Partner, Tay Yong Seng, Senior Associate, Ang Ann Liang and Associates, Alisa Toh and Alyssa P’ng took on a mitigation plea case (PP v Tay Ming Jie):

The Accused was initially charged with five charges:

a) One was a charge for criminal intimidation under section 506 PC for waving a knife at his neighbour, which carried an imprisonment term of up to two years, and a fine.

b) Two charges were for breaching a prior PPO his wife had against him, under section 65(8) of WC which carried an imprisonment term of up to six months or a fine of up to $2,000. In these charges, the Accused pushed his wife in the course of an argument, and threw a chair in front of her in the void deck.

c) Throwing the stool in front of his wife also attracted another charge under section 3 of POHA.

d) One was a charge under section 352 of the PC for pushing his wife, which carried an imprisonment term of three months or a fine up to $1,500.

Altogether, the Accused was likely facing imprisonment of up to eight months.

For the section 506 PC charge, the Accused had been unable to find his wife during circuit-breaker and was concerned about potential infection as well as a fine in a time where he had been rendered unemployed due to the COVID-19 pandemic. He was convinced that his neighbour knew about his wife’s whereabouts but was deliberately concealing it from him, and hence waved the knife at the neighbour in a moment of panic and anxiety. For the section 65(8) WC charge, the Accused’s wife had left their young three-year old child alone in their flat in order to chat with her friends in the void deck. When the Accused realised this, he was concerned about their child and threw a chair in front of his wife in a fit of frustration at her cavalier attitude to their young child. There was no harm caused to anyone, including his wife.

We prepared representations to highlight the relevant circumstances, and the accused’s state of mind at the time to proffer an alternative, more appropriate charge. On receipt of these representations, the Prosecution reduced the charge under s 506 of the PC to one under section 4(2) of POHA.

At the PG mention, the PP argued that the Accused should pay up to $9,000 in fines due to the charges taken into consideration and the fact that he was violent. We highlighted the salient factors, namely that at the time of committing the offences, the Accused was under financial stress due to his unemployment, anxiety in the midst of the COVID-19 pandemic, and frustration at his wife’s cavalier attitude towards their young child. In recognition of the points raised in the oral and written mitigation, the Court sentenced the Accused to a total fine of $6,500, to be paid in instalments over six months to account for the Accused’s financial circumstances.

Our Firm has been assisting The Movement for the Intellectually Disabled of Singapore (“MINDS”) on an ongoing basis. Our Firm supported MINDS in the spirit of their collaboration with three parties - 1) MINDS, 2) Singapore Associations for the Deaf (“SADeaf”) and 3) Key Word Sign (Australia) (“KWS Australia”). As the extent and nature of each entity differs, MINDS entered into Memorandum of Understanding (“MOUs”) with SADeaf and with KWS Australia independently. Key Word Sign (“KWS”) is the use of manual signs and natural gestures to support communication. KWS is different from sign language as it is intended for people who are hearing, but have difficulty with speech and/or communication difficulties. SADeaf aims to assist the Deaf to achieve a better quality of life and to enable them to integrate and contribute to society while KWS Australia aims to promote and develop the use of key word signing in Australia through training, developing resources and products for the benefit of people with communication difficulties. MINDS’ mission is to be the ‘driver’ for the project that would link both SADeaf and KWS Australia in order to develop KWS Singapore. These three organisations will each contribute in the development in the following areas: KWS Australia is the authority in the KWS methodology approach/knowledge-theory and research (methodology, curriculum/presenter training package), SADeaf is the domain experts in teaching of Singapore Sign Language (SgSL) signs for the development of KWS Singapore whereas MINDS would be its practice leadership in the use of KWS (albeit currently using Auslan, i.e. Australian Sign Language) and driving KWS-related initiatives within MINDS. Our Partner, Chan Hian Young has been advising MINDS and reviewing the MOUs between MINDS and SADeaf and between MINDs and KWS Australia.

