: UPDATE: A Guide to the Singapore Legal System and Legal Research
by Tzi Yong Sam Sim[1]
July 2008 Update by Tzi Yong Sam Sim
September/October 2007 update by Arundhati Ashok Satkalmi
Tzi Yong 'Sam' Sim is a graduate of the National University of Singapore (LLB). He holds BA, MA from Cambridge University, and LLM (2007) from the New York University School of Law.
Arundhati Ashok Satkalmi is the Senior Reference and Documents Research Librarian at the Rittenberg Law Library of St. John's University School of Law. Prior to joining St. John's in 1991, Aru worked as the Senior Information Specialist in the corporate headquarters of the Exxon Corporation in New York. In addition to the Masters in Library Science from St. John's University, she holds Masters in Government and Politics where she specialized in International Law. She wrote a thesis titled International Convention for the Control and Management of Ship's Ballast Water and Sediments of 2004: An Analysis of Logical and Practical Aspects. She also holds a Master of Science degree in Geology from Poona University. She has presented the topic of International Marine Environmental law to the Indian Society of International Law and American Association of Law Librarians. She has published for Globalex Researching International Marine Environmental Law.
Published July 2008
Introduction
This guide will hopefully serve as a useful, convenient preliminary introduction to the Singapore Legal System, a wonderful example of the successful application of Common law in a multi-ethnic Asian setting, providing the legal framework with which to forge a disparate gathering of immigrants into a nation and to enable the economic leap-frog from Third World to First in a single generation.
Table of contents
Major Constitutional Developments: Post-independence
Alternative Dispute Resolution
Competition Commission of Singapore
Primary Legislation: Acts of Parliament
Electronic Sources for Legislation
Selected Legislation (including treaties)
Electronic Sources for Case Law
Legislation and Case Law Indexes
Singapore Journal of Legal Studies
Sources of Parliamentary Proceedings
Free Trade and Avoidance of Double Taxation Agreements
The Singapore Legal Profession
Legal News & Current Awareness
The name Singapura comes from the Sanskrit singha ("lion") and pura ("city"). According to the Malay Annals, this name was given by a 14th century Sumatran prince named Sang Nila Utama, who, having landed on the island after a thunderstorm, spotted an auspicious beast on the shore. His chief minister erroneously identified this creature as a 'singha', or lion. With the first recorded settlement dating back to the 2nd century AD, the island was an outpost of the Sumatran Srivijaya empire and originally had the Javanese name Temasek ('sea town'). In the third century, a Chinese account gave reference to Singapore as Pu-luo-chung, or "island at the end of a peninsula". Temasek (Tumasek) rapidly became a significant trading settlement, but declined in the late 14th century. Between the 16th and early 19th centuries, Singapore island was part of the Sultanate of Johor. During the Malay-Portugal wars in 1613, the settlement was set ablaze by Portuguese troops. The Portuguese subsequently held control in that century and the Dutch in the 17th, but throughout most of this time the island's population consisted mainly of fishermen.
Modern day Singapore was founded in 1918 by the British. In extending their dominion over India and increasing trade with China in the second half of the 18th century, the British saw a need for a port of call in the South-East Asia region. Sir Stamford Raffles, Lieutenant-Governor of Bencoolen establish a trading station upon landing on 29 January 1819; on 6 February 1819, he concluded a formal treaty with Sultan Hussein of Johor and the Temenggong,[3] the de jure and defacto rulers of Singapore respectively.
In 1824, Singapore's status as a British possession was formalized by two new treaties. The first was the Anglo-Dutch Treaty of March 1824,[4] by which the Dutch withdrew all objections to the British occupation of Singapore. The second treaty was made with Sultan Hussein and Temenggong Abdu'r Rahman in August,[5] by which the two owners ceded the island out right to the British in return for increased cash payments and pensions.
The Straits Settlements and Japanese Occupation
Singapore, together with Malacca and Penang, the two British settlements in the Malay Peninsula, became the Straits Settlements in 1826, under the control of British India. As a result, British common law applied to Singapore as it did in India, especially the Penal Code which was imported from the penal laws applicable to India[6] during that time.
By 1832, Singapore had become the centre of government for the three areas. On 1 April 1867, the Straits Settlements became a Crown Colony[7] under the jurisdiction of the Colonial Office in London.
