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  • Law Firm Representing Film Studio Dallas Buyers Club LLC Accused Of Bullying

    Law Firm Representing Film Studio Dallas Buyers Club LLC Accused Of Bullying

    The local chapter of a non-governmental organisation promoting the use of Internet has lodged a complaint with the Law Society, against lawyers from the legal firm representing the United States film studio Dallas Buyers Club LLC.

    The studio is going after people here who allegedly downloaded the Oscar-winning movie Dallas Buyers Club illegally, and the first batch of demand letters issued to 77 M1 subscribers by the lawyers from Samuel Seow Law Corporation had used threats of criminal proceedings to advance civil claims, thus breaching the Law Society’s ethical guidelines for legal practitioners, said the Internet Society (Singapore)’s president Harish Pillay, who personally handed the written complaint to the Law Society last week.

    The complaint is against Mr Robert Raj Joseph and Mr Lee Heng Eam from Samuel Seow Law Corp’s litigation and dispute resolution practice group. Mr Raj is the director of the group while Mr Lee is an associate. When contacted, Mr Raj said he is on leave and referred this newspaper to the firm’s managing director Samuel Seow.

    Mr Seow told TODAY he has no knowledge of the complaint. He added that the demand letters, which were first sent out in April, were issued by Mr Raj, who is leaving the company and has been placed on gardening leave. Mr Raj’s departure is not linked to the handling of the case, Mr Seow said. He added that he and a “new team” took over the case file from Mr Raj just last week.

    Mr Seow said his law firm recently sent out a new batch of letters — which were worded differently — to StarHub and Singtel subscribers who allegedly downloaded the movie illegally.

    The demand letters issued to the M1 subscribers had asked for a written offer of damages and costs, and Mr Raj said in April the studio had received and accepted “quite a number of” offers of compensation. These letters had spelt out a maximum fine of S$50,000 or imprisonment not exceeding three years for a conviction under Section 136(3) of the Copyright Act, and a maximum S$20,000 fine and six months’ jail term under Section 136(3A) of the Act.

    Mr Pillay, who works in the information technology industry, said the demand letters were worded in the manner of a “big bully”, and the law firm had engaged in a “bad bullying tactic”.

    “These words make people panic, especially those who are not legally trained … They are blaming people of alleged transgression without proof … Those who are a bit naive will settle,” said Mr Pillay. He noted that some alleged offenders may have made compensations without seeking legal help.

    The Law Society’s Practice Directions and Rulings Guide 2013 states that it is improper for a solicitor to “communicate in writing or otherwise a threat of criminal proceedings in order to achieve a stated objective in any circumstance, for example, to compel a witness to attend at the solicitor’s office to give a statement or to sign a written statement despatched to him”.

    Contacted by TODAY, the Law Society declined to comment on the complaint. Its spokesperson said the society was bound by the Legal Profession Act to maintain confidentiality of proceedings that are being conducted.

    “The Law Society is therefore unable to comment if it has or has not received a complaint against any named lawyer or the status of any complaint received,” said the spokesperson.

    Apart from Singapore, Dallas Buyers Club LLC has also started legal action in Australia and the US, where it is going after more than 4,700 and 1,000 Internet users, respectively. It had reportedly identified more than 500 Singapore IP addresses here through which the movie was said to have been downloaded illegally.

    The Internet Society (Singapore) said there are alternative ways of encouraging legitimate content distribution. Lawyer Bryan Tan, who is the chapter’s treasurer, said that with the prevalence of the Internet, work will be copied and shared, and the question is how to legitimise such practices. The Creative Commons licensing system, which allows content creators to decide if their work can be modified or shared under commercial or non-commercial grounds, was set up to address this problem, Mr Pillay pointed out. “In this day and age, everything is a remix,” he said.


