Love.Law.Robots. by Ang Hou Fu

Singapore

Should I submit this as a talk to #geekcampsg? I originally reserved this for Tech.Law.Fest, but chickened out when I was not sure there was an opportunity to speak. (On hindsight, my hunch was probably right.)I am thinking about lots of things: is this an interesting topic to share, is it a 5-10 mins or 30-45 mins presentation? While I continue procrastinating on taking the plunge, I thought I would outline the topic here for future reference. Feel free to let me know of your comments!

A lawyer is drawing thick red lines on a document.

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I attended a roundtable organised by the #Singapore Academy of Law titled “Generative AI and the Impact on Law and Society”. Although they weren't able to end the seminar without talking about misinformation, I was glad that the technical detail (both on the engineering and legal level) were more advanced. I even heard the word of a Legal #GPT trained on the datasets of local legal materials.

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Like most people, I hate to be wrong. But if I got things right all the time, I’d be a judge, not a blog writer.

More than a year ago, I highlighted the only case on the Personal Data Protection Act I am aware of that has reached the High Court. It was a “rare sighting” of a private action under the Personal Data Protection Act (PDPA).

In the post, I concluded that the right of private action was “meaningless” because the High Court held that you cannot claim “distress and loss of control”. That was, after all, what most people face when their privacy is breached. Even so, I thought that individuals going after companies for a breach was too much for one person to bear. That case, after all, concerned a rich, disgruntled data subject facing an intransigent data controller.

The case had gone on appeal to the Court of Appeal, which is understandable, given that the PDPA has never been before the highest court of the land, so clearly there are interesting and novel legal questions to be heard.

Furthermore, the Attorney General’s Chambers (AGC) also participated in the appeal. This is noteworthy because it intervened in essentially a private action. However, as mentioned above, the questions are novel, so the drafters of the PDPA should have a say.

The AGC's submissions largely echoed what I accepted in my previous post. This was essentially how we expected to read the legislation. This included accepting the general belief that emotional distress is not claimable under law.

Well, the Court of Appeal has spoken, and I was wrong.

The Court of Appeal held that “distress and loss of control” can be the subject of a right to private action. This was different from the common law, which generally does not regard emotional distress as actionable. (You can’t make a claim against another person for making you feel sad; such is “the vicissitudes of life”.)

What do I read from this? The Court probably abhors meaningless rights. As noted in my previous article, following the lines of the Government and the High Court’s judgement, the private action was not useful to anyone who had their privacy breached.

With the Court of Appeal’s pronouncement, the right to private action has more life in it. However, it’s still probably impracticable to exercise. Not only does a claimant have to bear the costs and stress of litigation, but it also depends on the actions of the respondent. In the instant case, the respondent explicitly (and inexplicably) refused to undertake not to use data without consent. The private action would be wholly unnecessary if everyone acted reasonably.

It was surprising to me that the Government’s position was not accepted by the Court of Appeal. The big picture is that there will always be some uncertainty about how the Court would read a piece of legislation in a dispute. This might make the Government’s recent insistence that only Parliament can decide what is marriage more understandable.

For now, until the Court of Appeal says so, maybe we shouldn’t be too confident when we make predictions on what the law is.

#Law #Singapore #SupremeCourtSingapore #AGC #ConsentObligation #Enforcement #Government #Judgements #Lawyers #Legislation #News #PersonalDataProtectionAct #Undertakings

Author Portrait Love.Law.Robots. – A blog by Ang Hou Fu

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I wrote this “emergency” post to note that after what seemed to be a lifetime of debate, the government has given the most unambiguous indication that section 377A of the Penal Code will be repealed.

Section 377A is a provision inherited from our colonial masters criminalising sex between men, including in private.

Although this is a hot topic and has something to do with law and love, I've stayed away from it on this blog mainly because you can find other places with better write-ups on it. In case anyone wants my opinion on it, I don't know why it's taken so long and become so hard.

e-Archive | SAcLJ | AP Journals Onlinee-First MenuEven the former Chief Justice waded in.

Section 377A is ridiculous because it's straightforward why it should be repealed. Simply stated, we don't put men who have sex with each other in jail. However, the repeal of section 377A has become an apocalyptic symbol of the downfall of society for some.

This brings me to the uneasy compromise: I wouldn't accept having a constitutional amendment to “enshrine” marriage between a man and a woman for the repeal of section 377A. It's like we decided to recognise the dignity of gay couples only to take it away at the same time.

Not just vanilla illegal, but constitutionally illegal. They're going to amend the supreme law of the land—the one that all other laws have to align with—to say that we, Singapore, as a country, do not and will not recognise same-sex couples as a legal family unit. https://t.co/MwTPijlzvO

— Kirsten Han 韩俐颖 (@kixes) August 21, 2022

I am not sure this constitutional amendment makes sense politically. Section 377A is inherited, so we can't blame the government of the day for it. On the other hand, they will own a constitutional provision which apparently can't be challenged in court, so they can't pass off its effects to the courts as they do for the death penalty.

Constitutional amendments are easy now because the government has had a supermajority forever. It's not clear whether this will be the case in the future. If for some reason, we are stuck with something more challenging to change than section 377A, we now risk splintering society even further with no easy way out.

I feel that this “compromise” was meant to end the debate on LGBTQ issues by giving these weird people whatever they were clamouring for in the first place.