During the ensuing decades, Singapore prospered as a trading post and as the major strategic naval station in the Far East of the British. This was interrupted when Singapore fell to the Japanese on 15 February 1942, and was renamed Syonan (Light of the South).[8] It remained under Japanese occupation for the next three and a half years. Japanese law applied during this time.
Towards Self-Government - Birth of the Constitution
The British forces returned in September 1945 and Singapore came under the British Military Administration. When the period of military administration ended in March 1946, the Straits Settlements was dissolved. On 1 April 1946, Singapore became a Crown Colony with a new Colonial Constitution.[9] Constitutional powers were initially vested in the Governor who had an advisory council of officials and nominated non-officials. This evolved into the separate Executive and Legislative Councils in July 1947. The Governor retained firm control over the colony but there was provision for the election of six members to the Legislative Council by popular vote. Hence, Singapore's first election was held on 20 March 1948.
When the Communist Party of Malaya tried to take over Malaya and Singapore by force, a state of emergency was declared in June 1948. The emergency lasted for 12 years. Towards the end of 1953, the British government appointed a commission under Sir George Rendel to review Singapore's constitutional position and make recommendations for change. The Rendel proposals were accepted by the government and served as the basis of a new constitution that gave Singapore a greater measure of self-government.
The 1955 election was the first active political contest in Singapore's history. The Labor Front won 10 seats and David Marshall became Singapore's first Chief Minister on 6 April 1955, with a coalition government made up of his own Labor Front, the United Malays National Organization and the Malayan Chinese Association. Marshall resigned on 6 June 1956, after the breakdown of constitutional talks in London on attaining full internal self government. Lim Yew Hock, Marshall's deputy and minister for Labor became the Chief Minister. The March 1957 constitutional mission to London led by Lim Yew Hock was successful in negotiating the main terms of a new Singapore Constitution.
On 28 May 1958, the Constitutional Agreement was signed in London. The British Parliament passed a State of Singapore Act[10] and Singapore's status was changed from a colony to a state. The Singapore (Constitution) Order-in-Council[11] was enacted and it created the position of a Yang di-Pertuan Negara as the constitutional head of state, a prime minister and a 51-elected member Legislative Assembly.
Self-government was attained in 1959. In May that year Singapore's first general election was held to choose 51 representatives to the first fully elected Legislative Assembly. The PAP won 43 seats, gleaning 53.4 percent of the total votes. On June 3, the new Constitution confirming Singapore as a self-governing state was brought into force by the proclamation of the Governor, Sir William Goode, who became the first Yang di-Pertuan Negara (Head of State). The first Government of the State of Singapore was sworn in on June 5, with Mr. Lee Kuan Yew as Singapore's first Prime Minister.
Part of Malaysia
To prevent a communist take-over of Singapore, on 27 May 1961, the Malayan Prime Minister, Tunku Abdul Rahman, proposed closer political and economic co-operation between the Federation of Malaya, Singapore, Sarawak, North Borneo and Brunei in the form of a merger. The main terms of the merger, agreed on by him and Lee Kuan Yew, were to have central government responsibility for defense, foreign affairs and internal security, but local autonomy in matters pertaining to education and labor. A referendum on the terms of the merger held in Singapore on 1 September 1962 showed overwhelming support the merger. Malaysia was formed on 16 September 1963, and consisted of the Federation of Malaya, Singapore, Sarawak and North Borneo (now Sabah). Brunei opted out. Singapore officially joined the Federation of Malaysia. The Sabah, Sarawak and Singapore (State Constitutions) Order-in-Council was enacted. [12]
Independence
The merger proved to be short-lived. Singapore was separated from the rest of Malaysia on 9 August 1965, and became a sovereign, democratic and independent nation. This separation was effected by three documents: The Constitution of Malaysia (Singapore Amendment) Act,[13] the Constitution of Singapore (Amendment) Act[14] and the Republic of Singapore Independence Act of 1965.[15]
Independent Singapore was admitted to the United Nations on 21 September 1965,[16] and became a member of the Common wealth of Nations on 15 October 1965. On 22 December 1965, it became a republic, with Yusof bin Ishak as the republic's first President.
