to give interviews for our Features section. Your work has allowed our readers to gain a deeper insight into various aspects of legal practice and academia, and provided us with alternative vantages outside of the four walls of law school. Last but not least, I wish to extend my heartfelt appreciation to Senior Judge and former Chief Justice Chan Sek Keong, who even in his retirement continues to lead by example – reading, contemplating, and critiquing each individual article. His advice and guidance to the young law students that we are are invaluable. We are exceedingly humbled by your wisdom and magnanimity. Finally, thank you, for supporting the Society wholeheartedly in its 17 years of existence. It has been my immense privilege serving you as President, and I wish you all the best in your legal education. Yours truly, Kok Weng Keong President of the United Kingdom-Singapore Law Students’ Society