Response Speech by Minister for Culture, Community and Youth and Second Minister for Law Edwin Tong SC at the Committee of Supply Debate 2025

04 MAR 2025

4 Mar 2025 Posted in Parliamentary speeches and responses

(I) INTRODUCTION

1. Mr Chairman, this year, we celebrate SG60 and our nation-building efforts that have allowed Singapore to develop, to prosper and to thrive against the odds.

2. Many factors have contributed to our transformation from Third World to First.

3. And one of them is our commitment to building a strong legal system and advancing the Rule of Law.

4. MinLaw will continue to uphold these fundamentals, to ensure the vibrancy of our economy, as well as to maintain trust and cohesion in our society. I thank the Members for their various suggestions through their cuts.

5. I will address Members’ cuts in this speech, organised into two broad topics:

(a) First, strengthening Singapore’s position as an international legal and IP hub, to support our economic growth.

(b) Second, improving legal processes and increasing access to justice, to maintain trust and cohesion in our community.

6. My colleague, Minister of State Murali Pillai, will speak about optimising the use of State assets, and safeguarding our society from online harms.

(II) STRENGTHENING SINGAPORE’S POSITION AS A LEGAL AND IP HUB

7. Sir, the Prime Minister has spoken about the challenges that Singapore is facing in this turbulent external environment.

8. There are undoubtedly strong headwinds and we have to be cautious. But equally in this environment, there are also opportunities, if we remain attractive to foreign investments and maintain an open, thriving business environment.

9. One reason Singapore has been able to attract foreign investments is the confidence in our legal system.

10. My Ministry is committed to preserving and enhancing this trust in Singapore – through three legal pillars, which I will outline.

A. Strengthening our legal framework to be business-friendly and forward-looking

11. First, continually strengthening our legal framework in which we operate. Our approach is to grow new areas to support emerging industries and evolving business models, as well as to continue to build on our areas of strength.

12. Let me briefly mention three areas:

13. First, in the area of intellectual property (IP) which Mr Keith Chua spoke about. The value of an enterprise is increasingly in IP as well as in intangible assets (IA). But to realise this value, enterprises must be able to monetise both their IA and their IP. Only then will they be willing to invest in further innovation, which further enhances and increases the value of their enterprise.

14. Singapore’s IP regime and innovation environment are recognised internationally. In 2024, Singapore climbed a spot to rank 4th globally in WIPO’s Global Innovation Index and remained top in Asia.

15. Under the Singapore IP Strategy 2030 (SIPS 2030), we are focused on spurring innovation, and helping enterprises, including the smaller enterprises, unlock the value of their IA and their IP.

16. We support enterprises at various stages of their IP journey.

(a) For businesses with overseas expansion plans:

(i) IPOS will launch the IP Management Clinics Singapore programme, in collaboration with WIPO, in March 2025.

(ii) This will provide enterprises with comprehensive IA and IP strategy support, including connecting with experts for a 4-month mentorship.

(b) To Ms Sylvia Lim’s query, for smaller enterprises and freelancers in the creative sectors, IPOS has simple infopacks as well as easy-to-understand videos that explain copyright and share best practices on using and protecting IP. In fact, Ms Lim, I remember that when I introduced the Bill that you spoke about, we had introduced the learner aids, as well as these videos.

(i) In addition, IPOS works with agencies like the NAC and NLB, and industry partners, like Copyright Licensing and Administration Society of Singapore (CLASS) as well as the Visual, Audio, Creative Content Professionals Association (VICPA), to provide additional support.

(1) Just last year in August 2024, IPOS signed a 3-year MOU with VICPA, to support the creative industry in IP education and management, and capacity building.

(2) IPOS is also working on a video podcast with NAC and NLB to engage creatives in the music industry. This will be launched during World IP Day on 26 April later this year.

(3) IPOS also actively supports partner events, such as the International Federation of Reproduction Rights Organisations (IFRRO) World Congress to discuss copyright-related issues and developments, and this happens in October this year.

(ii) In other words, going down to the basic industry at that level, as well as elevating ourselves to world global thought leadership in these areas, are all part of the efforts to enhance awareness and education in this space.

