Lai Kew Chai
Encyclopedia
Justice
Lai Kew Chai was 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. 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 July 1, 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 January 19, 1989 to July 28, 1995, and Chairman of the Professional Affairs Committee, Singapore Academy of Law from July 24, 1993 until his retirement on February 6, 2006. - on his 65th birthday.
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.
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. 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.
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 passing on 23 July 1976. Justice Lai thus allowed Pertamina's claims to be passed and the decision was upheld by the Court of Appeal.
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 May 12, 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 [2005] (SGHC 90) 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 was hanged in Changi Prison on Friday, 3 November 2006 before dawn.
Lai Kew Chai died at 11.36 a.m., after a seven-month battle against stomach cancer. He left behind his wife, Dorothy and two children Stanley, 37, and Amy, 33, both lawyers, and two granddaughters.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
Lai Kew Chai was the longest-serving member of the Supreme Court Bench, having served for almost 25 years as a Judge.
Born in Tanjung Malim
Tanjung Malim
Tanjung Malim is a town in the state of Perak, Malaysia. It is approximately north of Kuala Lumpur via the North-South Expressway. It lies on the Perak-Selangor state border, with Sungai Bernam serving as the natural divider....
, Perak
Perak
Perak , one of the 13 states of Malaysia, is the second largest state in the Peninsular Malaysia bordering Kedah and Yala Province of Thailand to the north, Penang to the northwest, Kelantan and Pahang to the east, Selangor the Strait of Malacca to the south and west.Perak means silver in Malay...
, he received his early education at Methodist English School at his hometown in 1950, and at the Methodist Boys' School, Kuala Lumpur
Methodist Boys' School (Kuala Lumpur)
Methodist Boys' School, Kuala Lumpur is a cluster secondary school in Kuala Lumpur, Malaysia. It was founded in July 1897, making it one of the oldest schools in Malaysia. It is known as MBS and its students are known as MBSians. The school is also known as Marble School or Horley School to the...
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. 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 July 1, 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 January 19, 1989 to July 28, 1995, and Chairman of the Professional Affairs Committee, Singapore Academy of Law from July 24, 1993 until his retirement on February 6, 2006. - 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
Mareva injunction
The Mareva injunction , in Commonwealth jurisdictions, is a court order which freezes assets so that a defendant to an action cannot dissipate their assets from beyond the jurisdiction of a court so as to frustrate a judgment...
in Singapore in the Art Trend Ltd v Blue Dolphin (Pte) Ltd case.
In 1986 Justice Lai sentenced Malaysian businessman and the then-MCA
Malaysian Chinese Association
Malaysian Chinese Association is a uni-racial political party in Malaysia that represents the Malaysian Chinese ethnicity; it is one of the three major component parties of the ruling coalition in Malaysia called the Barisan Nasional in Malay, or National Front in English.Along with the largest...
President Tan Koon Swan
Tan Koon Swan
Tan Koon Swan is a controversial Malaysian political and corporate figure, who was president of the Malaysian Chinese Association from November 1985 to September 1986.Tan first entered the political fray in the late 1970s...
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. 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.
Tan's sentence was later reduced to 14 months, and released on 26 December 1987.
In the case of Thahir v Pertamina
Pertamina
Pertamina is an Indonesian government-owned corporation which extracts and refines the country's oil and gas reserves. It was created in August 1968 by the merger of Pertamin and Permina...
(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
Ibnu Sutowo
Ibnu Muhari was an Indonesian army officer, Cabinet Minister and former head of the Indonesian oil and gas producer Pertamina....
. 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 passing on 23 July 1976. Justice Lai thus allowed Pertamina's claims to be passed and the decision was upheld by the Court of Appeal.
The judgement passed by him deeply impressed The Privy Council
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
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 May 12, 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 [2005] (SGHC 90) 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 was hanged in Changi Prison on Friday, 3 November 2006 before dawn.
