April 28, 2017

RHTLaw Taylor Wessing Managing Partner Tan Chong Huat and General Counsel Alvin Chen shared with The Straits Times how airlines should be obligated to inform passengers of their rights if a flight is overbooked

RHTLaw Taylor Wessing Managing Partner Tan Chong Huat and General Counsel Alvin Chen shared with The Straits Times how airlines should be obligated to inform passengers of their rights if a flight is overbooked The article was first published in The Straits Times on 28 April 2017.   Regulate airlines' discretion in bumping passengers off overbooked flights Source: Straits Times © Singapore Press Holdings Ltd. Date: 28 Apr 2017 Author: Tan Chong Huat and Alvin Chen The recent dramatic eviction of a passenger from a United Airlines flight in the United States has prompted debate in Singapore on the common industry practice of overbooking, and raised concerns whether consumer rights are adequately protected. While the economic benefits of flight overbooking to airlines are obvious - to ensure that the number of vacant seats is kept to a minimum and, thereby, maximise the revenue for each flight - the heart of the matter is how airlines exercise their discretion to "bump off" passengers. Currently, there is no legislative framework in Singapore which governs the exercise of such discretion. In contrast, European Union Regulation 261/2004, enacted in 2004 to protect passenger rights, requires airlines "to reduce the number of passengers denied boarding against their will" by calling for volunteers to surrender their reservations, in exchange for compensation that is prescribed in these regulations. If there are insufficient volunteers, the airline may then proceed to deny boarding to passengers against their will. A similar regime is found in the US Code of Federal Regulations, which requires an airline to request volunteers before denying boarding. A volunteer is defined as someone who "willingly accepts the carrier's offer of compensation, in any amount", in exchange for giving up the seat. If there are insufficient volunteers, the airline can deny boarding to other passengers "in accordance with its particular boarding priority", subject to compensation. An airline's boarding priority rules are, however, no guarantee that a bumped-off passenger has been treated fairly. For example, in a lawsuit brought by the well-known American consumer advocate Ralph Nader against Allegheny Airlines in the early 1970s, the defendant airline had bumped off Mr Nader, who was due to give a speech to a public advocacy group, from one of its flights which had been overbooked. Mr Nader alleged that the defendant had contravened a provision in the US Federal Aviation Act, which prohibited an air carrier from subjecting passengers to unjust discrimination, or undue or unreasonable prejudice or disadvantage. Under the defendant's boarding priority rules, passengers with an "OK" marking on their tickets, or whose names were on a computerised list, had confirmed reservations and were to be boarded. After the flight had been boarded to capacity, Mr Nader, who had a confirmed reservation, arrived late at the boarding gate. He was not permitted to board as he was considered an "oversold" passenger under the boarding priority rules. The US court, however, found that the defendant had failed to comply with its own boarding priority rules, as it had denied Mr Nader's boarding priority by allowing at least one other oversold but lower-priority passenger, to board the flight. Admittedly, notwithstanding the absence of a legislative framework in Singapore, it may well be industry practice for air carriers departing from Singapore to adopt the approach in Europe and the US - ask for volunteers first, then deny boarding. However, such a practice is likely to result in inefficient negotiations, as the passenger cannot be certain about the amount of compensation the airline is willing to offer in exchange for denial of boarding, which would not be the case if clear compensation laws were in place, as in Europe and the US. Moreover, if this practice is applied inconsistently, both the airline and the passenger would be effectively negotiating in the dark about each other's positions. Coupled with the relatively tight timeframe that such negotiations must be completed before take-off and the potential permutations of each airline's boarding priority rules, one would expect that complaints against overbooking would be regularly lodged with the Consumers Association of Singapore (Case). However, following the United Airlines debacle, Case was cited in a media report as stating that no complaints against overbooking had been lodged since January last year. One plausible reason that may explain the apparent gap between theory and reality in Singapore is that because overbooking is a long-established practice, airlines have become adept at resolving the impasse if no volunteers step forward initially. As mentioned in The Sunday Times report on April 16 (No Room On The Plane), airlines may simply increase the incentives for denial of boarding. Also, given the large pool of potential "volunteers" available, it should not be too difficult to find a few passengers who are willing to be bumped off in exchange for adequate compensation. Compensated passengers are unlikely to be motivated to make a complaint to Case even though their negotiations with the airline may have taken more time and effort than necessary. Unless one is forced off the plane involuntarily, as in the United Airlines incident, there would not be clear cause for complaint. Nevertheless, the absence of consumer complaints may not be conclusive evidence that the market is working efficiently and no legislative intervention is required. Where there is poor management of oversold seats, the authorities must step in to achieve a better balance between the interests of passengers and those of airlines, and promote better customer-handling procedures. One area of concern is whether airlines should be permitted to deny boarding to vulnerable passengers, such as the elderly or the illiterate, on the basis that they had agreed to compensation. Such consumers may, however, not have understood the full ramifications of being denied boarding or appreciated the adequacy of the compensation offered. Under the US Code of Federal Regulations, it may be arguable whether they would be considered volunteers if their "willingness" to accept compensation was procured by improper influence. The lack of statutory guidance in Singapore on how airlines should exercise their discretion to bump off passengers may result in arbitrary or, worse, unlawful decisions, which should not be shielded by the "defence" of industry practice. In the interest of consumer protection in Singapore, clear provisions on the procedure for denying boarding and compensation amounts should be set out in statute, so as to address the information gap faced by passengers. Airlines should also be obligated to inform passengers of their rights to compensation and assistance, similar to those set out in Article 14 of EU Regulation 261/2004. Treating passengers fairly would not only be consistent with the position in Europe and the US, but would also reinforce Singapore's reputation as one of the world's top air hubs. Mr Tan Chong Huat is managing partner and Mr Alvin Chen is general counsel, legal and compliance, at RHTLaw Taylor Wessing.
April 27, 2017

