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Full-Text Articles in Social and Behavioral Sciences

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 Fiduciary Doctrine As A New Pathway: An Alternative Approach To Analysing Native Customary Rights In Sarawak, Hang Wu Tang Dec 2013

The Fiduciary Doctrine As A New Pathway: An Alternative Approach To Analysing Native Customary Rights In Sarawak, Hang Wu Tang

Research Collection School Of Law

This paper explores the use of the fiduciary doctrine whereby the state is conceived as a fiduciary vis-à-vis her native peoples and attendant equitable remedies are made available for the native customary rights over land in Sarawak. Thus far, most challenges to extinguishment of native customary rights in Sarawak have proceeded on constitutional grounds, with little success. This article draws on the jurisprudence of fiduciary law in other parts of the Commonwealth and argues that this is a viable alternative cause of action against the state.


Case Comment: A New Framework For The Implication Of Terms In Fact, Yihan Goh Dec 2013

Case Comment: A New Framework For The Implication Of Terms In Fact, Yihan Goh

Research Collection School Of Law

In Sembcorp Marine Ltd v PPL Holdings Pte Ltd the Singapore Court of Appeal once again reaffirmed the Singapore courts’ rejection of the approach adopted by Lord Hoffmann in Attorney General of Belize v Belize Telecom Ltd which characterised the implication of a term in fact as a process of contractual interpretation. What may be of interest to practitioners and academics of common law jurisdictions wrestling with the implications of the Belize approach is the Court of Appeal’s prescription of ‘a three-step process’ for the implication of terms in fact, which is accompanied by an in-depth discussion of various ...


Autochthonous Constitutional Design In Post-Colonial Singapore: Intimations Of Confucianism And The Leviathan In Entrenching Dominant Government, Eugene K. B. Tan Nov 2013

Autochthonous Constitutional Design In Post-Colonial Singapore: Intimations Of Confucianism And The Leviathan In Entrenching Dominant Government, Eugene K. B. Tan

Research Collection School Of Law

Does Singapore's approach to institutional design vis-avis political representation prioritize strong and effective government, or is the goal one that is geared towards a representative government as a means of enhancing political governance? his paper examines the series of amendments to Singapore's Constitution and related legislation, between 1984 and 1990, and in 2010, which relate to political representation in Singapore's electoral system and unicameral legislature. At one level, the changes are part of the endeavor to retain Parliament's standing as the focal point of Singapore's Westminstermodeled system of government. The constitutional changes reflect the political ...


The Next Step For Myanmar, Michael Shank, Vani Sathisan Oct 2013

The Next Step For Myanmar, Michael Shank, Vani Sathisan

Research Collection School Of Law

Last week, the Elders, led by ex-U.S. president Jimmy Carter, called for an end to impunity over the anti-Muslim attacks in Myanmar and the "meaningful realization of the right to freedom of religion." But their three-day visit with reformist President Thein Sein, religious leaders and civil society groups was not the only international appeal for increased attention. In her first visit to Singapore, this month Nobel Peace Prize Laureate and Myanmar opposition leader Aung San Suu Kyi also offered up a solution to current problems of sectarian violence, corruption, a crippled judicial system and illegal land grabs that plague ...


The Singapore Personal Data Protection Act And An Assessment Of Future Trends In Data Privacy, Warren B. Chik Oct 2013

The Singapore Personal Data Protection Act And An Assessment Of Future Trends In Data Privacy, Warren B. Chik

Research Collection School Of Law

In the first part of this paper, I will present and explain the Singapore Personal Data Protection Act (“PDPA”) in the context of legislative developments in the Asian region and against the well-established international baseline privacy standards. In the course of the above evaluation, reference will be made to the national laws and policy on data privacy prior to the enactment of the PDPA as well as current social and market practices in relation to personal data. In the second part of this paper, I will decipher and assess the future trends in data privacy reform and the future development ...


Contractual Interpretation In Indian Evidence Act Jurisdictions: Compatibility With Modern Contextual Approach, Yihan Goh Sep 2013

Contractual Interpretation In Indian Evidence Act Jurisdictions: Compatibility With Modern Contextual Approach, Yihan Goh

Research Collection School Of Law

This paper examines the approaches towards contractual interpretation taken by Commonwealth jurisdictions governed by the Indian Evidence Act. While some of these jurisdictions import the modern contextual approach into their domestic approaches, it will be argued that it is largely compatible with the Indian Evidence Act. In particular, it will be shown that a limited adoption of the modern contextual approach is permissible, namely one involving the limited admissibility of extrinsic evidence to interpret contracts, subject to the requirement of ambiguity. An integrated approach may represent the best way of following the modern contextual approach, while remaining faithful to the ...


Asean's Liberalization Of Legal Services: The Singapore Case, Pasha Li-Tian Hsieh Sep 2013

Asean's Liberalization Of Legal Services: The Singapore Case, Pasha Li-Tian Hsieh

Research Collection School Of Law

This article examines the liberalization of legal services in the Association of Southeast Asian Nations (“ASEAN”) within the framework of the ASEAN Economic Community and ASEAN’s free trade agreements. Although trade in legal services is important to ASEAN’s goal as a “single market and production base,” the article challenges the weaknesses of ASEAN’s legal services liberalization. It then explores Singapore’s experiment on the regulations of foreign law firms and foreign lawyers, which have become substantially liberalized in the past decade. The article argues that while Singapore may serve as a positive example, ASEAN countries should be ...


