Latest News from Singapore Law Watch
Singapore Law Watch
4 hours ago
- Singapore Law Watch
Jail for ex-lawyer who provided legal services while barred from practice due to bankruptcy
Jail for ex-lawyer who provided legal services while barred from practice due to bankruptcy Source: Straits Times Article Date: 31 May 2025 Author: Shaffiq Alkhatib Helen Chia Chwee Imm pleaded guilty to two charges – one count each of cheating and pretending to be authorised to act as an advocate and solicitor. A former lawyer was sentenced to six months' jail on May 30 after she charged two victims for legal services, even though she had been barred from practising law due to bankruptcy. On May 26, Helen Chia Chwee Imm, 55, who has since been struck off the roll, pleaded guilty to two charges – one count each of cheating and pretending to be authorised to act as an advocate and solicitor. Two other charges were considered during her sentencing. Before handing down the sentence, District Judge James Elisha Lee said the overriding sentencing consideration for offences under the Legal Profession Act is the need to protect the public. He added that stiff sentences are warranted for such offences. Judge Lee also noted that defence lawyer Nicholas Narayanan earlier told the court that Chia had depression due to incidents involving two other clients. One of them was a woman she represented in 2015, whose child was killed by the father. The judge said that while he empathised with Chia, there was a 'lack of clarity' on whether there was a contributory link between her mental state and her current offences. In earlier proceedings, Deputy Public Prosecutor Michelle Tay said that Chia was admitted to the roll of advocates and solicitors of the Supreme Court in 1999. However, she did not have a valid certificate to practise law from Dec 17, 2016, after a bankruptcy order made against her earlier that month. Despite this, Chia met her first victim on Dec 19, 2016, for a consultation after the woman e-mailed her. They then discussed legal issues concerning the woman's care and custody of her son. Subsequently, and without Chia's involvement, the woman and her son's father signed an agreement to manage aspects of their child's life amicably. But on Aug 24, 2017, the woman contacted Chia again after disputes with the man resurfaced. She told Chia that she wanted to formally engage her as the lawyer. Chia agreed, concealing the fact that she did not have a practising certificate. After collecting $2,000 in legal fees, Chia gave her client legal advice. In a court application filed on Nov 9, 2017, Chia indicated that another lawyer was the solicitor in charge of the case, deliberately excluding her own name. It was only on Dec 18, 2017, after the woman asked Chia to attend a mediation session with her, that Chia revealed she was an undischarged bankrupt. In total, Chia collected nearly $13,700 from the woman. Separately, some time around Feb 12, 2018, Chia's friend – the second victim – asked her to act as the lawyer in her divorce proceedings and her plan to apply for a personal protection order. They met on Feb 13, 2018, and Chia reviewed her friend's divorce papers and personal protection order case file. The friend then formally engaged Chia to represent her in the divorce proceedings, and the latter did not say that she could not practise. Instead, Chia told the friend about the follow-up steps and quoted her legal fees of $20,000, saying it was a 'friend' rate – a third of what she would usually charge. After receiving a $3,000 deposit from her friend, Chia gave her legal advice and did a host of legal work for her. Chia also enlisted another lawyer to attend the court mentions for this expedited order matter. On May 2, 2018, the friend was dishonestly induced into paying her $23,000 as legal fees. Chia's bankruptcy order was annulled on May 22, 2018, and she was allowed to practise law again. But a disciplinary tribunal was appointed after a complaint of misconduct was made against her. In June 2021, Chia's friend found out from an article in The Straits Times about the tribunal that Chia had been a bankrupt and did not have a practising certificate when she was representing her. On Oct 26 that year, the tribunal found that there was cause for disciplinary action against Chia. She was struck off the roll of advocates and solicitors in August 2022. In January 2025, Chia made full restitution to the two victims of the legal fees paid to her. She is now out on bail of $80,000 and is expected to begin serving her sentence on July 21. Shaffiq Alkhatib is The Straits Times' court correspondent, covering mainly criminal cases heard at the State Courts. Source: The Straits Times © SPH Media Limited. Permission required for reproduction. Print 150
