K. S. Rajah

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K. S. Rajah
File:Kasinather Saunthararajah.jpg
Office Judicial Commissioner





Term start 15 May 1991
Term end 2 March 1995







Born 3 March 1930
Born Perai, Penang, Straits Settlements (now Malaysia)
Died Template:Death date and age
Place of death Singapore






Alma mater University of Singapore (LL.B. (Hons.), 1963)



Kasinather Saunthararajah Template:Small Template:Small (3 March 1930 – 17 June 2010),[1] known professionally as K. S. Rajah, was a Senior Counsel and Judicial Commissioner of the Supreme Court of Singapore. Born in Penang, he came to Singapore in 1950 and worked as a teacher before embarking on part-time law studies at what was later known as the University of Singapore, graduating in 1963 with a Bachelor of Laws with honours (LL.B. (Hons.)). He then spent the next 22 years with the Singapore Legal Service, eventually heading the civil and criminal divisions of the Attorney-General's Chambers and also serving as Director of the Singapore Legal Aid Bureau and head of the Official Assignee and Public Trustee's Office. In 1985 he retired from the Legal Service and went into private practice, establishing the firm of B. Rao & K. S. Rajah.

In 1991, Rajah was appointed a Judicial Commissioner of the Supreme Court of Singapore. His time on the Bench was marked by a number of significant family law cases, including one in 1991 in which he held that since the gender of a transsexual person was to be determined according to biological criteria, sex reassignment surgery did not alter a person's gender. Thus, a marriage between an individual who had undergone a female-to-male sex change operation and a woman was void, being a marriage between two persons of the same gender. The decision prompted Parliament to amend the Women's Charter in 1996 to permit transsexual people to marry in the capacity of their new gender.

Rajah retired as a judge in 1995 and joined Harry Elias & Partners (now Harry Elias Partnership LLP) as a consultant. He also became the first President of the Tribunal for the Maintenance of Parents in 1996. The following year, he was appointed Senior Counsel in the first group of lawyers to be conferred this status. A member of the Singapore Mediation Centre and the Singapore International Arbitration Centre, he was active as a mediator and arbitrator. A frequent contributor to the Malayan Law Journal and the Singapore Law Gazette, particularly on criminal law and constitutional matters, a number of his legal articles provoked controversy.

Rajah was the Chairman of the Sri Aurobindo Society Singapore, the Secretary and later the President of the Hindu Centre, and the Vice-President of the Singapore Anti-Narcotics Association. He also served with the Hindu Endowments Board and the Society for the Physically Disabled. He was conferred the Pingat Bakti Masyarakat (Public Service Medal) at the National Day Awards in August 2002, and in October 2008 received the C.C. Tan Award, which recognizes lawyers who display the highest ideals of the profession, from the Law Society of Singapore.

Early years, education and career

The Queen Victoria Diamond Jubilee Clock Tower in George Town, Penang, photographed December 2006

The eldest of 13 children of a Sri Lankan couple, K. S. Rajah was born in Perai,[2] Province Wellesley (now Seberang Perai), Penang, in what was then the Straits Settlements (now Malaysia) on 3 March 1930.[3] His father was a clerk, and as the family was not well off he often could not afford books and had to borrow them and copy out texts by hand.[4] He was a pupil of the Bukit Mertajam High School.[5] Still a student during the Japanese Occupation, to contribute towards his family's finances he worked as a mess boy at a Japanese officers' mess and later as a translator for the Japanese authorities.[4]

Rajah left school at the age of 16 years. His first job was as a wireless operator on shore for the Penang port authority, using Morse code to communicate with vessels at sea.[3][4] Coming to Singapore in 1950, he started working as a teacher at Sembawang Primary School,[2][4] and was sent for further training in the United Kingdom in 1953 on a scholarship from the Ministry of Education.[6] On his return, he lectured at the Teachers' Training College.[2] He became a Singapore citizen in 1958.[3] In 1959 he joined the pioneer batch of law undergraduates[4] at the University of Malaya in Singapore to study law part-time;[2] in December the same year he married his wife Gnanambigai.[4] The university became known as the University of Singapore in 1962, and Rajah graduated from it with a Bachelor of Laws with honours (LL.B. (Hons.)) the following year.[7]

