In Singapore, harassment is defined as any kind of behaviour that causes alarm, apprehension or distress to an individual. Harassment generally encompasses a range of actions and is governed under numerous laws, including the Protection From Harassment Act (POHA) and the Penal Code. This article provides an overview of the POHA, highlighting key offences, associated penalties, and how a lawyer in Singapore can help assess a harassment case and advise you on a suitable course of action. 

Introduction to the Protection From Harassment Act

The Protection From Harassment Act (POHA) was introduced in Singapore in November 2014 and was established to help protect people from harassment. 

Here is a simple overview of what the law covers and the remedies it offers: 

Key Offences

Key offences under the POHA include: 

Harassment: It is an offence to communicate (oral or written) threatening, abusive or insulting words or behaviour that causes someone (the victim) to be harassed, distressed, alarmed or be fearful of violence. “Communication” refers to spoken words and written communication, such as emails, messages and social media posts. 

Doxxing: It is an offence to publish any identity information (such as photos or address) of the target person or a related person of the target person that would cause a person to feel harassed, threatened or become fearful of violence. For example, posting statements such as “I know where you live/work” or “hunt him down and teach him a lesson” on social media, especially when combined with identifying details like names, photos, or addresses, would constitute an offence under the Protection From Harassment Act (POHA). 

Stalking: It is an offence to stalk someone in a way that makes them feel harassed, distressed, alarmed or fearful. This includes actions such as following the victim, loitering near the victim’s home or workplace, bus stop or MRT station, or any other place frequented by the victim, or constantly trying to contact them. 

Anyone found guilty under these laws can face fines, jail, or both, depending on the severity of the offence. 

What To Do if You Are a Victim of Harassment

If you believe that you are a victim of harassment, contact a law firm in Singapore to help you assess your case and advise you on the suitable remedies. 

Criminal Prosecution: It is important to establish the necessary facts in the police report. This would enable the police to properly investigate and proceed with prosecution. If the police do not intend to pursue the matter, you can still proceed with civil action. However, do note that this will be at your own expense. 

Expedited Protection Orders (EPO): If the victim is in immediate danger or the harassment is severely affecting the victim’s life and likely to repeat or continue, the court can issue an EPO. An EPO is a temporary injunction order granted when the court determines that urgent intervention is necessary, based on the complaint by the applicant (the victim) against the respondent. After the EPO is granted, the court will set a hearing for both parties to review the type of protection order needed. The court will grant a Protection Order if necessary. 

Protection Order: A Protection Order is a permanent injunction against the perpetrator to stop the harassment of the victim. It lasts forever until it is varied or set aside by another court order. The Protection Order can order the removal of harmful content online and/or ban the perpetrator from contacting the victim. It can also order the exclusion of close proximity with the victim, including places around the home, workplace, transit and places frequently visited by the victim. 

Expert Legal Guidance by Christopher Bridges Law Corporation

The Protection From Harassment Act (POHA) in Singapore addresses various forms of harassment, including threats, doxxing, and stalking, providing legal remedies such as protection orders and expedited protection orders. Victims can seek legal help from a Singapore law firm such as Christopher Bridges Law Corporation to assess their case and pursue an appropriate course of action. 

Established in 1995, Christopher Bridges Law Corporation is a trusted commercial and criminal litigation Singapore law firm licensed to practise in the Jurisdiction of Singapore. Our areas of expertise include dispute resolution, litigation and arbitration, criminal law, business and commercial law, fintech legal services, and family law, provided by a trusted lawyer in Singapore.

Please get in touch with us at 63232328 or via email at seccbridges@cbridgeslaw.com for a free consultation.

Divorce is a legal process that officially terminates a marriage. In Singapore, this process is governed by the Women’s Charter which highlights the specific grounds and procedures for divorce. This article explores the recent introduction of Divorce by Mutual Agreement (DMA) into the Women’s Charter – a significant development that changes how divorce proceedings are initiated and managed in Singapore. Further, this article delves into details of grounds for divorce, the requirements that accompany it, and how a family lawyer in Singapore can provide comprehensive legal services pertaining to divorce. 