Bigger fights are on the way: workplace discrimination is among the most interesting ones for me. Marriage for all sorts of couples? That's another big one that we've never debated (but is now going to be constitutionally enshrined?).

Will Singapore’s new workplace discrimination law be a win for equality?By conflating protectionism with traditional workplace discrimination, we risk creating a watered-down law that fails to address the real discrimination faced by people from from marginalised groups.JomDaryl Yang

So, I honestly think this compromise is a trojan horse, and I would never have accepted it if it was up to me. However, that's my principles, and I think the current situation demands we take what the government of the day has given us.

If you, like me, feel a bit discouraged that this debate has ended this way, I would remind myself of this: There is one difference between the people who would like marriage equality and those who don't. Only one of these groups has real victims who are hurt by the policies we chose as a society. When we recognise them, there is only one answer to these questions.

So, have faith that love conquers all. Good night.

#blog #News #Newsletter #Government #Law #Singapore

Author Portrait Love.Law.Robots. – A blog by Ang Hou Fu

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A recent disciplinary case in Singapore, [Law Society of Singapore v Mohammed Lutfi bin Hussin](https://www.elitigation.sg/gd/s/2022SGHC182) , highlights a common pitfall in legal practice. A lawyer failed to witness the signing of conveyancing documents personally but attested to doing so. Few people may pay attention to a routine conveyancing transaction. Still, this time, the transaction was tainted by fraud: a mortgagor had submitted false documents to a mortgagee to obtain a higher loan. The lawyer’s license was suspended for three years for claiming to have witnessed the signing when he didn’t.

There’s an uncharacteristic lack of remorse on the lawyer’s part compared to other disciplinary cases. Here’s how he described his practice, which seems rather ordinary at first glance:

This was a routine purchase of the Property by [a buyer] financed by a loan taken from a bank. The transaction could be carried out without my seeing [the Buyer]. My staff are fully capable of dealing with routine transactions such as [the Buyer’s] purchase of the Property. If anything out of the ordinary crops up, they will inform me and I will then see [the Buyer] and sort out whatever problem has arisen. There were no issues at all relating to [the Buyer’s] purchase and for that reason, I did not have to see him.

In contrast, here’s what the Court of 3 Judges (in charge of lawyer discipline) thought of that:

[The lawyer] had put in place a “system” pursuant to which he entrusted his non-legally trained staff to carry out conveyancing transactions, including witnessing the execution of conveyancing documents, so that he did not have to meet his own clients, unless he deemed it necessary. Under this “system”, he presupposed that everything was in order until and unless his staff flagged any issues. In relation to [the Buyer’s] conveyancing transaction, nothing out of the ordinary was brought to his attention. He therefore assumed that all was in order and never met [the Buyer], notwithstanding the fact that the latter had engaged him as his conveyancing solicitor.

It’s important to note that witnessing someone sign a document isn’t likely to have stopped the fraudulent transaction. The nub of the issue was that the lawyer had claimed to do something he did not. The Court recognized that some might call this “technical dishonesty”.

But what’s the point of witnessing someone sign a document? The main idea is that it prevents fraud. Anyone can put anyone’s signature anywhere. The lawyer ensures the signor’s identity, understands the document, and there are no signs of duress or misunderstanding.

Who wants to do an E-Will?COVID-19 offers an opportunity to relook at one of the oldest instruments in law — wills. Is it enough to make them an electronic transaction?Love.Law.Robots.HoufuA similar problem persists in the area of wills and testaments.

Post-pandemic, though, alternatives are apparent but with questionable legality. If a lawyer witnesses a signing through Zoom, does it count? If e-Signature can be used, what value does being in person add? Banks don’t use lawyers to prevent fraud all the time too. Document submission, such as income and particulars, can now be received directly through the relevant government agency and authenticated fairly securely by the applicant. The wonders of SingPass!

The question is, would the lawyer have escaped sanction if there was actually a “system” in place? The Court describes this as a “non-system” because the lawyer had abdicated his responsibilities to non-legally trained staff. But what if the lawyer had implemented a system to train his staff on when to escalate, use checklists, verify the work, and carry out audits? Would that be enough? Or is the point that no matter what, the lawyer must be physically present?

We aren’t going to find out because everyone understands that witnessing a signing has to be personal. Furthermore, this is a strict requirement promulgated by legislation, so it’s non-negotiable.

These issues are essential because conveyancing is a prime example of volume work in the legal profession. If a lawyer has to be physically present at every stage of the transaction, this would slow down the process and make it expensive. The practice would be harder to justify in the face of more efficient and cost-effective solutions. More people would believe its objective is to maintain a monopoly for lawyers. Even lawyers may be hard-pressed to find efficient ways to do business and inadvertently find themselves on the wrong side of the law.

For now, legal innovators trying to automate manual processes or implement a “system” would have to be careful if they involved any attestation. It’s the law; you can’t change it, and breaking it would get you in hot soup, no matter how dissatisfied you would be.

The Importance of Being AuthorisedA recent case shows that practising law as an unauthorised person can have serious effects. What does this hold for other people who may be interested in alternative legal services?Love.Law.Robots.HoufuAn earlier post explored another common pitfall.