Our Firm previously assisted The Movement for the Intellectually Disabled of Singapore (“MINDS”) with the set-up of their Entrepreneurship Incubation Programme (the “Programme”) which aims to facilitate learning and bolster the confidence of MINDS’ clients to secure employment independently. Systematic Laundry & Healthcare Services Pte Ltd (“SLHS”) has completed its train-and-trial and MINDS is ready to onboard SLHS full-time into the employment programme. As part of the programme, MINDS and SLHS entered into a Memorandum of Understanding (“MOU”) with the intention to collaborate in providing employment opportunities to MINDS’s clients. MINDS’ clients have been offered to be employed under SLHS’s employment within SLHS’s premises. SLHS has expressed a preference to use its template employment agreement for the employment of MINDS’ clients in lieu of MINDS’ template. Our Partner, Chan Hian Young has been advising MINDS on the provisions of the MOU and reviewing SLHS’s terms of employment, particularly on the issue of termination.

1. Our client, Stroke Support Stations (“S3”) planned to work on a project with National NeuroScience Institute of Singapore (“NNI”) by entering into a Service Agreement with NNI. NNI has developed Stroke Memory Rehabilitation programme (“SMaRT Programme”) for the cognitive rehabilitation of its stroke patients to prevent vascular dementia. NNI wishes to pilot the SMaRT Programme and engage a Service Provider to run the SMaRT Programme for certain patients where NNI determines at its sole discretion that any of its patients would benefit from the SMaRT Programme, it will refer such patients (the “Patients”) to attend the SMaRT Programme run by the Service Provider. NNI’s draft agreement suggested that all documents, equipment, information and data which is created or produced by S3 (now existing or created in future) as a result of S3’s use of SMaRT Programme shall be immediately assigned and vested in NNI. In addition to reviewing and amending the agreement, Our Partner, Chan Hian Young and Senior Associate, Sheryl Koh, have been advising S3 such that all intellectual property owned by NNI and S3 remains property of NNI and S3.
2. Our Firm supported S3 in their spirit of entering into a Memorandum of Understanding (“MOU”) with Core Mobility Solutions, Inc. (“CMS”). CMS is the manufacturer of a new and more enabling mobility device called the LifeGlider. The LifeGlider is currently marketed directly to consumers primarily in the USA. The LifeGlider can empower an independent, active lifestyle by getting people back on their feet with confidence. LifeGlider promotes standing and walking, leading to improved health, happiness and well-being. S3 is a registered charity and a member of the National Council of Social Service, and is a dedicated wellness centre catered for stroke survivors and their caregivers. It offers a unique platform for consistent stroke support while paying special attention to caregivers’ and volunteers’ needs, and fosters a 360 degree holistic growth environment for all persons involved in the stroke recovery journey for maximum patient progress. The MOU sets out the understanding of the Parties intention to collaborate through a variety of collaboration activities. Our Partner, Chan Hian Young and Associate, Sheryl Koh, have been advising S3 with the drafting and reviewing the Memorandum of Understanding between S3 and CMS.
3. Our Firm supported S3 in their spirit of entering into a WALK-ON for Stroke Solution Agreement (“WALK-ON”) with BodyEngineering Pte Ltd (“BE”) in which BE is the developer and owner of the WALK-ON, providing S3 with an exclusive license to use the WALK-ON for a period of 10 years in Singapore. The agreement includes to the supply of the training equipment, licensing the operating software, associated staff education, training services and professional services to S3. Our client has agreed to a contract price for the use of the two premises and to follow BE’s standards for the WALK-ON operating procedures. In addition to drafting and reviewing the agreement, our Partner, Chan Hian Young and Associate, Sheryl Koh, have been advising S3 on data protection and IP issues.
4. Our Firm supported S3 in their spirit of collaboration with Singapore Institute of Technology (“SIT”) for two projects in 2018. The collaboration requires S3 to accept an agreed number of SIT’s students in the disciplines of physiotherapy, occupational therapy and/or nursing with relevant applied learning opportunities at S3’s wellness centre via SIT’s Integrated Work Study Programme, Clinical Practice Education, Industry Induction and Collaborative Projects (including Capstone/Honours Thesis Projects), as well as other relevant training for applied learning. We assisted S3 with the drafting and reviewing the Memorandum of Understanding between S3 and SIT.

Our client, Asian Philanthropy Circle Ltd, (“APC”) is a membership platform for Asian philanthropists to jointly grow the impact of their philanthropy and to catalyse an Asian philanthropy.

