> ju8 zz q · 2019. 11. 20. · the handover of the presidency, and urging ala to fully embrace its...

28
JULY 2018 - NOVEMBER 2019 ASEAN LAW ASSOCIATION

Upload: others

Post on 07-Feb-2021

0 views

Category:

Documents


0 download

TRANSCRIPT

  • NEWSLETTERJULY 2018 - NOVEMBER 2019

    ASEAN LAW ASSOCIATION

  • SPOTLIGHTThe 13th ALA General Assembly (“the General Assembly”) and The ASEAN LawConference 2018 (“the Conference”) were held at Raffles City Convention Centre,Singapore, from 25 to 28 July 2018, to resounding success. More than 450participants from 20 different countries were in attendance. All 10 ASEANcountries were also represented at the General Assembly and Conference.Apart from the Heads of the Delegation of the ALA National Committees, theGeneral Assembly and Conference were also graced by several notable figures,including ASEAN Deputy Secretary-General Dr AKP Mochtan, representing theASEAN Secretary-General, as well as Executive Secretary Salvador Medialdea ofthe Philippines. At the Opening Ceremony, Chief Justice Sundaresh Menon delivered awelcome address in his capacity as the Chairman of ALA Singapore. CJ Menonspoke of the improbability of ALA, being an association of lawyers from nationsof widely differing socio-economic backgrounds and legal traditions, and theimportant roles played by ALA’s pioneers.

    The 13th ALA General Assembly and The ASEAN Law Conference 2018

    2

  • He also spoke of law as the guardian of thepromise of economic integration, and howlawyers can help the process of greaterintegration within ASEAN. This was followedby the address of ALA President Atty. AvelinoV. Cruz, who recounted the founding of ALAin 1979 and concluded with a call to actionfor ALA to step up and fast-track ASEANintegration. ASEAN Deputy Secretary-General Dr AKP Mochtan then followed withan encouraging progress update on theimplementation of the blueprint of theASEAN Community 2025, and noted theremarkable achievements of ALA in the areaof legal cooperation amongst ASEANMember States. Finally, Singapore’s Minister for Finance MrHeng Sweet Keat delivered the KeynoteAddress, speaking on the importance ofremaining committed to the economicintegration of ASEAN so as to ensure theregion’s continued relevance andcompetitiveness in a changing globaleconomy. Minister Heng also spoke abouthow the legal fraternity can help unlockregional opportunities by drawing valuablelessons from the experience of othercommunities, as well as by embracing legaltechnology and engaging the private sector.

    The theme of the Conference was “The Power of ONE: Unlocking Opportunities in ASEAN ThroughLaw”, consonant with the very raison d’etre of ALA to promote greater cooperation andconvergence in the ASEAN region through the instrumentality of law. A total of 63 speakers fromthe ASEAN region and beyond, including judges, law practitioners and academics, took part in 10panels (6 plenary sessions and 4 parallel sessions), including one which took the format of a mocktrial. The first plenary session was entitled "A New Phase (and Face) of Law: Opportunities andChallenges in the ASEAN Economic Community",  and panellists were Justice Chao Hick Tin,Professor J H H Weiler, Professor Fan Jian, Professor Hikmahanto Juwana, Mr Luca Castellani andMr Minn Naing Oo. Professor Weiler challenged the audience to rethink the role of ASEAN law indomestic courts, and proposed that individuals should have recourse to domestic courts whereerrors have been made because of the ignorance of an ASEAN obligation. Mr Minn Naing Oosupported this proposal, whereas Professor Hikmahanto voiced concerns over the role thatdomestic courts can play where ASEAN law has not been incorporated into domestic law.

    The Conference

    3

  • The second plenary session concerned "Law asan Instrument to Facilitate the Success of theASEAN Economic Community", and featuredpanellists Justice Kannan Ramesh, MrStephen J Brogan, Professor Ignacio Tirado,Ms Natasha Nababan and Mr Patrick Ang.Panellists shared their views on the role thatcourts can play to facilitate convergence inASEAN, emphasising the role of soft law andinstitutions such as the Asian Business LawInstitute which has led various convergenceprojects on cross-bolder insolvency.

    The third plenary session on "DisruptiveTechnologies on Business Landscapes inASEAN: Opportunities and Challenges"featured panellists Mr Sriram Raghavan of IBM,Mr Yeong Zee Kin of PDPC, Mr SupawatSrirungruang, Mr Lam Chee Kin of DBS and MrJJ Disini. Mr Sriram Raghavan raised anddiscussed three foundational technologiespoised to become cornerstones of disruption –artificial intelligence, blockchain and theInternet of Things. Panellists shared their viewson the ways in which such technologies createand solve problems, and the challenges thatthey pose for regulators in the arena. Other panels at the Conference included "Fair,Effective and Efficient Dispute Resolution toFacilitate the Success of the ASEAN EconomicCommunity"; "Power of One: ASEAN EconomicCommunity Financial Integration; CompetitionLaw in the ASEAN Economic Community";"Rule of Law – Role in Attracting Trade andInvestments in ASEAN"; "Cross-BorderObstacles in ASEAN and Solutions", all of whichsaw lively debates by the learned panellists andwere well-received by a captive audience.TheConference concluded with a panel on "Stock-taking and the Way Ahead", in which ProfessorYeo Tiong Min SC provided a summary ofprevious proceedings and invited panellists tocomment on issues raised in other panels ofthe Conference.