#Law #Lawyers #E-signature #Employee #LawSociety #Singapore #SupremeCourtSingapore #tech

Author Portrait Love.Law.Robots. – A blog by Ang Hou Fu

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It’s going to be a busy week! I’ll be attending the conferences below:

Here are the sessions that I am looking forward to:

SCCE Singapore Regional 2022

Of all the conferences, this is probably the one with the most practical topics I can apply to my work. So, although maintaining those Continuing Education Units for my certification is a serious challenge (40 points in 2 years?! Video conference at 1am?! 🤮), membership is still very useful to me.

Compared to last year’s regional, I think this one has far more breadth and indeed some depth into hot topics like ESG and Digital Data Management. Hot favourites like compliance training and supply chain management make an appearance too.

I am particularly curious about the finale: “Are robots running the compliance program?” Automation in compliance is that small victory that I think cash- and human resource-strapped compliance departments should look into. From the handout, the “automation” is Microsoft Power Automate, which while simple to understand and used in many corporate environments, is not as widely applicable compared to something like Zapier. Let’s see what new ideas I will get!

Automate Boring Stuff: Get Python and your Web Browser to download your judgementsThis post is part of a series on my Data Science journey with PDPC Decisions. Check it out for more posts on visualisations, natural languge processing, data extraction and processing! Update 13 June 2020: “At least until the PDPC breaks its website.” How prescient… about three months after I wroteLove.Law.Robots.HoufuIt's always important to automate the boring stuff.

IAPP Asia Privacy Forum

They took a long time to flesh this out — back when I bought the early bird ticket in early June, half of the programme was labelled to be confirmed. I’m glad they managed to flesh this out. It’d be my first IAPP Conference even though I have been a member and am CIPP/A-certified since 2019.

I am a pretty practical person, so I am going to list things that have meaning to me.

  • Building Privacy Technology Into Your Privacy Programme ” — Privacy by Design is one of those revolutionary concepts introduced by the GDPR that you probably don’t hear enough about. Privacy engineering has always been very fascinating to me too.
  • Towards Innovative and Global Solutions for Trans-Border Flow ” — The biggest challenges in Singapore isn’t really complying with the PDPA here but dealing with the implications of having an open economy. In my context, a regional HQ is a hub for data flows so having an interesting way to handle them will be useful.
  • Implementing Privacy in Yet-to-Mature Geographies ” — Related to the previous point, we are in a region where jurisdictions have not had much experience in privacy. Thailand recently made its GDPR-like law effective. Indonesia is still toying with the idea. India’s comprehensive data protection law appears to be trapped in legislative purgatory. Coping strategies will be very appreciated.

Alongside IAPP Asia Privacy Forum, the Singapore PDPC also organise the Singapore version of a conference. Topics seem quite interesting, but given my decreasing focus on data privacy in recent years, I am going to give it a pass.

TechLaw.Fest

It’s my third TechLaw.Fest and my first in person!

Actually. I don't know whether this is an in-person event. Something about the metaverse.

I count myself as a sceptic of the metaverse and was actually profoundly upset that the programme focuses almost entirely on this topic. Compared to last year where there was an even spread, this year looks like an advertorial to convince you that there is something special.

Three Things: TechLawFest 2021I debrief on the TechLawFest in Singapore which ended recently with three key takeaways.Love.Law.Robots.HoufuCompared to last year...

Anyway, I am still sorting out my registration because, frankly, the organisation of this event is messy this year.

I will be hiding out in the Tech Talks section this year. I don’t want to hear a big talk about a fad which no one will care about in a year or two. The metaverse is like cryptocurrency and NFTs; somebody is pouring lots of money into it but nobody honestly has high hopes about it.

Live by the Code… Die by the Code?The excitement about Cryptocurrency and NFTs has turned to panic and loss. Will something different take its place?Love.Law.Robots.HoufuIn an earlier post, I wondered whether the fallout from cryptocurrency will bring forth something good.

Some of the things I wish they covered:

  • The fallout about Crypto Currency and NFTs: This is an awesome topic for litigators and restructuring professionals with all the news going around of bank runs, fraud and corporate dissolutions. To be fair, I have a suspicion that this is going to be covered in “ ** What Happens in the Metaverse Doesn’t Stay in the Metaverse: How Laws Apply Such That In-world Crime Could Mean Real-world Punishment** ” on the Main Stage on 22 July 2022.
  • AI Regulation — I believe there are some major advances in the field (in Europe, I think?) and this is a topic that is getting closer to law and regulation once the technology is more mainstream. The IMDA also released its own AI Governance Testing framework and toolkit in May, so I am surprised nobody wants to talk about it here.
  • I wouldn’t complain about learning more about legal operations. To be fair, “ ** The Virtual Lawyer: How Digitalisation is Changing the Business of Law** ” on the Main Stage on 21 July 2022 seems related. I am going to be rather peeved if it’s about how I can appear as an avatar to my colleagues… as if using Microsoft Teams wasn’t lame enough.

The past two years have forced a reckoning that the brick-and-mortar law office may not be as essential to lawyering as was assumed by many for a long time. In this session, we hear from a range of legal professionals wrestling with digitalisation and the business of law. #tlf22 pic.twitter.com/ShnH1DRCup

— TechLaw.Fest (@TechLawFest) July 13, 2022

Conclusion

There's going to be lots to do, and I am going to practice live tweeting this year so that I would get better at it. Last year, I tried to write a roundup but it was really tiresome, so please follow me on Twitter!