Rajah joined the Singapore Legal Service in 1963, becoming a deputy public prosecutor and, later, senior state counsel with the Attorney-General's Chambers.[6] He was admitted to the Bar on 18 May 1966.[8][9] He handled a number of prominent criminal matters, including the Pulau Senang prison riot[10] and Sunny Ang murder trials;[11] and the Gold Bar murder case, in which a Hong Kong seaman was found to have tried to unlawfully import 165 gold bars and 134 gold coins worth S$86,076.70 without a permit.[12] In September 1967 he led the prosecution of 262 members of the Barisan Sosialis political party (dissolved in 1988) for unlawful assembly and disturbing the peace, Singapore's largest criminal trial.[7][13] He eventually led the Chambers' civil and criminal sections[6][9][14] until 2 August 1972, when he was appointed to head the Official Assignee and Public Trustee's Office.[15] He was also the longest-serving Director of the Singapore Legal Aid Bureau.[7][16] In 1985, he retired from the Legal Service and went into private practice, establishing the firm of B. Rao & K. S. Rajah.[6][9]

Judicial Commissioner

A building with a facade of columns, a dome and a row of palm trees in front, illuminated at night
The Old Supreme Court Building, where K. S. Rajah served as a Judicial Commissioner between 1991 and 1995, photographed in May 2009

Between 15 May 1991 and 2 March 1995, Rajah served as a Judicial Commissioner of the Supreme Court of Singapore.[3][6][9] During his time on the Bench, he decided a number of significant family law cases. In Lim Ying v. Hock Kian Ming Eric,[17] he held that the gender of a transsexual person was to be determined according to biological criteria, which meant that sex reassignment surgery did not alter a person's gender. Thus, a marriage between an individual who had undergone female-to-male sex reassignment surgery and a woman was void, being a marriage between two persons of the same gender.[18] The decision prompted Parliament to amend the Women's Charter[19] to permit transsexual people to marry in the capacity of their new gender.[20] In 1992, Rajah J.C. annulled the marriage of a 21-year-old woman whose family had forced her into an arranged marriage. This was believed to have been the first judicial decision of its kind in Singapore.[21] Two years later, in another landmark case, he applied to a house-husband the principle that a divorced woman who has not contributed financially towards the acquisition of matrimonial assets is nonetheless entitled to a substantial share of them in view of her indirect contributions in the form of paying towards the household expenses or caring for the family.[22]

Return to private practice

Following his retirement as a judge, Rajah joined the law firm Harry Elias & Partners (now known as Harry Elias Partnership LLP) as a consultant.[9] He also became the first President of the Tribunal for the Maintenance of Parents, established in 1996 to entitle parents at least 60 years old and unable to maintain themselves adequately to apply for their children to be ordered to pay maintenance to them.[23] In addition, he served as Chairman of the Law Society of Singapore's Committee on Guidance for the Legal Profession on Anti-Money Laundering.[14] In 1997, Rajah was appointed Senior Counsel in the first group of lawyers to be conferred this status.[24] He was subsequently appointed a member of the Singapore Mediation Centre in 1998, and of the Singapore International Arbitration Centre in 2003. He acted as sole arbitrator and as chairman of arbitral tribunals in domestic and international arbitrations, in particular arbitrations taking place in Bangladesh and India.[4] He was also a referee of the Ministry of Manpower's Industrial Arbitration Court.[14]

Rajah was an active contributor of legal articles to the Malayan Law Journal and the Singapore Law Gazette.[14] An article in the August 2003 issue of the Law Gazette entitled "The Unconstitutional Punishment",[25] which argued that the mandatory death penalty in Singapore was contrary to the Constitution of Singapore, was obliquely criticized by the Chief Justice Yong Pung How. Rajah, appearing before Yong C.J. in an appeal, submitted that a magistrate should have allowed his client to compound her offence of abusing her maid, arguing that "[t]he idea of composition is international". The Chief Justice said that Rajah, a person of "tremendous experience and wide learning", had stated in one of his "wonderful articles" that the death penalty was unconstitutional due to international law. However, he remarked: "I am not concerned with international law. I am a poor humble servant of the law in Singapore. Little island."[26] On 22 March 2005, Rajah delivered a speech on the subject of his article at a LAWASIA conference in the Gold Coast, Queensland, Australia.[27] Another Law Gazette article published in January 2006 which argued that the Court of Appeal's conviction of two men accused of murder who had been acquitted by the High Court violated the constitutional protection against double jeopardy[28] was said by the Ministry of Law to be "legally flawed".[29]