Introduction to Divorce by Mutual Agreement (DMA) 

With effect from 1 July 2024, married couples will be able to cite Divorce by Mutual Agreement (DMA) as a ground for divorce. 

Previous Grounds for Divorce under the Women’s Charter

Before the introduction of DMA, divorces required one spouse to file against the other. The party that filed for divorce would be the plaintiff, and their spouse would be the defendant. Pursuant to Section 95(2)(a) of the Women’s Charter, the only reason for divorce to be granted under the Women’s Charter is the “irretrievable breakdown of the marriage.” Previously, the plaintiff had to show the court that they are relying on one or more of the following fault-based facts enshrined in Section 95A(1)(a) – (e) of the Women’s Charter to prove the irretrievable breakdown of the marriage:

1. Adultery 
2. Unreasonable behaviour 
3. Desertion 
4. Separation of three years with consent 
5. Separation of four years without consent 

Incorporating Divorce by Mutual Agreement into the Women’s Charter

Notably, the above five fault-based facts will be retained. Parties can still choose to rely on them instead. The DMA has been incorporated into the Women’s Charter pursuant to Section 95A(1)(f). It is effectively a sixth fact that parties can rely on that is not fault-based. With the introduction of DMA, parties may cite a mutually agreed divorce. In accordance with Section 95A(6)(a) of the Women’s Charter, parties must include information on the following in their application for divorce: 

1. Reasons for the breakdown of the marriage 
2. Efforts made to reconcile 
3. Considerations of their children and financial affairs 

Court Procedures and Standards 

Furthermore, the court may order for further mediation, counselling, or programmes. Additionally, Section 95A(6)(c) of the Women’s Charter states that the court must reject the parties’ agreement if reconciliation is deemed to be a reasonable possibility. Moreover, there are still some safeguards in place. Following Section 94 of the Women’s Charter, parties must have been married for at least three years before they can file for divorce. Pursuant to Section 99(1) of the Women’s Charter, there will also be a three-month period before divorce is finalised. These safeguards apply to all parties, regardless of whether the parties file for DMA or rely on the five facts for divorce. 

Impact and Benefits of Divorce by Mutual Agreement 

The introduction of the Divorce by Mutual Agreement (DMA) represents a significant and progressive shift in the approach to marital dissolution. The DMA enables couples to accept mutual responsibility for the breakdown of their marriage. The Ministry for Social and Family Development has aptly stated that couples may also find closure in citing the reasons for the breakdown of the marriage and acknowledging their attempts to reconcile. Indeed, the very nature of divorce proceedings outside DMA requires parties to dredge up the past in order to prove one of the five fault-based facts. This inevitably creates an adversarial environment where parties play the blame game. Further, if parties cite one of the separation facts (separation of three years with consent / separation of four years without consent), they may end up putting their lives on hold for the next three to four years. This can adversely affect the emotional well-being of the parties and their children. In taking joint responsibility for the marital breakdown and stepping away from the adversarial nature of divorce proceedings, parties are better equipped to consider vital matters related to their children and their finances post-divorce. 

Comprehensive Family Law Services by Christopher Bridges Law Corporation

A family lawyer in Singapore will offer comprehensive family law services, specialising in areas such as divorce, child custody, maintenance, and division of assets. Christopher Bridges Law Corporation recognises the emotional challenges that matrimonial proceedings bring and is committed to providing sensitive yet practical legal advice. Our tailored approach to divorce focuses on achieving a resolution through a mutually agreed divorce based on consensual grounds, while thoroughly addressing crucial issues such as Custody, Care and Control, Maintenance, and Division of Assets. 

Please reach out to our team at seccbridges@cbridgeslaw.com for a free consultation today.

Debt collection in Singapore is a regulated process designed to recover unpaid debts from individuals or businesses who have defaulted on their financial obligations. This process is aimed at ensuring that creditors can recover unpaid debts in a fair and ethical manner. The Singapore debt collection service industry is governed by laws such as the Debt Collection Act, which sets firm guidelines for companies and individual collectors. This article delves into the specifics of Singapore’s Debt Collection Act, focusing on its key provisions, licencing requirements for debt collection companies and individual collectors, and how a lawyer in Singapore can help provide effective legal solutions for debt recovery. 

