Speech by Mr Ng How Yue, Permanent Secretary for Law, at the SMU Award Ceremony 2016

09 SEP 2016

9 Sep 2016 Posted in Speeches

Dean of the SMU School of Law, Professor Yeo Tiong Min,

Chairman of the SMU School of Law Advisory Board, Mr Lucien Wong,

Students, parents and distinguished guests.

  1. Good afternoon. I am delighted to be here at this Award Ceremony, which recognises the top academic achievers in the SMU Law Faculty, as well as the prize winners for the Law Reform Essay Competition from both SMU and NUS.

  2. This Competition has been running for 5 years now. It is only the second year that the Ministry of Law has the pleasure of collaborating with SMU School of Law and NUS Faculty of Law for this Competition. Its aim is to provide our law students with a meaningful opportunity to analyse the interplay between law and policy that undergird legislative reform efforts, and to contribute fresh, innovative ideas to these reform efforts.

    Competition topic – Universal Jurisdiction to combat modern transnational crime

  3. This year, we invited students to discuss their views on whether Singapore should allow for greater use of universal jurisdiction under our laws to combat modern transnational crime.

  4. The need to ensure that the development of principles and rules which define international law keeps up with the rapidly evolving nature of conduct which transcends geographical boundaries is critical in a borderless world.

  5. This need to have in place a current and progressive international legal network to support the work of law enforcement agencies around the world is particularly important in an age where transnational crimes are changing the nature and face of crime.

  6. We have to develop fresh, effective ways to combat transnational crimes. This would allow us to take action against perpetrators of transnational crime.

  7. As was noted in many of the essays that we received, there are strong arguments for the adoption of universal jurisdiction on the basis that it prevents impunity and punishes perpetrators for these actions.

  8. In particular, one essay proposed that the jurisdictional reach of the recently enacted Prevention of Human Trafficking Act should be broadened to a universal one. The author noted the heinous nature of trafficking, where victims are almost always subjected to various forms of abuse. The author then went on to argue that universal jurisdiction would be a useful tool to combat human trafficking, particularly in countries where corrupt officials assist in the facilitation of human trafficking practices or where the lack of resources prohibit the effective prosecution of traffickers.

  9. While these arguments are attractive, there are practical limitations in the use of principle of universal jurisdiction. As has been alluded to in a number of essays, this desire to do more must be balanced against the need to accord respect for what is permissible under international law, including issues that touch on sovereignty and international comity.

  10. I hope that this Competition has allowed participants to appreciate the challenges in law reform. There are no easy, perfect answers in the law reform process. A delicate balancing act is required in considering valid yet competing interests and concerns. Trade-offs are inevitable, but they must be managed carefully. In this balancing exercise, we also need to make sure we do not lose sight of the fundamental policy objectives.

    Congratulations and thanks

  11. Finally, I would like to congratulate the authors of the prize-winning essays and commendation essay.

  12. To the authors of the prize-winning essays, I welcome you to an internship with the legal divisions at the Ministry of Law. Through this internship, I hope you will get to experience first-hand the law reform efforts undertaken by my Ministry.

  13. I would also like to thank Professor Yeo Tiong Min, Professor Simon Chesterman, Associate Professor Warren Chik, Professor Mark Findlay, Associate Professor Eleanor Wong, Deputy Chief Prosecutor Ms Lee Lit Cheng and Director-General of AGC’s International Affairs Division Ms Daphne Hong for closely working with our Director-General Ms Thian Yee Sze to ensure the success of the competition.

  14. Finally, I would like to extend my heartiest congratulations to the recipients of the SMU academic awards and my congratulations to all parents here today.

  15. Thank you very much.

List of Winners (0.2MB)

Last updated on 14 Oct 2016