SINGAPORE UPDATE

LEGALESE OR LESSLEGAL?
Among the cases against lawyers in Singapore, there were 2 cases recently that were quite bizarre:

The first case involved a belly dancing instructor.

Her problem began when she got involved in a property transaction and had to instruct a lawyer. Surely she expected a discussion about the transaction when her lawyer showed up at her apartment late at night. After all, that was the reason he gave when he insisted on meeting her at about 11pm in February three years ago. Instead, the lawyer checked her condominium unit to see if she was alone before 'cajoling' her to perform a belly dance for him.
The client, who lived alone, was naturally stunned, and rejected him.

A disciplinary tribunal, arising from the client's complaint, found the lawyer "guilty" and reprimanded him for his unbefitting professional conduct.

The tribunal heard how the lawyer of 14 years had gone to the client's apartment, under the pretext of discussing a property deal he was handling for her, claiming that he had gone (at 11 pm?) there to assess its value for a potential sale. Strangely, before he turned up, it is alleged that he sent her a text message, asking: 'U (sic) need anything? I buy wine, food or cigarettes.'

The tribunal felt that the lawyer was not only untruthful, but offered explanations which were 'unbelievable'. The reason he gave for visiting her home was 'implausible and unlikely', given that the job of assessing how much the unit was worth belonged to a valuer.

Counsel for the lawyer had even argued during the hearing that belly dancing is an art that may 'not necessarily have sexual connotations'.

Belly Good, Counsel.

The Second case involved a high flying lawyer from one of Singapore's largest firms, who stole items from a hotel room in Hong Kong. For this, he has been struck off the roll of legal practitioners in Singapore.

Apparently, the lawyer pleaded guilty to the theft in a Hong Kong court two years ago and was sentenced to a year's jail, suspended for two years if he stayed out of trouble. He was also barred from practising in Hong Kong for five years.

The Court said: 'Where the advocate and solicitor concerned has been guilty of dishonesty, the court will almost invariably, no matter how strong the mitigating factors... order that he or she be struck off the roll.'

But the court also said that lawyer's sterling track record and his own decision to remove himself from practice afterwards made him a good candidate to reapply for reinstatement after a decent period.

Sometime in January 2008, and while he was in Hong Kong on a business trip, the lawyer entered an unoccupied room at the Novotel Watergate Hong Kong hotel and stole several electronic items including a cellphone and an iPod nano worth a total of HK$9,500 (S$1,700). Having been filmed by a security camera, the lawyer was arrested a few hours later and the stolen items were found under his bed.

At his trial, the lawyer produced evidence from two psychiatrists to show that he was suffering from a major depressive disorder affecting his judgment and awareness. The court bought it but the judge opined that while he accepted that the lawyer had not been fully aware of what he was doing, he was not 'robotic' either. The psychiatric evidence was considered for mitigation rather than in the plea of guilt.

Three days after his conviction, the lawyer dutifully informed the Law Society in Singapore and voluntarily suspended himself from practice.

High Price to pay for an iPod?

Contributed by Lawrence Fong, Managing Director, GCSL Singapore
Lawrence's email address is lawrence@gcsl.info

INTERNATIONAL UPDATE

Before buying land in São Paulo, get to know environmental laws
For those willing to invest in the State of São Paulo, Brazil, buying companies, sheds, land, etc., or renting their respective areas, getting acquainted with the applicable provisions of State Law No. 13577 of July 8, 2009 is recommended. Said law provides for policies and procedures for soil quality protection and management of contaminated areas.

The law addresses the protection of soil quality against changes identifiable as harmful contamination. It also defines responsibilities, identifies and records contaminated areas and proposes remediation for these areas, making their use safer for the present and future.

Under Article 6 thereof, any individual or legal entity who, by act or omission, may contaminate the soil should adopt such measures as necessary to prevent any significant and harmful changes to soil functions.

Article 15 of the law is nonetheless the most important one for those who are buying or renting areas after this law came into force, because it establishes that the party responsible for an area should immediately report to environmental authorities any evidence or suspicion that an area is contaminated.