  • At the General Assembly, CJ Menon wasunanimously elected as the new ALAPresident, taking over from Atty. Avelino V.Cruz of the Philippines. Mr Paul Quan fromSingapore was also elected as ALASecretary-General. Atty. Cruz concluded the General Assemblyas outgoing ALA President by welcomingthe handover of the presidency, and urgingALA to fully embrace its new capacities andto move towards engaging more partnersbeyond ASEAN. CJ Menon then gave a shortaddress as the new ALA President, andhighlighted the uniqueness of ALA as beingan organisation rooted in the friendshipsand personal relationships of its members.  CJ Menon subsequently delivered hismanifesto speech at the Gala Dinner,outlining his vision for ALA in the comingthree years. CJ  set out three particular areasof focus, namely strengthening links withinALA, fostering greater cooperation betweenALA and other stakeholders in the legalindustry, as well as strengthening ALA’s linkswith other ASEAN institutions The GalaDinner was held with its characteristic zest,with performances by the different ASEANdelegations ranging from vibrant danceitems to rousing choruses of national tunes.

    The General Assembly and the Gala Dinner

    5

  • The 40th ALA Governing Council Meeting washeld on 28 July 2018, at the Raffles CityConvention Centre, Singapore. The Meeting,which was held concurrently with The ASEANLaw Conference 2018, was attended byrepresentatives of 9 ALA National Committees.The Meeting was chaired by Hon. Atty. AvelinoV. Cruz. The Meeting unanimously agreed toposthumously elevate the late ALA FoundingPresident Hon. Senator Edgardo J. Anagara tothe ALA Hall of Fame in recognition of hiscontributions. This was followed by a specialtribute to Retired Chief Justice Kifrawi ofBrunei Darussalam by Chief Justice SundareshMenon of Singapore. ALA Secretary-Generalgave a report on ALA activities in the last threeyears, followed by a report by Atty. Andre C.Palacios on the ALA Cambodia SpecialMeeting on the ASEAN Law Institute.Singapore also raised for discussion a conceptnote on a virtual marketplace for internshipand training opportunities within ASEAN. TheMeeting concluded with Thailand’sagreement to host the 41st Governing CouncilMeeting in November 2019.

    40th ALA Governing Council Meeting

    The 15th ALA Championship Golf Tournamentwas held on 25 July 2018 at Sentosa Golf Club(Serapong Course), Singapore, with a strongshowing of close to 120 golfers from sevenASEAN countries. Unfortunately, due toinclement weather, the golf game had to beabandoned after six holes were played. In spiteof this, the enthusiastic golfers used thetournament as an opportunity to reconnectwith old friends, and to make arrangements toreturn in full force at the 16th ALAChampionship Golf Tournament.

    15th ALA Championship Golf Tournament

    6

  • On 20 February 2019, CJ Menon called on Solicitor-General Zuraini binti Haji Sharbawi and ALA Bruneiat the Attorney-General's Chambers of BruneiDarussalam. Also present at the call were AssistantSolicitors-General Datin Hjh Hasnah Binti HjIbrahim, Hashimah Binti Hj Moh Taib, and SuhanaBinti Haji Sudin.

    2BRUNEI

    THE ALA PRESIDENT'S CALLS

    3INDONESIAMALAYSIA 4On 10 December 2018, CJ Menon called on ChiefJustice Tan Sri Datuk Seri Panglima RichardMalanjum, Chairman of ALA Malaysia, and metwith members of ALA Malaysia. CJ RichardMalanjum was succeeded by Chief Justice Tan SriTengku Maimun binti Tuan Mat, with whom CJMenon met on 12 September 2019 to update HerLadyship on the current work of the ALA.

    CJ Menon called on Chief Justice Hatta Ali,Chairman of ALA Indonesia and met withmembers of ALA Indonesia at the SupremeCourt of Indonesia on 12 March 2019.

    SPECIAL FEATURE:

    Chief Justice Sundaresh Menon called on ASEANSecretary-General H.E. Dato Lim Jock Hoi on 12March 2019 in Jakarta, Indonesia. Areas in whichALA may support and assist the ASEAN Secretariat(ASEC) were discussed. To establish a commonunderstanding of ASEC's needs and the mattersdiscussed, ALA agreed to submit four conceptnotes, namely on ALA's role in:

    1ASEAN

    7

    monitoring compliance of ASEAN instrumentspromoting awareness of ASEAN legal instrumentsand their implementationpromoting legal convergence in the area ofenforcement of judgments and arbitration awardsestablishing a panel of experts which ASEC canconsult in specific legal areas

  • 6CJ Menon called on Dr. Nguyen VanQuyen, Chairman of ALA Vietnamand met with members of ALAVietnam on 26 September 2019 atthe Vietnam Lawyers Association.

