Court Of Appeal’s Judgment On Pofma

Press Statement on Court of Appeal’s Judgment on POFMA CA 47/2021 – The Online Citizen Pte Ltd v AGCA 52/2021 – Singapore Democratic Party v AG We are pleased to announce that the Honourable Court of Appeal has allowed the Singapore Democratic Party’s (the “SDP”) appeal in CA 52/2020 in part. The SDP was represented by Mr […]

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Examining the exceptions to the Access Obligation under the Personal Data Protection Act 2012: A case update on [redacted] v HSBC Bank (Singapore) Limited [2021] SGPDPC 3

The Access Obligation Under section 21(1) of the Personal Data Protection Act 2012 (“PDPA”), an individual has the right to access personal data about him that is in an organisation’s possession or under its control, and information on how such personal data has been collected, used or disclosed. This is termed as the Access Obligation […]

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The Law Reform Committee’s Report on the Enactment of Non-Charitable Purpose Trusts

Introduction On 31 May 2021, the Singapore Academy of Law’s Law Reform Committee (“LRC”) released a report recommending the creation of statutory Non-Charitable Purpose Trusts (“NCPTs”) for certain purposes in Singapore.  As Singapore currently follows the common law position, NCPTs are generally regarded as invalid for offending the beneficiary principle and the rule against perpetuities, […]

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SGX RegCo: Expectations of the Board and Nomination Committees in the appointment and resignation of directors

On 1 July 2021, the Singapore Exchange Regulation (“SGX RegCo”) released a new Regulator’s Column regarding its expectations of the Board and Nomination Committees (“NCs”) of SGX-listed companies when directors join or resign. 1. Directors are fiduciaries of the company The SGX RegCo noted that directors are fiduciaries of the company, who have undertaken to […]

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Legal implications arising from cross-border remote work

In early June 2021, Facebook announced that employees whose jobs could be done remotely may request to work remotely from wherever they may be, and that it would support remote work opportunities inter alia, in the Europe, Middle East, and Africa regions, allowing employees to move from anywhere to the UK[1]. This is but one of the many […]

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What can contractual parties do when unforeseen events prevent performance of contractual obligations?

Force Majeure clause in the contract Force majeure is commonly understood as a specific kind of contractual clause which excuses the parties from their contractual obligations when an unexpected, external event has occurred that prevents or inhibits performance. There is no general rule as to what amounts to a force majeure event; whether a force […]

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Covid-19 pandemic: Non-competition and confidentiality obligations in employment agreements

The Covid-19 pandemic has affected the businesses of many companies in unprecedented ways and will forever change the way businesses operate. Employers looking to hire may wish to change the terms in their employment contracts to suit the work transformations that have taken place as a result of the pandemic. In particular, the effectiveness of […]

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EX-NATIONAL FOOTBALLER K KANNAN APPEALS AGAINST LIFETIME BAN

Fifth attempt for the life ban to be lifted 1. Background On 13 August 2021, Eugene Thuraisingam LLP representing former national footballer, K Kannan (“Kannan”), submitted an appeal to the Football Association of Singapore (“FAS”) to have his lifetime ban from football activities lifted. His previous appeals, dated back to 1995 and the most recently in 2002, […]

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Indonesian investment updates – Increase in paid-up capital requirements for PT PMA

Background Indonesia’s Ministry of Investment, otherwise referred to as the Investment Coordinating Board, (Badan Koordinasi Penanaman Modal or “BKPM”) has issued the BKPM Regulation 4 of 2021 (“Reg 4/2021”), which came into effect on 2 June 2021. This article provides a quick update on the changes brought forth by Reg 4/2021 on the paid-up capital […]

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ACQUITTAL OF OUTRAGE OF MODESTY/ MOLEST OFFENCES

Public shaming of an accused person of sex crimes that was not committed 1. Background Dr Yeo Sow Nam is an anaesthetist and director of The Pain Specialist at Mount Elizabeth Hospital. Earlier this year, Dr Yeo was charged with four counts of allegedly molesting a woman whom he had interacted with in the course […]

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Financial Action Task Force (“FATF”) Travel Rule as implemented in Singapore

Purpose of the FATF Travel Rule It is common for virtual assets such as cryptocurrencies to be used as a means to layer illicit transactions, in which Virtual Asset Service Providers (“VASPs”) operating in jurisdictions that do not have effective anti-money laundering (“AML”) and counter terrorist financing (“CTF”) regulation in place are commonly exploited by […]

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