Tributes pour in as legal legend Andrew Phang retires from apex court
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Justice Andrew Phang and his wife (left) leaving the Supreme Court after a rare valedictory reference was convened in his honour.
ST PHOTO: CHONG JUN LIANG
SINGAPORE - He was the first Singapore legal scholar to publish in top international law journals and, at the age of 48, the youngest person to be appointed a Judge of Appeal.
On Monday, for the third time in the history of the Singapore judiciary, a rare valedictory reference was convened in honour of Justice Andrew Phang, who will retire as Justice of the Court of Appeal on his 65th birthday on Dec 15, 2022.
Speaking to nearly 400 members of the legal community at the Supreme Court auditorium, Chief Justice Sundaresh Menon said he tried for weeks to persuade Justice Phang to extend his tenure on the apex court for another three years, but the latter was “resolute”.
The Chief Justice added that Justice Phang did not want the event to be held, but his wife persuaded him to agree.
A valedictory reference is a formal sitting of the full Supreme Court Bench to pay tribute to distinguished members of the Bench.
The first was held in 1990 for retiring Chief Justice Wee Chong Jin. The honour was also bestowed on Justice Chao Hick Tin
“Justice Phang is a most worthy addition to that pantheon of Singapore’s legal legends,” said Chief Justice Menon.
Six other speakers – Ms Indranee Rajah, Minister in the Prime Minister’s Office; Attorney-General Lucien Wong; Judicial Commissioner Goh Yihan; Law Society president Adrian Tan; Senior Counsel Davinder Singh; and Deputy Senior State Counsel Scott Tan – also delivered moving tributes to Justice Phang.
Justice Phang taught at the National University of Singapore’s law faculty from 1982 to 2000, and was appointed professor of law in 1999. In 2000, he was appointed professor of law at the Singapore Management University and a year later became chair of the law department at SMU’s Business School.
In 2004, he became the first academic to be appointed Senior Counsel, despite not making any application for the title.
He joined the Supreme Court Bench as Judicial Commissioner in January 2005, was made a Judge in December that year, and elevated to Judge of Appeal just over a year later in February 2006.
In his speech, Chief Justice Menon recalled that he and Ms Indranee were taught by Justice Phang while they were “freshies” at the NUS Law School in 1982.
The Chief Justice lauded Justice Phang as “one of the most influential legal thinkers in our history”, while Mr Singh, who was a classmate in law school with Justice Phang, described him as a self-effacing “certified genius”.
Mr Singh spoke of how, when they were law students, one tutor would turn to Justice Phang and say “Andrew, what do you think?” when a student asked a diffcult question.
Chief Justice Menon noted that Justice Phang has a “prodigious output” of more than 260 academic publications and around 400 judgments to his name.
Chief Justice Sundaresh Menon noted that Justice Andrew Phang has a “prodigious output” of more than 260 academic publications and around 400 judgments to his name.
ST PHOTO: CHONG JUN LIANG
Ms Indranee, describing Justice Phang as one of Singapore’s most outstanding legal scholars, said: “He played an outsized role in developing Singapore law for more than 20 years.”
She noted that he wrote extensively on many aspects of Singapore law and the Singapore legal system, including the field that he is synonymous with – contract law.
Justice Phang was equally adept at analysing complex criminal cases, said Mr Wong, citing his landmark judgment in the City Harvest Church case, where the Court of Appeal clarified the interpretation of a provision dealing with a more serious form of criminal breach of trust.
“Justice Phang was steadfast in his belief that hard cases should not be allowed to make bad law. He handed down sentences that accorded with legal principles, not with prevailing public sentiments,” he added.
Justice Andrew Phang signs a book celebrating his work as a judge. The book was launched at the event.
ST PHOTO: CHONG JUN LIANG
The speakers also feted Justice Phang for his humanity and kindness – he always makes the effort to reply to e-mails with an expression of thanks and invariably inquires after the health and well-being of young colleagues.
Justice Phang was choked up after hearing the tributes, and took the opportunity to remember the late Chief Justice Yong Pung How for making the “bold recommendation” that resulted in his appointment to the Bench.
A book celebrating his work as a judge was also launched at the event.
Justice Phang will begin his term as Senior Judge from Jan 2, 2023, to Jan 4, 2024. Senior judges are former Supreme Court judges who are reappointed for fixed terms to handle specific cases.