    VIETNAM

    During the calls, CJ Menon shared key aspects of the manifesto of his presidency. Theseinclude strengthening and building institutions, such as the ASEAN Law Institute,establishing greater linkages within ASEAN and other ASEAN agencies, and encouragingrenewal efforts within the various National Committees.

    CJ Menon called on retired Chief JusticeArtemio V. Panganiban, Chairman ofALA Philippines on 12 April 2019 inManila. CJ Menon also met with JusticeAntonio T. Carpio, Justice Andres B.Reyes Jr., Mr Avelino Cruz, Mr Alfredo C.Lim and Mr Danilo L. Conception fromALA Philippines. 

    5PHILIPPINES

    8

  • ASEAN Law Institute Launched

    9

    Timely creation The creation of AsnLI is timely due to the intensified efforts by the ASEAN countries to expediteand deepen the process of ASEAN integration. The ASEAN countries seek to integrate theireconomies into a single market and production base that will be the fourth largest in the worldby the next decade. ASEAN integration necessarily requires changes to the national laws of theASEAN countries as well as to the ASEAN regional legal system, including the adoption of newASEAN agreements. AsnLI will help ALA perform its special mandate under the ASEAN Charteras the ASEAN-accredited civil society organisation for law-related matters. ALA is the ASEANSecretariat’s civil society advisor for law and its partner for strengthening legal cooperation andlegal infrastructures among ASEAN countries.  ALA created AsnLI in Singapore on 28 July 2018,almost four decades after ALA was founded. The establishment of AsnLI  was approved inprinciple by ALA in Manila on 25 October 2017 and was discussed in detail in Siem Reap on 8June 2018. By creating AsnLI, ALA has again affirmed its commitment to the ASEAN motto of“One Vision, One Identity, One Community.”

    The ASEAN Law Institute ("AsnLI") and its website were launched on 13 April 2019 at the NewWorld Hotel in Metro Manila, Philippines, with ALA President Chief Justice Sundaresh Menonlaunching the website and swearing in the first set of AsnLI officers.  The AsnLI Chairman is Atty.Avelino V. Cruz, former ALA President and now Philippine Special Envoy to the EU. Chairman ofALA Singapore Justice Lee Seiu Kin is AsnLI's Vice Chairman. The members of the GoverningBoard of AsnLI present were Atty. Suon Visal (Cambodia), Dr. Normin Pakpahan (Indonesia),Justice Dato Mary Lim Thiam Suan (Malaysia), Ms. Thi Thi Myint (Myanmar) and Atty. PatriciaAnn Prodigalidad (Philippines). Also present was Justice Wichai Euaungkanakul (Thailand).Assistant Professor Andre Palacios is AsnLI's Executive Director. Chairman of ALA Philippines and former Philippine Chief Justice Artemio Panganiban welcomed the participants to theevent. Thereafter, then Philippine Chief Justice Lucas Bersamin gave his opening remarks. Theguest of honour was Philippine Executive Secretary Salvador Medialdea who is a member ofALA Philippines. The event was attended by ALA Secretary General Paul Quan, delegations fromthe ALA National Committees, and members of the diplomatic corps.

  • AsnLI’s activities Under its By-Laws, AsnLI  will undertake four types of activities. First, AsnLI will conductASEAN law research to create and disseminate knowledge of ASEAN regional law, ASEANnational laws, and ASEAN comparative law. For this purpose, AsnLI will create a panel ofASEAN law experts to conduct legal research promoting ASEAN integration and legalharmonisation.  Second, AsnLI will build the capacity of ASEAN lawyers and cooperationamong them. ASEAN lawyers need to have the necessary capacity to meaningfully engagein ASEAN integration as they play an important role in the process as decision-makers andadvisors.  Third, AsnLI will develop awareness, consensus, and support among ASEANstakeholders for ASEAN legal harmonisation. To  expedite  the process of ASEANintegration, it is important that the different branches of government of an ASEAN countryas well as the various stakeholders in its private sector, including the business groups,know and support the legal changes that will result from ASEAN integration.    Fourth,AsnLI  will help monitor the national implementation of ASEAN legal instruments. Theseinstruments are intended to produce a positive impact on the lives of the ASEAN citizens,yet the instruments face various challenges in their implementation. AsnLI can undertakelegal research and consult with stakeholders to assist the ASEAN Secretariat and ASEANcountries in monitoring and improving their efforts to implement the ASEAN regionalagreements at the national level. An ASEAN country’s efforts will necessarily includeamending its national laws to harmonise these with its international obligations under theASEAN agreements.  The AsnLI website can be accessed at https://aseanlaw.institute.

