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Looking Beyond The Vague Terms In Singapore's Fake News Laws, Benjamin Joshua Ong May 2019

Looking Beyond The Vague Terms In Singapore's Fake News Laws, Benjamin Joshua Ong

Research Collection School Of Law

Protection from Online Falsehoods andManipulation Act (Pofma), some criticised it for being too vague. Pofma contains words and phrases whose meaning is not explicitlyclear, e.g. statements that are “falseor misleading”, but does not define “misleading”. But case law gives us aclearer understanding of what “misleading” means


An Analysis Of St. Thomas Aquinas’S Position On The Relationship Between Justice And Legality, Wei Yao, Kenny Chng Oct 2018

An Analysis Of St. Thomas Aquinas’S Position On The Relationship Between Justice And Legality, Wei Yao, Kenny Chng

Research Collection School Of Law

This paper is directed at a deep investigation of Thomas Aquinas's position on the relationship between justice and legality, a perennial debate in legal philosophy - are unjust laws laws at all? Modern natural law theorists taking contradictory positions all claim to be faithful to Aquinas's ideas on the matter. Yet, they cannot all be correct. This paper aims to discern Aquinas's true position on the matter by undertaking a detailed study of Aquinas's Treatise on Law, the broader context of the Summa Theologiae within which the Treatise is situated, and Aquinas's methodological and definitional approaches.


Public And Private Enforcement Of Corporate And Securities Laws: An Empirical Comparison Of Hong Kong And Singapore, Wai Yee Wan, Christopher C. H. Chen, Say Hak Goo Mar 2018

Public And Private Enforcement Of Corporate And Securities Laws: An Empirical Comparison Of Hong Kong And Singapore, Wai Yee Wan, Christopher C. H. Chen, Say Hak Goo

Research Collection School Of Law

No abstract provided.


Should Commercial Surrogacy Be Legalised?, Seow Hon Tan Jan 2018

Should Commercial Surrogacy Be Legalised?, Seow Hon Tan

Research Collection School Of Law

Does Singapore condone commercial surrogacy? Thisquestion is in the limelight with a court judgment on a Singaporean doctor'sbid to adopt a boy he fathered through a commercial surrogacy arrangement inthe United States.


Masking Neo-Liberal Development: Polanyi, Rule Of Law And Dis-Embedding Dynamics, Mark Findlay Aug 2017

Masking Neo-Liberal Development: Polanyi, Rule Of Law And Dis-Embedding Dynamics, Mark Findlay

Research Collection School Of Law

Purpose: Polanyi in his analysis of market dis-embedding suggests a drift in economic relations from the social to the fictitious. The purpose of this paper is to add two crucial components to the dis-embedding dynamic: rule of law discourse as a market force away from the social, and through suspension of imagination and of disbelief, the incongruous compatibility of actual and fictional markets that further works against embedding.Design/methodology/approach: Theory building through the application and testing of the Polanyian market dis-embedding analysis is a central concern for the paper. Through the example of foreign direct investment (FDI) and ...


Improving Connectivity Between Asean's Legal Systems To Address Commercial Issues, Locknie Hsu, Pearlie M. C. Koh, Man Yip Aug 2017

Improving Connectivity Between Asean's Legal Systems To Address Commercial Issues, Locknie Hsu, Pearlie M. C. Koh, Man Yip

Research Collection School Of Law

This interim report on legal barriers to doing business in ASEAN coincides with the50th Anniversary of ASEAN’s founding and the first year of the ASEAN EconomicCommunity (AEC). The team is privileged to be supported by, among others, theCanada-ASEAN Business Council (CABC), given that it is also the 40th anniversary ofdialogue relations between Canada and ASEAN. Despite occasional misgivings about the “ASEAN Way”, ASEAN economic integrationhas come a very long way. The number of member States has grown over the 50years since ASEAN’s founding, and the joint efforts among these States drivingeconomic growth and integration in the region have ...


Mortgagee’S Right To Take Possession Subject To Existing Lease: United Overseas Bank Ltd V Loh Boon Hua [2015] Sghcr 9, Alvin W. L. See May 2015

Mortgagee’S Right To Take Possession Subject To Existing Lease: United Overseas Bank Ltd V Loh Boon Hua [2015] Sghcr 9, Alvin W. L. See

Research Collection School Of Law

This case raises the interesting issue of whether a mortgagee’s right to enter into possession of a mortgaged property upon the mortgagor’s default is subject to a prior and existing lease. The determination of this issue has important implications given Singapore’s sizeable rental market and the absence of prohibition against a landlord mortgaging a property that is already rented out.