The Constitution of Singapore is the supreme law of Singapore and it is a codified constitution. The Constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings. The president may seek opinion on constitutional issues from a tribunal consisting of not less than three judges of the Supreme Court. Singaporean courts, like the courts in Australia, cannot offer advisory opinions on the constitutionality of laws.
Fundamental Rights
The Constitution entrenches certain fundamental rights, such as the freedom of religion, freedom of speech and equal rights. These individual rights are not absolute but qualified by public interests such as the maintenance of public order, morality and national security. Apart from the general protection of racial and religious minorities, the special position of Malays, as the indigenous people of Singapore, is constitutionally mandated.
Powers and Functions of Organs of State
The Constitution contains express provisions delineating the powers and functions of the various organs of state, including the Legislature (Section 5), the Executive (Section 6) and the Judiciary (Section 7).
The judge is the arbiter of both law and fact in Singapore. The jury system had been limited in Singapore and was entirely abolished in 1970.[17] Judicial power is vested in the Supreme Court[18] (comprising the Singapore Court of Appeal and the High Court) as well as the Subordinate Courts.
The Court of Appeal
The highest court of the land is the permanent Court of Appeal which hears both civil and criminal appeals emanating from the High Court and the Subordinate Courts. As a significant watermark of Singapore's legal history, appeals to the Privy Council in England were abolished in 8 April 1994. The Practice Statement on Judicial Precedent issued by the Supreme Court on 11 July 1994 clarified that the Singapore Court of Appeal is not bound by its own decisions as well as prior decisions of the Privy Council. However, it would continue to treat such prior decisions as normally binding, though it may depart from the prior precedents where it appears right to do so.
The Chief Justice sits in the Court of Appeal together with the Judges of Appeal. A Judge of the High Court may, on the request of the Chief Justice, sit in the Court of Appeal. The Court of Appeal is presided over by the Chief Justice, and in his absence, a Judge of Appeal or a Judge of the High Court. The Court of Appeal is usually made up of three Judges. However, certain appeals, including those against interlocutory orders, may be heard by only two Judges. If necessary, the Court of Appeal may comprise five or any greater uneven number of Judges.
The High Court
The High Court consists of the Chief Justice and the Judges of the High Court. A Judge of Appeal may also sit in the High Court as a Judge. Proceedings in the High Court are heard before a single judge, unless otherwise provided by any written law. The High Court may also appoint one or more persons with expertise in the subject matter of the proceedings to assist the court.
The High Court Judges enjoy security of tenure whilst the Judicial Commissioners are appointed on a short-term contract basis. Both, however, enjoy the same judicial powers and immunities. Their judicial powers comprise both original and appellate jurisdiction over both civil and criminal matters.
The High Court hears both criminal and civil cases as a court of first instance. The High Court also hears appeals from the decisions of District Courts and Magistrate's Courts in civil and criminal cases, and decides points of law reserved in special cases submitted by a District Court or a Magistrate's Court. In addition, the High Court has general supervisory and revisionary jurisdiction over all subordinate courts in any civil or criminal matter.
With a few limited exceptions, the High Court has the jurisdiction to hear and try any action where the defendant is served with a writ or other originating process in Singapore, or outside Singapore in the circumstances authorised by Rules of Court; or where the defendant submits to the jurisdiction of the High Court. Generally, except in probate matters, a civil case must be commenced in the High Court if the value of the claim exceeds $250,000.00. Probate matters are commenced in the High Court only if the value of the deceased's estate exceeds $3,000,000.00 or if the case involves the resealing of a foreign grant. In addition, ancillary matters in family proceedings involving assets of S$1,500,000.00 or more are also heard in the High Court.
The following matters are also exclusively heard by the High Court:
The High Court has jurisdiction to try all offences committed in Singapore and may also try offences committed outside Singapore in certain circumstances. In criminal cases, the High Court generally tries cases where the offences are punishable with death or imprisonment for a term which exceeds 10 years.
The Constitutional Tribunal
A special Constitutional Tribunal was also established, within the Supreme Court, to hear questions referred to by the Elected President on the effect of constitutional provisions.
The Subordinate Courts[19]
The Subordinate Courts (consisting of the District Courts, Magistrates' Courts, Juvenile Courts, Coroners Courts as well as the Small Claims Tribunals) have also been set up within the Singapore judicial hierarchy to administer justice amongst the people. With the increased sophistication in business transactions and law, the Commercial Civil and Criminal District Courts have recently been established within the Subordinate Courts to deal with the more complex cases.