    AsnLI’s purposes AsnLI will support ALA in promoting the harmonisation of ASEAN national laws. Theharmonisation of the national laws of the various ASEAN countries is important as it willexpedite the creation of a single market and production base. Also the harmonisation ofan ASEAN country’s national laws with its international obligations under the ASEANagreements will promote the Rule of Law.  AsnLI will also support ALA in developingASEAN regional laws and ASEAN mechanisms for dispute avoidance and resolution. AsnLIwill assist ALA in engaging with the ASEAN Secretariat and other organs and incollaborating with ASEAN stakeholders from the legal, business, and public sectors.

    10

  • BruneiDarussalam's newALA ChairmanAppointment of the Honourable Attorney General ofBrunei Darussalam , Yang Berhormat Dato Paduka AwangHaji Hairol Arni bin Haji Abdul Majid as the Chairman ofALA Brunei Darussalam

    The Honourable Attorney General of Brunei Darussalam, Yang Berhormat Dato PadukaAwang Haji Hairol Arni bin Haji Abdul Majid has been appointed as the new Chairmanof the ALA National Committee of Brunei Darussalam.  He succeeds Dato Seri Paduka Haji Kilfrawi Dato Paduka Haji Kifli, the former Chairmanof ALA Brunei Darussalam, who retired from civil service on 30 June 2018. Dato Paduka Haji Hairol Arni bin Haji Abdul Majid began his career as a Counsel at theAttorney General's Chambers in 1988 before being appointed as Magistrate of theSupreme Court in 1994, and has since risen through the ranks as Chief Magistrate in1999, Chief Registrar of the Supreme Court in 2002 and eventually elevated to the HighCourt bench in 2008.  He was appointed the Attorney General of Brunei Darussalam on9 August 2018. 

    N E W S F R O M B R U N E I

    11

  • The Honourable Solicitor General, DayangZuraini Binti Haji Sharbawi, received a courtesycall from ALA President Chief JusticeSundaresh Menon at the Law Building inBandar Seri Begawan on 20 February 2019.During the courtesy call, the HonourableSolicitor General and CJ Menon exchangedviews on various issues of common interest. CJMenon took the opportunity to touch basewith ALA Brunei on his proposed plans duringhis three-year term as ALA President. Some ofthese plans include improving connectivitybetween ALA and other ASEAN bodies, mainlythe ASEAN Secretariat, as a strong legalresource.

    CJ Menon shared his plans for promotingawareness on ALA's work and programmesamongst ASEAN legal professionals and theyouth such as law students and graduates,including the establishment of a reliable andonline portal for disseminating informationon possible legal training and internshipsoffered by international law firms andChambers. The Honourable Solicitor Generalwelcomed CJ Menon's proposals, andexpressed interest in using ALA as aplatform to curate quality legal training forlocal legal professionals. She also provided abrief background on current developmentsin Brunei's legal profession. The call serves asan affirmed renewal of close cooperationthrough the ALA platform.  Also present during the courtesy call weresenior officers of the Attorney General'sChambers.

    CH I E F J U S T I C E SUNDARESH MENON 'S COURTESY CA L L ON

    A T TORNEY GENERA L 'S CHAMBERS , BRUNE I DARUSSA LAM

    12

  • N E W S F R O M C A M B O D I A

    ALA Special Meeting “ALA Institute for Harmonization of Law”, Siem Reap, Cambodia (7 – 9 June 2018)As the youngest ALA national committee to be established, ALA Cambodia was honoured tobe the host country and the co-host for a special meeting of ALA, “ALA Institute forHarmonization of Laws” which was held on 8 June 2018 at Shinta Mani Hotel, Siem Reap,Cambodia. Delegates from 7 ASEAN countries attended this historic meeting (Indonesia,Malaysia, Myanmar, Philippines, Singapore, Thailand and Cambodia).

    The 13th ASEAN Law Association General Assembly

    The ASEAN Law Conference 2018: The Power of One,

    Singapore (25 – 28 July 2018) Permanent Vice-President of ALA Cambodia, Atty.Prom Vichethakara, attended the 13th ASEAN LawAssociation General Assembly and The ASEANLaw Conference 2018 on 26 July 2018 inSingapore.

    13

  • The 31st LAWASIA Conference: New Era for

    South East Asia, Siem Reap, Cambodia

    (2 – 5 November 2018) From 2 to 5 November 2018, ALACambodia collaborated with the BarAssociation of the Kingdom of Cambodiato co-host the 31stLAWASIA Conference,“New Era for South East Asia” which washeld in Siem Reap, Cambodia.

    The Joint Seminar on “Laying the

    Foundation for Future Cooperation in

    Promoting Accountability and Transparency

    in ASEAN”, Jakarta, Indonesia

    (26 February 2019) On 26 February 2019, ALA CambodiaPermanent Vice-President, Atty.Prom Vichethakara attended thefirst ASEAN, ASEANSAI, and AIPAJoint Seminar on “Laying theFoundation for Future Cooperationin Promoting Accountability andTransparency in ASEAN” which washeld at Sheraton Grand JakartaGandaria City Hotel in Jakarta,Indonesia.