APC entered into a Letter of Commitment (“LOC”) with Julius Baer Cares (“JBCares”), a participating donor, to forge a partnership that will transform the lives of the underprivileged in the ASEAN region. JBCares is a corporate responsibility initiative of Bank Julius Baer & Co. Ltd. JBCares pledged to APC (the “Funder”) a sum of $250,000 (the “Grant”) to be paid in parts in accordance with the disbursements schedule set out in the agreement within five years. The Grant will go towards APC 1000 Days Fund Indonesia (the “Fund”), a portfolio of philanthropic funds that will develop and support programmes that will accelerate social progress in ASEAN.

Through the fund, APC will develop and implement a programme that will reduce the incidence of stunting in chosen communities in Indonesia and to provide appropriate donor engagement and learning opportunities for Fund Donors. APC made an offer to The Power of Nutrition (“PON”), a charitable company limited by England and Wales, a grant to fund and support their Programme Better Investment for Stunting Alleviation in Indonesia to be undertaken by Save the Children and Nutrition International. Our Partner, Chan Hian Young has been advising APC on an ongoing basis for various matters and the reviewing of the JBCares Agreement and the PON Grant Offer.

APC encountered one of their interns downloaded and copied onto her computer of more than 5,382 of APC’s confidential files from their NAS server (“NAS”) on the last day of her internship. While APC has given access to the “confidential” folders in the NAS, the consent was only given in the context for her to perform her duties during her internship and downloading of so many documents in the last few hours of her internship clearly showed that the intent was not for the purpose of performing her duties. In addition, the documents that were copied were not relevant to any of the work she was assigned during the course of her three (3) months stint with APC and certainly it was not an implied consent for her to the extent of bulk copying of the data in the NAS. The intern was a very good member of APC team apart from this unfortunate incident. Our Partner, Chan Hian Young has been advising APC and assisted them with the reviewing of the Statutory Declaration.

APC are setting up APC Myanmar to facilitate work to be done in Myanmar. APC entered into a Licensing Agreement with Mainly I Love Kids (Myanmar) Ltd. Gty (“MILK”), a private company limited by guarantee incorporated and registered in Myanmar. APC, the Licensor (the “Licensor”) is the owner of the Mark (“Mark” refers to trade marks) set out in Schedule 1 including the listed registrations and applications and any registrations which may be granted pursuant to those applications. MILK, the Licensee (the “Licensee”) wishes to use Mark in the Territory (“Territory” refers to Myanmar), in relation to the charitable activities for the benefit of Myanmar and its people. The Licensor is willing to grant to the Licensee a license to use the Mark on the terms and conditions set out in the agreement. Our Partner, Minn Naing Oo has been advising APC relating to their queries on enforcement provisions and registering the trademarks in Myanmar.

Our Firm has been assisting Association for Special Needs (“APSN”) with its internal restructuring and the Board Members of APSN had approved the proposed Restructuring of APSN. APSN held two (2) investment properties which are held in the names of the four (4) trustees who have been appointed in accordance with Article XII of APSN’s constitution. Pursuant to the Restructuring, APSN will transfer all of its charitable programmes to the two (2) companies limited by guarantee to be incorporated (the “new CLGs”) and thereafter cease to conduct activities to further its charitable objects (the “Transfer”). Following the completion of the Transfer, APSN will be required to deregister as a charity and as an institution of public character. ASPN will then have to effect the transfer of the properties to one of the new CLGs. ASPN has proposed amendments to the Constitutions for the new CLGs and the firm have been amending and preparing the template constitutions for each of APSN Education Services Ltd and APSN Ltd. Our Partners, Chan Hian Young, Michele Foo, Choo Yi Ming and Associate, Kenneth Lim have been advising APSN on an ongoing basis including reviewing the proposed resolutions to be tabled for Members voting at the AGM, the constitutions for each CLG and the agreements relating to the transfer.

