10/18/2014

International judges presiding in Singapore – What a foolish idea?



I hope readers will spend time to re read the serious implications of this silly idea that is submitted to Parliament for approval. Try to understand the thinking behind silly Parliamentarians, what is inside their numbskull, where are they leading us to, and how it would make Singaporeans irrelevant in their own country and would lead to their own self destruction and extinction.

‘(Oct 8, 2014) Singapore’s move to allow foreign judges to hear commercial cases may boost its standing against regional rival Hong Kong where concerns have mounted that its judicial independence is being undermined by China.
Judges from other jurisdictions will be able to hear cross-border disputes at the Singapore International Commercial Court, according to proposed changes tabled in Parliament yesterday. Singapore, which earlier allowed foreign lawyers to advise clients on its corporate laws, will also let them appear in the new court.’

The above is posted in TRE under the heading SG Welcomes Foreign Judges as H.K. Lawyers Fret.

I must say I have mixed feelings on this. And this is a very polite way of expressing what I am thinking. We have set up an international court to arbitrate over inter state/juridistiction issues and must have foreign judges? I remember that when the International Court idea was first broached it was the integrity and reputation of our courts that we were marketing. We were marketing the Singapore brand, the place where people can see justice done and served in a clean, incorrupt and fair environment by competent legal professionals. 

Litigating parties were looking for such a jurisdiction and judicial system where they could find justice when they could not find it elsewhere. And Singapore’s reputation was the key factor for such a court. And this reputation must have been derived from our clean govt and impartial justice system run by great legal minds with impeccable record for delivering justice when justice needs to be seen and done. And judges were honest, upright, not beholden to any party and very competent. It is the Singaporeans that make our system upright and desired by people that cannot find justice in other places.

Are people suspecting that our judiciary and judges are not up to mark that they need foreign judges to give the litigants a fair trial? Did anyone complain that our judges are not good enough and foreigners best? Or our judges are incompetent? Can our judges be trained in international laws to judge in the international courts? If foreign judges can be trained to handle international cases, why are our judges not capable of being trained to do so? Are our talented less talented than foreigners? Come on, our law students have proven themselves to be the best in many international moot courts over and over again. We are not inferior unless we believed we are inferior.  But these are secondary!

What is really important is the integrity of the system and the legal professionals. If litigants are looking for smartest and cleverest lawyers and judges, there is no need to come to Singapore, there is no need for an International Court here. They are coming here because it is Singapore, that they are confident of getting a fair judgement by the clean and no nonsense Singaporeans.

The international court is here most of all is because of our integrity. Once this premise is lost, once our competence and integrity are undermined, why would people want to bring their cases here for arbitration? They might as well go to countries where these foreign judges are presiding. They did not go to them because they don’t trust them no matter how smart they are.

If we are thinking along the lines that foreign judges should rule in our country, should we designate some parts of the island into foreign concessions like Old Shanghai where foreign laws and jurisdiction ruled? Then they can even bring in their police and soldiers to run the concession and Sinkies will be treated as foreigners in the concession?

If international arbitration business is so big, Should we turn the whole island into a foreign concession too to make more money from this business. How far are we prepared to go to turn our little island to foreigners for a little revenue? How far are we prepared to accept that we are not the best and the best are from elsewhere? Are we kicking our own backside?

Or is this part of the New Concept City State? We have made our Singaporean bankers obsolete, our IT professionals extinct, our professors in the universities have been replaced by foreigners. Our tertiary students are also being replaced. Now we also want to replace our judges and legal professionals in our own country with foreigners. Would they be thinking of replacing our men in uniforms too, because they could find better foreigners?

The people that really need to replace are the silly crackpots in Parliament who came out with this idea of foreigners are the best and Singaporeans are daft and must be replaced. We cannot continue down this slippery road to oblivion. We cannot let them bring in all the so called foreigners are betterer to replace us, the owners of this island and make us drive taxis and be security guards. This is our only place in the sun.

Are you thinking? What are they smoking? Look ahead 20 or 30 years and see what kind of Singapore will it be and where is the place for Singaporeans, your children and grand children.

Kopi Level - Green

22 comments:

Raymond said...

The same arguments can be said of Queen's counsels. Why do Singapore courts allow them? Are foreign lawyers "betterer" than Singapore senior counsels?

The answer is Yes.

And it takes a pragmatic position of humility to recognize that.

On the other hand, it is a position of extreme arrogance to assert that all judges--even in international cases--must be Singaporean.

Only a foolish, narcissistic numbskull like you would adopt such a stance.

Anonymous said...

Bo bian one lar as the govenment can change any thing at its will.

Anonymous said...

What if our judge not familiar with the law surrounding a particular case? Go ask that judge to study some more or how??? Like that our reputation will go belly up in no time...

Anonymous said...

Xenophobia in the highest regard, literally!

Anonymous said...

Sneaky Raymond, why don't you be brave enough to show us your face then we will know if you are a numbskull or a sissy?

