Abstract
Singapore’s economy is one of the most global and open in the world. The Singapore government has been pushing for a more international legal education for many years, and has opened up Singapore’s legal profession to foreign lawyers and foreign law firms. The goal is to make Singapore a legal hub for legal services in Asia, which explains the need for the law schools to train global lawyers ready to service the region and the world. Singapore is a common law jurisdiction, while most jurisdictions in Asia follow the civil law. The two law schools have indeed transformed the legal education and made it much more international – all students have to take a course on the legal systems of other Asian countries and there are many elective courses with a comparative or international focus. The core curriculum however remains almost entirely common law focused, and there is much to do before the civil law tradition is taught properly, as it should be if Singapore is to become a hub for legal services in Asia.
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Notes
- 1.
Until 2007, Singapore had only one law school. The oldest law school was founded in 1957 as part of the then University of Malaya in Singapore, which later became the National University of Singapore. The second law school was founded in 2007 at the Singapore Management University. In 2013, the government announced a plan to create a third law school.
- 2.
Although the resident population (Singapore citizens and permanent residents) was only 3,902,700 in 2015, and its citizen population, only 3,375,000, it is estimated that the total population is 5,535,000. See http://www.singstat.gov.sg/statistics/latest-data#14 last checked on 7 November 2015.
- 3.
The ethnicity of resident population (citizens and permanent residents) in 2010 was as follows: Chinese 74.1 %, Malay 13.9 %, Indian 9.2 %, other 3.3 %. See Singapore Department of Statistics, Census of Population 2010 Statistical Release 1 Demographic Characteristics, Education, Language and Religion, ISBN 978-981-08-7808-5 at http://www.singstat.gov.sg/docs/default-source/default-document-library/publications/publications_and_papers/cop2010/census_2010_release1/cop2010sr1.pdf
- 4.
The Chinese population includes many different ethnic, cultural and linguistic groups in addition to the Peranakan Chinese who have been in Southeast Asia for centuries and have used the Malay language. The Malays also include people from different ethnic groups from throughout the region and beyond (Arabs are often assimilated to Malays). Indians, though mainly Tamils, also come from all over India, most are Hindus but many are Muslims and some Christians.
- 5.
In 2012, the religions of the resident population were as follows: Buddhism/Taoism 44.2 % (Buddhism 33.3 % and Taoism 10.9 %), Christianity 18.3 %, Islam 14.7 %, Hinduism 5.1 %, other religions 0.7 %, no religion 17.0 %. See Singapore Department of Statistics, Census of Population 2010, Statistical Release 2: Households and Housing, ISBN 978-981-08-8009-5, at http://www.singstat.gov.sg/docs/default-source/default-document-library/publications/publications_and_papers/cop2010/census_2010_release2/cop2010sr2.pdf at p. 12.
- 6.
The 3,375,000 citizens of Singapore form only 60 % of the 5,535,000 total population. See Singapore Department of Statistics, Latest Data at http://www.singstat.gov.sg/statistics/latest-data#14 last checked on 7 November 2015.
- 7.
See the Administration of Muslim Law Act, Statutes of Singapore, cap. 3.
- 8.
S. 35 of the Legal Profession Act, c. 161, Rev. S. Sing.
- 9.
Allen & Overy LLP, Clifford Chance Pte Ltd, Gibson, Dunn & Crutcher LLP, Herbert Smith Freehills LLP, Jones Day, Latham & Watkins LLP, Linklaters Singapore Pte. Ltd., Norton Rose Fulbright (Asia) LLP, Sidley Austin LLP, White & Case Pte Ltd.
- 10.
As of 27 May 2014, Baker & Mckenzie, Wong & Leow, Clyde & Co Clasis Singapore Pte Ltd., Dacheng Wong Alliance LLP, Duane Morris & Selvam LLP, Hogan Lovells Lee & Lee, Pinsent Masons Mpillay LLP, Watson, Farley & Williams Asia Practice LLP.