(iii) And we will indeed look out for more opportunities to reach our creators to raise their awareness in this very quickly evolving environment.

(i) IPOS is working with local and international partners, to develop IA valuation guidelines, that are interoperable internationally.

(ii) We will seek public feedback on the draft IA Valuation guidelines in the first half of 2025.

17. MOS Murali will speak about the development of technology and its impact on the IP rights.

18. The second pillar I want to speak about is dispute resolution. From time to time, businesses may run into disputes with others, and it is really part and parcel of doing business. But they have to be resolved in an open, transparent manner, as well as efficiently.

19. Over the years, we have updated our regime, and enhanced our services.

20. In short, we take a business-centric approach :

(a) We align our regime to international standards.

(b) We develop a full suite of options – whether it is in arbitration, mediation and litigation, or a combination of them – so that parties can choose, have the autonomy, depending on the nature of their needs as well as the particular circumstances of the transaction in question.

(c) We also give effect to party autonomy, be it choice of law, choice of forum, institution, modality of resolution or the choice of counsel.

21. Overall, Singapore has done well :

(a) If you take the Singapore International Commercial Court (SICC), it is celebrating its 10th anniversary this year, it has seen a steadily increasing caseload, including fresh filings.

(b) The caseload of the Singapore International Arbitration Centre (SIAC) and the Singapore International Mediation Centre (SIMC), in both the arbitration and the mediation spaces, have also seem a general upward trend. Many of these cases, in fact, have minimal connection to Singapore.

22. To Mr Chua’s query, we will continue to strengthen our institutions.

(a) First: By embracing technology to provide value-added services to users.

(i) SIAC, as far as we know, is the only arbitration centre with ISO 27001 Certification for its Information Security Management system.

(ii) SIMC has a Mediation AI Assistant.

(iii) And Maxwell Chambers offers cutting-edge drone camera and holographic displays which aid in the presentation of evidence, as well as in the course of resolving disputes at hearings.

(b) Second: Also by providing platforms to profile Singapore as a thought leader in this space.

(i) We have many international conferences in Singapore, such as the Singapore Convention Week which started since 2019, in the starting days of the Singapore Convention of Mediation, which we have continued since. We have the Singapore-China International Commercial Dispute Resolution Conference, which takes place once a year, one year in China and one year we host in Singapore. We will host it in Singapore later this year.

(ii) These events, amongst others, not only provide a platform for leading experts to discuss latest developments, but they are also an opportunity for lawyers in Singapore to connect with the global community.

23. Third: In debt restructuring and insolvency.

24. This is an integral part of a well-functioning and well-developed economy. It provides practical and commercial options for companies, as well as smaller businesses and entrepreneurs in financial distress, giving flexibility and realistic options to restructure. Successful restructurings not only allow the debtor to carry on as a going concern, but generally result in better outcomes for employees, creditors and investors.

25. My Ministry has enhanced this framework over the last decade. Let me speak about three parts of this framework:

(a) First, in corporate insolvency:

(i) We have grafted in features from leading, as well as tried-and-tested models, like Chapter 11 of the US Bankruptcy Code, which we brought in about six or seven years ago;

(ii) We have adopted the UNCITRAL Model Law on Cross border Insolvency; and

(iii) We have also clarified the SICC’s jurisdiction, for cases with multi-jurisdiction elements which are particularly a feature of large cross-border restructurings.

(b) We have introduced simplified insolvency:

(i) Providing entities with simpler, faster and cheaper processes.

(ii) Members will know we first introduced this as a temporary measure during COVID-19, and this was made permanent this year, to benefit more companies.

(i) Differentiated discharged framework for bankrupts.

(ii) This is a rehabilitative regime that seeks to encourage financial prudence without at the same time, stifling entrepreneurship.

26. We have arrived at a regime which we believe balances the interests of debtors and creditors, maintaining a healthy lending environment for sustained economic growth, whilst at the same time, supporting debtors across the spectrum: from individual entrepreneurs to larger corporates – both locally as well as foreign.