#blog #Compliance #Cryptocurrency #Ethics #Law #News #NFT #PersonalDataProtectionAct #Privacy #Singapore #TechLawFest #TechnologyLaw #IAPP #SCCE #DataProtectionOfficer

Author Portrait Love.Law.Robots. – A blog by Ang Hou Fu

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This is one of the most interesting legacies of the Parti Liyani case: a Public Defenders Office. I don’t know how a Public Defender would have changed this story though — the accused’s counsel worked pro bono and by all accounts, performed admirably for his client.

A very, very expensive ordealA domestic worker’s attempt to get compensation from the prosecution for a wrongful conviction shows how difficult it really is.Love.Law.Robots.HoufuParti Liyani's case has become prosaic in highlighting the accused's difficulties in Singpaore. In a post last year, I wished for more legal aid.

Whatever it is, it’s finally here. As generations of criminal law students are taught, Singapore follows a crime control model. We trust the police and prosecutors to get the case right.

A public defender’s office constituted under the Ministry of Law would provide another outlet for the accused to get legal representation and definitely improve the accused’s rights here. Does this mean ( gasp ) that we are moving to a rights-based society?

The emphasis here is [another outlet](https://www.todayonline.com/singapore/how-new-public-defenders-office-differ-lawsoc-criminal-legal-aid-scheme-1866531?cid=internalinarticlelinksweb07072022tdy). There is already the CLAS scheme run by the Law Society in Singapore (and also LASCO, but the parallels are not as strong). They also serve similar functions — giving needy accused the ability to get legal representation for criminal offences. The overlap is so apparent, that some lawyers believe it may cause confusion.

Personally, I feel that there is a lot to scratch under the surface.

First, many criminal law practitioners don't start out as lawyers. They started as police officers or deputy public prosecutors. It's part of the basis of SUSS. In this area of law, knowing the internal workings of the police is great value for your clients.

Essentially, choosing to work in this area of law straight out of law school is uncommon. That makes sense: the money is modest if your client is of modest means. The pro bono spirit is not enough to feed a young family.

Criminal, family law need more practitioners to meet demand: IndraneeThe criminal and family law practice areas are seeing a “hollowing out”, and more practitioners will be needed to meet the sustained demand, said Senior Minister of State for Law Indranee Rajah.TODAYNg Jing Yng

Second, for younger folk, working for the government may be less risky than a small law firm. You can write that in your CV.

Of course, the implementation of a great idea is worth more than the idea itself. In an ideal world, there would be transfers between public defenders and deputy public prosecutors. The accused can choose to be represented by a public defender even if such assistance came from the government.

In a less ideal and plausibly realistic situation, a public defender is a dumping ground for lawyers waiting for the next assignment. Stark differences between prosecution and defence underline the government’s policy that this was always about legal aid, not the accused’s rights.

So which way would this turn out? It depends on whether we had a change of heart. Top management asserts that the prosecution acts in the public's interest (which includes treating the accused in an even-handed manner). A public defender's office is an opportunity to reinforce a change in perspective. Time will tell when actions speak louder than words.

#Law #Singapore #AccesstoJustice #AGC #Lawyers #News

Author Portrait Love.Law.Robots. – A blog by Ang Hou Fu

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I don’t have numbers to back this up, but as an occasional browser of the Supreme Court’s judgements web page, I started to notice that the Supreme Court has been dealing with more and more cases involving challenges to the death penalty. Have there been more drug traffickers in Singapore? Is the crime situation in Singapore becoming worse?

Statistics take on the death penalty... and tumbleA case last year shows the challenges faced in using statistics to prove a case in court.Love.Law.Robots.HoufuEarlier this year I wrote about another application regarding the death penalty which faced insurmountable odds.

To hear it from the authorities, this is a signal that prisoners on the death row, sometimes aided by lawyers, have been abusing the process. The words “drip feeding” have entered into our lexicon, referring to the tactic of death row prisoners filing one application after another to challenge their convictions and sentences. Many applications inevitably fail.

Increasingly, lawyers acting on such cases have also been ordered by the court to bear costs personally: for example, Nagaenthran a/l K Dharmalingam v AG. Lawyers are pretty averse to such orders, which may explain why getting representation is difficult.

Other litigants have also jumped on the bandwagon. In Mohammad Farid bin Batra v AG, a prisoner faces judicial caning, which is not applicable if you’re over 50. To recount the procedural history of this case is a great parade of pointless applications, leading the Judge in the case to remark in the first paragraph that the case is an attempt to game the system to avoid caning until you are 50. Leave refused.

The tools that the courts have at their disposal don’t seem sufficient to deal with such abuse of process. “Legislative changes being considered to curb abuses of court processes”. It isn’t clear what kind of amendments are being considered.

Photo by Coline Haslé / Unsplash

So what is happening here? The cynic would claim that they can see through all this. For death row prisoners, the point isn’t to succeed. The delay resulting from the application would keep them alive for a few more days. Furthermore, the public attention to the death penalty could be a small contribution to repealing it by putting a human face to the people being ordered to death by the state for the public.

Once the cynical view becomes prevalent, it’s tempting to see every application from a death row prisoner as an abuse of process.

Viewing the world through such a lens, though can be very dangerous. In AG v Datchinamurthy a/l Kataiah, a prisoner on death row applies for a stay of execution (literally). It’s cast as an application to delay his execution, or an abuse of process. Here’s a slight kink this time. The prisoner is a member of a group of other prisoners, including those on the death row, who has sued the Attorney General for receiving their confidential letters while they were imprisoned.