    Background

    The Dallas Buyers Club saga

    • Film studio Dallas Buyers Club LLC is going after people here who allegedly downloaded Oscar-winning movie Dallas Buyers Club illegally
    • First batch of demand letters were issued to 77 M1 subscribers by Samuel Seow Law Corporation
    • Dallas Buyers Club LLC has also started legal action in Australia and the US, where it is going after more than 4,700 and 1,000 Internet users, respectively
    • It had reportedly identified more than 500 Singapore IP addresses here through which the movie was said to have been illegally downloaded

     

    Source: www.todayonline.com

  • Financial Support Key To Urge Singaporean Couples To Buy Resale Flats Near Parents

    Financial Support Key To Urge Singaporean Couples To Buy Resale Flats Near Parents

    Financial support is the main way to help people who want to get a resale Housing Board flat near their parents, said experts.

    This could mean giving a higher resale grant, or allowing more buyers to qualify for it.

    As part of efforts to encourage extended families to live close together, the Government is studying whether such resale buyers can get more help, National Development Minister Khaw Boon Wan said last Friday.

    Currently, there is the Higher-Tier CPF Housing Grant for first-timers who are buying a resale flat with, or close to, parents or married children.

     

    Source: www.straitstimes.com

  • Pasir Ris One DBSS – Yet Another Development Under Fire

    Pasir Ris One DBSS – Yet Another Development Under Fire

    In what is becoming a recurring series of incidents, another group of homeowners of new flats are crying foul at the shoddy workmanship and design of their homes.

    The Online Citizen (TOC) understands that some of the owners of the new Pasir Ris ONE have just received their keys to their new homes which are located at the junction of Pasir Ris Central and Pasir Ris Drive 1, a stone’s throw away from the Pasir Ris MRT station.

    The 447-unit development is one under the Design, Build and Sell Scheme (DBSS), and consists of three-, four- and five-room flats.

    The purchase prices of these homes are reported to be between S$390,000 to S$470,000 for 3-room flats, and S$550,000 to S$670,000 for 4-rooms.  (See here.)

    The Pasir Ris ONE website lists the prices for 5-rooms as follow:

    comparisons-chart

    DBSS flats are supposed to come with better finishings and design, as buyers pay a premium for them.

    However, since owners had entry to their homes the last few months, it has emerged that the workmanship has left a lot to be desired.

    For a start, the corridors of the flats are so narrow that two persons can hardly walk side by side.

    When TOC measured the corridor of one block, it was precisely 1.2m wide.

    DSC_0456

    This is believed to be the minimum required by HDB and the Singapore Civil Defence Force (SCDF) safety rules.

    According to the Singapore Civil Defence Force (SCDF) website:

    scdf1

    Guidelines_HDB_1

    It is also worth noting that in a parliamentary reply in 2013 to a question of ensuring “clear passages along common corridors of HDB flats”, the Ministry of National Development said it was revising the clearance required from 1.2m to 1.5m, to provide for safety and rescue purposes.

    “To prepare for an ageing population and to provide wider access routes for people using mobility aids, BCA announced revisions to the Code on Accessibility last month.

    “The revisions include a wider minimum clearance width of 1.5m along corridors for buildings with plans submitted for regulatory approval on or after 1 Apr 2014.”

    Some of the gates at the main doors of opposite flats along the corridors are so close together that the gates almost touch each other when they are swung open.

    It is thus unclear how the homeowners of the Pasir Ris ONE flats would have the requisite allowable and safety space in their corridors if they were to, for example, place a shoe rack or a bicycle outside their main doors.

    Another curious placement issue is the way the gas vents have been installed on the ceilings along the corridors.

    DSC_0488
    Besides its questionable aesthetic design, is there also a safety issue here if an incident of leakage or fire should happen, especially with the narrow corridors?

    Besides safety, there are also concerns of security with how the flats are designed.

    Burglars or others with ill intention could gain easy entry into their homes through the air-conditioner ledges, for example, and enter the flats though the windows.