27. And this has resulted in growing use of Singapore’s framework. For instance, the shipping firm Pacific International Lines and Vietnamese developer No Va Land (a case heard in the SICC).

28. To Mr Zhulkarnain’s and Mr Vikram Nair’s queries, we are not resting on our laurels. We are building on the experiences of these cases, as well as the experience of practitioners. We are carefully looking at the next set of refinements, considering feedback, and we will look at introducing further enhancements.

29. These enhancements that we are thinking about include the following:

(a) First, the Debt Repayment Scheme (DRS) for individuals. MinLaw is looking to, amongst other matters, prevent misuse of the DRS by debtors who are advised by businesses to borrow irresponsibly and then self-petition for bankruptcy.

(b) Second, in the area of corporate rescue tools – in particular, in judicial management. We will also review our current Chapter 11 regime, to assess the need for changes.

(i) In 2023, some two years ago, we convened the Committee to Enhance Singapore's Corporate R&I Regime.

(ii) This Committee has engaged in robust debates, consulted with stakeholders, discussed the recent cases that I mentioned, as well as taken consultations on its proposed recommendations, and it will be able to release a report shortly.

B. Expanding and growing our capabilities

30. Next, I move to the second pillar: Expanding and growing our legal competency as well as our capabilities.

31. Sir, the world is becoming increasingly complex – certainly, legal work is no longer limited by geographical boundaries.

32. As Mr Zhulkarnain said, for our law firms and our legal professionals to compete effectively, they must keep up with emerging trends, and offer unique advantages. And we agree with that.

33. To raise the quality and consistency of training, we implemented several changes in July 2024, pursuant to the Committee for the Professional Training of Lawyers.

(a) The syllabus for the course leading up to Part B of the Bar Examinations was expanded to cover a wider range of topics.

(b) The practice training period was lengthened to one year, to allow trainees more time to gain exposure to contrasting practice areas and develop a strong all-rounded foundation as they start their practice career.

34. To Ms Nadia Samdin’s point, we recognise that small firms may occasionally need support to cope with these changes. And we appreciate very much Ms Samdin’s continued advocacy for young lawyers in this space.

(a) The Singapore Institute of Legal Education and the Law Society have released guides to help trainees and supervising solicitors navigate these changes. As Ms Samdin knows, it has been less than a year since we have commenced on this path. So we will take onboard the experiences of young lawyers and smaller firms in this space. But for the moment, the guidelines cover areas such as honorarium and leave.

(b) The Law Society also publishes available training positions on their website, so that it becomes easier for trainees to find a training position in contrasting practice areas. The Law Society also offers career counselling, mentorship and guidance on practice training contracts.

35. Besides raising professional standards, we are also looking to shift mindsets and raise skillsets in our law firms and in our lawyers.

36. One area in which we seek to do this is in that of technology.

37. In the legal sector, AI can potentially perform tasks at the level of junior associates, but at a fraction of time and cost. For example, a Thomson Reuters report estimated that AI can save professionals up to 12 hours per week by 2029. But instead of seeing this as a threat, let us also see this as an opportunity for lawyers to go up the value chain, to focus on higher-value tasks, looking at front-facing work, client-facing work.

38. Globally, law firms in other jurisdictions, like the US and the UK, leading jurisdictions for example, they are embracing and harnessing legaltech in support of their work. To compete with them, our lawyers must also keep that open mindset and embrace legaltech.

39. In 2022, we made available the Legal Technology Platform (LTP), a matter management and collaboration tool, to law firms that desired a ready product. GenAI was added in 2024 as a feature through Copilot for SG law firms.

40. We also made legaltech accessible to Singapore law practices, by providing subsidies to defray the cost. We understand that sometimes, the startup cost, or the cost of entry into such a product could be very high.

(a) So in 2022 for example, we offered the Productivity Solutions Grant for the Legal Sector (PSG-Legal), which provided 70% support for up to two years.

(b) From 1 April 2025, the support level will be 50% for one year – to align with other sectors.

(c) And to date, there are over 70 successful PSG-Legal applications from Singapore law practices, for over 400 legaltech accounts.