Compared to the drug trafficking charges that put him on death row, reading the prisoner’s correspondence is a nothing burger. Sure, that could be a breach of privacy, but there’s no proof it affected the prisoner’s conviction or sentence. How can something so inconsequential stop the death penalty?

Fortunately, the Court of Appeal granted the stay of execution.

... Judges of Appeal, Andrew Phang and Judith Prakash, as well as Justice Belinda Ang were presiding.When I sat down, the hearing had already started. What follows is my best attempt at a transcription of what happened at the hearing, based on the notes that I took contemporaneously.

Phang JA : Let me tell you what my position is. I might be wrong, and you are of course free to disagree with me, but let me tell you what my position is. I am not a prophet. I don't know if the respondent will be needed for OS 188. None of us can tell, if his involvement will be necessary. That's the best we can do.

Prakash JA : If the respondent is executed, wouldn't it cast a spanner in OS 188? Even if the Estate can continue to act for him, but how will he get a legal representative appointed in less than a month? And there are 12 other plaintiffs, but there is 1 plaintiff absent, so does it continue? What then? There will be procedural issues, apart from what Justice Phang has said.

Phang JA : Some of these things are personal to him, and the Estate won't be able to do. He has to explain the letters. His lawyers may want to cross-examine, he may be cross-examined. Take a common sense view of the matter. If we don't know what will happen, then logically, we should wait and see right, because, if he is executed, then we will never know. I will be plain – somehow, that doesn't sound right. If we don't know, can you as a representative of the State, and as a representative of the State, you must have regard also to the accused's rights. This is his life, it is not a longer term of jail. Just pause and think. If you are prepared to concede that you will lose the appeal if he is needed for OS 188, but cannot tell us if he is needed, how can you then assert, he is not needed? These are the ultimate stakes.

Source: https://www.facebook.com/670016494/posts/10160707199331495/

Putting such a prisoner to death now, not least by the Attorney General, looks bad. Punishment for going against the Attorney General? A desire to stymie ongoing proceedings? A fight for the principle that the death sentence must be carried out immediately? Or an honest bureaucratic decision? Nothing would be lost by delaying execution for another day.

The silver lining in the bleak world of the death penalty here is that there is a court willing to call out against the Prosecution when the situation is appropriate. Oh, and call out the defence if they make a stupid application.

Ultimately, such applications are essential as our last bulwark to combating a miscarriage of justice, which is especially important for prisoners on death row. Such applications should be heard even if they are eventually dismissed. They are the costs of our administration of justice and the costs of handing out the death penalty.

#Singapore #SupremeCourtSingapore #Law #Government

Author Portrait Love.Law.Robots. – A blog by Ang Hou Fu

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Bar admission applications in Singapore are mainly administrative and symbolic affairs. If you missed the big one in July/August, you would gather in a chamber and have your admission acknowledged by a High Court judge. That would be the last time they would ever see a court robe for some.

In a rare show of drama, six applicants had to wait for their admission to the bar. Five of them cheated on the bar exam in 2020 by sharing their answers on WhatsApp. One colluded with another but fought the charges. All of them had, anyway, retaken their exams and passed. At the Attorney General’s proposal, their admission to the bar should be delayed by six months or a year so that they can “reflect on their error”. Choo J agreed.

[2022] SGHC 87Choo Han Teck J:You can read the full facts and reasons of the case in the judgement of this case here.

Update: Originally Choo J decided to anonymise and seal the case, so that the identities will not be revealed. Choo J reversed his decision on 27/4. “strong sentiments may sometimes interfere with the proper understanding of the idea of second chances.”

Choo J’s concluding remarks, in his characteristic brevity, are worth reproducing:

Measuring justice is never an easy task. Judges are ever mindful not to set standards that they themselves cannot achieve. They are loathe to shut the door on a wrongdoer with no prospects of redemption. But they also have a duty to prevent a repeat of the wrong, and to do so without breaking young backs in the process.

Some might claim that their treatment is too lenient. Don’t we expect lawyers to represent the highest standards of honesty and integrity? Wouldn’t cheating in an exam for bar admission strike at the heart of all that?

However, if the bar exam is supposed to show one’s readiness to become a lawyer, I start to feel conflicted. Do we expect lawyers to collaborate or show off their mettle doggedly? The approach would likely result in a better product for the court or the client is obvious.

If you start walking down that path, how we conduct bar exams becomes questionable. How much of civil procedure we learnt then is relevant today? Does everyone need to know about family law when only a minor subset of us will specialise in it? Do we need to test people who recently graduated from law school all the things they learnt from law school again (or find something they might have missed)?

I remember very little about what I studied or was tested on in my bar exam. Indeed, this shows how the bar exam has such little bearing on my activities in the law today.

I hope this incident is an awkward reminder of how relevant the bar exam is today. Interestingly, other jurisdictions are relooking the bar exam radically, though they have not taken that step. I like how this Above the Law article summarised the nub of this issue.

The bar exam has been a rite of passage barrier to entry for lawyers in America since the late 1800s. After more than 130 years of forcing would-be lawyers to go through months of intense study of laws they’ll never need to know in actual practice, the bar exam will finally be changing — four years from now.

