Legal service upholds the rule of law by giving objective, independent advice: A-G

SINGAPORE - Legal service officers play a central role in upholding the rule of law by giving objective, unbiased and independent legal advice to the Government, Attorney-General Lucien Wong said on Monday.

He gave an example of how the legal service supported the Government extensively in the imposition of sanctions against Russia in response to its invasion of Ukraine in 2022, from giving advice on domestic and international law issues to drafting legislation.

“Our duty is to advise faithfully on the law. We do not let political considerations affect the advice,” said Mr Wong in his speech at the annual opening of the legal year ceremony held at the Supreme Court auditorium.

Mr Wong, who was addressing the legal community for the first time as president of the Legal Service Commission, devoted his speech to the rule of law and the duty of the legal service.

After the Constitution was amended in January 2022 to separate the judicial and legal services, the reconstituted legal service currently comprises 549 officers, of whom 358 are posted to the Attorney-General’s Chambers, while the others are serving with various ministries and statutory boards.

Mr Wong said a society governed by the rule of law has clear, publicised and legitimately enacted laws that are enforced in a fair and efficient manner, disputes over which are determined by independent judges, such that no one, including the Government, is above the law.

“Without the rule of law, a small island with no natural resources has little to offer to the rest of the world, no matter how many incentives and promises we dish out,” he said.

He noted that there have been breakdowns in the rule of law in countries with advanced legal systems and traditions of democratic rule, such as on Jan 6, 2021, when rioters swarmed the United States Capitol in an attempt to stop the certification of President Joe Biden’s election.

This can happen anywhere, including in Singapore, said Mr Wong.

“It is vital that all levels of Government appreciate how critical the rule of law is, and that unwavering commitment is needed to ensure that we are governed by the rule of law for the next generation and beyond,” he said. 

He noted that unlike some other Commonwealth jurisdictions, the Attorney-General in Singapore is not elected and has no political mandate.

The Attorney-General is much akin to a lawyer in a private law firm, he said. The law firm – the legal service – is distinct from the client – the Government – and ultimately it is up to the client to decide whether or not to follow legal advice.

“Our reputation as a trusted financial and business centre is built on the rule of law... If our Government ignores legal advice, and needs to be ordered by the courts to follow the law, that reputation will be irreparably damaged,” said Mr Wong.

He noted that in many jurisdictions, the courts are in a combative relationship with the executive branch, and costly litigation is a popular route of policy change.

One possible reason why Singapore has not followed this path is that the Government has a practice of seeking the Attorney-General’s legal advice before taking actions that may be subject to judicial review, he said, giving the recent example of

the repeal of Section 377A of the Penal Code

, the law that criminalised sex between men. 

Mr Wong said that in carrying out its job, the legal service is respectful of the Government’s democratic mandate, and aims to facilitate the Government in achieving its policy agenda in accordance with the law.

Nevertheless, the advice given is firm and realistic. “We do not give the impression that something is legally defensible when it is not,” he said.

He gave the example of how the legal service advised the Government on the legality of Covid-19 vaccination-differentiated safe management measures and drafted the implementing legislation. Some of these measures were challenged in court, but passed the test.