Introduction to the Debt Collection Act 

The Debt Collection Act (“the Act”) came into force on 1 December 2023. The Act was passed by Parliament on 13 September 2022. Its purpose is to regulate the debt collection industry by imposing standards of entry and introducing licensing requirements for debt collection companies and collectors. Furthermore, it aims to reduce problematic debt collection conduct by introducing mechanisms to deal with errant debt collection companies and collectors. This is significant as it is the first regulation introduced for the Singapore debt collection service industry. However, it is important to note that the Act applies only to the collection of monetary debts. As such, the collection of non-monetary assets (eg. cryptocurrency) remains unregulated. 

New Licensing Requirements for Debt Collection Companies

One key feature of the Act is the newly introduced licensing regime for debt collection companies. Pursuant to Section 6 of the Act, debt collection companies must apply for a valid licence to carry out debt collection activities. Debt collection companies must be assessed by the police to be fit and proper before they are allowed to offer debt collection services. From 1 March 2024 onwards, debt collection companies must be licensed to carry out debt collection activities. Operating without a valid licence will be considered an offence, punishable by a fine of up to $20,000, imprisonment for up to two years, or both. Repeat offenders face even harsher penalties, including a fine ranging from $20,000 to $100,000, imprisonment for up to five years, or both.

Class Licensing Regime for Lower-Risk Entities 

The Singapore government has implemented a class licensing regime, which applies to lower-risk organisations that are regulated by other government agencies involved in lending and debt collection. This includes banks, merchant banks, licenced credit card or charge card issuers, finance companies, and licensed and exempt moneylenders. These companies need not attain individual licences. Nonetheless, they must comply with the conditions of the class licence. 

Approval Process for Individual Debt Collectors

Further, the Act has introduced a new approval regime for individual debt collectors. Any person who wishes to become a debt collector must submit a joint application with the debt collection company. Debt collectors will also be screened and assessed by the police to determine whether they are fit and proper. Police may rescind approvals if they are found to have committed offences, or breached any provisions under the Act. 

Exemptions and Exclusions under the Act 

Companies involved in debt collection in Singapore are deemed to pose low risk of public disorder and are excluded from the Debt Collection Act. Excluded entities include the Official Assignee, the Official Receiver, licensed insolvency practitioners, regulated legal practitioners and regulated non-practitioners, joint law ventures, licensed foreign law practices, qualifying foreign law practices, Singapore law practices, accounting corporations, accounting firms, accounting limited liability partnerships, chartered accountants, and public accountants. 

Impact of the Debt Collection Act 

Overall, this move to increase regulation within Singapore’s debt collection service industry is a positive and necessary development. Minister of State for Home Affairs Ms. Sun Xueling aptly stated that “debt collection is a legitimate economic activity that facilitates the fulfilment of financial obligations.” However, it is important to guard individuals and businesses against unreasonable debt collection methods, especially if these methods infringe on public safety and security. The Act and the regulation it introduces will lend greater legitimacy to the debt collection industry and mitigate against problematic debt collection methods. 

Effective Legal Solutions for Debt Recovery by Christopher Bridges Law Corporation 

The Debt Collection Act has introduced appropriate licensing and regulatory standards for debt collection companies and individuals in Singapore, with the aim of curbing improper practises. All debt collection companies are now required to hold a valid licence to operate legally, with severe penalties imposed for non-compliance. However, the Act excludes low-risk organisations such as banks, legal practitioners, and accountants, making it an essential step towards legitimising the Singapore debt collection service industry. 

A Singapore lawyer specialising in debt collection will ensure the process is managed with the utmost professionalism and provide effective legal solutions for debt collection in Singapore. Whether you are a service provider or a supplier with outstanding invoices, Christopher Bridges Law Corporation offers professional and legal assistance by means of issuing standard letters of demand at highly competitive rates. If payment remains unpaid, we will proceed with legal action by filing a Claim in Court to recover the owed amounts. Our primary focus is on not just obtaining a judgement but securing the payment of your invoices, ensuring that you receive what is rightfully due. 

