|
Lai Kew Chai (; 7 February 1941 – 27 February 2006) was a Malaysia-born Singaporean judge and the longest-serving member of the Supreme Court Bench, having served for almost 25 years as a Judge. Born in Tanjung Malim, Perak, he received his early education at Methodist English School at his hometown in 1950, and at the Methodist Boys' School, Kuala Lumpur in 1955. Lai was an exceptional student in school, excelling as a school captain and in his studies. He received a School Book Prize for best HSC results for his final year examinations in 1961, and from there went on to read law at the University of Singapore in March 1962, with a University Entrance Scholarship. He continued to shine in his academic results, received a Book Prize for his first-year results in March 1963 and graduated with Honours in 1966.〔'Appointment of High Court Judge', ''Singapore Government Press Release'' (Document No. 1246-1981-06-15; dated 15 June 1981)〕 Upon graduation that year, he was admitted to the Singapore Bar on 14 December and began his career with the law firm ''Lee & Lee''. In 1971 Lai become a full partner of the firm. In his 13 years' private practice with the firm, he was very active member in the legal fraternity, having served as Honorary Director of the Postgraduate Practical Law Course and a member of the Military Court of Appeal between 1977 to 1981, and as Vice-President of the Law Society of Singapore between 1980 to 1981. On 1 July 1981, he was appointed to the High Court at the age of 40, making him the youngest judge to be appointed to the High Court in Singapore. In 1989, he was made Senate Member and Executive committee member of the Singapore Academy of Law. Justice Lai was appointed Chairman of the Legal Education and Studies Committee of the Academy from 19 January 1989 to 28 July 1995, and Chairman of the Professional Affairs Committee, Singapore Academy of Law from 24 July 1993 until his retirement on 6 February 2006.〔http://app.subcourts.gov.sg/Data/Files/File/RC%202%20of%202006.pdf ''In The Subordinate Courts Of The Republic Of Singapore Registrar’s Circular No. 2 Of 2006. Demise Of Mr Lai Kew Chai – Minute Of Silence''〕 – on his 65th birthday. ==High-profile court cases by Lai Kew Chai== In his 25-year career, Justice Lai heard many high-profile cases, and made many contributions in the legal arena. In 1982, he issued the first written decision on the granting of a ''Mareva injunction'' in Singapore in the ''Art Trend Ltd v Blue Dolphin (Pte) Ltd'' case.〔''http://app.supremecourt.gov.sg/data/doc/ManagePage/44/AnnualRpt2006/bench.html Supreme Court Of Singapore Annual Report 2006''〕 In 1986 Justice Lai sentenced Malaysian businessman and the then-MCA President Tan Koon Swan to a S$500,000 fine and two years' imprisonment in Singapore, for Criminal Breach of Trust (CBT) which led to the collapse of Singaporean company Pan-Electric Industries.〔("Malaysian Gets 2 Years" ), Reuters, in ''New York Times'' published: 28 August 1986]〕 In his judgement, Lai said Tan's offences had "struck at the very heart, integrity, reputation and confidence of Singapore as a commercial city and financial centre''.〔'Justice Lai Retires After 25 Years,' ''Business Times'', 7 February 2005〕 Tan's sentence was later reduced to 14 months, and released on 26 December 1987.〔 In the case of ''Thahir v Pertamina'' (1992), the Indonesian petroleum conglomerate presented substantial claims to over S$60 million deposit in various accounts with Sumitomo Bank in Singapore, and belonging to the late General Achmad Thahir, a former General Assistant to Pertamina's President-Director, General Ibnu Sutowo. Much of the deposits were deemed to be kickbacks from corruption practices by the General Thahir, during his office in Pertamina between 14 October 1968 and the day of his death on 23 July 1976. Justice Lai thus allowed Pertamina's claims to be passed and the decision was upheld by the Court of Appeal.〔(''Kartika Ratna Thahir v PT Pertambangan Minyak dan Gas Bumi Negara (Pertamina)'' (1994) 3 SLR 257; (1994) SGCA 105 )〕 The judgement passed by him deeply impressed The Privy Council in Britain, and formally accepted Lai's rejection of exercising an English legal authority on the Commonwealth corruption law that had been upheld for more than a century.〔 On 12 May 2005 Singapore saw for the first time, a case involving exercise rights of discretion in the amendment of patent specifications for commercial products in the ''Trek Technology (Singapore) Pte Ltd v. FE Global Electronics PTE Ltd and others, and other suits ()'' (SGHC 90)〔http://app.supremecourt.gov.sg/default.aspx?pgID=1138 ''Trek Technology (Singapore) Pte Ltd v FE Global Electronics Pte Ltd and Others and Other Suits (No 2) () SGHC 90'', Supreme Court of Singapore.〕 Justice Lai ruled on all counts, in favour of Trek 2000 International that their USB portable mass storage device patent to be valid, enforceable and infringed by Israel's M-Systems Flash Disk Pioneers Ltd, and Hong Kong's Ritronics Components. Justice Lai's last major case heard was that of the sexual assault cum murder of 8-year-old Chinese national Huang Na in 26 August 2005, by the accused Took Liang How. He ruled all forensic evidence pointed to Took's guilt and to his admission of sexual assault and murder of Huang Na, as well as dismissing Took's defence that he was schizophrenic.〔("Took Leng How sentenced to death for killing 8-year-old Huang Na" ), Channel NewsAsia, 26 August 2005.〕 Took was hanged in Changi Prison on Friday, 3 November 2006 before dawn.〔("Took's appeal dismissed, death term upheld for Huang Na's murder" ), Channel NewsAsia, 25 January 2006.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Lai Kew Chai」の詳細全文を読む スポンサード リンク
|