Ideally, the new test will focus on seven skills areas, including client counselling and advising, client relationships and management; legal research; legal writing; and negotiation. It hasn't been implemented, and it's easy to be cynical about this.

Cheating should not be allowed on a test to assess your capability. But unwittingly these applicants might have drawn attention to something worth considering: what is the place of the bar exam, and is it instrumental in transitioning a student to practice? The absurd result is that those who wish to be admitted to the bar might have to learn to cheat on the bar exam to prepare them for the real world.

#Singapore #Law #Lawyers #Training #Ethics #SupremeCourtSingapore #Judgements #Updated

Author Portrait Love.Law.Robots. – A blog by Ang Hou Fu

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Introduction

In January 2022, the 2020 Revised Edition of over 500 Acts of Parliament (the primary legislation in Singapore) was released. It’s a herculean effort to update so many laws in one go. A significant part of that effort is to “ensure Singapore’s laws are understandable and accessible to the public” and came out of an initiative named Plain Laws Understandable by Singaporeans (or Plus).

Keeping Singapore laws accessible to all – AGC, together with the Law Revision Committee, has completed a universal revision of Singapore’s Acts of Parliament! pic.twitter.com/76TnrNCMUq

— Attorney-General's Chambers Singapore (@agcsingapore) December 21, 2021

After reviewing the list of changes they made, such as replacing “notwithstanding” with “despite”, I frankly felt underwhelmed by the changes. An earlier draft of this article was titled “PLUS is LAME”. The revolution is not forthcoming.

I was bemused by my strong reaction to a harmless effort with noble intentions. It led me to wonder how to evaluate a claim, such as whether and how much changing a bunch of words would lead to a more readable statute. Did PLUS achieve its goals of creating plain laws that Singaporeans understand?

In this article, you will be introduced to well-known readability statistics such as Flesch Reading Ease and apply them to laws in Singapore. If you like to code, you will also be treated to some Streamlit, Altair-viz and Python Kung Fu, and all the code involved can be found in my Github Repository.

GitHub – houfu/plus-explorer: A streamlit app to explore changes made by PLUSA streamlit app to explore changes made by PLUS. Contribute to houfu/plus-explorer development by creating an account on GitHub.GitHubhoufuThe code used in this project is accessible in this public repository.

How would we evaluate the readability of legislation?

Photo by Jamie Street / Unsplash

When we say a piece of legislation is “readable”, we are saying that a certain class of people will be able to understand it when they read it. It also means that a person encountering the text will be able to read it with little pain. Thus, “Plain Laws Understandable by Singaporeans” suggests that most Singaporeans, not just lawyers, should be able to understand our laws.

In this light, I am not aware of any tool in Singapore or elsewhere which evaluates or computes how “understandable” or readable laws are. Most people, especially in the common law world, seem to believe in their gut that laws are hard and out of reach for most people except for lawyers.

In the meantime, we would have to rely on readability formulas such as Flesch Reading Ease to evaluate the text. These formulas rely on semantic and syntactic features to calculate a score or index, which shows how readable a text is. Like Gunning FOG and Chall Dale, some of these formulas map their scores to US Grade levels. Very approximately, these translate to years of formal education. A US Grade 10 student would, for example, be equivalent to a Secondary four student in Singapore.

After months of mulling about, I decided to write a pair of blog posts about readability: one that's more facts oriented: (https://t.co/xbgoDFKXXt) and one that's more personal observations (https://t.co/U4ENJO5pMs)

— brycew (@wowitisbryce) February 21, 2022

I found these articles to be a good summary and valuable evaluation of how readability scores work.

These formulas were created a long time ago and for different fields. For example, Flesch Reading Ease was developed under contract to the US Navy in 1975 for educational purposes. In particular, using a readability statistic like FRE, you can tell whether a book is suitable for your kid.

I first considered using these formulas when writing interview questions for docassemble. Sometimes, some feedback can help me avoid writing rubbish when working for too long in the playground. An interview question is entirely different from a piece of legislation, but hopefully, the scores will still act as a good proxy for readability.

Selecting the Sample

Browsing vinyl music at a fairPhoto by Artificial Photography / Unsplash

To evaluate the claim, two pieces of information regarding any particular section of legislation are needed – the section before the 2020 Edition and the section in the 2020 Edition. This would allow me to compare them and compute differences in scores when various formulas are applied.

I reckon it’s possible to scrape the entire website of statues online, create a list of sections, select a random sample and then delve into their legislative history to pick out the sections I need to compare. However, since there is no API to access statutes in Singapore, it would be a humongous and risky task to parse HTML programmatically and hope it is created consistently throughout the website.

Mining PDFs to obtain better text from DecisionsAfter several attempts at wrangling with PDFs, I managed to extract more text information from complicated documents using PDFMiner.Love.Law.Robots.HoufuIn one of my favourite programming posts, I extracted information from PDFs, even though the PDPC used at least three different formats to publish their decisions. Isn’t Microsoft Word fantastic?

I decided on an alternative method which I shall now present with more majesty:

The author visited the subject website and surveyed various acts of Parliament. When a particular act is chosen by the author through his natural curiosity, he evaluates the list of sections presented for novelty, variety and fortuity. Upon recognising his desired section, the author collects the 2020 Edition of the section and compares it with the last version immediately preceding the 2020 Edition. All this is performed using a series of mouse clicks, track wheel scrolling, control-Cs and control-Vs, as well as visual evaluation and checking on a computer screen by the author. When the author grew tired, he called it a day.

