On 31 July 2017, the Ministry of Manpower, the National Trades Union Congress, and the Singapore National Employers Federation jointly released the new Tripartite Standard on Employment of Term Contract Employees (the “Standard“). The new Standard is not mandatory, but employers who adopt the Standards can distinguish themselves terms of human resource and employment practices, enhancing their attractiveness as employers and staff retention.
Legislative Update: Consultation & Proposed Amendments to PDPA in view of technological advancements and data security issues
The Personal Data Protection Act (PDPA) came into effect on 1 July 2014, and was developed with reference to international frameworks, namely the OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data (“OECD Guidelines”) and the APEC Privacy Framework, and data protection laws of jurisdictions such as the European Union, the United Kingdom, Hong Kong, Canada, Australia and New Zealand.
In view of technological advances and global developments, such as Big Data, cybersecurity and cyberterrorism, Internet of Things and Artificial Intelligence, the Personal Data Protection Commission (PDPC) is considering other possible bases for collecting, using and disclosing personal data under the PDPA, as well as the need for mandatory data breach notifications to PDPC and affected individuals under the PDPA. The PDPC is also cognisant that there may be instances where consent is not desirable or appropriate, such as for detection of fraud or security threats.
The PDPC is therefore considering 2 main amendments to the PDPA:
- enhanced framework for the collection, use and disclosure of personal data (the “Enhanced Framework”); and
- mandatory data breach notification framework.
Case Update: Warner-Lambert Company LLC v Novartis (Singapore) Pte Ltd [2017] SGCA 45 – landmark decision on patent law
Warner-Lambert Company LLC v Novartis (Singapore) Pte Ltd [2017] SGCA 45
Significance: Landmark Singapore Court of Appeal decision on issues in patent law not previously considered before by the Singapore courts. The case involved two large pharmaceutical companies. These issues relate to the protection of subsequent medical uses of known substances and the validity of “Swiss-style” claims under the Patents Act. Warner-Lambert Company LLC’s appeal failed in this case. It tried to apply to amend its patent which was alleged to be invalid for claiming a monopoly over methods of treatment of the human or animal body, something impermissible under Singapore’s patent law as section 16(2) of the Patents Act provides: “An invention of a method of treatment of the human or animal body by surgery or therapy or of diagnosis practised on the human or animal body shall not be taken to be capable of industrial application.” The Court upheld the trial judge’s findings that the amendments, if granted, would extend the scope of protection of the patent and that there had been undue delay by Warner-Lambert in seeking the amendments which warranted the exercise of the court’s discretion to disallow the amendments.
Article: Legal Debt Recovery
1. Someone owes you money? Breached a contract/agreement? Failed to deliver goods or services?
You can legally claim against the person or entity (e.g. company, LLP) for the debt, your losses, and/or a refund of the price. Here are some issues to consider in deciding how to claim or sue to pursue legal debt recovery against the person.
MAS clarifies approach to ICO or token sales
On 1 August 2017, MAS issued a press release clarifying its approach to initial coin or token offerings (ICO) or token issuance or sales. This note provides some comments on MAS’ clarification. It is of significant interest because there have been several ICOs conducted in Singapore recently, and has thus attracted interest in prospective issuers looking to raise funds by way of ICO. This comes shortly after the US Securities and Exchange Commission (SEC) announced that certain ICOs would amount to “securities”.
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Legislative Update: Securities and Futures (Amendment) Act 2017
In January 2017, Parliament passed the Securities and Futures (Amendment) Act 2017 which sought to make changes to the Securities and Futures Act (SFA) administered by the Monetary Authority of Singapore (MAS).
It has come into force on 8 October 2018.
Key changes are as follows.
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Commissioner of Charities (COC) New Code of Conduct
The Commissioner of Charities (COC) released in April 2017 a new Code of Conduct which will take effect 1 January 2018 onwards. Here are some key pointers from a COC sharing session regarding the new Code.
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Teenage Apostles
Today, while I was at a gathering of Christian ministry people involved in young adults ministry, something struck me to wonder how old the apostles were when they first followed Jesus. A quick Google search gave me surprising results. Two sources suggest that the apostles were likely in their 20s or younger (https://www.jstor.org/stable/3136128?seq=1#page_scan_tab_contents; http://bibleq.net/answer/4801/).
The apostles were teenagers, while Jesus was about 30 years old.
Boy, that blew my mind. Not least because I have been so influenced by the mental pictures of the apostles as bearded old men. Also because I realised how the apostles were youths who were discipled by Jesus, and who then led the early Church in their early adulthood.
It also then struck me that as I was soon reaching the age that Jesus commenced His public ministry, I desired to follow Jesus’ footsteps in discipling young ones. I have been occasionally praying for disciples but have not presently so found 12. No I figure I can’t manage 12. So just a few would do.
Whatever it is, it struck me how we assume many things about age. Perhaps especially so in the cultural context of the world. But in God’s Kingdom, it is not age that matters but faith, which is tied to humility.
We need to disciple our young, like how Jesus discipled His young teenage apostles. It is they who will carry the message of the Kingdom of God in a spectacular way to a watching world.
Photos Bangkok 2017
Have We Disintegrated Mission and the Gospel?
(7-10 minute read)
A Singaporean Christian was on his way for a short-term mission trip to a village outside Phnom Penh. He saw an injured man lying along the road. He thought to himself, if I can preach the gospel to him after I help this man, then I will go help this man. As he approached the injured man, someone else came and tended to the man. So the Singaporean stopped in his track, and continued on his way to his short-term mission trip. Was this Christian a Good Samaritan?
No? But that’s what many Singapore Christians and churches do in missions–a false view of missions which we inherited unthinkingly.
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