FOREWORD BY
THE CHIEF JUSTICE

The Supreme Court stands at the apex of Singapore’s judicial system with the mission of superintending the administration of justice. The idea of justice may be as old as man’s contemplation of his earthly destiny: what is the purpose, if any, of life? Why do we need justice for man as a social being? Justinian, the great Roman jurist, said that justice is the constant desire and effort to render every man his due. Even earlier, Aristotle said: “By the just we mean that which is lawful and that which is fair and equitable”. These attributes of justice may seem obvious to us today, but it is not an easy task for the most earnest and well-intentioned Judge to render every man his due according to law. Judges are learned in the law and trained to think rationally and decide impartially, but are not omniscient in all things. They can only strive to do their best according to their ability in resolving disputes brought before them. Over the course of the year, the Judges and judicial officers of the Supreme Court have strived to do just that. This Annual Report is a record of their work in 2006.

This is the first foreword I am writing for the Annual Report. The forewords in the past years have been written by Chief Justice Yong Pung How. Anyone reading those forewords would be amazed at the structural and operational innovations that he was responsible for in improving the court processes in Singapore during his tenure as Chief Justice. His dedication to raising the operational standard of the judicial system is unrivalled. His work was founded on one dominant idea: organisational excellence to provide the highest degree of efficiency in court operations and processes. He believed strongly that justice is not an abstract idea and that it is essential to give every person his due in a timely manner. Untimely judicial decisions detract from the idea of justice.

I agree. The Supreme Court is and will remain committed to ensuring the highest levels of efficiency in our court operations and processes. I am also mindful that timely justice is a relative concept and involves the striking of a fine balance between justice delayed and justice hurried. Just decisions imply that the Judge has considered all the relevant facts and the relevant law, given counsel adequate time and opportunity to plead their clients’ cases and rendered judgment in time to enable the successful party to collect his due or to enjoy the fruits of his success. Again, it is easier to make such motherhood statements than to bring them to fruition. At the very least, we want litigants, those who won and those who lost, to feel and know that they have been given a full and fair hearing. We will continue to give effect to the fundamental tenet that justice must not only be done but should also be seen to be done.

As court decisions not only affect litigants from all walks of life, but also touch their friends and family, we believe that we have an obligation in helping the public to understand the law so that they have some idea of their civil rights and obligations. They should have the means to know the legal and court processes to appreciate how their rights and obligations are determined by the courts. To this end, the Supreme Court has endeavoured to provide more information to the public by giving free access to recent court judgments on its website, and providing legal information sheets on court processes.

We also need to improve our communication with the media and the public. Without the media, the work of the Supreme Court will be shrouded in ignorance and mystery to large sections of the public. The media, in reporting and commenting on the decisions of the Judges, provides the light that makes the daily work of the courts visible to the people. The impact of court decisions on the public consciousness is directly correlated to the accuracy, fairness and prominence of commentary or criticism of court decisions. Many judgments are complex and difficult to understand for those who are not familiar with legal concepts and court processes. To ensure that judgments are well understood by the media and public, we have since August 2006, initiated the practice of issuing a media release for every important judgment of the Court of Appeal and of the High Court. We are sure that this practice is salutary and is beneficial to all who are concerned with justice - the media, the public and the courts.

I am happy to note that the Judiciary continues to attract lawyers of legal learning and experience who are dedicated to serving the public service in the administration of justice. Last year the Supreme Court lost the dynamic contributions of Chief Justice Yong and Justice Chao Hick Tin to the continuing development of our jurisprudence, with the latter being honoured with the equally onerous burden of looking after the legal system as Attorney-General. However, we are fortunate in having Justice Andrew Phang Boon Leong in the Court of Appeal since February 2006. He brings with him not only a vast repository of legal knowledge and analytical skills, but more importantly a fresh mind to the legal issues that come before the Court of Appeal. Our judicial expertise has also been strengthened by the appointment of Justice Lee Seiu Kin and Judicial Commissioner Sundaresh Menon who bring with them a diversity of legal knowledge and experience that a first class Judiciary must have.

Early last year, the Supreme Court also grieved over the untimely death of Justice Lai Kew Chai, soon after his retirement from the Bench. Justice Lai and I were judicial colleagues for six and a half years. I was greatly impressed by his judicial temperament and wit, legal knowledge, especially in commercial law, and his ability to master new areas of law quickly. We honour his memory for his lifetime dedication to the service of justice in Singapore.

At the close of this eventful year for me, I look forward to galvanising my fellow Judges in the days ahead to live up to our responsibility as custodian of the judicial system. We will continue to endeavour to discharge our constitutional duties, uphold the rule of law and serve the cause of justice with dedication, fairness, and impartiality.


Chan Sek Keong
Chief Justice, Republic of Singapore

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