    Launch of ASEAN Law Institute, Manila,

    Philippines (13 April 2019) On 13 April 2019, President of ALACambodia, Atty. Suon Visal, as amember of the Governing Board ofASEAN Law Institute, attended theLaunch of ASEAN Law Institute inManila, Philippines.

    14

  • Forum Group Discussion on Best Practices of Implementating e-Courts and e-Court systems in ASEANOn 7 September 2018, ALA Indonesia, in collaboration with the Supreme Court of Indonesia, held aForum Group Discussion (“FDG”) to facilitate sharing on the best practices of implementing e-courts and e-court systems in ASEAN Member States. This timing of this event was opportune, notlong after the Supreme Court’s successful launch of e-courts in August 2018.  The FDG was held at Movenpick Resort, Bali with four participating Member States and about 30participants in attendance comprising of judges, senior officials from the Indonesian SupremeCourt, lawyers and academics. The FDG was chaired by Justice Takdir Rahmadi of Indonesia and representatives from theMember States presented on the use of e-courts in their respective countries. The FDG was wellreceived amongst participants and provided an ideal platform for Member States to informallyexchange ideas on the effective implementation of e-court systems. This remains an evolving area.As the legal profession moves towards increasing digitisation, it is likely that such avenues ofdiscussion will stimulate new proposals and encourage Member States to learn from andchallenge one another.

    N E W S F R O M I N D O N E S I A

    16th ALA Championship Golf TournamentThe FDG was followed by the 16th ALA Championship GolfTournament, held at the New Kuta Golf, Bali, Indonesia on8 September 2018 with four participating Member States.Indonesia had the largest contingent of over 100 golfers.The Philippines was represented by 3 golfers, Malaysia by7 and Singapore by 2.  The participants showed off theirimpressive skills in the spirit of friendly competition, andafter facing-off tough opponents, Malaysia emergedvictorious, clinching the Tun Dzaiddin Challenge Trophy.Malaysia will seek to defend its position at the next ALAChampionship, scheduled to be held in Phuket inNovember 2019.

    15

  • His Excellency Khampha Sengdara was appointed the newPresident of the People’s Supreme Court in June 2019. HisExcellency graduated from the public security academy inVientiane before taking a Master’s degree in party buildingand obtaining a high-level diploma in political ideology. Hehas many years of grass-roots building experience andformerly undertook police investigation-interrogationduties under the Ministry of Public Security. In addition, hewas a member of the Ministry of Public Security’s PartyCommittee and served as Vice President of the People’sSupreme Court for 12 years.

    Appointment of new President of thePeople’s Supreme Court

    N E W S F R O M L A O S

    16

  • Her Ladyship joined the Judicial and Legal Service in 1986 as anAssistant Parliamentary Draftsman, at the Drafting Division of theAttorney-General’s Chambers. Subsequently, her Ladyship served asa Magistrate at the Port Dickson Court, as a Federal Counsel at theKuala Terengganu Legal Aid Bureau, as a Senior Assistant Registrarat the High Court at Seremban, as a Deputy Registrar at the HighCourt of Kuala Lumpur, as a Special Officer to the Right HonourableChief Judge of Malaya, as a Special Officer to the Right HonourableChief Justice, as a Judge of the Sessions Court at Kuala Lumpur cumSpecial Officer to the Right Honourable Chief Justice, and as theRegistrar of the High Court of Malaya cum Chief Registrar of theFederal Court of Malaysia. Her Ladyship's final posting in the Judicialand Legal Service was as the Chief Registrar of the Federal Court ofMalaysia from 2005 to 2006.  On 2 October 2006, Her Ladyship wasappointed as a Judicial Commissioner of the High Court of Malaya atKuala Lumpur. On 5 September 2007, Her Ladyship was elevated asa Judge of the High Court of Malaya at Kuala Lumpur. Her Ladyshipalso had the experience of serving as a Judge of the High Court ofMalaya at Shah Alam, Selangor. On 8 January 2013, Her Ladyship was appointed as a Judge of theCourt of Appeal. On 26 November 2018, Her Ladyship was appointedas a Judge of the Federal Court. On 2 May 2019, Her Ladyship wasappointed as the Chief Justice of Malaysia.

    Appointment of newChair of ALA Malaysia

    N E W S F R O M M A L A Y S I A

    The Right Honourable Tan Sri TengkuMaimun binti Tuan Mat was electedChair of ALA Malaysia on 2 August 2019.Born in Kota Bharu, Kelantan on 2 July1959, Her Ladyship read law at Universityof Malaya and graduated with honoursin 1982. Her Ladyship began her career inthe legal field as a Legal Officer at theSouthern Kelantan Development Boardin 1982 and later in 1984, as a LegalOfficer at the Municipal Council ofSeremban, Negeri Sembilan.

