Don’t get too excited as it’s only about a swimming club membership… very Singapore
But that said the fact that Justice Choo Han Teck removed himself from the case illustrates that there’s still health in the legal system in Singapore. Would the same happen in Hong Kong…that’s debatable these days
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Straits Times
IN A rare move, a High Court judge has disqualified himself from hearing the case of a Singapore Swimming Club member who is challenging the club’s decision to suspend and cease his membership.
The Straits Times understands that Justice Choo Han Teck adjourned the closed-door hearing on Monday, on learning that one of the committee members involved in the decision-making process was known to him.
A fresh hearing before another judge is expected to be fixed for next year.
The hearing is the second round of a legal spat between the club’s management committee and retired businessman Mike Sim, 70.
Mr Sim, a life member, had applied for the hearing, alleging a breach of natural justice and a lack of valid reasons to remove him.
The club failed in its decision the first time last year when Mr Sim took the matter to court, crying foul over the committee’s failure to follow the correct procedure in removing him then.
Justice Chan Seng Onn agreed with Mr Sim, who had been with the club for 40 years, and ordered that he be paid damages and costs in September last year.
The judge had then made it clear that his decision did not prejudice the club from restarting the process against Mr Sim.
A month later, the club suspended him again, with a view to ceasing his membership within six months.
The six-month period is meant to provide sufficient time to transfer the membership to a third party. His wife also received a suspension as their “family category” membership meant they were treated as one.
She is also challenging the move.
The first suspension took place last year after another member complained that Mr Sim’s insider-dealing conviction made him an embarrassment.
In 2012, Mr Sim had been fined $153,000, while he was chief executive of the mainboard-listed company Sinwa, for insider dealing.
Suspending those convicted of serious crimes is common practice for recreational clubs.
Mr Sim is challenging the decision on several grounds, claiming the committee that made the second decision pre-judged the case.
Among other things, his lawyer R. S. Bajwa argued that his conviction did not involve any dishonesty or moral misconduct, as was claimed in the criminal case itself.
Defended by lawyer Chang Man Phing, the club is disputing the claims, arguing that Mr Sim’s case is without merit and that the management committee had heard the case afresh before reaching its decision.