Singapore Law Watch
4 hours ago
- Politics
- Singapore Law Watch
Anonymous perpetrators a major roadblock for victims of online harm seeking justice: Study
Anonymous perpetrators a major roadblock for victims of online harm seeking justice: Study Source: Straits Times Article Date: 31 May 2025 Author: Syarafana Shafeeq It often leaves the survivors without a clear way to seek resolution, says non-profit group. Anonymity remains a major roadblock for those seeking justice after facing online harms or harassment, according to a new study released on May 29. This is one of four main issues that survivors face, said the study by SG Her Empowerment (SHE), a non-profit organisation that advocates for women, including helping victims of online harms. The others are the long-term effects of such harms, a lack of clarity in seeking recourse, and the normalisation of online harms. Speaking at a press conference held at the National Design Centre in Middle Road on May 29, SHE chairwoman Stefanie Yuen-Thio said she hopes the study findings will be able to inform some of the decisions made by the Government when it sets up a new agency to help victims of online harms. Prime Minister Lawrence Wong announced in October 2024 that a new government agency will be set up to help victims of online harms. It will act on victims' behalf to deal with perpetrators and online service providers like social media platforms to enforce the swift removal of content. SHE has tracked and studied online harms yearly since 2023, with a different focus each year. The 2025 study focuses on the impact on victims and their experiences. It conducted in-depth interviews with 25 individuals aged between 18 and 45 who experienced harms like online sexual harassment, image-based sexual assault like revenge porn, and cyber bullying. The 2023 study found that eight in 10 respondents felt that such harms would decrease if victims were able to identify the perpetrators and hold them accountable. The survivors wanted consequences for the perpetrators but found that anonymity blocked their path to justice. 'When perpetrators hid behind anonymous accounts, survivors were often unable to confirm who was responsible – and left without a clear way to seek resolution,' said SHE in a statement on May 29. SHE also found that only one in four survivors of online harms who reported their cases to platforms was satisfied with the process or outcomes. Some said they faced difficulties in reporting to platforms, and were often ghosted or did not get a response. One in three who pursued legal recourse was satisfied with the outcome. Survivors said they were worried their experiences were not significant enough for legal action, while others felt the process would take too long. A survivor who wanted to be known only as Nisha faced online harassment in the form of anonymous phone calls and fake accounts set up to stalk and harass her between 2022 and 2024. She told The Straits Times the situation made her feel disturbed, unsafe and mentally exhausted. The stress affected her ability to focus on her studies and work and often set her back by weeks. As the social media accounts were anonymous, seeking justice was arduous. Nisha, 41, had to compile evidence of all the posts and calls on her own and identify consistent behaviour across the anonymous accounts to try to figure out the perpetrator's identity. 'I could tell it was the same person because of the way she wrote. But it was all anonymous, all through different accounts. There was no way to prove it,' she said. She sought advice from pro bono lawyers and learnt that requesting metadata from the social media platform would not be easy as she would need the use of legal documents. 'The process needs to be easier,' she said. Nisha eventually obtained a Protection from Harassment Act order against the person. To tackle the issue of online anonymity, SHE has called for policy changes to enable perpetrators to be identified by platforms when a report of harassment is made. Accounts that have a history of harmful content should be detected even if the user switches to or creates a new account, SHE said. Users who have been flagged repeatedly for harmful actions should also be verified by the platform. SHE also called for online platforms to be held accountable if they fail to act quickly in removing harmful posts, and for them to be flagged if they continuously fail to act. SheCares@SCWO, which was launched by SHE in collaboration with the Singapore Council of Women's Organisations in 2023, has helped more than 250 people since. The centre has made more than 175 reports to online platforms. Ms Yuen-Thio said: 'When we are assaulted in the physical world, we feel safe when we are back home, we can lock the doors. Our family is around us and we are now safe. With the online world, you are never safe because you're never away from your devices, and you are under threat 24/7. 