    Here is how it looks like, outside a ground floor flat:

    DSC_0460

    Here is another view:

    DSC_0491

    It would not be too hard for someone to climb to the upper floors through these balconies.

    And for some unknown reasons, TOC understands that the owners cannot make use of the entire ledge, although the floor area of the ledge is included as part of the size of the flat.

    And even over at the community barbeque pits, the design also came under fire, as one resident posted on the Pasir Ris ONE Facebook page on 4 June:

    bbqcomplaint

    TOC measured the height of the pit and it was about 1.3m high – from the ground to where the wire mesh would be. This would make it hard for anyone who is below, say, 1.7m to manage the barbeque.

    This writer – who is 1.7m tall – is pictured here at the pit:

    bbqpit

    When it comes to drying the laundry, the clothes rack isn’t something to crow about either.

    The rack is so small it can hardly dry any clothes; and also, the sun is blocked by the ledge above the rack which is presumably to prevent litter from the upper floors from reaching the lower ones.

    These would make drying your laundry quite a challenge.

    DSC_0462

    These are some issues which residents have with the external surroundings of the flats.

    What about the insides?

    Not much better.

    TOC understands that owners face many defects which need to be rectified.

    These include tiles in the living room which were either scratched, or have different shades of colour, or the groutings were poorly finished, while others have uneven flooring which need to be corrected.

    Some of the grilles at the balcony were also badly painted, and others had leaky pipes in the kitchen.

    The placement of the water heater in their kitchens is also another issue.

    When it is turned on, the heater can become a safety hazard, and it also contributes to warming up the kitchen when cooking is also in process because of the inefficient ventilation design.

    In the bedrooms, there were more defects – there were windows which took some effort to open, and toilet and shower doors were designed such that one has to close one in order to have enough space to open the other.

    And then there were the cracked tiles and poor grouting work.

    Some bedroom doors were also faulty, leaving big gaps between the door and the floor. There were also faulty window screws, window frames, door handles, chipped doors, bad wiring, dirty toilet bowls, and poorly installed floor tiles, among many other complaints.

    Some have complained that the master room, which is 15sqm, is so small it can barely fit a king-sized bed, leaving scarce room to walk.

    According to HDB rules, homeowners have one year to inform the developer of any defects.

    Pasir Ris ONE is a joint project between Sing Haiyi Group and Kay Lim Holdings.

    Homeowners have since created a private Facebook group  to highlight the flaws in their homes.

    Such problems in new developments have been reported  by new owners of other DBSS flats at the Trivelis in Clementi and Centrale 8 in Tampines in the last two months, along with several other groups of owners of build-to-order flats, such as in Punggol and Bukit Panjang, in the last few years.

    In its response to all these, the HDB said earlier in June that the defects were merely “surface imperfections.”

    “This is due mainly to the inherent features of natural materials or the nature of construction works that are dependent on manual labour,” a HDB spokesman said.

     

    Source: www.theonlinecitizen.com

  • Amos Yee: Remanded At IMH For 2 Weeks Pending Psychiatric Report

    Amos Yee: Remanded At IMH For 2 Weeks Pending Psychiatric Report

    Teenage blogger Amos Yee Pang Sang, 16, has been remanded at the Institute of Mental Health (IMH) for two weeks pending a psychiatric report.

    Before the State Courts on Tuesday (Jun 23), District Judge Jasvender Kaur said that a report by Dr Munidasa Winslow said that Yee may suffer from autism-spectrum disorder. This emerged from the reformative training suitability report, which found the accused physically and mentally suitable for reformative training.

    As such, Judge Kaur said that she is exploring other sentencing options, including a mandatory treatment order.

    A mandatory treatment order provides treatment for offenders suffering from psychiatric conditions that are susceptible to treatment, where the accused will have to undergo psychiatric treatment. It is meted out in lieu of imprisonment.