- 11.
As of 27 May 2014, Clifford Chance Asia, Cotty Vivant Marchisio & Lauzeral Asia Alliance, Ince Law Alliance, Stephenson Harwood (Singapore) Alliance.
- 12.
This and preceding statistics were found at the website of the Singapore Law Society visited on 30 April 2015: http://www.lawsociety.org.sg/
- 13.
See s 35 of the Application of Muslim Law Act, Statutes of Singapore, Cap. 3, for a definition of the jurisdiction of the Syariah Court and the application of Islamic law in Singapore.
- 14.
S. 2(2) and (3) of the Act provide:
“(2) For the purposes of the definition of “qualified person” in subsection (1), the Minister may, after consulting the Board of Directors of the Institute, make rules to prescribe the qualifications, education and training for, and any other requirements that must be satisfied by, persons seeking to be qualified persons under this Act.
(3) Without prejudice to the generality of subsection (2), rules made thereunder may —
(a) prescribe the institutions of higher learning, and the courses provided and qualifications conferred thereby, which may be recognised for the purposes of this Act, and may include provisions for the review by the Institute of the syllabus and contents of such courses and examinations leading to such qualifications;
(b) specify the minimum standard of attainment, including the class of honours, to be achieved by persons who possess any of the prescribed qualifications;
(c) prescribe such courses, tests or examinations to be undergone by persons who possess any of the prescribed qualifications;
(d) provide for the exemption of any person or classes of persons from any of the provisions thereof by the Minister or by the Institute; and
(e) include such incidental, supplementary or transitional provisions as may be necessary or expedient.”
- 15.
Rules 6 to 9A of the Legal Profession (Qualified Persons) Rules.
- 16.
https://www.mlaw.gov.sg/content/minlaw/en/practising-as-a-lawyer/AdmissionRequirements.html last visited on 13 November 2015.
- 17.
Rule 5 of the Legal Profession (Qualified Persons) Rules, R15 adopted under s. 2(2) of the Legal Profession Act, Statutes of Singapore, Cap. 161.
- 18.
See s. 13 of the Legal Profession Act read together with Rules 3 and 4 of the Legal (Admission) Rules 2011.
- 19.
For more information on this course, see http://www.sile.edu.sg/part-b. It comprises seven compulsory topics (Civil Litigation Practice, Criminal Litigation Practice, Insolvency Practice, Real Estate Practice, Family Law Practice, Ethics & Professional Responsibility, Professional Skills) and two elective courses.
- 20.
Rule 14(2) of the Legal Profession (Admission) Rules 2011 states: “Subject to paragraph (3) and section 14(5) of the Act, the practice training period applicable to a qualified person shall be 6 months.”
- 21.
Rule 14(3) of the Legal Profession (Admission) Rules 2011.
- 22.
At one point, law schools in Canada, Hong Kong and Malaysia were on the approved list but they no longer are – only candidates who have obtained a degree from these schools before a certain date can qualify. For the details, see Rules 6 to 9A of the Legal Profession (Qualified Persons) Rules, Cap. 161, R 15. The Government has recently reduced the number law faculties on the list.
- 23.
Rule 4, Legal Profession (Qualified Persons) Rules.
- 24.
See Rules 6 to 9A of the Legal Profession (Qualified Persons) Rules. There are exceptions to the citizenship or permanent residency requirement: for example, for one who “before 1st May 1993, was and still is a barrister-at-law of England or of Northern Ireland, a member of the faculty of Advocates in Scotland, a solicitor in England or Northern Ireland or a writer to the Signet, law agent or solicitor in Scotland” (rule 13). This chapter will not look at all these exceptions.
- 25.
S. 24 of the Legal Profession Act.
- 26.
S. 130 I (1) of the Legal Profession Act.
- 27.
See http://www.mlaw.gov.sg/setting-up-a-practice/flp.html last visited on 13 November 2015.
