[tgs]

The Case of the Sleeping Judge
It has been reported in the National, a newspaper in the United Arab Emirates, that a judge (originally from Singapore, a place that some have called “the Little Red Dot” and others a police state) was caught sleeping while hearing a case before him.
Nakheel, the developer behind the Palm Jumeirah (a premier resort in the form of an artificial archipelago off the coast of Dubai), had on 11th July demanded a retrial in a US$15.5 million case in the Dubai World Tribunal on the ground that one of the judges, a certain Michael Hwang hailing from Singapore was falling asleep during proceedings.
The incident took place on 9th May at a hearing into a dispute between Nakheel and an investor in the project. Clifford Chance, one of the world’s leading law firms with 34 offices in 24 countries and some 3,200 lawyers, requested a video of the proceedings 11 days later and made an application for a retrial 25 days after the incident. Chief Justice Michael Hwang was accused of nodding off for six minutes and drowsy for about 40 minutes before finally succumbing to the inevitable.
The barrister for Nakheel, David Thomas QC argued that anything short of a retrial would damage public confidence in the judicial system of Dubai and would be unfair to all parties involved.
The Chief Justice of the Dubai International Financial Centre Courts and chairman of the Dubai World Tribunal, Sir Anthony Evans, conceded that there had been a “breach of duty” and that Michael Hwang “gave the impression of being inattentive”. However, the application was dismissed on the grounds that evidence produced during the six-minute period when the judge was “inattentive” or in slumberland was not relevant to the case.
So who is this Michael Hwang and how is it relevant to Singapore?
Well, he was a Judicial Commissioner (“JC”) of the Supreme Court of Singapore for a fixed term from 1991 to 1992. It is claimed that a JC is the equivalent of a High Court judge. However, in all truly FIRST WORLD countries, a High Court judge or equivalent has what is called “security of tenure” i.e. once duly appointed, he cannot be removed unless there are good grounds such as dereliction of duty. If you want to continue to be appointed as a JC after your initial term of 2 years, would you be making those kinds of judicial decisions which you know would not find favour with the Executive branch which decides whether or not your appointment is going to be renewed?
Michael Hwang was called to the Singapore Bar in 1968, joined Allen & Gledhill and became a partner in 1972 and retired from that firm at the end of 2002 after serving as Head of its Litigation and Arbitration Department for 10 years. These are facts which can be found from his personal website at http://www.mhwang.com/intro1.htm
In the context of what has been happening in Singapore’s own Courts lately, most ordinary citizens would instinctively know that this piece of news about a judge hailing from Singapore falling asleep while hearing a case in Dubai is relevant. Recent happenings in our backyard shining an unwelcome spotlight on our own judicial system include:
- A plastic surgeon fined a mere $1,000 for asking an old and vulnerable employee to take the rap for a speeding offence not once but twice

- Counsel for the applicant in a case of potentially great constitutional significance (i.e. whether the Prime Minister has absolute discretion as to whether or not to call a by-election) has been subject to a form of character assassination in a bid to prevent him from continuing to act in this and other pending cases

- The Attorney General’s Chambers invoking an archaic law known as the offence of “scandalising the courts” to cause a blogger to issue an apology and remove an offending article which has accused the courts here of being biased, to which we may add that the blogger was merely expressing a perception which is widely held
It is also relevant in that there has been disquiet over public figures holding too many directorships and other “honorary” posts that they don’t really have the time to do anything well hence such debacles and fiascos like the MRT breakdowns, government agencies pointing fingers at each other, etc. Some are even speculating that this may be the reason why less than a quarter of Parliamentarians were present for a session of the House at which important bills were to be passed causing the passage of these legislation to be delayed due to the lack of a quorum.
Well, our dear Michael says on his own website that besides his appointment in the Dubai Courts, he is currently a director of YTL Pacific Management Reit Ltd, the manager of Starhill Global REIT (a listed Real Estate Investment Trust in Singapore) AND:
1) Chairman of the Singapore Dance Theatre Limited (a non-profit public company)
2) Chairman of the Appeals Committee of the Singapore Stock Exchange
3) Board member of the Board of Legal Education (a statutory agency)
4) Fellow of the Singapore Institute of Directors
5) Member of the Supervisory Committee of the Asian Bond Fund (ABF) Singapore Bond Index Fund
6) Member of the Ethics Committee of the Public Accountants Oversight Committee
Since the Law Society has been in the news lately for all the wrong reasons, it is worth pointing out that Michael Hwang was President of the Law Society in 2007.
Perhaps, the man should shed some of his numerous public posts and focus on just one or two. Sleeping on the job, physically or metaphorically, does not endear you to the enlightened masses, be it in Singapore or Dubai or Timbuktu, especially if the job involves the discharge of an important public function such as the administration of justice.
Rumpole of the Bailey
* Rumpole is the main character in a British TV series about an ageing London barrister who defends any and all clients (see http://en.wikipedia.org/wiki/Rumpole_of_the_Bailey for more info). The author, who is an NUS law grad living and working abroad, chose this moniker to encourage an interest in legal issues because it does not just affect lawyers and their clients. The everyday layman needs to be informed of his rights and obligations and in the context of the “Little Red Dot” to avoid being talked down to or misled by their highly paid Ministers, including those that don’t have any portfolio, or civil servants with bad attitude and poor knowledge of the laws which they are supposed to be enforcing.

[Beerinkol]

The lawyers who is making a rackus now is stupid. If the judge falls asleep, just bang your books on the table. It is really good fun to see the judged startle coming out of his sleep.

[Ifroham4]

Rumpole

If you are not getting posts it just means that you are on the right track and there is no comeback or we are completely lost. I would sugget the former. Please keep posting.