Under article 13 of the law, the following parties are held legally and jointly liable to preventing, identifying and remediating a contaminated area: i) the one who caused the contamination and their successors, ii) the owner of the area; iii) the lessee; iv) the holder of the actual possession v) anyone who benefits directly or indirectly from it.

The legal analysis concerning where liability shall lie is very important, because without going further into identifying liable parties as established in article 13 of the law, one can initially determine that the legislation may have relied exclusively upon the federal legislature when establishing rules of civil law, in that emphasis is placed on civil liability. This rules out the theory that this law refers to environmental protection legislation, and that being so, jurisdiction would also apply to the Brazilian states.

This law also allows for disregarding the legal entity when its form of business organization is an obstacle to identify and remedy a contaminated area.

Last but not least, for entrepreneurs to have an idea of the sanctions to which they are subject when not meeting the applicable requirements set forth by Law no. 13577, individuals or legal entities that in any way, by act or omission, contaminate the soil (article 6) or the party legally liable who has suspicion that an area is contaminated but fail to report it to the environmental authorities (article 15) may be subject to i) warning notice; ii) fine (which currently may range from R$ 63.40 to R$ 63,400,000.00), iii) stays of execution iv) demolition v) suspended financing and tax benefits.

Contributed by Roberto de Pádua Cosini, Lawyer, Miguel Neto Advogados Associados - São Paulo, Brazil
Roberto's email address is rpc@mnadv.com.br

OFFSHORE UPDATE

ANGUILLA: Jurisdiction now able to register larger ships and yachts
The following article appeared in a recent edition of The Anguillian Newspaper.

The Anguilla Government has expanded the island's ship registry which, while strengthening its marine regulations, will increase financial activity in this sector, thus attracting more local revenue and providing linkages to other fiscal areas.

A Memorandum of Understanding (MOU) to that effect was signed on Monday, May 10, by the Minister of Infrastructure, Communications and Utilities, Evan Gumbs, on behalf of the Government of Anguilla. Mr. Gumbs, who was authorised to sign by the Executive Council, did so along with Mr. Richard Parks, Interim Chief Executive of the UK Maritime and Coastguard Agency, who signed on behalf of the UK Department of Transport.

Permanent Secretary in the Ministry of Infrastructure, Communications and Public Utilities, Larry Franklin, explained that there were two categories of ships' registries: Category 1 registry includes the territories of Bermuda, British Virgin Islands, Gibraltar, Isle of Man; and Category 2 registry comprises Anguilla, Falkland Islands, Guernsey, Jersey, Montserrat, St. Helena and Turks and Caicos Islands.

"Moving to this level of being able to register pleasure vessels up to 400 gross tons, we in Anguilla consider this as an interim step towards moving to a Category 1 register," he explained.

The Minister, Mr. Evan Gumbs, said: "This is a great step for Anguilla in moving forward when it comes to registering the vessels. The Chief Minister [Mr. Hubert Hughes] said at a previous meeting that we will be working very hard to get to Category 1, but we are very grateful that we can move from registering vessels 150 tons to 400 tons under this arrangement we are signing."

Mr. Parks said the signing of the MOU modernised the relationship between the Government of Anguilla and the UK on all matters related to ship registration, survey inspection of Anguillian-registered vessels and of foreign vessels visiting Anguilla and the standard of seafarers.

He continued: "The agreement sets out the responsibilities of both parties and builds upon the recent visit of Maritime and Coastguard Agency staff who recommended that, in the interests of good governance, an MOU should be signed... I am pleased that the Government responded positively and that I am able to sign the MOU in person, whilst being here for the annual Red Ensign Group conference which, for the first time, is being hosted in Anguilla.

"The MOU provides the opportunity to increase the size Anguillian fleet by allowing for the registration of vessels in private use up to 400 gross tons (the previous limit was 150 gross tons). I hope this provides an opportunity to increase revenue, while maintaining the necessary safety and environmental standards. I wish the Anguilla Shipping Registry every success for the future working in partnership as part of the Red Ensign Group 'family.'"