41. We will also be piloting a change management initiative in the second half of this year.

(a) We have heard some feedback from law firms that they require more support to improve their tech processes, whilst at the same time, managing and juggling their existing practices.

(b) We will therefore deploy legaltech consultants to the firms keen to join the pilot, to diagnose their technology needs and recommend the appropriate tools for them, in the context of their practice areas.

42. Another area I wish to speak about is civil law.

43. Singapore is a common law jurisdiction, but many of our top trading partners come from civil law jurisdictions, such as China and Indonesia. These are large markets with immense opportunities.

44. Therefore, to position our lawyers better:

(a) We will be deepening civil law content in law school curriculum.

(b) We will also continue to run the China Ready Programme as well as the Singapore-Shanghai Lawyers Exchange Programme, which help to provide lawyers with a deeper and more embedded understanding of China’s business and legal environment. And if there is demand for similar programmes in other markets and other jurisdictions, we will be happy to consider.

45. Sir, it is important for our lawyers to continue having a lifelong learning culture. Practice is evolving, the areas of practice are quickly moving, and the thought leadership around the study of law, and more importantly, the practice and application of law to the industry is quickly evolving.

(a) To encourage this, we have refreshed the Continuing Professional Development (CPD) system, and we will be increasing the CPD requirements in phases.

(b) Lawyers can use and tap into the SkillsFuture funding for many of the courses.

46. Besides lawyers, allied legal professionals and in-house counsel are also a vital part of our legal sector – Mr Patrick Tay spoke about it a short while ago.

47. The Singapore Academy of Law (SAL) is working with the Law Society, as well as the Singapore Corporate Counsel Association (SCCA) and Temasek Polytechnic on a Skills Framework for Legal Services and a training roadmap. These will be first introduced for lawyers, followed by in-house counsel and then, allied legal professionals over the next few years in phases.

48. Temasek Polytechnic will also be introducing new courses in legal technology and legal project management for allied legal professionals. They got feedback that these are areas that participants and students are keen on, and so they will develop modules along these lines.

C. Keeping ourselves open to the world

49. Sir, moving to the third pillar – keeping ourselves open to the world.

50. As a small city-state, we need to be plugged into the global economy. But to do so, we must enhance our networks, and collaborate with others.

51. This really is a win-win situation for us, if we can manage it. We help partners meet their goals from Singapore, and in doing so, bring work here into the Singapore jurisdiction, which might otherwise not be present in Singapore.

52. Over the years, we have strengthened our legal cooperation with key and emerging markets. To give members some examples, last year, we signed 4 MOUs, two with Saudi Arabia, one with India, one with Kazakhstan, further expanding our global outreach into new markets. I have also made several trips in the course of last year, to develop connections and help our law firms and lawyers build inroads into these markets.

53. As Mr Zhulkarnain noted, we have also increased our efforts to anchor in Singapore multilateral dispute resolution institutions, which administer disputes involving and including sovereign interests. This contributes to the international rule of law, as well as burnishes Singapore’s attractiveness as a premier dispute resolution hub. Let me give Mr Zulkarnain some examples.

54. First, the Permanent Court of Arbitration (PCA), which is an inter-governmental organisation providing arbitration and other dispute resolution services for States, is expanding its presence in Singapore, with our support. Singapore was its first physical office in Asia. Since its establishment in 2018 over the last five years, the Singapore office has until 2023 administered over 135 cases from Singapore.

55. Second, we have also signed an MOU with the International Centre for Settlement of Investment Disputes (ICSID), and are working towards ICSID setting up its first physical office outside its HQ in Washington DC, here in Singapore.

56. We also continue to welcome international law firms and foreign lawyers to anchor their presence here in Singapore.

57. Singapore has gradually liberalised the legal sector since the 1990s, and this has benefitted Singapore and Singaporeans.

58. Over the years, we have introduced various schemes to allow foreign law firms to collaborate with our local ones. And the schemes are attenuated to fit the level of collaboration that the foreign lawyers want with the local counterparts.