    17

  • ALA MYANMAR'SCALL ON ALAPRESIDENT

    On 6 August 2019, ALA President Chief JusticeSundaresh Menon welcomed the Chairman ofALA Myanmar Union Attorney General (UAG) UTun Tun Oo to the Supreme Court ofSingapore.  During this meeting, CJ Menon shared withUAG Tun Tun Oo an outline of the majorinitiatives that he has planned for his term asALA President. UAG Tun Tun Oo in turnexpressed his support for ALA initiatives andtook the opportunity to provide an overview ofthe key developments of Myanmar’s legallandscape. Following the meeting, UAG wasbrought on a tour of the Supreme Court ofSingapore.   UAG Tun Tun Oo had made this official visit toCJ Menon during his short stay in Singapore toattend the Singapore Convention on MediationSigning Ceremony and Conference. Throughsuch courtesy calls, CJ Menon is able to gain abetter understanding of the legalcircumstances in each country so as topromote and strengthen the rule of law forevery ASEAN member state through his ALAPresidency.

    N E W S F R O M M Y A N M A R

    18

  • Welcome to my HouseholdRemarks of Retired Chief Justice ARTEMIO V . PANGANIBAN to welcome Singapore ChiefJustice Sundaresh Menon and his delegation who paid a courtesy visit to him at his home ,1203 Acacia , Dasmarinas Village , Makati City , on April 12 , 2019 .

    1.          On behalf of my family and of ALAPhilippines, I welcome and thank you  Mr.Chief Justice Sundaresh Menon,  for visitingmy home. I was so surprised and honoredwhen I was told that you and your delegationwanted to pay a courtesy call on me and theALA Philippine National Committee. I did notthink that I, in particular, deserve it. After all, Ihave already retired from active service andhave passed my prime while Your Honoris  the distinguished head of the Singaporejudiciary, the concurrent President of theASEAN Law Association and the Chairman ofthe Council of ASEAN Chief Justices. Anyway,by visiting us, you and your delegation of 11justices and lawyers from Singapore ennobleus beyond measure. My entire house is opento you and your delegation. If you have notdone so, you can visit my den where themanuscripts of the 1,200 decisions I pennedfor the Supreme Court are, plus my 14 books.Also, you can, if you have not done so, visitalso my memorabilia room near theswimming pool where souvenirs given to me,including the gowns I wore as a magistrateand as a humble recipient of honorarydoctoral degrees are as well as the desk andfurniture I used, which I purchased from theSupreme Court.  They should really be in amuseum. Unfortunately, the Supreme Courtdoes not have one. Many of my retiredcolleagues are urging me to spearhead aprivate funding for such a museum, butthat’s quite another story.

    2.     We are especially delighted thatyou have brought two of yourdistinguished colleagues, Justice ChaoHick Tin and Justice Lee Seiu Kin, whoare of course my personal friends oflong standing. 3.          We are also pleased that amongus today are  three former ALAPresidents, Justice Chao, theHonorable T.P.B. Menon and our ownAvelino V. Cruz, who had just beenelected earlier this afternoon asChairman of the ASEAN Law Institute,with Justice Lee as Vice Chairman.  Bythe way, Ave Cruz had recently beennamed by President Rodrigo Duterteas the Special Envoy of the Philippinesto the EU, with the rank ofAmbassador. Let us give all of them abig round of applause. 4.      I , of course, fondly remember thatwhen I was  the incumbent ChiefJustice of my country, Justice Chaowas the incumbent ALA President andthat he, together with several ALAVIPs from other ASEAN countries, flewto the Philippines to honor me with abig celebration at the nearby DusitThane Hotel. Thank you indeed,Justice Chao. I will never forget thehonor you bestowed on me as long asI live.

    N E W S F R O M T H E P H I L I P P I N E S

    19

  • "MY ENTIRE HOUSEIS OPEN TO YOU ANDYOUR DELEGATION."

    she and her husband Noy are now, as Ispeak, hosting a reception for theirdaughter. However,  Len Yaptangco andher husband Alex, are with us. They havetwo sons:  Rafa is at school in the Ateneode Manila,  while  Miguel is finishing hisMasters in Entrepreneurship at theBabson College in Boston. 7.         By the way, I told Miguel that to be agreat entrepreneur, he did not have to goto that famous school in the UnitedStates. He should have just applied as  anassistant or messenger of one of ourspecial guests today, Ms Tessie Sy-Coson,the charming Chairman of BDO, thelargest bank in the Philippines, and who,according to Forbes, is the richest womanin our country. She is a major supporter ofALA Philippines. Two years ago, shecontributed to ALA Philippines over P6million, from which we drew the $100,000to jump-start the ASEAN Law Institutewhich will be inaugurated tomorrow. Butcloser to my heart, she was my student incommercial law about 10 years ago whenshe was still a teenager taking up herBachelor of Commerce degree at thenearly Assumption College.