The United Kingdom Secretary of State for Transport has general superintendence of the Red Ensign Group on all matters related to merchant shipping and seamen. Being part of the REG registries, Anguilla is obligated to maintain agreed standards of survey, inspection and certification of locally-registered passenger and cargo vessels.

A key component to expanding the ship register in Anguilla is the capability of the staff of the registry and related units to uphold the regulatory regime with regard to ship registration.

GCSL Anguilla stands ready to assist clients wishing to register their boats and pleasure yachts in Anguilla.

Contributed by Carlyle Rogers, Managing Director, GCSL Anguilla
Carlyle's email address is carlyle@gcsl.info

BELIZE: A Changing of the Guard...
Come the end of May, 2010, The Judicial Committee of the Privy Council will cease to be the final court of appeal for Belize. Belize will join both Barbados and Guyana in making the Caribbean Court of Justice the last court in the judicial process. But perhaps there is need to understand the history behind this body of jurists.

Originally established by the Judicial Committee Act of 1833, the Privy Council's duty from that time to the present has been to operate as the court of "last resort" for many jurisdictions within the British Commonwealth.For the vast majority of the Commonwealth nations in the Caribbean, including Belize, it has been such. For decades it has operated in a quite satisfactory manner, allowing for many matters, predominantly criminal, to be heard. The Privy Council has jurisdiction in the following matters domestically in the UK, as well:

1. Appeals against schemes of the Church Commissioners (who control the estate of the Church of England);
2. Appeals from the ecclesiastical courts in non-doctrinal faculty cases;
3. Appeals from the Court of Admiralty of the Cinque Ports
4. Appeals from the Prize Courts;
5. Appeals from the Disciplinary Committee of the Royal College of Veterinary Surgeons;
6. Disputes under the House of Commons Disqualification Act 1975.

The UK Government is also able to refer any matter to the Council for "consideration and report." It is still the court of last resort for Antigua and Barbuda, Bahamas, Grenada, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint vincent and the Grenadines, Tuvalu, Cook Islands, Niue, Jersey, Guernsey, Isle of Man, Anguilla, Bermuda, B.V.I., Cayman Islands, Falkland Islands, Gibraltar, Montserrat, St. Helena, Ascenesion and Tristan da Cunha, Turks and Caicos Islands, Pictairn Islands, and the UK Sovereign Base Areas of Akrotiri and Dhekella in Cyprus (information supplied by Wikipedia).

Jamaica was the only country prior to this, apart from Barbados and Guyana, to attempt to seriously end the Council's position as its court of last resort, but the procedure adopted by the country was ruled to be inappropriate and thus the Council remained as the highest court in the land. Steps are still being taken to allow for the Caribbean Court of Justice to replace the Privy Council, but some do not believe there is sufficient political will.

There is a general conception that Privy Council's long-standing aversion to the death penalty has fueled the region's push for its own court of last resort. While it is true that the societies of the Caribbean have an overwhelming preference for the application of the death penalty for capital crimes, it is safe to say, however, that there are other considerations for the adoption of this court. The first is affordability of justice. Consider that going to England for pleasure is a financially daunting task for most, but financing a matter before the Privy Council is itself a bankrupting task in many instances. This entails many times finding Queen's Counsel, although not necessarily British, one who is able to appear before the Privy Council. Those fellows are not cheap. I know of one individual, he mentored me when I first left Norman Manley Law School. He admitted to me that his rate was in the region of US$600.00 per hour, not inclusive of the hotel, food and transportation, which the client was EXPECTED to cover as well. Traveling to the twin-island republic of Trinidad and Tobago, which is abundantly closer, and cheaper to live, allows for more persons to have access to the justice that is so often sought by parties looking for a just outcome.