59. These schemes have been successful, but we will continue to review them, to refine the framework where necessary, and also how we can rationalise and streamline them, with one aim being to reduce the regulatory burden on the law firms complying with these schemes.

60. The Committee to Review the Regulatory Framework for Law Practices and Collaborations in Singapore, which we set up in 2023, is expected to complete its work soon.

61. I should add that we will not change our posture of being open. We will remain open to foreign firms and lawyers, while remaining committed to preserving the Singapore core in the legal profession.

D. Navigating the Oncoming Headwinds in an Uncertain World

62. Mr Chairman, the sum of our work contributes to the economy by facilitating businesses and attracting investments, allowing Singapore to thrive. Overall, we have been successful in playing this role.

(a) In 2024, Singapore was first in the World Competitiveness Ranking and rated top for business efficiency.

(b) In 2023, Singapore was ranked second by the World Bank for net inflows of Foreign Direct Investment (FDIs), behind only the US.

So by and large, these measures that I have spoken about, they have been successful in uplifting the Singapore business environment.

(III) IMPROVING LEGAL PROCESSES AND INCREASING ACCESS TO JUSTICE TO MAINTAIN TRUST AND COHESION IN OUR COMMUNITY

63. Mr Chairman, in the second part of my speech, I will focus on the domestic context.

64. In recent times, many countries have seen their social fabric under stress and divisions forming, as parts of society feel left out and trust in institutions diminish.

65. In Singapore, we are fortunate that we remain united; but we cannot, for once, take this for granted.

66. Our cohesive social fabric is underpinned by the rule of law and access to justice, and these are core pillars of our society.

67. Therefore, we must continue to reinforce these fundamentals to maintain social trust and cohesion, as well as uplift people’s lives.

A. Maintaining Social Trust and Cohesion

68. Ours laws form the bedrock of society –

(a) How it is ordered;

(b) How it functions; and

69. In our community, when individuals or businesses face friction with each other, they have a range of options to resolve their disputes and differences. This involves going before an impartial adjudicator or working with a trusted mediator. Through this process, parties present their perspectives and find resolution in their conflict.

70. A key part of this process is enforcement, that some members spoke about – that “last mile”, where parties realise their rights, obtain redress and move on.

71. This has been a matter of focus for my Ministry.

(a) When a party receives a judgment, this must be enforced effectively.

(b) Otherwise – it is only really a paper judgment.

72. We have therefore been working to strengthen enforcement in two key areas:

(a) First, in Family justice; and

(b) Second, in Civil enforcement.

73. Let me give members an update on these two areas. Sir, families form the building blocks of our community. When relations break down, we want to help to reduce the acrimony and allow parties to heal and to move on.

74. A key improvement was the creation of the Maintenance Enforcement Process (MEP) – as highlighted by Mr Zhulkarnain. Unfortunately, the reality is that there remains a fairly high incidence of non-compliance with maintenance orders. There is also a significant number of repeat applications for enforcement.

75. Therefore, under the MEP,

(a) Maintenance Enforcement Officers (MEOs) are empowered to obtain information about the parties’ financial circumstances.

(b) and these findings will help the Courts to make more effective maintenance enforcement orders.

76. The MEP was operationalised in January, and a new unit of MEOs in MinLaw have started taking cases. They will progressively expand their operations in phases.

77. To Mr Patrick Tay and Ms Jean See’s queries, MinLaw will also introduce reforms to make the enforcement of civil judgments more effective, simple and streamlined.

78. We received feedback that the time, the effort and the costs, Mr Tay spoke about that, of enforcing judgments can sometimes be disproportionate to the judgment sum.

79. We are looking to address these areas by:

(a) Providing the Court with greater powers to identify the assets and income streams of the judgment debtor.

(b) Introducing new modes of enforcement to deter and punish non-compliance with Court orders.

(c) We will also create new Civil Judgment Enforcement Officers – who will effectively assist litigants who wish to enforce their civil judgments.