Anonymous said...

Tomorrow someone whispers to them that our soldiers are not good enough, or our police are not good enough, some jokers will go to parliament to ask to bring in foreign soldiers.

When some jokers said our politicians are daft and we are a global city, the parliament must have foreigners to make laws for foreigners. So we also have foreign MPs to look global?

Anonymous said...

Anonymous said...

Xenophobia in the highest regard, literally!

Cannot say lidat lah. Lidat how to have leg wide wide policy? Foreigners are the best. Without foreigners Sinkapore will sink.

Without foreign judges no one will want to come to the Sinkapore International court.

Anonymous said...

"The people that really need to replace are the silly crackpots in Parliament who came out with this idea of foreigners are the best and Singaporeans are daft and must be replaced."
RB

Hahahahahaha.

But who voted the silly crackpots into Parliament?

They must be even sillier than the crackpots that they voted into Parliament, tio bo?

Like the saying, it takes a Greater Fool to be cheated by a Fool.

Anonymous said...

"They must be even sillier than the crackpots that they voted into Parliament, tio bo?"
Anon 9:18 am

Not really lah. Smart Sinkies can still make lots of money even with silly crackpots in Parliament.

And with lots of money, they will have a good life. So how can they be silly, u tell me lah?

Anonymous said...

Tiok. What is the point of a rich and prosperous Singapore run by foreigners but Singaporeans all habis?

Anonymous said...

Just because an institution is located here all its appointment holders must be Singaporean meh?

What kind of logic is that?

Anonymous said...

"What is the point of a rich and prosperous Singapore run by foreigners but Singaporeans all habis?"
Anon 9:41 am

The point is a poor Singapore Singaporeans also habis lah, including smart ones, and they will definitely migrate to escape. Only daft ones will be left behind.

So for PAP, it is a choice of the lesser of 2 evils, because only daft Singaporeans habis.

Tio bo, u say lah?


Anonymous said...

"Just because an institution is located here all its appointment holders must be Singaporean meh?"
Anon 9:48 am

Of course not lah.

Sinkieland only sponsor the money, the buildings, facilities, the hardware lah. So little red dot will have a high international profile mah.

The software (talents) will come mostly, if not all, from foreigners. Just like the Youth Olympics, the scholarships for foreign talents, etc lah.

Understand?

Chua Chin Leng aka redbean said...

Anonymous said...

Just because an institution is located here all its appointment holders must be Singaporean meh?

What kind of logic is that?


The point is that the International Court is only useful if it is not corrupt, like Singapore. What is the point of having a court without such a reputation? You can have the best foreigners presiding and running it, no one will come if it does not have a squeaky clean reputation.

Smart and clever so what if they are scoundrels? We have seen many smart scoundrels appearing in the last few weeks. An International Court is all about justice and integrity, not about being the cleverest or the smartest.

What is the point of having very smart civil servants and politicians if they are cheats or scoundrels?

Anonymous said...

The real numbskull is Raymond.
Never heard of need to protect local PMET?
Never heard of exceptions to the rule? Even now, Queen's Counsel can be allowed with permission.

Virgo49 said...

Hi Anon @9.15

Good! Good! Get the foreign mercenaries so our Boys do not have to serve National Slavery.

Aiya, talk here talk there, our Judges must go for upgrading courses just like Lim Sia Suay said:-

Better, Betterer, Betterest!!

Or restructuring like our Mr Botak said.

Our judges local degrees cannot compared to the Foreign degrees.

Must also get foreign liars, oops lawyers to replace our local ones.

Rice bowls kena broken, then maybe they will follow their Malaysian counterparts in Street protests.

Now too comfy to do anything.

Cheers

Anonymous said...

With 7 billion people out there, if you don't grab hold of your pants, they would also be taken from you.

Compare to the best of the world, everyone of you is not fit to live here, everyone an idiot compare to the best out there.

Anonymous said...

Local or foreign, the appointed person should be the best qualified. Anything else is plain xenophobia.

Shame on this blogger.

Matilah_Singapura said...

This gets my 101% approval rating. Bear in mind this is for commercial cases involving INTERNATIONAL disputes.

This will make it extremely attractive for international businesses to set up in Singapore: now they can rest assured that their commercial interests will be better protected by law, by allowing with BETTER UNDERSTANDING to adjudicate on complex, international trade cases should there be any conflicts.

Give credit where credit is due: WELL DONE Singapore govt!

Slowly slowly, Singapore becomes more international (global), more awesomely ROCKING!

Anonymous said...

The point is that the International Court is only useful if it is not corrupt, like Singapore.
RB 10:29 am

Wah lau eh RB, u not scared Sue will visit u for saying this? U dare to use the C word as if u got evidence?

Anonymous said...

KNN, you know how to read or not?

Anonymous said...

Are we selling Spore's incorruptibility, clean and just judiciary system or are we selling foreign expertise, foreign talents?

Are we telling the world that Singapore's judges are half past six and we need foreigners to take over their place?