In Kind Direct (Singapore) Limited (“IKDS”) is a non-profit organisation in Singapore. It is part of the In Kind Direct International (“IKDI”) network which is founded by HRH The Prince of Wales. IKDI manages a network of charities in several countries, each of which co-ordinates the redistribution of surplus new goods to other not for profit organisations and their beneficiaries. Charities are able to save money as a result of receiving donated goods distributed by each network member. With these savings, charities are able to improve and extend their services. IKDS entered into a membership and licensing agreement with IKDI to access its network of partners. Its network includes companies like P&G, Unilever, Amazon etc. (“Donors”). The Donors have unsold consumer goods which they will have to dispose of approximately six months of expiry, but instead of disposing, they will donate them to members of the IKDI network. IKDS receives a substantial amount worth of products from P&G every month and they are in talks with other Donors to get more donations. IKDS links up with charities in Singapore and charges the charities an administration fee to distribute the goods received from the Donors to the charities. IKDS intends to register as a charity in Singapore. Our Partner, Chan Hian Young has been advising IKDS to facilitate IKDS’ application for Charity status.

Project Chulia Street ("PCS") was formed in 2016. It is a privately funded initiative that serves as a platform to bring together entities and individuals for specific projects that enhance health and happiness for migrant workers in Singapore and increasing their social/economic mobility at partnering Workers Accommodations through means of providing better quality healthcare, nutritious and healthier food and education with skills training for the Migrant Workers. Our Partner, Chan Hian Young has been advising PCS to facilitate PCS’s application for Institution of Public Character and made appropriate revision to the constitution.

Our Firm has been assisting The Schwarzman A. Scholars Trust Singapore (“SASS Trust”) annually with the renewal of SASS Trust filing of their IPC, drafting of the Trust Deeds and Trustee Resolutions. Apart from the annual filing, we also assisted SASS Trust with the reviewing of the engagement letter with Deloitte & Touche in respect of their annual report of the Trust for the financial year-ended 31 December 2018. Our Partner, Chan Hian Young and Senior Associate, Sheryl Koh, have also been approached to advise SASS Trust on their proposed investment of SASS Trust assets through a separate vehicle and queries on the expense reimbursements by SASS Trust to The Stephen A. Schwarzman Educational Foundation which is based in New York.

Our office in Myanmar worked with the Impulse NGO Network, a non-profit that works with a range of country partners to tackle human trafficking in North East India, North Bengal and along India’s borders with Nepal, Bangladesh and Myanmar. This project involved legal research relating to Myanmar, and we were assisting on the Myanmar laws aspects of this project.

The project involves a review of the standard operating procedure and working rules for the repatriation, rehabilitation and care and protection of victims of human trafficking for India, Nepal, Bangladesh and Myanmar from a Myanmar law perspective.

Our office in Myanmar worked with Freshfields Bruckhaus Deringer and the International Centre for Missing & Exploited Children (ICMEC), an international non-profit organisation working to protect children from sexual abuse, exploitation and abduction which was founded as an offshoot of the National Centre for Missing and Exploited Children (NCMEC) in the United States, on a pro bono research project in ASEAN. This project involved legal research relating to Laos and Myanmar, and we were assisting on the Myanmar laws aspects of this project.

The research project involved the preparation of a research report on how sexual offences against children are covered in domestic legislation across ASEAN countries. It covered the scope and application of the laws in each jurisdiction and a short gaps analysis to identify legal concepts, offences or penalties that are not currently addressed under local laws. The report will be published on ICMEC’s website and has been provided to government officials, policymakers, members of law enforcement and social workers to raise awareness about child exploitation and educate them about applicable legal frameworks.

The firm assisted The Conversation Indonesia on pro bono work in relation to the establishment of an Indonesian foundation (yayasan). In October 2018, they provided pro bono services to review agreements between The Conversation Indonesia and other organisations.

The firm assisted the Asia Securities Industry & Financial Markets Associations (ASIFMA) on a pro bono basis to update the Indonesian section of ASIFMA’s global information grid in respect of recovery and resolution issues.

1. The firm provided advice to several organisations including the Indonesian representative office of Rare Inc. and the International Rhino Foundation in relation to certain employment issues.
2. The firm provided advice to an Australia-based media company in relation to termination of employment and applicable penalties in respect of such termination under Indonesian labor laws.
3. The firm provided advice to an Indonesian hospital in relation to their Articles of Association and the replacement of the members of such hospital’s Board of Directors and Board of Commissioners.

The firm accompanied members of Nuklindo Koperasi JKRL, the employee-run cooperative of a state agency engaged in nuclear research, during the course of a police investigation.