Heated exchange in TR Emiratus and people questioning about nepotism and cronyism by Singapore and NUS and how Simon Chesterman was promoted to Dean of NUS Law School.
http://www.tremeritus.com/2013/12/01/prof-who-didnt-become-nus-law-dean-assumes-law-dean-in-hku/
NUS Professor Michael Hor Yew Meng has been selected to become law dean, not in NUS but in the University of Hong Kong (HKU) instead. It was announced by HKU on Friday (29 Nov).
He will be taking over in July next year from Professor Johannes Chan Man-mun, who has been law dean of HKU for more than a decade.
Prof Hor told the Hong Kong media that he was “deeply honoured” by the appointment and would do all in his power to nurture the spirit of liberty passed down by HKU academics.
He said:
“Essential to any faculty, indeed any university of any note, is the protection of the freedom of thought and conscience, of speech and expression, of assembly and association, and with it the freedom of academic endeavour.”
HKU vice-chancellor Professor Tsui Lap-chee described Prof Hor as an “inspiring and passionate teacher”. Prof Hor was selected after two rounds of a worldwide search by HKU.
However, according to Singapore mainstream media reports [Link], Prof Hor was seriously being considered to assume the position of law dean at NUS not too long ago.
In an interview with The Straits Times published in September 2009, then NUS law dean Prof Tan Cheng Han even cited the names of his possible successors: NUS law professor Michael Hor and Professor John Phillips from King’s College London.
Eventually, in late 2011, NUS announced that Professor Simon Chesterman, who is the son-in-law of President Tony Tan, would take over Prof Tan as the new NUS law dean with effect from January 2012. Prof Chesterman joined the faculty as an associate professor in 2007.
Prof Chesterman later said that he had been approached in 2008 for the dean’s post and that, in fact, he had turned it down as he had just joined the faculty and had not attained full professorship.
With regard to the selection of law dean, NUS said that the school’s Dean Search Committee had invited applications in November 2010 and looked for possible candidates through 18 top international law schools and identified about 60 possible candidates. NUS explained that eventually, the committee unanimously recommended Prof Simon Chesterman for the deanship, which was “approved by the NUS Board of Trustees”.
At the time of Prof Chesterman’s appointment, NUS Deputy President Prof Tan Eng Chye said that Prof Chesterman “has the necessary experience and drive to make one of the top law schools in Asia even better”.
Prof Hor has been known to be critical of some of the judicial judgements. In particular, he has scrutinized the nature of section 8B(2) of the Internal Security Act. The Internal Security (Amendment) Act 1989 introduced section 8B(2), which is an ouster clause providing that no judicial review of orders made under the ISA shall be available save in relation to questions relating to the procedural requirements of the ISA.
In other words, an ouster clause essentially is an attempt by the legislature to prevent an act or decision by a public authority from being challenged before the courts. Such clauses thus serve as a signal to decision-makers that they may operate without fear of intervention by the courts at a later stage.
In Teo Soh Lung vs MHA case, the Court of Appeal declined to address the constitutionality of section 8B and, in particular, how section 8B(2) should be interpreted. In his book “Constitutionalism and Subversion – An Exploration” published in 2009, Prof Hor had described the judiciary’s reluctance to address these points as “an elegant piece of judicial ‘kung fu’” in which it chose to evade the problem.
Prof Hor obtained his first degree at NUS, followed by Bachelor of Civil Law studies at Oxford University. He also holds a Master of Laws degree from the University of Chicago.