Letters of the Law: a letter to my 19-year-old self

Had the privilege to participate in this meaningful initiative by some law students. I hope my juniors at their crossroads will be at least a little aided by this reflection, a letter addressed to my 19-year-old self who just resigned himself to accepting NUS Law.

http://www.lettersofthelaw.org/read-a…/ronald-jj-wong-lawyer

“Dear Ronald,

It may be rough for you right now, I know. You are struggling with intellectual skepticism of just about everything. There’s a gnawing void in your heart and soul. You messed up your application to Oxford. You have neither the funds nor a scholarship to go to any of the U.S. colleges offered to you. Your fanciful idea of becoming an investment banker and earning heaps of money so you can retire early seems out of reach. And you might feel disappointed about having to take up the offer from NUS Law. Everything doesn’t make sense to you now.

Believe me. Those things are some of the best things that will happen to you. Because it is in the ashes of those broken ambitions and the intellectual and emotional vacuum of fallen mental frameworks and fractured relationships that you will soon find purpose, meaning and community.

You will finally encounter in a metaphysical way the one through whom everything will become clear. You will find enjoyment not just in studying the law but also in the justice that undergirds it. You will experience a holy dissatisfaction with the conception of justice, or injustice, you will witness. And you will dig in ancient places for the justice which satisfies. Through that, you will find purpose and significance in the one who out of justice and mercy redeems you from the injustice you are complicit in, who calls you to pursue justice and mercy among those who are often left at the margins. This will be better than money or status or whatever idea of the good life you think you could have with your silly fanciful ambitions.

Don’t fuss about grades. Instead, work hard to receive a proper education. Learn as much as you can to be a good lawyer. And when it is time, you will have to make a difficult decision, a leap of faith, as it were, to follow through with the convictions which will brew inside you after the restlessness you will experience from the dissonance between purpose and reality. Uncertainty is the best place in which faith will reap much harvest. So don’t fear the dark. Go with what has been revealed in the light.

Pursuing the things which are good and right is tiring and difficult. Friendships and community and being are more valuable than activism and fighting and working. That will help you to be faithful to whatever you are called to.

And you will have joy. It’s not the ecstatic kind of joy. It’s a quiet joy. It will co-exist with the sehnsucht which will always simmer in your heart. It is both the joy and the yearning which will sustain you to carry on.

Don’t fear. Have faith. It will all be alright at the end of all things.

Peace,

Ronald”

Explanation of Some Proposals to Changes in Singapore Copyright Law

A writer friend wanted some clarification on the proposed changes to Singapore’s Copyright Law. Yes, the Singapore Government is proposing changes and these have impact on many of us, whether professional or amateur creatives; whether a blogger, a novelist, a song writer, a performer, a film maker, a teacher, or a visual artist, etc.
 
 

Case Update: Success Elegant Trading Limited v La Dolce Vita Fine Dining Company – SGHC upholds pre-action discovery order in aid of foreign arbitration under O 24 r 6

Singapore Law; Legal; Lawyer

Success Elegant Trading Limited v La Dolce Vita Fine Dining Company [2016] SGHC 159

The Singapore High Court, per Andrew Ang SJ, upheld the Assistant Registrar’s decision in La Dolce Vita Fine Dining Co Ltd v Deutsche Bank AG [2016] SGHC 3 in ordering pre-action discovery of customer bank account information against two banks in respect of their customer’s alleged fraudulent misrepresentations.

Continue reading “Case Update: Success Elegant Trading Limited v La Dolce Vita Fine Dining Company – SGHC upholds pre-action discovery order in aid of foreign arbitration under O 24 r 6”

Case Update: ACTAtek, Inc v Tembusu Growth Fund Ltd: SGCA holds wrongful call of event of default as anticipatory repudiatory breach of contract

Singapore Law; Legal; Lawyer

ACTAtek, Inc and another v Tembusu Growth Fund Ltd [2016] SGCA 50 PDF

This case concerned a venture capital fund, Tembusu Growth Fund Ltd (“Tembusu“), suing an investee company ACTAtek Inc., which is part of a group of companies providing identification management solution, under the tort of misrepresentation in relation to two convertible loan agreements and its plan to list on the New Zealand stock exchange. The Singapore Court of Appeal reversed the High Court’s decision below, holding that the venture capital fund was in anticipatory repudiatory breach of the contract by wrongly calling events of default such that the investee company’s plan to list on the NZ stock exchange was derailed. The Court considered the interesting point of law being “what are the legal consequences that flow if an event of default is found to have been wrongly declared and damages are suffered as a result?” ([at [2]). The decision also traversed other issues of law including misrepresentation and the application of Sembcorp Marine Ltd v PPL Holdings Pte Ltd [2013] 4 SLR 193 principles regarding implied terms in contract.