Get in touch with our team at seccbridges@cbridgeslaw.com to schedule a free consultation.

When launching a business, you enter into many different types of contracts, including office and equipment leases, shareholder agreements, employment agreements with new workers, and client and supplier contracts. Wherever there is human interaction, conflict is inherently inevitable. Some of these conflicts may lead to a contract dispute. Therefore, it is essential that you have a fair understanding of what laws and regulations govern contract disputes in Singapore and how the legal services of a breach of contract lawyer can steer you in the right direction. This article examines what a contract dispute is, including methods for resolving various types of disputes and the choices available to the parties/individuals concerned.

What is a Contract Dispute? 

Typically, a contract dispute arises when either you or your client disagree with the terms or definitions of the contract. Contractual disagreements may be costly and time-consuming, end up in court, and harm your business relationships and reputation if handled improperly.

Common disputes include:

•       Breach of Contract

These occur when one party in a contract believes the other side has not fulfilled the terms of the contract. From nonpayment, poor service, to late delivery or defective goods, this type of business conflict frequently necessitates the involvement of a commercial disputes lawyer.

•       Partnership Disputes

Partnership disputes involve disagreements about business obligations, company goals, and general misconduct, ranging from fraud to aggressive behavior.

•       Employment Disputes

There are many things that can lead to employment disputes, such as a breach of confidentiality, employee pay and commissions, or summary dismissal.

Common Contract Dispute Resolution Methods in Singapore

Contract dispute resolution is the process of settling disagreements and conflicts between persons or parties.  Although many business disputes may wind up in court, this does not have to be for every case. Fortunately, businesses in Singapore have a variety of methods at their disposal to resolve disputes without opting for a court procedure.

Civil Litigation

A lawsuit is a common option to resolve a dispute.  Civil litigation refers to the process of taking legal action or filing a lawsuit against another party and ends with a judge determining a legally binding conclusion for both parties.

The Singapore legal system has a hierarchical court structure to promote fair access to justice and expeditious proceedings relative to the value of the claim. In other words, the amount of work is commensurate with the complexity—a $5 million claim in the High Court will take significantly longer and be more complex than a $5,000 claim in the Small Claims Tribunals.

Proceedings in court are mostly considered public, and high profile cases can draw curious public spectators or be reported in the press.

Mediation

Mediation is a voluntary and private procedure where the parties look for a workable resolution to their conflict. An impartial third person (the mediator), often a qualified lawyer, helps the parties come to an amicable agreement, and directs the parties in their decision-making process. This includes,

•       Identifying the issues in the dispute
•       Looking at available options
•       Negotiating a settlement agreement

The terms of the settlement agreement are determined completely by the parties, and the mediator does not impose a decision on any of them.

If the parties fail to arrive at a settlement even after mediation sessions, then they will proceed to take legal action.

Mediation is usually the lowest-cost option amongst the dispute resolution methods.

Arbitration

In typical litigation, a judge in a public court hears your case and renders a decision on the conflict. Arbitration, on the other hand, is a confidential and private hearing, and you and the other party have the freedom to choose the arbitrator (who is often a lawyer with industry experience). The arbitrator will make a decision that is legally binding on the parties.

Don’t Ignore the Notice!

If you are served with an Originating Claim, Originating Summons or Notice to Arbitrate, seek legal advice immediately – such notices should never be ignored.

There is a fixed amount of time to respond to an Originating Claim, Summons or Arbitration notice.  The failure to respond appropriately in a timely manner could result in a court judgment or arbitration award that you are liable and owe a sum of money to another party, because you have chosen not to contest the claim.

Consult with a dispute resolution lawyer immediately and seek advice on the best course of action available to you.

Hire a Contract Dispute Resolution Lawyer in Singapore

Regardless of whether you decide to settle your disagreement out of court or go in for civil litigation, it is absolutely necessary that you consult the services of an experienced dispute resolution lawyer first. Whether it is a breach of trust, an employee dispute, a partnership dispute, or debt collection in Singapore, our experienced lawyers at Christopher Bridges Law Corporation can help you.