The Basic Structure Doctrine In Singapore: A Reply, Benjamin Joshua Ong Nov 2014

The Basic Structure Doctrine In Singapore: A Reply, Benjamin Joshua Ong

Research Collection School Of Law

While there are important principles fundamental to the Singapore Constitution, they do not form a legally unchangeable “basic structure”. Even if it were possible to identify a substantive “basic structure”, its exact content would be indeterminate and we would be left with only broad, unhelpful truisms. Instead, the true safeguards against potential undesirable constitutional amendments lie in democratic political processes.


Public Law Theory And Judicial Review In Singapore: Jeyaretnam Kenneth Andrew V Ag [2013] Sgca 56, Benjamin Joshua Ong Dec 2013

Public Law Theory And Judicial Review In Singapore: Jeyaretnam Kenneth Andrew V Ag [2013] Sgca 56, Benjamin Joshua Ong

Research Collection School Of Law

The Court of Appeal affirmed the High Court’s ruling that the applicant had no locus standito challenge the compatibility of a loan made by the Government to the InternationalMonetary Fund with Art 144(1) of the Constitution. On the interpretation of Art 144(1), therewas no prima facie case of reasonable suspicion that such incompatibility existed. Moreover,the applicant did not have sufficient interest in the matter.


The Right To Appeal Against A Decision Made On An Interlocutory Application: The Immediate Aftermath Of The 2010 Amendments, Eunice Chua, Siyuan Chen Sep 2013

The Right To Appeal Against A Decision Made On An Interlocutory Application: The Immediate Aftermath Of The 2010 Amendments, Eunice Chua, Siyuan Chen

Research Collection School Of Law

One of the main reasons for amending the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) in 2010 was to introduce a calibrated approach towards interlocutory appeals to the Court of Appeal. The amended s 34 and the newly introduced Fourth and Fifth Scheds were interpreted for the first time in two recent Court of Appeal decisions, providing much needed guidance on the general approach towards statutory interpretation, as well as specific direction in terms of interpreting the term “order” in para (i) of the Fourth Sched and para (e) of the Fifth Sched, and the term “interlocutory ...


Iftikhar Chaudhry’S Options: Can The Courts Remake Pakistani Democracy?, Shubhankar Dam Oct 2010

Iftikhar Chaudhry’S Options: Can The Courts Remake Pakistani Democracy?, Shubhankar Dam

Research Collection School Of Law

No abstract provided.


Wrongful Convictions In Singapore: A General Survey Of Risk Factors, Siyuan Chen, Eunice Chua Jan 2010

Wrongful Convictions In Singapore: A General Survey Of Risk Factors, Siyuan Chen, Eunice Chua

Research Collection School Of Law

This article seeks to raise awareness about the potential for wrongful convictions in Singapore by analysing the factors commonly identified as contributing towards wrongful convictions in other jurisdictions, including institutional failures and suspect evidence. It also considers whether the social conditions in Singapore are favourable to discovering and publicising wrongful convictions. The authors come to the conclusion that Singapore does well on a number of fronts and no sweeping reforms are necessary However there are areas of risk viz the excessive focus on crime control rather than due process, which require some tweaking of the system.


Recent Developments In Common Intention: Lee Chez Kee V Pp [2008] 3 Slr 447 [Case Note], Nathaniel Yong Ern Khng, Siyuan Chen Sep 2009

Recent Developments In Common Intention: Lee Chez Kee V Pp [2008] 3 Slr 447 [Case Note], Nathaniel Yong Ern Khng, Siyuan Chen

Research Collection School Of Law

The Court of Appeal recently delivered an important judgment on liability for common intention. This criminal law doctrine has demanded clarification for some time, especially in regards to what is commonly known as “twin crime” situations, ie, situations where there is a primary criminal act as well as a collateral criminal act incidental to the main goal of the participants to the primary crime. In the “twin crime” situation, the participants would have intended to commit the primary criminal act but not all would have shared in the intention of one or more unidentified members of the group to also ...