Continue reading “Case Update: ACTAtek, Inc v Tembusu Growth Fund Ltd: SGCA holds wrongful call of event of default as anticipatory repudiatory breach of contract”

Case Update: Singapore Medical Council v Wong Him Choon [2016] SGHC 145 – Court of Three Judges reprimands and disciplines doctor for disregarding migrant worker’s medical interests

Singapore Law; Legal; Lawyer

Singapore Medical Council v Wong Him Choon [2016] SGHC 145

Significance: The Court of Three Judges reversed the decision of the Disciplinary Tribunal (DT) on appeal by the Singapore Medical Council (SMC) and held that the medical doctor, a consultant orthopaedic surgeon from Raffles Hospital, had breached his ethical duties to the patient, a migrant construction worker, by issuing inadequate medical leave (MCs) in disregard of the patient’s interests and having regard instead for extraneous interests such as those of the worker’s employer.
Continue reading “Case Update: Singapore Medical Council v Wong Him Choon [2016] SGHC 145 – Court of Three Judges reprimands and disciplines doctor for disregarding migrant worker’s medical interests”

Legislative Update: Bill to legislate law on contempt of court

Singapore Law; Legal; Lawyer

The Administration of Justice (Protection) Bill was introduced in Parliament today (11 July 2016). It seeks to legislate the law on contempt of court, which includes the sub judice and scandalising the court rules, and the rules on non-compliance with court orders. Some significant points to note about the Bill are as follows.

Continue reading “Legislative Update: Bill to legislate law on contempt of court”

MCST Plan No 3322 v Tiong Aik Construction Pte Ltd – SGCA holds no non-delegable duties on construction professionals

Singapore Law; Legal; Lawyer

MCST Plan No 3322 v Tiong Aik Construction Pte Ltd [2016] SGCA 40

Significance: Singapore Court of Appeal held that the architect and builder / main contractor is not subject to a non-delegable duty in tort to ensure that the building and design of a building was carried out without negligence on the part of any of their sub-contractors: MCST Plan No 3322 v Tiong Aik Construction Pte Ltd [2016] SGCA 40. The Court also held that moving forward, to demonstrate that a non-delegable duty arises on a particular set of facts, a claimant must minimally be able to satisfy the court either that: (a) the facts fall within one of the established categories of non-delegable duties; or (b) the facts possess all the features described at [58] above.

In this case, RSP Architects and Tiong Aik Construction were sued by The Seaview’s MCST.
Continue reading “MCST Plan No 3322 v Tiong Aik Construction Pte Ltd – SGCA holds no non-delegable duties on construction professionals”

Shi Wen Yue v Shi Minjiu and another [2016] SGHCR 8 – HC AR holds Chinese judicial settlement enforceable

Singapore Law; Legal; Lawyer

Shi Wen Yue v Shi Minjiu and another [2016] SGHCR 8 – AR holds that PRC judicial settlement enforceable not as a foreign judgment but an agreement

Significance: An AR exercising powers as a High Court judge held that a mediation paper / judicial settlement made in Chinese proceedings pursuant to a settlement could be enforced in the Singapore court not as a foreign judgment based on the application of the laws of China, but an agreement under the common law.

Beyonics Technology Ltd v Goh Chan Peng [2016] – HC rules on causation for equitable compensation

Singapore Law; Legal; Lawyer

Beyonics Technology Ltd v Goh Chan Peng [2016] SGHC 120 – HC rules on causation for equitable compensation

Significance: in this murky area of the law of equity and trusts, Hoo Sheau Peng JC decided that the causation rule for awarding equitable compensation for breach of fiduciary duties involving the core fiduciary obligations of acting in the best interests of the principal would be the less strict approach taken by the Privy Council in the Brickenden v London Loan & Savings Co of Canada [1934] 3 DLR 465 (“Brickenden”) decision and discussed in previous SGHC decisions of Quality Assurance Management Asia Pte Ltd v Zhang Qing [2013] 3 SLR 631 (HC) (“Quality Assurance”) and Then Khek Koon v Arjun Permanad Samtani [2014] 1 SLR 245 (HC) (“Then Khek Koon”).
Continue reading “Beyonics Technology Ltd v Goh Chan Peng [2016] – HC rules on causation for equitable compensation”

Private sector corruption: 9 months jail

http://www.straitstimes.com/singapore/director-jailed-for-9-months-for-graft
Director of a company convicted and jailed 9 months under the Prevention of Corruption Act for intending (although he never actually made the payment) to pay an employee of a company (LVMH) bribes to induce business opportunities for his company.