As a licensed commercial and criminal litigation law firm in Singapore with offices within Asia, we have a very strong working connection with our ASEAN partners. This places us in a unique position to serve all our private, corporate, domestic, and international clients better. If you have a matter that calls for legal assistance, contact our legal experts today for a free consultation session. 

Financial Technology, popularly known as ‘fintech,’ refers to the innovative technology that improves and automates the delivery and usage of financial services. It often includes technological penetration in the 4 main financial areas of payments, savings, lending, and insurance. The exponential growth in fintech over the last few years around the globe and in Asia has raised many concerns pertaining to the laws and regulations that govern them. Read on to find out more about what measures are in place, why regulatory measures are important when it comes to fintech in Singapore, and how a fintech lawyer can assist you to understand and conform to the regulatory compliance of fintech better.

Fintech in Singapore

The Monetary Authority of Singapore (MAS) has undertaken various initiatives to solidify Singapore’s status as a regional and global trade and finance hub. As part of this enterprise, Singapore has committed to developing a financial ecosystem that would facilitate the digitalization of its economy and the development of fintech. Furthermore, the concept of “Smart Nation” was also introduced by the MAS in its bid to prepare Singapore’s citizens, workforce, and government for this fundamental shift in the financial fabric.

Why Fintech Regulatory Measures Are Important?

The widespread use of technology in the financial sector has also created new hurdles in regulatory enforcement. The financial services industry has become significantly more vulnerable to attack, theft, fraud, and other cyber-criminal behavior as a result of the digital transformation of finance.

As the variety of financial innovations, the ubiquity of their use, and the rate at which they evolve have grown significantly, authorities are finding it increasingly challenging to devise suitable regulatory responses.

How Is Fintech Facilitated and Regulated in Singapore?

Regulations for Digital Assets, Cryptocurrencies, and Fintech have been progressively developing in Singapore over the last few years. Furthermore, changes in surveillance and enforcement are also noted.

·       The Payment Services Act

The Payment Services Act 2019 (PSA) is regarded as a forward-looking and adaptable regulatory framework for Singapore’s payment systems and payment service providers. The PSA states that a license is required to conduct certain crypto-related businesses, cryptocurrency-related activities, transmission of cryptocurrencies, brokerage services for cryptocurrencies, and custody services for cryptocurrencies.

·       Digital Tokens/Coins, Cryptocurrency, Non-Fungible Tokens (NFTs)

The advancement of technology has also given rise to digital tokens and Initial Coin Offerings (ICOs). The Digital Token Guide stipulates that MAS may regulate offers or issuance of digital tokens if they constitute capital market products under the Securities and Futures Act (SFA).

The trading of NFTs would fall under the regulations as NFTs can be transferred, stored or traded electronically for another type of token or for monetary value.

How Can a Fintech Legal Advisor Help You?

As business operations become more globalized the risks associated with business expansion also become greater. This is when an in-depth understanding of Anti Money Laundering (AML) regulations and Know Your Customer (KYC) regulations can essentially help you to stay out of troubled waters.  The consequences of breaking AML regulations include disciplinary fines, legal/criminal proceedings, sanctions, reputational damage, and a loss of shareholder confidence.

Christopher Bridges Fintech Lawyers

Our fintech legal advisors will work closely with you to help you navigate your fintech journey all the way from start-up through to eventual exit. We will also provide you with the necessary advice and counsel on the regulatory implications of adopting specific disruptive technologies and help businesses such as platform providers in the fintech industry conform to regulations.

With an experienced and reputed fintech lawyer by your side, you can be rest assured that all regulatory compliance pertaining to your business operations is well taken care of. We specialize in legal advice on the AML/CFT regulations, legal advice on company best practices/KYC, and legal opinion on compliance with the Payment Services Act, digital payment token guidelines, and SFA regulations among other blockchain/fintech legal advice. Contact us today to accelerate your fintech journey.