In his last case in 2008, he represented certain minority owners of flats in the Horizon Towers condominium before the High Court in their bid to block the collective sale of the housing development supported by a majority of flat owners.[30] He argued, among other things, that the right to acquire, hold and dispose of property was enshrined in the Constitution, but failed to convince the judge.[31] Although the minority owners were unsuccessful at trial, the judgment was later reversed by the Court of Appeal.[32]

Active in volunteer work, Rajah was the Chairman of the Sri Aurobindo Society Singapore[33] the Secretary and later the President of the Hindu Centre,[34] and the Vice-President of the Singapore Anti-Narcotics Association. He also served with the Hindu Endowments Board, Kong Meng San Phor Kark See Temple, Mount Alvernia Hospital and the Society for the Physically Disabled.[4][7]

Later years

Rajah died in hospital on 17 June 2010 at the age of 80 years, having suffered from angiosarcoma,[4] a rare cancer of the lining of the blood vessels, of the scalp for a year.[7] He was survived by his wife Gnanambigai Rajah; his sons Surenthiraraj (known as Suressh; as of June 2010 he was Head of Aviation and Shipping and a civil and commercial litigation partner at Harry Elias Partnership)[35] and Yogenthiran, and daughters Jothie and Vaani; eight grandchildren; and 11 of his siblings.[36]

Awards and honours

Rajah was conferred the Pingat Bakti Masyarakat (Public Service Medal) at the National Day Awards in August 2002.[37] In October 2008 he received the C.C. Tan Award, which recognizes lawyers who display the highest ideals of the profession, from the Law Society for "his personal integrity, honesty and outstanding contributions to the legal profession".[7][38]

Selected works

Articles and book chapters

Books

  • [{{{url}}} Legal Aid: The Legal Aid in Singapore [paper delivered at the Law Association for Asia and the Western Pacific, 3rd Conference, Jakarta, 16–19 July 1973]]. Conference Organizing Committee?..
  • [{{{url}}} Drug Problems in Adolescents [SANA occasional papers; 3]]. Singapore Anti-Narcotics Association..