From Clampdown To Limited Empowerment: Hard And Soft Law In The Calibration And Regulation Of Religious Conduct In Singapore, Eugene K. B. Tan Jul 2009

From Clampdown To Limited Empowerment: Hard And Soft Law In The Calibration And Regulation Of Religious Conduct In Singapore, Eugene K. B. Tan

Research Collection School Of Law

The focus of Singapore's response to terrorism post 9/11 has been to reach out to the “moderate, mainstream” Muslims as a bulwark against societal implosion. This article examines the broad-based endeavor toward “religious moderation.” While coercive draconian legislation remain the mainstay against extremists and radicals, the mobilization of soft law, aspirational norms, and values are consciously woven into the state's endeavors to enhance society's resilience and cohesion. They also seek to regulate religious conduct at a time when the state wishes to entrench secularism as a cornerstone of the governance of a multi-racial, multireligious society. Rights ...


Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen Dec 2008

Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen

Research Collection School Of Law

The law on apparent bias has been mired in some controversy following the High Court decision of Re Shankar Alan s/o Anant Kulkarni, where Sundaresh Menon J.C. seemingly departed from the tentative views of Andrew Phang J.C. (as he then was) in Tang Kin Hwa v. Traditional Chinese Medicine Practitioners Board on the issue of whether there were any material differences between the “reasonable suspicion of bias” test and the “real likelihood of bias” test, the two formulations of the test for apparent bias that have been variously adopted by different jurisdictions in the common law world ...


Pakistan Lawyers' Movement: A Losing Cause?, Shubhankar Dam Feb 2008

Pakistan Lawyers' Movement: A Losing Cause?, Shubhankar Dam

Research Collection School Of Law

On 13 January, the Pakistan Bar Council (PBC) voted to end the continuous boycott of judges who swore oath's under the country's Provisional Constitution Order and to instead substitute "a complete boycott of the superior judiciary every Thursday and a one-hour token strike on a daily basis." Predictably, the decision created a furor: for many, it was a sell-out. Both the Lawyers National Action Committee (LNAC) and the Supreme Court Bar Association (SCBA) quickly denounced the decision as "contradictory" and "against the spirit of the lawyers' sacrifices." The provincial bar councils, the high court bar associations and the ...


Can A Legislative Assembly Function Without An Executive Government Under The Indian Constitution?, Shubhankar Dam Jan 2008

Can A Legislative Assembly Function Without An Executive Government Under The Indian Constitution?, Shubhankar Dam

Research Collection School Of Law

Can the Governor dissolve a Legislative Assembly under the Indian Constitution even before convening its first meeting on the ground that no party had adequate mandate to form the government? That was the question posed before the Supreme Court in Rameshwar Prasad. The Court held in the affirmative. For the Court, a Legislative Assembly can be brought into existence only when some members of the Legislature are in a position to form the Executive Government (the Cabinet). This short comment proposes an argument to the contrary. I argue that the Supreme Court's conclusion was made possible by a method ...


Natural Justice: A Case For Uniform Rigour, Siyuan Chen, Lionel Leo Jan 2008

Natural Justice: A Case For Uniform Rigour, Siyuan Chen, Lionel Leo

Research Collection School Of Law

This note considers if there is a discernible framework in which courts resolve alleged claims of breaches of natural justice. On the one hand, once it has been ascertained that the rules of natural justice apply, the court will look at all the circumstances of the case to determine if there has been any u nfairness. On the other hand, it has been suggested th even assuming the rules of natural justice apply, there can be varying degrees of rigour in which they are enforced, a sliding scale of sorts.


Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan Dec 2007

Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan

Research Collection School Of Law

The maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations has become a key governance concern post-September 11. In light of the global concern—and often paranoia—with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a “conflict of civilization” between the Muslim world and the modern world. Having declared itself a terrorist's “iconic target,” Singapore has taken a broad-based community approach in advancing inter-religious tolerance, including a subtle initiative to include the “Muslim ...


Lawyers And Great Expectations In Pakistan, Shubhankar Dam Nov 2007

Lawyers And Great Expectations In Pakistan, Shubhankar Dam

Research Collection School Of Law

No abstract provided.


Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan Oct 2007

Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan

Research Collection School Of Law

The proposed research will examine Singapore’s response to terrorism post September 11, in particular the maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations. In light of the global concern—and often paranoia—with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a ‘conflict of civilization’ between the Muslim world and the modern world. Islamist attacks in Madrid and London have since brought increased urgency to the question of how to contain or moderate ...


The Right Of Access To Justice: Judicial Discourse In Singapore And Malaysia, Gary Chan Apr 2007

The Right Of Access To Justice: Judicial Discourse In Singapore And Malaysia, Gary Chan

Research Collection School Of Law

This is an essay on judicial discourse in Singapore and Malaysia pertaining to the nature and scope of the right of access to justice, including access to justice for the poor. We will examine the statements and pronouncements by the Singapore and Malaysia judiciary in case precedents and extra-judicial statements. Some of the issues explored include the legal status of this right of access to justice (namely, whether it is a right enshrined in the constitution or merely a right derived from the common law and whether it is qualified by economic and other interests) and the associated rights of ...


In Defence Of The Supreme Court: A Conservative View, Shubhankar Dam Jan 2007

In Defence Of The Supreme Court: A Conservative View, Shubhankar Dam

Research Collection School Of Law

No abstract provided.


The Supreme Court And The Hamiltonian Dilemma, Shubhankar Dam Jan 2007

The Supreme Court And The Hamiltonian Dilemma, Shubhankar Dam

Research Collection School Of Law

No abstract provided.


The Constitutionality Of The President To Hold Another Office Act, 2004: A View From India, Shubhankar Dam Jan 2007

The Constitutionality Of The President To Hold Another Office Act, 2004: A View From India, Shubhankar Dam

Research Collection School Of Law

No abstract provided.


Pakistani Supreme Court And Constitutional Space, Shubhankar Dam Jan 2007

Pakistani Supreme Court And Constitutional Space, Shubhankar Dam

Research Collection School Of Law

No abstract provided.


Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee Jan 2007

Interpreting Bills Of Rights: The Value Of A Comparative Approach, Jack Tsen-Ta Lee

Research Collection School Of Law

In certain jurisdictions, among them Malaysia, Singapore, and the United States, the practice of consulting comparative legal materials in interpreting domestic bills of rights has been criticized as illegitimate. This article examines four main concerns: (1) the texts of bills of rights -- the argument that a bill of rights is to be interpreted within its own four walls and not in the light of analogies drawn from other jurisdictions; (2) national identity -- the argument that a bill of rights embodies the values of a nation's people, and it is wrong to refer to foreign experiences to determine such values ...


China’S Legal Battles In The Wto, Henry S. Gao Jan 2006

China’S Legal Battles In The Wto, Henry S. Gao

Research Collection School Of Law

For many observers, a major practical question raised by China’saccession to the WTO is the following: Can the DSScopewithChina? On the one hand, there is alegalistic rule-based disputesettlement system, which has been regarded by some aS the“crown-jewel of the WTO” as well as “the most important


Statute And Public Policy In Private International Law: Gambling Contracts And Foreign Judgments, Tiong Min Yeo Jan 2005

Statute And Public Policy In Private International Law: Gambling Contracts And Foreign Judgments, Tiong Min Yeo

Research Collection School Of Law

This note argues that because there is a legal distinction between the public policy defence to the enforcement of foreign judgments under the common law and the corresponding defence in the Reciprocal Enforcement of Commonwealth Judgments Act, the prohibition against the enforcement of foreign wagering transactions under Singapore law is no longer founded on public policy.


Re-Examining Public Policy: A Case For Conditional Fees In Singapore?, Gary Chan Apr 2004

Re-Examining Public Policy: A Case For Conditional Fees In Singapore?, Gary Chan

Research Collection School Of Law

Conditional fee agreements are currently prohibited in Singapore. The Singapore courts still adhere to the public policy considerations expressed in the English common law which proscribe maintenance and champerty. However, the United Kingdom as well as Ontario (Canada) and Australia have recently ‘departed’ from the old system prohibiting conditional fee agreements. It is thus timely for Singapore to re-examine the public policy arguments against conditional fee agreements and inquire whether a conditional fee based system ought to be introduced. Apart from the above jurisdictions, lessons will also be drawn from the problems and issues faced by the US and the ...