Legal Updates

Legal Updates for October 2019

Finalised Policy for 5G Mobile Network & Services in Singapore
Following the Public Consultation launched by the Info-communications Media Development Authority ("IMDA") on 7 May 2019 on its proposed fifth-generation ("5G") policy and regulatory framework, IMDA released on 17 October 2019 its overall 5G strategy for Singapore and the policy and regulatory framework for 5G network deployment.

This Update summarises the salient points of IMDA's decision regarding its policy and regulatory framework for 5G mobile networks and services in Singapore.

PDPC Issues PDPA-Related Advisory Guidelines: Revised Chapter on "Access and Correction Obligations" and New Chapter on "Cloud Services"
On 9 October 2019, the Personal Data Protection Commission published on its website the revised chapter 15 on "Access and Correction Obligations" of the Advisory Guidelines on Key Concepts in the Personal Data Protection Act ("revised Chapter 15"). It also introduced a new chapter on "Cloud Services" in the Advisory Guidelines on the Personal Data Protection Act for Selected Topics ("Cloud Services chapter").

In this Update, we provide a summary of the revised Chapter 15 and highlight the data protection obligations of organisations that use cloud services to process personal data in the cloud and cloud service providers that process personal data on behalf and for the purposes of organisations, as set out in the new Cloud Services chapter.

Singapore Court Judgment Recognised by Vietnam Court of Appeal
Conducting business in a foreign country or with foreign counterparts often raises a set of unique considerations, such as whether Singapore court judgments may be enforced in the foreign jurisdiction and vice versa. In a significant development, the Vietnam Court of Appeal in Case No. 222/2016/TLST-DS has recognised a decision of the Singapore High Court. The decision marks another step in the progression of the cooperative relationship between the courts of the two countries. In this Update, we take a closer look at the decision and the factors which may be relevant in determining when the court will recognise a foreign judgment.

An Upgrade in Free Trade – China-Singapore Free Trade Agreement Upgrade Protocol Comes into Force
The China-Singapore Free Trade Agreement Upgrade Protocol has come into force on 16 October 2019 (except for the articles relating to Rules of Origin, which will come into force from 1 January 2020) (the "Upgrade Protocol"). The Upgrade Protocol seeks to enhance the trade and investment linkages between China and Singapore. In this Client Update, we look at the key features of the Upgrade Protocol and its potential impact on trade and business between the two countries.

Is Annulment of Bankruptcy Conditional Upon All Debts Being Proven?
A bankruptcy order may be annulled upon the fulfilment of certain requirements, including the situation where the debts and expenses of the bankruptcy have been fully paid or secured. In Standard Chartered Bank, Singapore Branch v Chua Seng Kiat [2019] SGHC 240, the Singapore High Court considered the scope of this {start}provision{end} and whether it applies even where not all debts of the bankruptcy have been proven.

Court of Appeal Decides on Mareva Injunctions in Aid of Foreign Proceedings
In Bi Xiaoqiong (in her personal capacity and as trustee for the Xiao Qiong Bi Trust and the Alisa Wu Irrevocable Trust v China Medical Technologies, Inc (in liquidation) and another [2019] SGCA 50, the Singapore Court of Appeal considered an application for a Mareva injunction in the context of proceedings in Singapore and Hong Kong. Importantly, the Court considered the issue of whether it could grant a Mareva injunction in aid of foreign proceedings, where the plaintiff intends to pursue the foreign proceedings and not the Singapore proceedings. The Respondent was successfully represented by Kelvin Poon, Nigel Pereira, Chew Xiang and Chow Jie Ying of Rajah & Tann Singapore LLP.

Advertising Ban and New Mandatory Labelling Requirements for Drinks with High Sugar Content
The Ministry of Health ("MOH") announced on 10 October 2019 that it plans to introduce mandatory requirements for nutrition labels for less healthy pre-packaged sugar sweetened beverages ("SSBs"), as well as an advertising ban on the unhealthiest SSBs in Singapore. The MOH decided to adopt the said measures following an eight-week public consultation conducted by the MOH and the Health Promotion Board in December 2018 on proposed measures to reduce the sugar intake of Singaporeans from pre-packaged SSBs. In this Update, we will briefly discuss the new measures to be introduced by the MOH. According to the MOH, further details of these measures will be provided in 2020.

Laws Passed to Enhance the Framework for Reciprocal Enforcement of Foreign Judgments
As part of ongoing efforts to enhance the Singapore framework for the reciprocal enforcement of foreign judgments, the Reciprocal Enforcement of Foreign Judgments (Amendment) Act (“REFJA Amendment Act”) and the Reciprocal Enforcement of Commonwealth Judgments (Repeal) Act were passed in Parliament on 2 September 2019. The REFJC Amendment Act has since come into operation on 3 October 2019. The amendments expand the scope of judgments that may be covered by reciprocal arrangements between Singapore and foreign countries, and also consolidate the reciprocal enforcement regime. This {start}Update{end} provides a summary of the key features of the new reciprocal enforcement regime.

Draft CCCS Guidelines on Price Transparency
On 30 September 2019, the Competition and Consumer Commission of Singapore ("CCCS") launched a public consultation on the draft CCCS Guidelines on Price Transparency ("Draft Guidelines"). The Draft Guidelines provide guidance to suppliers on how to display and advertise prices to prevent contravention of the Consumer Protection (Fair Trading) Act (Chapter 52A) ("CPFTA"). In this Update, we will summarise the key issues which arise in connection with certain pricing practices and the steps that suppliers of goods and services should take to avoid infringement of the CPFTA, as set out in the Draft Guidelines.

Welcome to our 3rd issue of Competition Bites, providing you with quarterly updates of key competition law developments across South East Asia! In this issue, we discuss, among others, the Malaysia Competition Commission's final report of its market review on the food sector in Malaysia, the changes to the procedure for appeal against KPPU decisions in Indonesia, the issuance of rules on expedited merger review by the PCC in the Philippines, as well as the introduction of new notifications by the Thailand Trade Competition Commission.

Recognition of Foreign Bankruptcy Orders in the Singapore Court
In Re: Heince Tombak Simanjuntak & 2 Ors [2019] SGHC 216, the Singapore High Court considered the recognition of foreign bankruptcy orders on the basis of common law. While the recognition of foreign insolvency is governed by the UNCITRAL Model Law on Cross-Border Insolvency, as implemented in Singapore, it does not extend to personal bankruptcy orders. The Court here thus set out the test for determining whether to recognise a foreign bankruptcy order and, on the facts, granted full recognition to a set of Indonesian Bankruptcy Orders.

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