[Slonopotam845]

Your honor, you are out of order!

[MannoFr]

Rumpole

I am enjoying your thread! Pls keep on.

Somebody make it a sticky.

[S.T.D.]

It's ok to say the judge was sleeping, but it's not ok to say he is biased, unless by sleeping, he became biased.

Also, you cant say he was sleeping becos he was biased.

[doctorzlo]

This is no ordinary judge. It is well-known in the legal fraternity that MH was a chiongster. Not sure if he still holds that title.

[tgs]

wealthy family.

This is no ordinary judge. It is well-known in the legal fraternity that MH was a chiongster. Not sure if he still holds that title.

[softy54534]

Since when Michael Hwang become "Chief Justice"?

[Paul Bunyan]

Since when Michael Hwang become "Chief Justice"?

CJ for Dubai IFC. Not SG.

[MannoFr]

If this occurred in SG, the Straits Times will not report. In the event that it slips through their "control mechanism" and gets reported anyway, the reporter will be fired and his boss, the editor, will be reprimanded with "if this happens again, the next time you kill some pedestrians while driving and talking on the phone you will have to go to jail for more than one day OK!". Everything quiet for a few years and then you pick up the Straits Times to find that judge MH has been awarded the Sang Nila Utama Medal for having great sacrifices in the service of the Republic of ......

[Fegasderty]

a great site,many useful information!

[LottiFurmann]

Maybe the judge for the SPH editor's case, Justice Choo Han Teck, was also "meditating" when he sentenced her to one day's jail and a $10,000 for causing death by dangerous driving. Proof that he was "inattentive" - the defense lawyer and prosecutors have to get hold of him that same afternoon to tell him that the section of the Road Traffic Act under which the editor was charged only allowed him to impose jail time and NOT a fine. Shouldn't the bloody judge have read the section first before he passed sentence?

[Raj_Copi_Jin]

Maybe the judge for the SPH editor's case, Justice Choo Han Teck, was also "meditating" when he sentenced her to one day's jail and a $10,000 for causing death by dangerous driving. Proof that he was "inattentive" - the defense lawyer and prosecutors have to get hold of him that same afternoon to tell him that the section of the Road Traffic Act under which the editor was charged only allowed him to impose jail time and NOT a fine. Shouldn't the bloody judge have read the section first before he passed sentence?

Cannot blame that learned judge. Sentencing her to a day's jail was to placard the necitizens but what was in his mind was the $$$$ never mind what the law so stated. That is why the Justices here now need new statutory law to effectively contempt you should you argue further.

[Paul Bunyan]

These are facts which can be found from his personal website at http://www.mhwang.com/intro1.htm
In the context of what has been happening in Singapore’s own Courts lately
Warning - Do not click the link - it is full of virus.


Summary
•Computer Threats:6•Identity Threats:•Annoyance factors: Total threats on this site:6
Threat Report
Threats found: 6
Here is a complete list: (for more information about a specific threat, click on the Threat Name below)
Threat Name: HTTP Fake AV Redirect RequestLocation: http://roy-disney.mhwang.com/

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Threat Name: Malicious Site: Malicious Domain Request 2 Location: http://hy-brasil.mhwang.com/

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Threat Name: Malicious Site: Malicious Domain Request 2 Location: http://rat-on-subway.mhwang.com/

[Big A]

Your honor, you are out of order!

.....................and I don't have my HONOUR anymore...........

[Raj_Copi_Jin]

this handsome bugger?



He is currently Chief Justice of the Dubai International Financial Centre Courts as well as Singapore’s Non-Resident Ambassador to Switzerland.

[Lt_Apple]

What a fucking idiot, the author is. Michael Hwang was one of the judges who only consented to a short term appointment as judicial commissioner as he was No. 1 in Allen & Gledhill.

Well, he was a Judicial Commissioner (“JC”) of the Supreme Court of Singapore for a fixed term from 1991 to 1992. It is claimed that a JC is the equivalent of a High Court judge. However, in all truly FIRST WORLD countries, a High Court judge or equivalent has what is called “security of tenure” i.e. once duly appointed, he cannot be removed unless there are good grounds such as dereliction of duty. If you want to continue to be appointed as a JC after your initial term of 2 years, would you be making those kinds of judicial decisions which you know would not find favour with the Executive branch which decides whether or not your appointment is going to be renewed?

[S.T.D.]

What a fucking idiot, the author is. Michael Hwang was one of the judges who only consented to a short term appointment as judicial commissioner as he was No. 1 in Allen & Gledhill.

Wow, Cass888, why the need for profanity. And to return you the compliment, you are a FUCKING BLOODY NINCOMPOOP.

No one gives a damn whether MH was no. 1 or 99 in AG before he took up the appointment of JC. That he was earning several times more at AG before taking up the post, or as you put it "only consented to" as if he looked down upon it, is not of concern to the public.

What is of concern is that judges are independent and one of the main ways that this is achieved in countries with the Westminster model is through "security of tenure", which JCs clearly do not have.

As for Ministers, we want holders of high judicial office to put public service before pay and not the other way round. If taking a pay cut is going to be so painful, then please get lost and continue to do whatever you were doing in the private sector. SGD 234,800 annual pensionable salary is more than enough for any family to live on.

So, Cass888, next time, get the gist of the article before you go throwing profanities. The gist is "Sleeping on the job, physically or metaphorically, does not endear you to the enlightened masses, ...... especially if the job involves the discharge of an important public function ....." Zap" me if you wish, I'm not here for praise and rep points don't mean a thing to me.

Cheers.