SingaporeResourcesSingaporeResources

Presentation by Carol Wee & Lee Su-Lin25 May 2015

This tutorial serves as a basic introduction to Singapore law.

The focus will be on Singapore’s primary sources of law.

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Contents• The Singapore Legal System p.4• Sources of Law p.5

– Primary sources– Secondary sources

• Legislation p.8– The legislative process– Amendments to Acts– Where to find it– How to read it

• Case Law p.26– Singapore courts– Law reports– Case citation– Neutral citation– How to find it

• Our Library Guides p.47 3

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 onNSW Real Property Act 1900.

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Sources of Law

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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 LawDecisions of the Singapore courts.

Primary Sources

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1. Textbooks, casebooks, etc.2. Legal encyclopaedias3. Legal journals & law reviews4. Research literature. E.g. Theses5. 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

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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

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Legislative Process

The legislative power of Singapore is vested in the Legislature.

Legislature

Parliament of Singapore

President

ThePresident

I. Statutes

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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

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Legislative Process

Bills are introduced in Parliament and must passthree 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

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Legislative Process

Attorney-General’s ChambersDrafting and VettingGovernment bill

Introduction/First Reading• Bill• Parliamentary debate

*Second Reading•Bill•Parliamentary debate

Committee Stage

Committee of thewhole House• Bill• Parliamentary debate

Select Committee• Bill• Select Committee report

Parliament

Third Reading• Bill• Parliamentary debate

Presidential Council for Minority Rights Bill

Presidential AssentBill to Act

Government PrinterGazettingAct

I. Statutes

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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

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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

•Parliament of Singapore, How are Laws Made?http://www.parliament.gov.sg/sites/default/files/Edu%20Factsht%206%20-How%20are%20Laws%20Made%20%282012%29.pdf

I. Statutes

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Legislative Process II. Subsidiary LegislationActs 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.

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Amendments to Acts

Principal Act Amendments

Revised Edition of ActNote: authoritative version(available in print; a few in LawNet)

Act Supplement Subsidiary LegislationSupplement

Consolidated Version of Act

• Bill• Parliamentary debate

Consolidationof amendments

Substantial amendmentsto Act

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(available in Singapore Statutes Online)

Amendments to Acts

Earlier Revised Editions of the Singapore Statutes

1970 Rev. Ed.1955 Rev. Ed. 1985 Rev. Ed.

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Amendments to Acts

Note: The Acts supplement and subsidiary legislation supplement are part ofthe Government Gazette which is divided into a few other sections:

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Where to Find It

Source LocationStatutes (Revised edition) Print: K7399 (year)

Online: LawNet (a selection in PDF)

Statutes (Consolidated/Current version) Online: 1) Singapore Statutes Online 2) LawNet

Subsidiary Legislation (Revised edition) Print: K7449 1990

Subsidiary Legislation (Consolidated/Current version) Online: 1) Singapore Statutes Online 2) LawNet

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

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Where to Find It

Source LocationBills Print: K7499 SB

Online: Parliament of Singapore

Parliamentary Debates(Singapore Parliament Reports/Hansard)

Print: J618 SLAD

Online: Parliament of Singapore

Select Committee Reports Print: K7524 …

Online: Parliament of Singapore

Government Gazette Online: eGazette

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How to Read It

Title of ActChapter No.

Original Act

Current Rev. Ed.

PreviousRev. Eds.

Previous Rev. Eds.amended byActs Supplements

Date currentRev. Ed. came into effect

E.g. Computer Misuse Act 2007 Rev Ed

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How to Read It

E.g. Computer Misuse Act (Current Version) Access: Singapore Statutes Online http://statutes.agc.gov.sg/

Search for the Act

or browse the alphabetical list

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How to Read It

Click on relevant Act

E.g. Computer Misuse Act (Current Version)

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How to Read It

Amendments after 2007

Click on sliderto see legislative history

The name of the Act was amended by Act 3 of 2013

E.g. Computer Misuse Act (Current Version)

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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

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.

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Singapore Courts

Supreme Court

Court of Appeal

High Court

State Courts

District Courts Magistrates’ Courts

Family Justice Courts

Small Claims TribunalCoroners’ Court

Family Division of the High Court

Family Courts Youth Courts

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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).

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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-)

I. Singapore Law Reports

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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 SLR

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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 MLJ

III. Malayan Law Journal

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Law Reports IV. Singapore Syariah Appeals ReportsThe 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 SSC32

Law Reports

Title Abbreviation Publication date Ref

Kyshe’s Reports Ky 1885-1890 K7596 Ky

Straits Law Reports SLR Leic 1877 K7596 SLR

Straits Law Journal SLJ 1888-1892 K7596 SLJ

Straits Settlements Law Reports SSLR 1893-1931 (old series)

1927-1950 (new series)

K7596 SSLR

K7596 SSLR

Singapore Law Reports

Colony of Singapore Law Reports

SLR 1950-1951

1954-1957

K7599 SLR

K7599 SLR

V. Discontinued law reportsThe following table only shows a selection of historical law reports. All reports are

available via LawNet.

For more sources, refer to the LibGuide on Historical Sources of Singapore Law: http://libguides.nus.edu.sg/SGlawhistory

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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 .

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

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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.

VII. Decisions of Boards/Tribunals

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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

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Case Citation

• names of the parties to the case

Example

Court designators includeSGCA – Singapore Court of AppealSGHC – Singapore High CourtSGDC – Singapore District CourtSGMC – 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] SGHC 54, [1]

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Neutral Citation

How to Find It

Step 1:Find out what law report the abbreviation stands for by checking an index to legal abbreviationse.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

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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.

The index shows that SSLR stands for the Straits Settlements Law Reports

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I. Print

How to Find It

Step 2

Search for the law report in LINC

E.g. Salmah v Chop Chin Guan Hong [1929] SSLR 172

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I. Print

E.g. Salmah v Chop Chin Guan Hong [1929] SSLR 172

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How to Find ItI. Print

Once you obtain the law report, turn to page 172 for the case.

E.g. Salmah v Chop Chin Guan Hong [1929] SSLR 172

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How to Find ItI. Print

How to Find It

You may also obtain Singapore cases from full text databases.

Databases are particularly useful when you only have partial citations:

• LawNetThe only database that contains a comprehensive collection of Singapore cases

• Lexis SingaporeContains Singapore cases reported in the Malayan Law Journal from 1931 to 1991

II. Online

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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

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How to Find ItII. Online

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

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How to Find ItII. Online

Click here for PDF

E.g. Find the case heard in 2010 where one party was Ng Swee Hua

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How to Find ItII. Online

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Our Library Guides

Free Internet sources for law, esp. SG

Law LibGuides

On the C J Koh Law Library homepage:

The EndFor feedback, send an email to: llbleesl@nus.edu.sg

Updated 26 May 2015© C J Koh Law Library 2015