80. These reforms will be made available to our civil courts, which includes tribunals such as:

(a) The Employment Claims Tribunal (ECT), which Mr Tay spoke about;

(b) The Community Disputes Resolution Tribunal (CDRT); as well as

81. Sir, as members will know, these proposed changes are novel, they depart from the existing framework for enforcement. We are currently studying them, evaluating them, and consulting with interested parties, including members of the Bar and the Judiciary.

82. More details will be released in due course as we complete this study.

B. Uplifting Lives

83. Sir, we continually work to improve access to justice, particularly for the most vulnerable amongst us. This ensures that they receive help, that no one is left behind.

84. To Mr Vikram Nair’s and Associate Professor Razwana’s queries, MinLaw has had a long history, being at the forefront of providing aid and assistance in the civil and criminal spheres, including through programs, such as the Legal Aid Bureau (LAB), for instance, and more recently, the Public Defender’s Office (PDO).

85. Since 1958, LAB has provided the vulnerable with civil legal aid – including matrimonial, monetary claims as well as in probate matters.

86. Beyond taking on legal cases, LAB has strengthened connections in the community, for example, by organising networking sessions between family lawyers and social service professionals.

87. MinLaw has been supporting the Criminal Legal Aid Scheme (CLAS) as well, which is administered by Pro Bono SG (PBSG), and progressed to directly funding them since 2015.

88. And from December 2022, the PDO was operationalised to facilitate access to justice for more accused persons.

89. Sir, the PDO has grown over the years.

(a) Today, it has a team of 22 public defenders.

(b) In 2024, PDO received almost 1,900 applications. About 1,000 of them were assessed to be eligible.

(c) A part of these eligible applications is then referred to CLAS, and between CLAS and PDO, they serve the section of the community who are most vulnerable.

(d) This partnership itself, exemplifies the pro bono spirit among the legal fraternity, the partnership between government, as well as PBSG, which is really ground up, supported by many lawyers in the private sector.

90. This helps us to ensure that legal aid remains accessible, not just across the criminal spectrum, which CLAS and PDO looks after, but also across the civil sector. Last year, we updated the quantum of the Per Capita Household Income (PCHI) threshold, as well as the Annual Value (AV) for eligibility criteria to ensure that, in the light of increase in household income and property value in recent years, we will continue to serve the target audience and target persons who need assistance. We continually review these thresholds to ensure that they are kept in line.

(IV) UPDATE ON COMMUNITY DISPUTES MANAGEMENT FRAMEWORK

91. Sir, before I conclude, let me quickly touch on community disputes, a topic that Mr Sitoh Yih Pin raised, and which I also spoke on extensively a few months ago when I introduced the bill.

92. To Mr Sitoh’s queries, the enhancements will be implemented shortly. The Community Relations Unit (CRU) pilot – including directed mediation – for severe noise and hoarding cases, will start in Tampines, from the second quarter of this year. Following the pilot, we will then consider how to suitably scale up the process island-wide.

93. On mediation, as touched on by Assoc Prof Razwana, the Community Mediation Centre (CMC) continues to promote the benefits of mediation through channels like social media as well as everyday advertisements, like those that you see at bus-stops for instance, to reach out to those who might need awareness brought to them about these schemes.

94. To manage the anticipated increase in caseload, around 30 Duty Mediators have been identified to manage Directed Mediation cases.

95. CMC has also increased the number of satellite mediation locations from 10 in 2023 to 18 in 2025. This will allow more convenience as well as improve accessibility.

(V) CONCLUSION

96. Sir, let me just say a few words in closing, I have spoken about our approach to growing the economy and maintaining trust and cohesion in society. These are two very important outcomes of the work that we do at MinLaw.

97. Singapore’s success is underpinned by our strong legal system, based on the Rule of Law, and that’s something that is really non-negotiable for us in all the work that we do at MinLaw.

98. On this note, I would like to inform Members that we will be commemorating next year – the 200th anniversary of the establishment of Singapore’s modern legal system via the Second Charter of Justice. It was in 1826, next year will be 200 years. A series of events will take place to commemorate the occasion. More details will be announced in due course, and I hope that Members will come and support these programs and events next year. Thank you, Sir.

Last updated on 04 March 2025