The District and Magistrates' Courts
The District Courts and the Magistrates' Courts share the same powers over specific matters such as in contractual or tortious claims for a debt, demand or damage and in actions for the recovery of monies. However, the jurisdictional monetary limits in civil matters for the Magistrates' Courts and District Courts are $60,000 and $250,000 respectively. The courts also differ in terms of criminal sentencing powers. Imprisonment terms imposed by the Magistrates' Courts are limited to two years and for the District Courts, seven years.
The Small Claims Tribunals[20]
The Small Claims Tribunals, on the other hand, afford a speedier, less costly and more informal process for the disposition of small claims with a monetary limit of only $20,000 (provided the disputing parties consent in writing).
Family Courts[21]
The Family Courts deal with divorces, maintenance, custody and adoptions.
Other Specialized Courts
Apart from the above courts, the following are specialized courts:
The Courts and Information Technology
The Judiciary has taken major steps in utilizing information technology in the courts which has, in part at least, enhanced its efficiency. The Technology Courts were, for instance, set up to enable the sharing of information by lawyers and judges and the giving of evidence by witnesses via video conferencing. Legal actions involving a company or an individual may be monitored using a facility known as Casewatch. The Electronic Filing System (EFS), a joint project by the Judiciary, Singapore Network Services and the Singapore Academy of Law (http://www.sal.org.sg) to enable the filing, extraction and service of court documents as well as the tracking of case information by electronic means, has recently undergone further refinements to upgrade services to end-users. Various information technology innovations have also been utilized to facilitate and streamline various criminal processes, namely the registration and management of criminal cases (SCRIMS), the processing of traffic charges between the police and the courts (TICKS 2000) and the payment of fines for minor traffic offences (ATOMS).
Alternative dispute resolution (ADR) is rapidly growing as an alternative means of dispute resolution for matters ranging from domestic and social conflicts to large-scale cross-border legal disputes. ADR, with negotiation, mediation and arbitration as the main modes practiced in Singapore, is an effective, efficient and economical means of resolving a spectrum of disputes in a variety of settings.
ADR began tentatively in the 1980s when the government envisaged Singapore as a major dispute resolution centre. The Singapore Government is a strong proponent of ADR and has put in place substantive institutional and infrastructural framework to support this endeavor. The Rules of Court (Cap 322, Rule 5, 1999 Rev Ed) provide ample opportunity for ADR even within a litigation setting. Various modes of ADR could still be relied upon even if litigation proceedings have begun. For instance, litigants or their legal representatives may either apply to the court for the matter to be referred to mediation, or directly to the Singapore Mediation Centre itself.
In 1986, Singapore acceded to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.[22] Under this Convention, each contracting State is required to recognize and enforce arbitral awards made in another contracting State. Arbitral awards rendered in Singapore are potentially enforceable in more than 120 jurisdictions. The International Arbitration Act (Cap 143A, 2002 Rev Ed),[23] which incorporates the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration,[24] gives effect to the Convention.
In 1991, the Singapore International Arbitration Centre (SIAC) was established. This was followed by the establishment of the Singapore Mediation Centre (SMC) in 1997. In 1994, mediation of civil disputes was first introduced in the Subordinate Courts through the Court Mediation Centre. Since then, mediation is routinely conducted in the Small Claims Tribunals, the Family Court, the Juvenile Courts, and the Ministry of Community, Youth and Sports' Maintenance of Parents Tribunal (Cap 167B). In "e@dr", electronic technology has been harnessed for parties in e-commerce transactions to resolve their disputes through the internet.
As part of the national effort to foster a mediation culture, the Community Mediation Centres Act (Cap 49A, 1998 Rev Ed)[25] was enacted in 1997 to spearhead the community mediation endeavor, which is seen as an effective means of settling relational disputes on the ground, especially in multi-racial, multi-religious Singapore. There are now four regional Community Mediation Centres (CMCs) and seven satellite mediation venues. The effort is aimed at developing an Asian model of mediation drawing on the customary and influential role of the traditional leaders of the various races in mediating conflicts within those communities.
In April 2003, the Chief Justice appointed Justice Judith Prakash to preside over all arbitration matters brought before the High Court. This is part of the Judiciary's goal of ensuring that Judges with the requisite expertise and experience preside over cases involving specialized areas of law and commercial practice.