'Even if you don't look at your phone, every time it pings, your heart jumps. And if you turn it to silent mode, you wonder how many messages are going to come through when you turn it on again.' Ms Yuen-Thio said the current situation is quite fragmented as online harms is a new issue, and many victims do not know where to go when something happens online. There is limited recourse and no comprehensive solution, she added. SheCares@SCWO provides free counselling and pro bono legal clinics. Those who need help can call its helpline on 8001-01-4616 and/or send a message via WhatsApp to 6571-4400. Source: The Straits Times © SPH Media Limited. Permission required for reproduction. Print 87
Singapore Law Watch
4 hours ago
- Business
- Singapore Law Watch
High Court upholds acquittal of Chinese company accused of bribing ex-LTA deputy group director
High Court upholds acquittal of Chinese company accused of bribing ex-LTA deputy group director Source: Straits Times Article Date: 31 May 2025 Author: Selina Lum Henry Foo Yung Thye, who was in financial difficulties from gambling, had reached out to two senior employees from China Railway Tunnel Group's Singapore branch and asked for loans. The High Court has upheld the acquittal of a Chinese company that was charged with bribery after two of its employees gave loans totalling $220,000 to a Land Transport Authority (LTA) deputy group director. In a written judgment on May 29, the court said there was insufficient evidence to show that the company's top management was aware of or somehow complicit in the illegal acts. The Singapore branch of China Railway Tunnel Group was first acquitted of three corruption charges by a district judge in March 2024 on grounds that the two employees' acts could not be attributed to the company. Xi Zhengbing, who was the general manager and head representative of the branch, and Zhou Zhenghe, who was a deputy general manager, gave the loans to Henry Foo Yung Thye between January 2018 and August 2019. The district judge said Xi did not have a sufficiently high level in the chain of command. The Singapore branch is only one of the sub-departments within the company's overseas department, which is in turn only one department in the company's corporate structure. The prosecution appealed to the High Court against the acquittal. On May 29, the appeal was dismissed by a panel comprising Chief Justice Sundaresh Menon, Justice Tay Yong Kwang and Justice Andrew Phang. The court also noted that Xi and Zhou had resorted to defrauding the company with false invoices to obtain the $200,000 that was given to Foo as loans in 2018. Zhou then had to borrow $20,000 to provide the subsequent loan. 'All these showed clearly that the respondent was never involved in its employees' illegal activities and neither did it give its tacit approval (nor) pretend to be ignorant of what the Singapore branch's employees were doing,' said the court. In September 2021, Foo, then 47, was sentenced to 5½ years' jail for taking about $1.24 million in bribes in the form of loans from contractors and sub-contractors. Foo, who resigned from LTA in September 2019, was also ordered to pay a penalty of about $1.16 million, equivalent to the amount he had not returned. Xi and Zhou were arrested in September 2019 by the Corrupt Practices Investigation Bureau. After being released on bail, they absconded to China, where they were arrested and subsequently convicted by a Guangzhou court. Xi was sentenced to a five-year jail term and a fine of 300,000 yuan (S$57,400). Zhou was sentenced to two years' jail and a fine of 100,000 yuan. China Railway Tunnel Group has 24 branches, eight of which are overseas. The Singapore branch was a sub-contractor for two different projects on the Thomson-East Coast Line (TEL), and was awarded the main contract for a project on the Circle Line. At the time of the offences, Foo was involved in the project management of the main contractors in respect of TEL projects. Between 2016 and 2019, he reached out to the company's employees, including Xi, to ask for loans. No loan was given as a result of Foo's first request. Subsequently, Xi agreed to give him a loan upon his second request in the hope that Foo would refer more job opportunities to the company. Zhou then arranged for false invoices to be issued to the company and prepared supporting documents with forged signatures. These documents were presented to the company's finance department, which disbursed the payment. After receiving the money, Xi and Zhou passed $200,000 to