    It was introduced as part of a series of community-based sentencing (CBS) options implemented since January 2011, under Criminal Procedure Code 2010. If the CBS is successfully completed, the criminal record will be rendered spent. This means the offender is deemed to have no record of that conviction.

    The next hearing is on Jul 6 at 2.30pm, when the psychiatric report is expected to be ready.

    The prosecution, led by Deputy Public Prosecutor Hay Hung Chun, reminded the courts that they had suggested on two previous occasions that Yee be assessed by relevant experts on his mental health.

    NO PREVIOUS INDICATION OF MENTAL CONDITION

    Speaking to the media, Yee’s father Alphonsus said that he noted there was speculation from the public on Yee’s mental health but no previous medical check-ups had revealed that Yee might have autism-spectrum disorder.

    Yee was found guilty of two charges – one for making offensive or wounding remarks against Christianity and another for circulating obscene imagery. A third charge, for the teen blogger’s statements on the late Mr Lee Kuan Yew in a YouTube video, was withdrawn.

    On Tuesday, Yee agreed to privatise all his posts and not repost the offending posts, according to his lawyer Alfred Dodwell.

    Yee had previously rejected the option of probation and a term in the Reformative Training Centre as a sentence, sticking to his original plea for a jail term.

    In his previous hearing on Jun 2, Judge Kaur made the call for the reformative training suitability report to be done in view of Yee refusing a possible probation sentence and failing to turn up for meetings with his probation officer.

    After Yee’s probation officer reported the turn of events to the courts, prosecutors then made a call for reformative training, which was seen by them as a move that was in line with rehabilitation as opposed to a jail term or fine.

    Reformative training is an option for young offenders aged between 16 and 18 years old who are assessed to be unsuitable for probation. Offenders will be detained for a minimum of 18 months in the Reformative Training Centre.

    It was made known to prosecutors on May 21 that Yee had republished online the image and video pertaining to the case. He was told to take the materials down when he was charged.

    In a statement Monday, the United Nations Human Rights Office asked Singapore courts to “drop the demand for sentencing (Yee) to the RTC” and called for the “immediate release of (Yee) in line with (Singapore’s) commitment under the UN Convention on the Rights of Child”.

     

    Source: www.channelnewsasia.com

  • End The Slur On LGBT People And Their Allies

    End The Slur On LGBT People And Their Allies

    The annual Pink Dot event has put Singapore on the map for the right reasons (“LGBT rally forms sea of pink at Hong Lim Park”; June 13, online).

    It has become a beacon of hope for many who feel alone and victimised because of who they are, so much so that it has been replicated in places such as Hong Kong, Taiwan, Japan and the United States.

    Of late, unfortunately, the lead-up to Pink Dot, an event emphasising tolerance, respect and love, has been marred by vitriol directed at the LGBT (lesbian, gay, bisexual, transgender) community and their allies.

    Hatemongers have created platforms on social media from which they hurl their slurs. Offline, some have used the pulpit to launch attacks against LGBT people and their supporters.

    Many, including those who had been neutral in the issue, have felt compelled to speak out against this bigotry. But the silence of the authorities, who have intervened in racial, religious or gender discrimination, is puzzling.

    Replacing the word “LGBT” in this hateful commentary with an ethnic group or religious affiliation would render the remarks seditious.

    Replacing “gay” or “lesbian” with a reference to a gender, age group, social class or the disabled would not sit well with civic-minded Singaporeans.

    The authorities and our politicians must not practise double standards, but be bold to speak up against such speech. Silence emboldens bigots and would mean complicity in the hate campaign.

    This is not about supporting LGBT people but about supporting a society where everyone is treated with dignity and about creating a safe society, where discourse is civil.

    Will our leaders respond to protect the secular space in Singapore and signal that such actions are unacceptable?

     

    This article, written by Angeline Wong Hu Wei, first appeared on Voices, Today, on 22 Jun 2015

     

    Source: www.todayonline.com

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