The Subordinate Courts now offer Court Dispute Resolution (CDR) and Court Dispute Resolution International (CDRI). CDR is a free-of-charge voluntary settlement process by which the parties reach a satisfactory solution with the aid of a neutral third person, the Settlement Judge. The parties begin by having a joint discussion with the Settlement Judge regarding their positions and requirements. At various stages, the Settlement Judge may call for a caucus - a private session - where he speaks to the parties separately, in order to conduct a full and frank discussion of the issues. In this way, issues can be identified and all involved can then proceed to map out a suitable solution.
CDRI is a settlement conference co-conducted by a Singapore Subordinate Courts Judge and a Judge, from another jurisdiction, such as Australia, Europe, or the United States of America. The co-mediation provides a forum in which additional judicial perspectives and views are brought to bear on disputes. CDRI will be confined to issues of fact, and will be conducted using the Early Neutral Evaluation approach.
The Ministry of Law ("MinLaw") helps to create, maintain and enhance Singapore's business climate through the implementation of sound, transparent and pro-business legal policies and an updating of the code of law originally inherited from the British.
Areas managed by the Ministry of Law include constitutional and trustee matters, legal policies on civil and criminal justice, alternative dispute resolution and community mediation, the administration of intellectual property rights, as well as the administration of land titles and the management of state properties. The site has a useful link to Singapore Laws & Legal Research Materials.
The Attorney General's Chambers ("AGC") is the Government's legal adviser in all aspects of public administration law, criminal law, international law, legislation and law reform; AGC provides a vast array of legal expertise for the good governance of Singapore. The Attorney-General ("AG") is the legal adviser to the Government. He is also the Public Prosecutor. The AG discharges his responsibilities and duties through 5 legal divisions (Civil, Criminal Justice, International Affairs, Legislation and Law Reform and Revision), with the support of the Corporate Services Division, the Computer Information Systems Department and the Library and Resource Centre. In addition, the AGC provides the Singapore Statutes.Online service. This is an online database which provides access to Acts passed by the Singapore legislature. The AGC has a Legal Profession (International Services) Secretariat ("LPS") which is responsible for registering and regulating foreign law firms and foreign lawyers wishing to practise foreign law in Singapore. The LPS also regulates the practise of Singapore law in the banking, finance and corporate work of joint law ventures.
Finally, the AGC is also involved in the publication of various types of documents which may be of interest to members of the public. This includes Revised Editions of the Laws of Singapore, Law Reform Reports and Consultation Papers issued to garner feedback from members of the public.
The Competition Commission of Singapore's work includes promoting fair competition, maintaining and enhancing efficient market conduct and promoting overall productivity, innovation and competitiveness of markets in Singapore. It acts internationally as the national body representative of Singapore in respect to competition matters and it advises the Government or other public authority on national needs and policies in respect to competition matters generally. The Commission has powers to investigate and adjudicate anti-competitive activities. It will also have the powers to impose sanctions.
It is comprised of two main functional groups. The Policy and Economic Analysis (PEA) Group will establish the policy framework and guidelines in implementing the Competition Act; undertake economic analysis and conduct market studies; and investigate and evaluate the economic merits of competition cases. The Legal and Enforcement (LE) Group will work with the PEA Group and ensure that the overall system to be put in place is fully compliant with the legal framework under the law. The LE Group will undertake legal analyses; review and prepare all the legal documentation needed in the course of the Commission's work; and represent the Commission in appeal and legal cases. In addition, the LE Group will take the lead in educating the business community on the competition law regime and liaise with other sectoral regulators and international competition authorities on co-operation arrangements. Click here for a list of publications and guidance on the competition law in Singapore.
A joint initiative of the Attorney-General's Chambers and the Managing for Excellence Office, Ministry of Finance, the Singapore Statues Online is a legal research tool which offers the public free access to the full text consolidation of Acts of Parliament that are in force. The Singapore Statutes Online is a subset of the Versioned Legislation Database (VLDB), the official database of Bills, Acts and subsidiary legislation of Singapore. The Singapore Statutes Online is updated once a month (generally on the 15th of the month). The Singapore Statutes Online provides an alphabetical index of the Act titles and a search interface for easy retrieval of any Act or provisions of Acts.