Foo. In 2019, Foo made a third request. Xi agreed to give him another loan, in the hope that Foo would expedite the company's payment claims and help the company to win the tender for another project. On Xi's instructions, Zhou borrowed $20,000 from a friend and passed the money to Foo. The prosecution alleged that in 2016, Mr Liu Chenyu, who was based in China, was told of the discussions to pay Foo a bribe and approved his request for a loan. Mr Liu was then the deputy general manager of the company's overseas department, which was in charge of all the overseas branches. The prosecution presented text messages, including one from another employee of the Singapore branch telling Foo that Mr Liu was grateful for his support. But the High Court panel said the prosecution had not presented the necessary evidence to prove that Mr Liu was involved. The messages did not prove that Foo's request for a loan was actually conveyed to Mr Liu, said the judges. Lawyer Paul Loy of WongPartnership, who acts for the company, said his client will continue to respect the laws of countries in which it operates. Source: The Straits Times © SPH Media Limited. Permission required for reproduction. Print
Singapore Law Watch
4 hours ago
- Business
- Singapore Law Watch
Woman gets $1 a month in maintenance, after judge dismisses her appeal for spousal support
Woman gets $1 a month in maintenance, after judge dismisses her appeal for spousal support Source: Straits Times Article Date: 02 Jun 2025 Author: Theresa Tan She will continue to get nominal sum; ex-spouse's share of marital assets cut by 10%. A High Court judge dismissed a woman's appeal for spousal maintenance of $2,500 a month, but also reduced her former husband's share of marital assets by 10 per cent, given his multiple attempts to undermine the marriage and the woman's welfare. The 39-year-old woman, an administrative assistant who takes home $2,340 a month, will continue to get a nominal maintenance of $1 a month, which was earlier awarded by a district judge. The $1 is a symbolic sum which preserves her right to apply for monetary support from her former husband in the future, lawyers told The Straits Times. The woman, who filed for divorce in 2023, was married to a 46-year-old regular serviceman in the Singapore Armed Forces whose net salary is $5,212 a month. The couple has joint custody of their 12-year-old daughter, but the girl lives with the father. In his judgment on May 7, Justice Choo Han Teck awarded the woman 25 per cent of the matrimonial flat, up from 20 per cent the district judge gave her earlier. She also gets over $52,000 as her share of the other assets. Justice Choo also agreed with the district judge's decision not to award the woman a larger sum of spousal maintenance. The district judge had said the woman is working and can support herself, and she received a fair share of the marital assets. Besides, the amount she has to contribute to their child's maintenance – $327 a month – is not high. But the district judge had also noted that the woman is a foreigner who moved to Singapore for marriage and lacked family support here, and hence chose to preserve her right to nominal maintenance of $1 a month for a transitional period of four years. The woman's lawyer, Mr Russell Thio of Emerald Law, had argued that the district judge did not adequately consider her need for accommodation in awarding her just $1 in maintenance a month. This is especially since the woman – a former Indian national and Singapore permanent resident – cannot buy an HDB flat on her own, among other factors. But Justice Choo said the wife had not shown that her pay was insufficient to meet her monthly expenses, including housing, or that she has exhausted all means to find accommodation. The man was represented by Mr Sarbrinder Singh Naranjan Singh and Mr Nicholas Say of Sanders Law. In his judgment, Justice Choo said he saw no 'practical distinction' between an order for no maintenance and an order for nominal maintenance of $1. He said: 'However, as the Court of Appeal has held otherwise, I will leave the $1 order intact. It is a sum as inconsequential in substance as it is in appearance.' He was referring to another case where the Court of Appeal, which is the apex court, ruled that unless there is a maintenance order made during the divorce – such as a nominal $1 order – the spouse cannot seek maintenance in the future. Ms Angelina Hing, managing director of Integro Law Chambers, said the $1 nominal maintenance thus preserves the former spouse's right to apply for a more significant sum of maintenance if there are material changes in her financial situation or needs. In his judgment, Justice Choo was of the view that an order for no maintenance is still