Notes

  1. ↑ K. S. Rajah's personal name was Saunthararajah; Kasinather was his father's personal name.
  2. ↑ 2.0 2.1 2.2 2.3 [{{{url}}} A lawyer who won't shut up](9 April 2006)..
  3. ↑ 3.0 3.1 3.2 3.3 [{{{url}}} K. S. Rajah retires from the Bench](3 March 1995)..
  4. ↑ 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 K S Rajah(September 2010)..
  5. ↑ [{{{url}}} Old boys form association in Singapore](26 June 1966)..
  6. ↑ 6.0 6.1 6.2 6.3 6.4 [{{{url}}} K. S. Rajah appointed as Supreme Court judicial commissioner](14 May 1991)..
  7. ↑ 7.0 7.1 7.2 7.3 7.4 7.5 Late lawyer 'flew the flag for underdogs': K. S. Rajah worked on many landmark cases in 40-year career and was lauded for his integrity(18 June 2010)..
  8. ↑ 2005 Election – 28 Oct 05 (Senior Category): List of practitioners that voted. Law Society of Singapore(28 October 2005)..
  9. ↑ 9.0 9.1 9.2 9.3 9.4 [{{{url}}} K S Rajah leaves Bench, joins Harry Elias & Partners](2 March 1995)..
  10. ↑ Tan Kheng Ann v. Public Prosecutor [1965] 2 M.L.J. [Malayan Law Journal] 108, Federal Court of Malaysia.
  11. ↑ Ang Sunny v. Public Prosecutor [1965–1967] S.L.R.(R) [Singapore Law Reports (Reissue)] 123, Federal Court.
  12. ↑ [{{{url}}} $86,000 gold in cabin, court told](28 September 1968).. The offender's conviction was upheld by the High Court in Yau Tin Kwong v. Public Prosecutor [1968–1970] S.L.R.(R) 586, although his sentence was reduced.
  13. ↑ [{{{url}}} Barisan trial: No politics, counsel is told](18 November 1967).; [{{{url}}} S'pore's big trial is on again – for one hour](26 October 1967)..
  14. ↑ 14.0 14.1 14.2 14.3 K S Rajah – Consultant. Harry Elias Partnership..
  15. ↑ [{{{url}}} The first woman Official Assignee resigns](31 July 1972).
  16. ↑ Exactly when Rajah became the Director of the Legal Aid Bureau is not currently known. However, he was in this post by 12 December 1972: see [{{{url}}} Rajah to lead fire evidence](12 December 1972)..
  17. ↑ [1991] 2 S.L.R.(R) 525, High Court. For commentary, see [{{{url}}} Transsexuals and the Law of Marriage in Singapore: Lim Ying v. Hock Kian Ming Eric].; [{{{url}}} Transsexuals and Sex Determination].; [{{{url}}} Recent Developments in the Law of Marriage and Divorce].. See also [{{{url}}} High Court grants an annulment to babysitter in sex-change marriage](14 June 1991)..
  18. ↑ [{{{url}}} 'Born a female, always a female' basis for ruling](26 September 1991)..
  19. ↑ Now the Template:Singapore legislation.
  20. ↑ Women's Charter (Amendment) Act 1996 (No. 30 of 1996), in force on 1 May 1997, which enacted what is now s. 12 of the Women's Charter. The provision states, in part:Template:Blockquote
  21. ↑ Geetha d/o Mundri v. Arivananthan s/o Retnam [1992] 1 S.L.R.(R) 326, High Court. See [{{{url}}} Woman succeeds in having arranged marriage annulled](17 March 1992)..
  22. ↑ Chan Yeong Keay v. Yeo Mei Ling [1994] 2 S.L.R.(R) 133, High Court. See [{{{url}}} Judge rules husband who was homemaker really the 'housewife'](14 May 1994).; [{{{url}}} Women's charter protects homemaker, female or male](16 May 1994)..
  23. ↑ Maintenance of Parents Act. Singapore Infopedia, National Library Board(30 November 2009)..
  24. ↑ [{{{url}}} Twelve lawyers named as first senior counsel](5 January 1997).; [{{{url}}} Legal eagles – twelve good men](2 February 1997)..
  25. ↑ The Unconstitutional Punishment(August 2003).. See also [{{{url}}} Lawyer wants review of 'death for murder' law](22 August 2003)..
  26. ↑ [{{{url}}} CJ on 'death penalty' article](1 October 2003)..
  27. ↑ High Court Justice Callinan speaks out against death penalty. New South Wales Council for Civil Liberties(8 April 2005). The text of the speech is available as The Mandatory Death Penalty. New South Wales Council for Civil Liberties(22 March 2005)..
  28. ↑ Appeal or Tried Again?(January 2006).. See [{{{url}}} Senior lawyer raises issue of double jeopardy](27 January 2006).. The Template:Singapore legislation, Art. 11(2), states: "A person who has been convicted or acquitted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was convicted or acquitted."
  29. ↑ [{{{url}}} Senior lawyer wrong about 'double jeopardy' [letter]](4 February 2006).; [{{{url}}} Has right to life been deprived under the law? [letter]](10 February 2006).; [{{{url}}} Double jeopardy: It's a legal question for court [letter]](17 February 2006)..
  30. ↑ Lo Pui Sang v. Mamata Kapildev Dave (Horizon Partners Pte. Ltd., intervener) [2008] 4 S.L.R.(R) 754, High Court. See The Horizon Towers show(7 October 2007)..
  31. ↑ See also [{{{url}}} Right to hold property guaranteed by law [letter]](20 March 2008)..
  32. ↑ Ng Eng Ghee v. Mamata Kapildev Dave (Horizon Partners Pte. Ltd., intervener) [2009] 3 S.L.R.(R) 109, Court of Appeal, which Rajah was not involved in. The constitutional point was not pursued on appeal.
  33. ↑ [{{{url}}} Sri K. S. Rajah [condolence notice]](18 June 2010).,
  34. ↑ [{{{url}}} 'Hinduism is relevant'](13 September 1982).; [{{{url}}} Sri K. S. Rajah [condolence notice]](19 June 2010)..
  35. ↑ S Suressh. Harry Elias Partnership LLP..
  36. ↑ [{{{url}}} K S Rajah [obituary notice]](18 June 2010)..
  37. ↑ [{{{url}}} National Day award winners](12 August 2002)..
  38. ↑ [{{{url}}} K S Rajah conferred C C Tan Award by Law Society](11 October 2008)..

References

Further reading

  • [ The Law Gazette Pays Tribute to the Late Mr KS Rajah, SC](September 2010)..

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