Bills introduced (commencement of 10th Parliament)
Bills introduced and passed in Parliament from 1 April 2002, beginning with the Police Force (Amendment) Bill (Bill no.01/2002), are available on the Singapore Parliament website. Statutes of the Republic of Singapore is a source for prior primary legislation available in print format. Subsidiary Legislation of the Republic of Singapore - also a print publication - provides access to prior secondary legislation.
Singapore Statutes Online contains full texts of consolidated Singapore statutes, including the legislative history of each Act. Amendments to statutes are updated regularly on this website, but take note that only the Revised Editions of Acts are authoritative. This is administered by the Attorney-General's Chambers.
Lawnet is a fee-based network administered by the Singapore Academy of Law. Subscribers to the Legal Workbench database have access to Singapore legislation, case law and treaties including:
LawNet Legal Workbench maintains a comprehensive and up-to-date repository of on-line legal research information such as statutory and case law.
Complimentary Access for Legal Academics
This service offers three months complimentary access to Legal Workbench for the purpose of writing academic papers or articles touching on Singapore law. See LawNet for more details.
Arbitration Rules
The SIAC rules and the SIAC Domestic Arbitration Rules are published by the Singapore International Arbitration Centre (SIAC).
Free Trade Agreements
Full texts of free trade agreements concluded between Singapore and other countries. Published by the Ministry of Trade and Industry. [27]
Internet Policy and Regulatory Framework
The Media Development Authority regulates Internet Service Providers and Internet Content Providers through the Class License Scheme and Internet Code of Practice.
Intellectual Property Office of Singapore Practice Directions
Practice directions relating to patents, trademarks, registered designs and plant varieties protection. Click on "Legal Resources" on the top menu bar of the webpage for a complete listing of the various categories.
Manpower Legislation
Acts and regulations relating to labor relations, occupational health and occupational safety. Published by the Ministry of Manpower.
Monetary Authority of Singapore - Legislation & Notices
The Monetary Authority of Singapore publishes statutes, regulations and notices which it administers as well as other legislation which govern the financial industry in Singapore.
Monetary Authority of Singapore - Singapore Code on Take-overs and Mergers
Published on the MAS website.
Rules of Court (Supreme Court of Judicature Act)
Rules made pursuant to the Supreme Court of Judicature Act relating to all proceedings within the jurisdiction of the Supreme Court and Subordinate Courts. This latest revised edition incorporating all amendments up to 1 April 2006 is published by the Supreme Courts.
Inland Revenue Authority of Singapore
e-Tax Guides are an electronic store of tax guides. This service aims to provide convenient and timely access to tax information grouped along the headings of Income Tax, GST, Property, Stamp duty and Charities/ IPCs.
Tax Treaties
The Avoidance of Double Taxation Agreements concluded by Singapore since 1965 are available in full text. These are made available by the Inland Revenue Authority of Singapore.
Women's Charter and Others
The Women's Charter and rules issued under the Act are made available by the Family Court of Singapore.
Singapore has inherited the English common law tradition. In essence, the common law system of Singapore is characterized by the doctrine of judicial precedent (or stare decisis). According to this doctrine, the body of law is created incrementally by judges via the application of legal principles to the facts of particular cases. In this regard, the judges are only required to apply the ratio decidendi (or the operative reason for the decision) of the higher court within the same hierarchy. Thus, in Singapore, the ratio decidendi found in the decisions of the Singapore Court of Appeal are strictly binding on the Singapore High Court, the District Court and the Magistrate's Court. The court decisions from England and other Commonwealth jurisdictions are, on the other hand, not strictly binding on Singapore. Other judicial statements (obiter dicta) made by the higher court in the judgment which do not directly affect the outcome of the case may be disregarded by the lower court.
The lower court is able, in some cases, to avoid having to apply the ratio decidendi in a prior higher court's decision if (a) it can materially distinguish the facts of the case before the lower court from those in the prior higher court's decision; or (b) the higher court's decision was made per incuriam (that is, without abiding by the doctrine of stare decisis) in the first place.
Influences of and Departures from English Common Law
The heavy influence of the English common law on the development of Singapore law is generally more evident in certain traditional common law areas (such as Contract, Tort and Restitution) than in other statute-based areas (such as Criminal Law, Company Law and the Law of Evidence). With respect to the latter, other jurisdictions such as India[28] and Australia[29] have strongly influenced the approach and content of some of these statutes.