a 'subsisting order for maintenance' under Section 118 of the Women's Charter, meaning the order is currently in effect. And this should not prevent a former spouse from applying for maintenance in the future. He also said that under Section 113 of the Women's Charter, the court can order a man to pay maintenance to his former wife even after the divorce judgment has been granted. Ms June Lim, managing director of Eden Law Corporation, said: 'His judgment signals that this area of law might benefit from further consideration, clarification from the higher courts or through legislative reform, but until that happens, the precedent remains binding.' Judge reduces man's share of marital assets to signal disapproval of conduct Lawyers interviewed noted that Justice Choo reduced the man's share of the marital assets by 10 per cent to signal the court's disapproval of his conduct. The man received 75 per cent of the flat and 59 per cent of the other assets, with the rest going to the woman. Among other things he did, the man repeatedly denied the wife access to their daughter and he was penalised for contempt of court for having breached court orders. Such penalties involve a fine or a jail term, or both, though his penalty was not stated in the judgment. He also petitioned the HDB to acquire the flat because of his financial difficulties, and tried to send the woman back to India. He refused to let the woman add her name to the title deed of their matrimonial flat or let her repay the housing loan, which led to the forfeiture of the flat due to substantial arrears. At one point, she settled the outstanding arrears and maintained subsequent payments. Justice Choo said the HDB refunded all her payments, as she was not entitled to make such payments without her former husband's consent as the flat's sole owner. The woman was eventually evicted from the flat by the HDB and police officers. The man's actions deprived the woman of a larger sum that an open market sale of the flat would have yielded, Justice Choo said. Ms Edith Chen, a lecturer at the Singapore University of Social Sciences and a consultant with Tan Rajah and Cheah, said marriage should be an equal cooperative partnership of efforts for the mutual benefit of both spouses. She added: 'If one spouse's conduct does not contribute to the partnership, but instead has a negative impact on the partnership, the court may take such negative impact into consideration and may reduce that spouse's share of the assets.' Ms Chen said that if a flat is considered a matrimonial asset under the Women's Charter, it is liable to be divided between the couple. This is even if one spouse fully financed the property, or the flat is under one spouse's name only. Theresa Tan is senior social affairs correspondent at The Straits Times. She covers issues that affect families, youth and vulnerable groups. Source: The Straits Times © SPH Media Limited. Permission required for reproduction. Print
Singapore Law Watch
3 days ago
- Business
- Singapore Law Watch
MAS to review corporate governance code
MAS to review corporate governance code Source: Business Times Article Date: 30 May 2025 Author: Janice Lim Advisory committee will consult and engage with industry stakeholders. The Monetary Authority of Singapore (MAS) announced on Thursday (May 29) that it will be reviewing the corporate governance code. The review aims to build on established practices in corporate governance and disclosures among listed companies, and complement ongoing efforts in revamping its equities market. The advisory committee on corporate governance will consult and engage with industry stakeholders for this review. The first sub-committee will consider measures to facilitate more meaningful implementation of the code. This includes providing additional guidance and practical examples on implementing provisions of the code in a manner that is suited to companies' operating contexts, such as their size and industry. The other sub-committee will consider new provisions or guidance on corporate culture, board effectiveness, and risk management in emerging areas, such as artificial intelligence. These enhancements aim to strengthen boards' capacities to steer companies through the current rapidly evolving landscape while continuing to uphold long-term shareholder value. The current advisory committee, which has recently started its third term of three years, is chaired by Bob Tan, chairman of Jurong Engineering. Robert Yap, executive chairman of Swan & Maclaren Group, will lead the first sub-committee, while Stefanie Yuen-Thio, joint managing partner of TSMP Law, will lead the second sub-committee. Source: The Business Times © SPH Media Limited. Permission required for reproduction. Print