A wise man once told me, "there is no justice; there's just us." With all due respect, in this instance, I am inclined to disagree. Finally there is the opportunity for Caribbean jurists, some of whom are credited at being among the finest in the world, to have a direct say in the outcome of legal matters arising in, and emanating from, the Caribbean. It is a step in the direction of regional maturity, not a step away from justice. The rule of law will continue to prevail, and knowing Caribbean jurists, will be adhered to more vigorously than in many other jurisdictions whose legal systems have been relegated to mere official circuses. I will not name names. I look on with pride and joy as I see great strides being made in the Caribbean, in Belize. There is much cause for celebration. Trusts which are challenged will find that some Englishman no longer has final say, but a legal mind of the Caribbean, with a more intimate understanding of the law and society of the Caribbean, will make a determination. No longer will there be reference to the Clapham bus, but it will now simply be the "minibus".

It is a sign of good things to come.

On a personal note, I write with a heavy heart as I see the violence in my native Jamaica. That is the evidence of a dangerous chemical reaction when one mixes the elements of politics (Po) with drug gangs (Dg). This chemistry will no doubt prove to be the ruin of a beautiful country, one which has had a significant positive impact on the world, bringing about the likes of Marcus Garvey and Robert Nesta Marley (Bob Marley). As the latter sang, 'Man to man is so unjust, I just don't know who to trust...'. I hope that my fellow Jamaicans will keep safe, and that justice will prevail."

Contributed by Carlo Mason, Managing Director, GCSL Belize
Carlo's email address is carlo@gcsl.info

COOK ISLANDS: COOK ISLANDS REMINDED NOT TO BE COMPLACENT OF HIGH QUALITY JUDCIARY
The people of the Cook Islands were reminded this month just how lucky they were to have such a strong and independent judicial system - and told that they all have a responsibility to keep it that way. There was a special sitting of the High Court to announce three new judicial appointments; Justice Tom Weston as the new Chief Justice, current Chief Justice David Williams will become a judge on the Court of Appeal, and Sir Ian Barker was confirmed as the President of the Court of Appeal.

In announcing the appointments, Attorney General Wilkie Rasmussen said our judicial system was the "envy of our Pacific neighbours". This view was repeated by Law Society president Lloyd Miles who said the country's judicial system was "robust and capable" and "committed to excellence" and indeed the envy of our regional neighbours.
Chief Justice designate Weston said the Cook Islands is a jurisdiction where the rule of law is respected. "That, regrettably, is not something that can be said for some of our Pacific neighbours. Here, though, we take for granted the existence of an independent and highly skilled judiciary and a judiciary that is allowed to get on with its job without political interference. But he warned that "The Cook islands should not be complacent about this."
Justice Weston said he inherits a judiciary that is working extremely well. "It has judges of the highest calibre." Rasmussen said he was saddened that he had to take CJ Williams' resignation to Cabinet but heartened that he was staying on as a Court of Appeal Judge.

Justice Williams said he was pleased that Justice Weston had accepted the appointment, as it would help level out the age gap in the judiciary with "an aging population on the bench".

He also paid a special tribute to Sir Ian Barker, who was not at the ceremony, and the "extraordinary contribution he had made to the Cook Islands".

Justice Weston said while it was time to look forward, it was also the time to acknowledge the huge contribution made by Chief Justice Williams, who has been in the position since 2005, and overall a judge in the country for 10 years. Prior to his appointment in the Cook Islands Justice Williams was a High Court judge in New Zealand for three years and he has been a Queens Counsel for over 23 years. Justice Weston said that when Justice Williams was not acting as a Chief Justice in Cook Islands court, he conducts a practice as an international arbitrator.
"These arbitrations take place in exotic locations such as London or Paris or even further afield. Generally they involve colossal sums of money and high powered international lawyers acting for the various parties," Justice Weston told those gathered at the special court hearing. "In this world, the Chief Justice is regarded as one of the top arbitrators. His sense of fairness and scrupulous attendance to the arguments before him marks him out. "Consequently, he is highly sought after and has many active files."

The gathering also heard that CJ Williams has been appointed to the Court of Dubai International Finance centre.