- 28.
See further, the Administration of Muslim Law Act, Statutes of Singapore, cap. 3.
- 29.
Including Arbitration of Investment Disputes; ASEAN Economic Community Law and Policy; Asian Legal Studies Colloquium; Aviation Law & Policy; China, India and International Law; Chinese Commercial Law; Chinese Contract Law; Chinese Corporate and Securities Law; Chinese Legal Tradition & Legal Chinese; Civil Law Tradition; Climate Change Law & Policy; Comparative Conflict of Laws; Comparative Constitutional Government; Comparative Constitutional Law; Comparative Corporate Governance; Comparative Environmental Law; Cross Border Mergers; Developing State in a Changing World Order; European Company Law; Globalization & International Law; Government Contracts: Int’l & Comparative Perspectives; Human Rights in Asia; Indian Business Law; Indonesian Law; International & Comparative Law of Sale in Asia; International and Comparative Oil and Gas Law; International Commercial Arbitration; International Commercial Litigation; International Economic Law & Globalisation; International Environmental Law & Policy; International Humanitarian Law; International Investment Law; International Law and Asia; International Legal Process; International Legal Protection of Investment Flows; International Projects Law and Practice; International Tax Law; Islamic Law; Law & Politics in South Asia; Law, Economics, Development, and Geography; Law, Governance & Development in Asia; Law, Institutions, and Business in Greater China; Maritime Conflict of Laws; Ocean Law & Policy in Asia; Public International Law; The Contemporary Indian Legal System; The EU and its Law; The Law of Treaties; The Use of Force in International Law; Topics In The Civil Law Tradition (A): EU Harmonisation, Trade Remedy Law & Practice; United Nations Law and Practice; World Trade Law.
- 30.
Including An Introduction to International Banking and Financial Regulation, Comparative Law of Sales, Competition Law, Complex International Litigation, Foreign Direct Investment Law & Practice Intellectual Assets and the Law in Asian Economies, International and Comparative Criminal Justice, International Arbitration Practice, International Commercial Arbitration, International Commercialisation of Intellectual Property, International Construction Law, International Law and Global Politics, International Patent Law and Policy, Islamic Commercial Law, Joint Venture Law (Singapore – Indonesia), Law of International Trade, Principles of Taxation of International Business Transactions, Public International Law, Public International Law and Domestic Law: International Commerce, Trade and Investment Law, WTO: Law and Policy.
- 31.
References
Laws and Regulations
Application of Muslim Law Act, Rev. S. Sing., Cap. 3.
Legal Profession Act, Rev. S. Sing., c. 161.
Legal Profession (Admission) Rules 2011.
Legal Profession (Qualified Persons) Rules, R15 adopted under s. 2(2) of the Legal Profession Act, Statutes of Singapore, Cap. 161.
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Singapore Department of Statistics. Census of population 2010 statistical release 1 demographic characteristics, education, language and religion. ISBN 978-981-08-7808-5 at http://www.singstat.gov.sg/docs/default-source/default-document-library/publications/publications_and_papers/cop2010/census_2010_release1/cop2010sr1.pdf.
Singapore Department of Statistics. Census of population 2010, statistical release 2: households and housing, ISBN 978-981-08-8009-5, at http://www.singstat.gov.sg/docs/default-source/default-document-library/publications/publications_and_papers/cop2010/census_2010_release2/cop2010sr2.pdf.
Singapore Department of Statistics. Latest data at http://www.singstat.gov.sg/statistics/latest-data#14.
Third law school focused on lawyers interested in community law. Straits Times, 28 May 2013.
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Bell, G.F. (2016). Global Lawyers for a Global City: Legal Education in Singapore. In: Jamin, C., van Caenegem, W. (eds) The Internationalisation of Legal Education. Ius Comparatum - Global Studies in Comparative Law, vol 19. Springer, Cham. https://doi.org/10.1007/978-3-319-29125-3_14
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