Head of Intellectual Property & Technology Practice Jonathan Kok quoted in The Straits Times on the potential legal liabilities application companies could face

RHTLaw Taylor Wessing Head of Intellectual Property & Technology Practice Jonathan Kok was quoted in The Straits Times on the topic of measures to keep live streaming applications’ content in check. The article was first published in The Sunday Times on 26 April 2017. Measures in place to keep content in check Source: Straits Times © Singapore Press Holdings Ltd. Date: 27 Apr 2017 Author: Lester Hio When Bigo Live launched last year, the app quickly gained notoriety from streamers dressing provocatively and toeing the fine line between performing and explicit content. Now, both Bigo Live and BeLive, aware that people will abuse the adage that sex sells for the prospect of easy money by strutting their stuff in front of a camera, have measures in place to keep content clean. Both apps have age restrictions in place. Streamers who show explicit content are banned, as are users who use profanity or make abusive and derogatory remarks. "Censorship moderators and artificial-intelligence censors are available 24/7 to monitor content, and live streamers who fail to abide by the rules risk a permanent ban," said a Bigo Live spokesman. BeLive takes it one step further by banning the mobile phones of repeat offenders, using the phone's Unique Device Identifier so that banned users can't access the app. BeLive moderators are also alerted each time a new stream is started, and will monitor it for unsavoury content. "It can be quite obvious from the first five minutes of the streamer's opening act what he or she is up to," said BeLive co-founder Lim Kim Hui. Such concerns are potential legal pitfalls that both companies want to avoid in order to sustain the business. "If an app company comes to know about an obscene video but does nothing about it, then the app company could be liable," said lawyer Jonathan Kok, head of intellectual property and technology at RHTLaw Taylor Wessing. "An app company that wants to be a credible social media site would impose rules and regulations to ensure that the user-generated content is kept clean."
April 26, 2017

RHT Subhas Anandan Bursary Award Supports Children of Employees in Meeting Education Expenses

Into its 2nd year, the RHT Subhas Anandan Bursary Award was presented to four of our colleagues’ children today. All of them are students pursuing either their secondary or post-secondary education. The quantum awarded to each student ranges from $400 to $500, with a total of $2400 being awarded in all. Established in 2015, the Bursary Award helps children of the staff of RHTLaw Taylor Wessing and RHT Group of Companies to meet education expenses. Named in honour of the late Subhas Anandan, a Senior Partner at RHTLaw Taylor Wessing, the Bursary Award is a tribute to his legacy of helping others in need.  A man for others, Subhas cared not only for the unprivileged and unrepresented, but for fellow colleagues as well. A bursary scheme was an initiative he had wanted to start. Last year, the RHT Subhas Anandan Bursary Award supported six students with a total awarded amount of $2000.   RHT Subhas Anandan Bursary Award ceremony was featured in The Straits Times Online. The article was first published in The Straits Times Online on 26 April 2017. Five students receive RHT Subhas Anandan Bursary Award in honour of late criminal lawyer Source: Straits Times Online © Singapore Press Holdings Ltd. Date: 26 Apr 2017 Author: Camillia Deborah Dass It was supposed to be one of the biggest days of any mother's life - her daughter's wedding day. However, that morning, Huzaimah Haji Tanon, 53, suffered a stroke and died two weeks later. Since then her family has struggled to manage on a single income, but on Wednesday (April 26), her son Muhammad Irman Abdul Aziz, 18, got help with his educational expenses through the RHT Subhas Anandan Bursary Award. He was one of the five students who received the bursary, which was established in 2015 and launched in 2016. It was named in honour of the late Subhas Anandan, who was a notable criminal lawyer and a senior partner at RHTLaw Taylor Wessing. The award, which is sponsored by RHTLaw Taylor Wessing and RHT Group of Companies, aims to help children of staff meet their educational expenses by awarding deserving recipients with amounts between $200 and $600, depending on their educational level. Students are selected based on both academic as well as extra-curricular performances. Deputy managing partner at RHTLaw TaylorWessing, Mr Azman Jaafar, 52, said at the ceremony: "Subhas was a man for others. He had a heart of gold not just for the underprivileged and underrepresented, but also for the people in our midst - our staff who have worked tirelessly through these years." Irman is currently in his final year at the Institute of Technical Education (ITE) where he is pursuing a career in opticianry. He intends to apply to a polytechnic, after graduating from ITE, and eventually go to a university. "I'm going to use the money for food and transport and things like that so I don't have to keep asking my dad for money," he said. His father, Abdul Aziz Latiff, 49, who is a dispatch clerk at the firm, said: "I want him to be a successful person and I want him to make the family proud."
April 24, 2017