    5.          May I now introduce myhousehold?  First and foremost ofcourse is my dear wife Leni, whom youmay have met in previous ALA events.After 37 years of graduate schoolteaching at the Asian Institute ofManagement, she retired in 2009, tojoin me in enjoying our senior years.Since then, she learned Chinesepainting, and all around this living roomare some of her works. We have alimited number of smaller reprints ofher paintings which we would like togive each of you later before you leaveour home. 6.          We have five children,  three ofwhom are not here. They live and workin the East Coast of the United States.Of the two living in the Philippines,our  daughter, Tet Manalac,  who tookover her Mom’s teaching assignment atthe Asian Institute of Management, isunfortunately unable to come because

    20

  • 8.          Now let me introduce the ALAPhilippines National Committee, whom Mr.Chief Justice Menon wanted specifically tomeet. Representing the judiciary are: Justices Antonio T. Carpio and Andres B.Reyes, Jr.  whom you have met in past ALAmeetings.  Our other member from theSupreme Court,  Justice Estela M. Perlas-Bernabe  is abroad. Of course, we have ourformer ALA President, Ave Cruz, who still sitsin our National Committee. Then, wehave  Alfredo C. Lim, President of Pagcorwhich regulates all gaming activities in ourcountry and Danilo L. Conception, Presidentof the University of the Philippines.

    She actually wanted to be a lawyer, but herfather, Henry Sy, who – until his death earlierthis year was the richest man in our country –stopped her and asked her to be anentrepreneur instead. Now, she can retainthe world’s best and brightest lawyers – withher as the boss. And talking of ALAsupporters, may I introduce  my good friendJames Go, the chairman of JG Summit, oneof the largest conglomerates in thePhilippines, which owns and operates CebuPacific Air, a huge food and beveragecompany, a petrochemical complex, a bigreal estate company, and the second largestchain of super malls, second only to the SMSuper Malls operated by the family of ourbenefactor Tessie Sy-Coson. May I alsoacknowledge another ALA supporter, MannyPangilinan, Chairman of PLDT, our telephonecompany, of Meralco, our electric powerdistributor, and of Metro Pacific InvestmentsCorporation, which is engaged in waterdistribution, tollways, power generation, 14major hospitals (in partnership with the GICof Singapore), logistics, railways, and otherbusinesses.  Another ALA supporter,  JaimeAugusto Zobel de Ayala,  Chairman of theAyala Corporation, the oldest conglomeratein the Philippines which developed Makatiinto a world class city, sent his regrets for hisabsence today because he is abroad.

    The other members,  Senator Franklin Drilon,Emilio B. Aquino (the Chairman of ourSecurities and Exchange Commission),  formerALA Secretary General Gina Geraldez, and JerryParulan  have prior commitments. Ourhonorary chairman, CJ Lucas P. Bersamin is outof town but will return tonight and will attendtomorrow’s functions.

    9.          Finally, may I also introduce ourofficers,  Grace Salonga, Andre Palacios,  thenewly-elected Director General of the ASEANLaw Institute,  Rowena Flores, Maria TeresitaSison Go, Sol Hermosura, Mike Toledo, Gov. BoyReyno, Dr. Sam Bernal, who holds three earneddoctorates, Doctor of Laws, Doctor of Medicine,Doctor of Philosophy and is now finishing hisDoctor of Chemistry, and lastly, my ExecutiveAssistant, Marivic Romualdez.

    Thank you.

    21

  • Justice Lee Seiu Kin was elected Chairman of ALASingapore in January 2019. He was the Vice-Chairman from2012 until the Chief Justice was appointed ALA President.He was Chairman from January 2007 until the election ofthe Chief Justice as Chairman in 2012. Justice Lee's first career was in civil engineering, aftergraduating with a B.Eng. (Hons) from the University ofAdelaide in 1977. He also holds a M.Sc. (ConstructionEngineering) from the National University of Singapore andan MBA from INSEAD, Fontainebleau. After obtaining hisLL.B. (Hons) from the National University of Singapore in1986 and his LL.M. from the University of Cambridge in 1987,Justice Lee joined the Singapore Legal Service. He served asState Counsel and Deputy Public Prosecutor in theAttorney-General's Chambers until October 1997, when hewas appointed Judicial Commissioner of the SupremeCourt. From 1999 to 2002, he was concurrently President ofthe Industrial Arbitration Court. In October 2002, he wasappointed Second Solicitor-General of Singapore. JusticeLee was appointed to the Supreme Court Bench on 11 April2006.

    Appointment of newChair of ALA Singapore

    N E W S F R O M S I N G A P O R E

    22

  • Chief Justice Wattanapan commenced his judiciary career as a judge-traineein 1980. During his distinguished career, he held various executive positionsincluding Chief Judge of Ranong Provincial Court, Chief Judge of PhuketProvincial Court, President of the Court of Appeal Regions VIII, President of TaxDivision in the Supreme Court and the Vice–President of the Supreme Court. Presently, Chief Justice Wattanapan also serves as Chairman of the JudicialCommission, Chairman of the Judicial Administration Commission andPresident of the Thai Bar Association.

