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Singapore High Court provides guidance on legal professional privilege

legal professional privilege

Who should determine legal professional privilege on seized materials?

The Singapore High Court has delivered judgment in a case that could help clarify who should determine if material seized by the police is subject to legal professional privilege, and how that material should be handled.

The case is the first time the Singapore court has examined the assertion of legal professional privilege by an accused person who is a lawyer himself over materials seized by the police.

Solicitor and advocate M Ravi was suspected of contempt of court after a post appeared on Facebook referring to a petition filed on behalf of one of his clients. The police seized his laptop and phone, prompting Ravi to claim legal professional privilege over their contents.

Although Judge Ang Cheng Hock dismissed the application (57 page / 343KB PDF), saying Ravi had not established a prima facie case of reasonable suspicion that the contents of the seized items were privileged, he also set out conclusions about the procedure for reviewing potentially privileged material. read more

Source: Si En Tan | Pinsent Masons