I collected over 150 sections as a sample and calculated and compared the readability scores and some linguistic features for them. I organised them using a pandas data frame and saved them to a CSV file so you can download them yourself if you want to play with them too.

Datacsv Gzipped file containing the source data of 152 sections, their content in the 2020 Rev Edn etc data.csv.gz 76 KB download-circle

Exploring the Data with Streamlit

You can explore the data associated with each section yourself using my PLUS Explorer! If you don’t know which section to start with, you can always click the Random button a few times to survey the different changes made and how they affect the readability scores.

Screenshot of PLUS Section Explorer: https://share.streamlit.io/houfu/plus-explorer/main/explorer.py

You can use my graph explorer to get a macro view of the data. For the readability scores, you will find two graphs:

  1. A graph that shows the distribution of the value changes amongst the sample
  2. A graph that shows an ordered list of the readability scores (from most readable to least readable) and the change in score (if any) that the section underwent in the 2020 Edition.

You can even click on a data point to go directly to its page on the section explorer.

Screenshot of PLUS graph explorer: https://share.streamlit.io/houfu/plus-explorer/main/graphs.py

This project allowed me to revisit Streamlit, and I am proud to report that it’s still easy and fun to use. I still like it more than Jupyter Notebooks. I tried using ipywidgets to create the form to input data for this project, but I found it downright ugly and not user-friendly. If my organisation forced me to use Jupyter, I might reconsider it, but I wouldn’t be using it for myself.

Streamlit — works out of the box and is pretty too. Here are some features that were new to me since I last used Streamlit probably a year ago:

Pretty Metric Display

Metric display from Streamlit

My dear friends, this is why Streamlit is awesome. You might not be able to create a complicated web app or a game using Streamlit. However, Steamlit’s creators know what is essential or useful for a data scientist and provide it with a simple function.

The code to make the wall of stats (including their changes) is pretty straightforward:

st.subheader('Readability Statistics') # Create three columns flesch, fog, ari = st.columns(3)

# Create each column flesch.metric(“Flesch Reading Ease”, dataset[“currentfleschreadingease”][sectionexplorerselect], dataset[“currentfleschreadingease”][sectionexplorer_select] - dataset[“previousfleschreadingease”][sectionexplorerselect])

# For Fog and ARI, the lower the better, so delta colour is inverse

fog.metric(“Fog Scale”, dataset[“currentgunningfog”][sectionexplorerselect], dataset[“currentgunningfog”][sectionexplorerselect] - dataset[“previousgunningfog”][sectionexplorerselect], delta_color=“inverse”)

ari.metric(“Automated Readability Index”, dataset[“currentari”][sectionexplorerselect], dataset[“currentari”][sectionexplorer_select] - dataset[“previousari”][sectionexplorerselect], delta_color=“inverse”)

Don’t lawyers deserve their own tools?

Now Accepting Arguments

Streamlit apps are very interactive (I came close to creating a board game using Streamlit). Streamlit used to suffer from a significant limitation — except for the consumption of external data, you can’t interact with it from outside the app.

It’s at an experimental state now, but you can access arguments in its address just like an HTML encoded form. Streamlit has also made this simple, so you don’t have to bother too much about encoding your HTML correctly.

I used it to communicate between the graphs and the section explorer. Each section has its address, and the section explorer gets the name of the act from the arguments to direct the visitor to the right section.

# Get and parse HTTP request queryparams = st.experimentalgetqueryparams()

# If the keyword is in the address, use it! if “section” in queryparams: sectionexplorerselect = queryparams.get(“section”)[0] else: sectionexplorerselect = 'Civil Law Act 1909 Section 6'

You can also set the address within the Streamlit app to reduce the complexity of your app.

# Once this callback is triggered, update the address def onselect(): st.experimentalsetqueryparams(section=st.session_state.selectbox)

# Select box to choose section as an alternative. # Note that the key keyword is used to specify # the information or supplies stored in that base. st.selectbox(“Select a Section to explore”, dataset.index, onchange=onselect, key='selectbox')

So all you need is a properly formed address for the page, and you can link it using a URL on any webpage. Sweet!

Key Takeaways

Changes? Not so much.

From the list of changes, most of the revisions amount to swapping words for others. For word count, most sections experienced a slight increase or decrease of up to 5 words, and a significant number of sections had no change at all. The word count heatmap lays this out visually.

Unsurprisingly, this produced little to no effect on the readability of the section as computed by the formulas. For Flesch Reading Ease, a vast majority fell within a band of ten points of change, which is roughly a grade or a year of formal education. This is shown in the graph showing the distribution of changes. Many sections are centred around no change in the score, and most are bound within the band as delimited by the red horizontal rulers.

This was similar across all the readability formulas used in this survey (Automated Readability Index, Gunning FOG and Dale Chall).

On the face of it, the 2020 Revision Edition of the laws had little to no effect on the readability of the legislation, as calculated by the readability formulas.

Laws remain out of reach to most people

I was also interested in the raw readability score of each section. This would show how readable a section is.

Since the readability formulas we are considering use years of formal schooling as a gauge, we can use the same measure to locate our target audience. If we use secondary school education as the minimum level of education (In 2020, this would cover over 75% of the resident population) or US Grade 10 for simplicity, we can see which sections fall in or out of this threshold.