"It is this sort of experience and expertise that the Chief Justice has brought to his role in the Cook Islands."

Justice Weston said the Cook Islands will continue to have access to this experience as Justice Williams has consented to remain involved as a Judge in the Court of Appeal.

He said when Sir Ian Barker retires, it is highly likely that Justice Williams will become president of that court.

Article printed by permission of Cook Islands News. www.cookislandsnews.com
Contributed by Puai Wichman, Managing Director, GCSL Cook Islands
Puai's email address is puai@gcsl.info

SAMOA: GO SAMOA, GO!!!
Firstly, a big congratulations to the Manu Samoa 7's team for a great performance in the final leg of the IRB Sevens Tournament held in Scotland. Not only did they win their final game against Australia in magnificent form, but they also beat NZ on the final scoreboard of points earned throughout the whole series. It was truly a remarkable effort for a team that hails from a small country in the Pacific. The whole country awaits their of the team which surely would be a bigger fanfare than the win achieved at the Hong Kong 7's.

As from the 1st June 210, we will be operating from a new location mentioned below: We are filing Notices of Change of Registered Office with the Registrar before sending copies of the said notice for your records. Please note the change of address as follows:

Global Consultants and Services (Samoa) Limited
Le Sanalele Complex, Ground Floor, Saleufi,
P O Box 1868, Apia
Samoa.

Our email and telephone contact numbers remain the same:
Tel: (685) 29066/29067
Fax: (685) 29062

Should you have any questions, please do not hesitate to contact us directly on the following emails:

Laura Fepuleai laura@gcsl.info
Foumalo Leiataua foumalo@gcsl.info
Fofogaopapa Leulusoo fono@gcsl.info
General samoa@gcsl.info

Contributed by Laura Fepuleai, Manager, GCSL Samoa
Laura's email address is laura@gcsl.info

TIDBITS

OUR MONTHLY QUOTE THAT MADE US SMILE
"If you don't read the newspaper, you're uninformed. If you read the newspaper, you're mis-informed." — Mark Twain

WE WANT TO PARTY WITH THIS LADY!
We recently read (and tipped our glass to) about the 114-year-old French woman who is the world's oldest person on this planet, lives on a Caribbean island and still enjoys a glass of champagne. We want to party with this lady...we will bring the bubbles!!!

TEACHERS SHOULD BE PAID MORE
We were shocked to learn that a 49 year old teacher with 25 years of teaching under his belt had stooped to stealing valuables and cash from students' lockers during gym class. Bad news! He was caught because a clever student set his mobile phone to tape any activity taking place in his locker while he was in class. Bad enough the teacher is stealing, but even worse was the school's decision to threaten to expel the student for "using" his mobile phone at school against school rules. Hey, c'mon, the kid should have received an award for innovation...and teachers should be paid more!

ATM GOLD
Yes, even in these tough times, Dubai never fails to surprise with the launch of a money machine that dispenses pure gold. With 320 items to choose from, ranging from gold bars that can weigh up to 10 grams, to customized gold coins, this ATM gold dispenser does not even seem out of place in the still glitzy Dubai!

WE WANT TO GO BACK TO SCHOOL
We applaud a high school team in Australia that was cheered on by two skimpily-dressed staff from the local branch of Hooters during a recent game. Hooters pointed out the criticism from some local community leaders was "ridiculous" as (a) the waitresses represent the all-American cheerleader and (b) not all the ladies have big boobs. We have to agree...after all, Oz needs "all-American cheerleaders...we want to go back to school, particularly this school!

GENIUS
We had to smile about the British handyman who put a ladder up against a branch, climbed up, and sawed it off -- on the tree side of the ladder - resulting in a 14 foot fall and 10 days in hospital. Even worse, his employer was fined approximately US$1,500 for its "health and safety breaches"...huh!? To top it off, the genius is suing his employer arguing management should have given him training on where to put the ladder. We think they should suggest he stick the ladder up his, well, you know!!!