However, the erstwhile tendency of Singapore courts to adhere to English decisions has recently given way to some significant departures from the English courts (even in the traditional common law areas). This development of local jurisprudence reflects the need for the autochthony of Singapore law is further driven by the European Union legal developments and their impact on the British system.
Singapore Law Reports
Under an arrangement with the Government and Supreme Court of Singapore, the Singapore Academy of Law is Singapore's official law-reporting agency with primary responsibility for the selection and publication of Singapore case law.
First published in 1992, the Singapore Law Reports are an integral part of legal practice and scholarship in Singapore. The series reports on a fortnightly basis all legally-significant cases heard in the Singapore Court of Appeal and High Court, and by the Constitutional Tribunal. Cases are selected for publication by the Council of Law Reporting chaired by the Attorney-General. The Singapore Law Reports are available in print and on-line though the Legal Prospector module of LawNet.
LawNet: Legal Workbench
Subscription database containing Singapore case law. Use of LawNet is on a per-session basis in half-an-hour blocks of time for the following:
1) Singapore Law Reports
2) Malayan Law Journal
3) Academy Digest
4) Unreported judgments
Mallal's Digest: Consolidated Table of Cases 2000 Reissue
Alphabetical table of cases digested in the fourth edition of Mallal's Digest Reissue volumes. Refer to the Preface for dates of coverage. Available at the National University of Singapore library.
The Singapore Law Reports : Consolidated Index and Tables
There are 2 volumes containing alphabetical tables and subject indexes of cases reported in the Singapore Law Reports for the years 1965-1996 and 1997-2000 respectively. For more recent cases, refer to the tables and indexes in the individual volumes of the Singapore Law Reports. Available in the National University of Singapore library.
Case Law & Decisions
Free access to judgments of the following courts for the last 3 months are provided by LawNet.
Grounds of Decision for Cases of Public Interest
Full text judgments from the Subordinate Courts
SingaporeLaw: Judgments
Case law on this website includes Supreme Court judgments of the past three months and a selection of earlier judgments. Managed by the Singapore Academy of Law.
Trade Mark Decisions
Summaries of grounds of decisions made by the Registry of Trade Marks (1999-). The summaries are for information only and are not meant to be a comprehensive.
This full-text database contains cases from the Singapore Law Reports from 1965 to present and Malayan Law Journal from 1932 to present.
Subscription database containing Singapore case law, in particular:
1) Singapore Law Reports
2) Malayan Law Journal
3) Academy Digest
4) Unreported judgments
Mallal's Digest: Consolidated Table of Cases 2000 Reissue
Alphabetical table of cases digested in the fourth edition of Mallal's Digest Reissue volumes. Refer to the Preface for dates of coverage. Available in the National University of Singapore library.
The Singapore Law Reports: Consolidated Index and Tables
There are 2 volumes containing alphabetical tables and subject indexes of cases reported in the Singapore Law Reports for the years 1965-1996 and 1997-2000 respectively. For more recent cases, refer to the tables and indexes in the individual volumes of the Singapore Law Reports. Available in the National University of Singapore library.
Singapore Subsidiary Legislation (1981-1991) / Singapore Subsidiary Legislation (1991-)
Searchable indexes of all amendments to Singapore Subsidiary Legislation (1990 Ed.). Available in the National University of Singapore library.
The Statutes of the Republic of Singapore (Indexes)
The Alphabetical Index of Public Acts, Subject Index to Acts, and Chronological Table of Singapore Acts are found at the front of the first volume of the Statutes. Available in hardcopy at the Loans Desk of the C J Koh Law Library, the National University of Singapore.
The Singapore Journal of Legal Studies (and its predecessor journals, the University of Malaya Law Review and the Malaya Law Review) is in its 5th decade of publication. The journal is managed by its Editorial Committee drawn from the Law Faculty of the National University of Singapore with assistance and advice from eminent legal personalities from other institutions in Singapore and abroad. It is fully peer-reviewed under conditions of anonymity by subject specialists within and outside the Law Faculty, NUS.
It is one of the oldest legal journals in the British Commonwealth. The Journal has always covered both domestic and international legal developments.