Most if not all of the sections in my survey are out of reach for a US Grade 10 student or a person who attained secondary school education. This, I guess, proves the gut feeling of most lawyers that our laws are not readable to the general public in Singapore, and PLUS doesn’t change this.

Take readability scores with a pinch of salt

Suppose you are going to use the Automated Readability Index. In that case, you will need nearly 120 years of formal education to understand an interpretation section of the Point-to-Point Passenger Transport Industry Act.

Section 3 of the Point-to-Point Passenger Transport Industry Act makes for ridiculous reading.

We are probably stretching the limits of a tool made for processing prose in the late 60s. It turns out that many formulas try to average the number of words per sentence — it is based on the not so absurd notion that long sentences are hard to read. Unfortunately, many sections are made up of several words in 1 interminable sentence. This skews the scores significantly and makes the mapping to particular audiences unreliable.

The fact that some scores don’t make sense when applied in the context of legislation doesn’t invalidate its point that legislation is hard to read. Whatever historical reasons legislation have for being expressed the way they are, it harms people who have to use them.

In my opinion, the scores are useful to tell whether a person with a secondary school education can understand a piece. This was after all, what the score was made for. However, I am more doubtful whether we can derive any meaning from a score of, for example, ARI 120 compared to a score of ARI 40.

Improving readability scores can be easy. Should it?

Singaporean students know that there is no point in studying hard; you have to study smart.

Having realised that the number of words per sentence features heavily in readability formulas, the easiest thing to do to improve a score is to break long sentences up into several sentences.

True enough, breaking up one long sentence into two seems to affect the score profoundly: see Section 32 of the Defence Science and Technology Agency Act 2000. The detailed mark changes section shows that when the final part of subsection three is broken off into subsection 4, the scores improved by nearly 1 grade.

It’s curious why more sections were not broken up this way in the 2020 Revised Edition.

However, breaking long sentences into several short ones doesn’t always improve reading. It’s important to note that such scores focus on linguistic features, not content or meaning. So in trying to game the score, you might be losing sight of what you are writing for in the first place.

Here’s another reason why readability scores should not be the ultimate goal. One of PLUS’s revisions is to remove gendered nouns — chairperson instead of chairman, his or her instead of his only. Trying to replace “his” with “his or her” harms readability by generally increasing the length of the sentence. See, for example, section 32 of the Weights and Measures Act 1975.

You can agree or disagree whether legislation should reflect our values such as a society that doesn't discriminate between genders. (It's interesting to note that in 2013, frequent legislation users were not enthusiastic about this change.) I wouldn't suggest though that readability scores should be prioritised over such goals.

Here’s another point which shouldn’t be missed. Readability scores focus on linguistic features. They don’t consider things like the layout or even graphs or pictures.

A striking example of this is the interpretation section found in legislation. They aren’t perfect, but most legislation users are okay with them. You would use the various indents to find the term you need.

Example of an interpretation section and the use of indents to assist reading.

However, they are ignored because white space, including indents, are not visible to the formula. It appears to the computer like one long sentence, and readability is computed accordingly, read: terrible. This was the provision that required 120 years of formal education to read.

I am not satisfied that readability should be ignored in this context, though. Interpretation sections, despite the creative layout, remain very difficult to read. That’s because it is still text-heavy, and even when read alone, the definition is still a very long sentence.

A design that relies more on graphics and diagrams would probably use fewer words than this. Even though the scores might be meaningless in this context, they would still show up as an improvement.

Conclusion

PLUS might have a noble aim of making laws understandable to Singaporeans, but the survey of the clauses here shows that its effect is minimal. It would be great if drafters refer to readability scores in the future to get a good sense of whether the changes they are making will impact the text. Even if such scores have limitations, they still present a sound and objective proxy of the readability of the text.

I felt that the changes were too conservative this time. An opportunity to look back and revise old legislation will not return for a while (the last time such a project was undertaken was in 1985 ). Given the scarcity of opportunity, I am not convinced that we should (a) try to preserve historical nuances which very few people can appreciate, or (b) avoid superficial changes in meaning given the advances in statutory interpretation in the last few decades in Singapore.

Beyond using readability scores that focus heavily on text, it would be helpful to consider more legal design — I sincerely believe pictures and diagrams will help Singaporeans understand laws more than endlessly tweaking words and sentence structures.

This study also reveals that it might be helpful to have a readability score for legal documents. You will have to create a study group comprising people with varying education levels, test them on various texts or legislation, then create a machine model that predicts what level of difficulty a piece of legislation might be. A tool like that could probably use machine models that observe several linguistic features: see this, for example.

Finally, while this represents a lost opportunity for making laws more understandable to Singaporeans, the 2020 Revised Edition includes changes that improve the quality of life for frequent legislation users. This includes changing all the acts of parliaments to have a year rather than the historic and quaint chapter numbers and removing information that is no longer relevant today, such as provisions relating to the commencement of the legislation. As a frequent legislation user, I did look forward to these changes.

It’s just that I wouldn’t be showing them off to my mother any time soon.

#Features #DataScience #Law #Benchmarking #Government #LegalTech #NaturalLanguageProcessing #Python #Programming #Streamlit #JupyterNotebook #Visualisation #Legislation #AGC #Readability #AccesstoJustice #Singapore

Author Portrait Love.Law.Robots. – A blog by Ang Hou Fu