    Appointment of newChair of ALA Thailand

    N E W S F R O M T H A I L A N D

    Chief Justice Slaikate Wattanapan hasbeen appointed the new Chairman of ALAThailand. Chief Justice Wattanapangraduated with a Bachelor of Laws degree(second class honours) from ThammasatUniversity. He also earned his Master of Arts(Criminal Justice Administration) fromState University of New York at Albany(Government of Thailand scholarship) and

    23

    Certificate of Public Administration from University of Washington (Hubert H.Humphrey scholarship).

  • ALA PRESIDENT'S CALLON ALA VIETNAM

    In addition, CJ Menon apprised Dr Nguyen ofhis meeting with the ASEAN Secretary-General in March 2019 at Jakarta. This meetingled to the crystallisation of 4 concept papers: (1) Monitoring compliance of ASEANinstruments(2) Promoting awareness of ASEAN legalinstruments and their implementation(3) Promoting legal convergence in the area ofenforcement of judgments and arbitrationawards(4) Establishing a panel of experts whichASEAN Secretariat can consult on specificlegal areas

    Chief Justice Sundaresh Menon and theSingapore delegation called on ALA Vietnamon 16 September 2019 at the VietnamLawyers Association.  In his capacity as ALA President, CJ Menonshared with Dr Nguyen Van Quyen (Chair ofALA Vietnam) the initiatives in the pipeline tobuild and strengthen ALA, to establishlinkages between ALA and other ASEANinstitutions and to promote the renewal ofALA. CJ Menon highlighted to Dr Nguyen that thelaunch of the ASEAN Law Institute is aquantum leap for ALA. For the first time, ALAwill have an executive arm to facilitate thegeneration of ideas and support theoperations of ALA. 

    CJ Menon also unveiled plans to organise atriennial moot competition for ASEAN lawstudents. Through this competition, CJ Menonhopes to generate interest and publicity inALA and ASEAN related issues among theyounger generation of the legal community.Ms Le Thi Kim Thanh (Vice Chair of ALAVietnam) responded enthusiastically to theidea of an ASEAN moot competition.

    N E W S F R O M V I E T N A M

    24

  • Ms Le shared that Vietnam has begun to organise domestic moot competitionsin the last 2 to 3 years as their law students are generally very interested in them.Ms Le believed that their law students would want to reach out to other studentsin the region and look forward to Vietnam sending the best team to participatein this ASEAN moot competition. Further, CJ Menon shared the idea of creating a training market place to matchthe legal training needs in ASEAN with legal training opportunities within andoutside of ASEAN. A mechanism for law firms, universities and researchorganisations to list internships and placements opportunities on the ALAwebsite, and for applicants to likewise indicate their interest to take up suchopportunities is being considered. Such internships and attachments will giveyoung lawyers the opportunities to participate in the work of ALA and to practicelaw in other parts of ASEAN. The possibility of strengthening bilateralcollaboration between ALA Vietnam and ALA Singapore was also discussed. Besides ALA initiatives and matters, the meeting also discussed the increasingimportance of mediation as a resolution method for commercial disputes againstthe backdrop of rising foreign direct investments in Vietnam.   At the end of the meeting, gifts were exchanged between the representatives ofALA Vietnam and the Singapore delegation before the Singapore delegation wasushered off to the next meeting with the Permanent Deputy Prime MinisterTruong Hoa Binh.

    25

  • In September 2019, the Vietnam Lawyers Association (VLA) held its 13th Congress to

    elect a new leadership board and to set objectives, directions and tasks for the coming

    term (2019-2024). The Congress was attended by 500 representatives from Government

    agencies and 63 Provincial Lawyer Associations, with Deputy Prime Minister Truong Hoa

    Binh delivering a speech at the Congress. Dr. Nguyen Van Quyen was re-elected as VLA

    President and Ms Le Thi Kim Thanh as Vice President.

    D r . N g u y e n V a n Q u y e n ,V L A P r e s i d e n t ( s t a n d i n g ,i n t h e m i d d l e ) r e p o r t i n gt h e p r e p a r a t i o n f o r t h eC o n g r e s s t o P e r m a n e n tD e p u t y P r i m e M i n i s t e r o fT h e S o c i a l i s t R e p u b l i c o fV i e t n a m - H o n . T r u o n gH o a B i n h ( s i t t i n g o n t h er i g h t o f M r . N g u y e n V a nQ u y e n )

    13TH CONGRESS OF VIETNAMLAWYERS ASSOCIATION

    RUSSIAN LAWYERS ASSOCIATION

    S I G N I N G S T R A T E G I C C O O P E R A T I O N

    A G R E E M E N T W I T H T H E

    On 22 May 2019 in Moscow, Dr NguyenVan Quyen, President of the VietnamLawyers Association and Mr VladimirGruzdev, Chairman of the Board of theRussian Lawyers Association officiallysigned the Strategic CooperationAgreement witnessed by the PrimeMinisters of both countries. The objectiveof the Agreement is to establishpartnership relations, to promote law andto exchange legal professional experiencebetween the two organisations.

    26