Head of Regulatory Practice Nizam Ismail featured in The Sunday Times on the topic of binary option scams

RHTLaw Taylor Wessing Head of Regulatory Practice Nizam Ismail was featured in an article titled “Avoid getting burnt by binary option scams” in The Sunday Times’s Invest Column. The article was first published in The Sunday Times on 23 April 2017.   Spike in victims here lured by promises of high, quick and safe returns Source: Straits Times © Singapore Press Holdings Ltd. Date: 24 Apr 2017 Author: Lorna Tan In recent months, the authorities here have issued warnings to investors on a practice known as binary option trading. It is a minefield for those hoping to make a quick buck, particularly when the trading is done via unregulated platforms. The spate of warnings comes in the wake of a sharp rise in the number of complaints from investors who have suffered financial losses from such investments. The Singapore Police Force said it has received more than 40 reports from investors, including finance executives and retirees, who have made complaints over losses in trading binary options. Together, they have lost more than US$1.7 million (S$2.4 million) to unregulated binary option trading platforms. One victim was US$693,044 out of pocket. Most of the investors are Chinese Singaporean men aged between 31 and 50. The police issued a warning last December advising investors to check the lists compiled by the Monetary Authority of Singapore (MAS) to find out which investment service providers are regulated. Last month, the MAS cautioned investors about the risks in trading binary options with unregulated platforms. It considers such options risky and speculative, and sometimes fraudulent. On Friday, the police reminded the public to be alert to the risks of transacting with foreign operators without any physical presence here. "Do not transact with any parties, share personal particulars or send them any money if you are unsure. An ounce of prevention is worth a pound of cure," said a police spokesman. The warnings against binary option trading are not confined to Singapore. The authorities in the United States, Canada and other jurisdictions have warned of the risks involved in such trading, reflecting a growing worldwide problem. A report by Thomson Reuters Regulatory Intelligence stated that in 2011, the Federal Bureau of Investigation's Internet Crime Complaint Centre (IC3) received only four complaints with reported losses of more than US$20,000 from binary option fraud victims. Last year, IC3 received "hundreds of complaints with millions of dollars in reported losses". Late last year, the US Securities and Exchange Commission issued an alert to warn investors that fraudsters may conduct investment schemes through purported online binary option trading platforms. Here are eight things you should know about binary option trading. WHAT ARE BINARY OPTIONS? A binary option is a type of option contract that references an underlying instrument, where the payout will depend entirely on the outcome of a "yes" or "no" (binary) proposition. The underlying instrument can vary and may include asset classes such as shares, currencies, commodities and even the movement of interest rates. With a binary option, you are trying to predict whether the price of the underlying asset will be above or below a specified price at a specified point in time. That could range from a few minutes to a few months in the future. Mr Nizam Ismail, head of regulatory practice at RHTLaw Taylor Wessing, considers binary options high-risk products. He said: "You are predicting, for example, whether the stock price of a company will be above or below $1.50 at 2.30pm on a particular day... These are complex products and there are inherent risks. "Some unregulated platforms for binary options also have sensational headlines such as '500 per cent returns per trade', without properly disclosing the risks." WHAT CAN GO WRONG IN BINARY OPTION TRADING? It is difficult to make the correct prediction, especially when the time frame before the expiry of the binary option is short. It is very likely that you will not have time to change your prediction or resell your option once you make your investment. This makes it extremely easy to lose your entire investment. In addition, unlike other types of options, holding a binary option does not give you the right to buy or sell the underlying asset. You receive a fixed payout if your prediction is correct but lose your entire investment if you are wrong. When the binary option expires, the option holder will receive either a predetermined amount of cash or nothing at all. Given the all-or-nothing payout structure, binary options are often called "all-or-nothing options" or "fixed-return options". The way they work seems more like online wagering than a traditional option trading strategy. As such, the risk of losing your entire investment in binary option trading is high, because correctly predicting short-term price movements is difficult. HOW ARE INVESTORS LURED TO TRADE IN BINARY OPTIONS? Binary option trading is attractive because it sounds simple and the option providers or platforms often promise high, quick and safe returns. Typically, a representative of a binary option website will ask a customer to deposit money into an account where the customer can purchase binary option contracts. Take the example of a binary option trading contract involving US dollars versus Canadian dollars (USD/CAD). You may be asked to pay a minimum investment of US$1 for a binary option contract that promises a 70 per cent return (that is, a payout of US$1.70) if you predict correctly that the price of USD/CAD will be trading higher or lower than a specified strike price in five minutes' time, said the police.