Personal life
Lai Kew Chai was an active church worker and an avid traveller. In his lifetime, he was made Honorary Secretary to the Parochial Church Council of St. John's - St. Margaret's Church from 1973–1978, and a member of the Council between 1978 and 1981. He was also a Registrar of the Diocese of Singapore, appointed by The Bishop of Singapore.Lai Kew Chai died at 11.36 a.m., after a seven-month battle against stomach cancer. He left behind his wife, Dorothy and two children Stanley, 37, and Amy, 33, both lawyers, and two granddaughters.
Quotes
- I remember I went with him in his vintage Mercedes Benz to the nearby shopping centre to buy groceries for the dinner. But when we walked to the payment counter, there stood the Singapore politician J.B. JeyaretnamJoshua Benjamin JeyaretnamJoshua Benjamin Jeyaretnam was a politician and lawyer from Singapore. He was the leader of the Workers' Party from 1971 to 2001...
whom Lai had earlier ordered to pay Singapore Prime Minister Lee Kuan YewLee Kuan YewLee Kuan Yew, GCMG, CH is a Singaporean statesman. He was the first Prime Minister of the Republic of Singapore, governing for three decades...
damages for defamation amounting to about SGD$260,000. Fearing that the encounter might turn out to be a rather awkward one, the tense situation became a subdued one when Lai gave a polite smile to the politician. Such were his humility, friendliness, and most of all his kindness in sponsoring the event for the cash-strapped students who had yet even to start their pupillage. -- Malaysian Bar Councillor, Roger Tan Kor MeeRoger Tan Kor MeeRoger Tan Kor Mee is a lawyer by profession. Born on 1 October 1961 in Yong Peng, Johor, Malaysia, he received his early education at Sekolah Menengah Inggeris in his hometown, and at the Tunku Abdul Rahman College in Kuala Lumpur...
- Justice Lai was undoubtedly a strong and fair judge, always anxious to do justice to the parties, whether it was a civil case or a criminal trial. He was sound in the law and was always prepared to take in arguments from a fresh perspective … It was abundantly clear that as a Judge, Justice Lai was held in high regard by members of the Bar. He was similarly held by his colleagues on the Bench. -- Justice Chao Hick TinChao Hick TinChao Hick Tin is an appellate judge and former Attorney-General of Singapore. He was born in Singapore and studied at Catholic High School. He received his legal education at University College London, where he obtained his Bachelor and Masters of Law degrees in 1965 and 1966 respectively. He was...
, in his eulogy delivered at Justice Lai’s funeral at St Andrew’s CathedralSt Andrew's Cathedral, SingaporeSaint Andrew's Cathedral is an Anglican cathedral in Singapore, the country's largest cathedral. It is located near City Hall MRT Interchange in the Downtown Core, within the Central Area in Singapore's central business district. It is the Cathedral church of the Anglican Diocese of Singapore and...
on Friday, 3 March 2006.
- One of our finest judges, he was respected for his sharp mind, patience and fairness. He was always on top of every case, and very often offered perspectives that were not very readily apparent to lawyers appearing before him -- Lawyer Mr Davinder SinghDavinder SinghDavinder Singh Sachdev s/o Amar Singh SC is one of Singapore's foremost trial and appellate lawyer, having attained the title of Senior Counsel in 1997, and having been described by Asia Pacific Legal 500 2009/2010 as being "without peer at the bar"...
of Drew & Napier.
- ...Justice Lai gave up a successful and lucrative career as a lawyer to become a judge, at a time when judges were paid much less than now - so he made a real sacrifice ... He was an excellent trial judge, and made several lasting contributions to our jurisprudence. But despite his seniority, he was never unkind to lawyers and retained his essential humanity. - Senior Counsel Michael Hwang.
- Justice Lai made great efforts to guide junior members of the Bar at every possible opportunity in and out of court ... I had the privilege of being his colleague on the High Court Bench upon my appointment as judicial commissioner. He was a friend and mentor in my five years there. - Second Solicitor-General Lee Seiu Kin.
- Justice Lai was the only High Court judge to type notes on his laptop in recent years - the only person in the Bench who kept up with technological trends... - civil litigation lawyer Foo Soon Yien.