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 ...


The Future Of The Similar Fact Rule In An Indian Evidence Act Jurisdiction: Singapore, Siyuan Chen Sep 2013

The Future Of The Similar Fact Rule In An Indian Evidence Act Jurisdiction: Singapore, Siyuan Chen

Research Collection School Of Law

In yet another attempt to bridge the gap between the rules of an antiquated statute and the modern realities of practice, Singapore’s Evidence Act was amended in 2012. Certain relevancy provisions were amended to allow greater admissibility of evidence. While new provisions were introduced to act as a check against abuse, oddly some similar fact provisions were left intact. This paper explains why the 2012 amendments have rendered the future of these enactments very uncertain. This paper also suggests a number of tentative recommendations as regards future legislative change or judicial interpretation. To the extent that Singapore’s Evidence ...


Discovering The Right To Criminal Disclosure: Lessons From Civil Procedure, Denise Huiwen Wong Sep 2013

Discovering The Right To Criminal Disclosure: Lessons From Civil Procedure, Denise Huiwen Wong

Research Collection School Of Law

The amendments to the Criminal Procedure Code (Cap 68, 1985 Rev Ed) and subsequent case law developments have created a patchwork of rules governing the disclosure obligations of parties in criminal cases. This article argues that parties have thereby been endowed with a right that is exercisable in the courts to access the material to which the law says they are entitled. However, there are currently no proper procedural mechanisms in place for parties to make interlocutory applications to obtain such material. This article examines the competing values and ideals of a criminal discovery regime, and suggests that concepts such ...


Hougang By-Election Case: What Court Decision On By-Election Reveals, Jack Tsen-Ta Lee Aug 2013

Hougang By-Election Case: What Court Decision On By-Election Reveals, Jack Tsen-Ta Lee

Research Collection School Of Law

The Singapore Court of Appeal’s judgment in Vellama d/o Marie Muthu v Attorney-General [2013] SGCA 39 – popularly known as the Hougang by-election case – shows that the Court sees its role as policing the margins rather than involving itself in the heart of politics. The Court held that the Government was incorrect in asserting the Constitution confers on it the discretion not to hold a by-election at all after a parliamentary seat falls vacant. The judgment came as a surprise to those used to a judicial stance fairly deferential towards the Government, but on balance the Court did accord ...


Following English Footsteps? An Empirical Study Of Singapore's Reported Insurance Judgments And Disputes Between 1965 And 2012, Christopher C. H. Chen Jul 2013

Following English Footsteps? An Empirical Study Of Singapore's Reported Insurance Judgments And Disputes Between 1965 And 2012, Christopher C. H. Chen

Research Collection School Of Law

This article presents an empirical study of the development of Singapore’s insurance contract law in relation to English law. The gene of Singapore’s insurance law is very English. The empirical data show a lack of momentum in driving insurance law forward by case law. This may justify further legislative reform to address not only the known doctrinal issues inherited from English law but also the specific problems facing consumer insurance. Singapore’s competitiveness in the global insurance market will be an instrumental factor to determine how far Singapore continues to follow English law in the future.


Moulding The Nascent Corporate Social Responsibility Agenda In Singapore: Of Pragmatism, Soft Regulation, And The Economic Imperative, Eugene K. B. Tan Jul 2013

Moulding The Nascent Corporate Social Responsibility Agenda In Singapore: Of Pragmatism, Soft Regulation, And The Economic Imperative, Eugene K. B. Tan

Research Collection School Of Law

This paper seeks to examine the putative growth of corporate social responsibility (CSR) in Singapore. A key impetus for the nascent CSR movement in twenty-first century Singapore is the economic imperative. As a trade-dependent industrializing economy, the economic development drive coupled with the need for international expansion has made it necessary for Singapore businesses to be cognizant of the growing CSR movement in the western, industrialized world. The government supports the CSR endeavour with an instrumental bent, where CSR ideas and concepts are adapted, incorporated, and promoted in various sectors of the economy. This paper assesses the state’s active ...


Is There Confusion In The Law Of Trade Marks In Singapore? Staywell Hospitality Group Pty Ltd V Starwood Hotels & Resorts Worldwide, Inc [2013] 1 Slr 489, David Llewelyn Mar 2013

Is There Confusion In The Law Of Trade Marks In Singapore? Staywell Hospitality Group Pty Ltd V Starwood Hotels & Resorts Worldwide, Inc [2013] 1 Slr 489, David Llewelyn

Research Collection School Of Law

The wording of s 8(2)(b) of the Trade Marks Act – which sets out the relative ground for refusal of a trade mark application for a mark that is the same or similar to an earlier mark registered in relation to the same or similar goods or services as long as there is a likelihood of confusion – is identical to that in s 27(2)(b) relating to infringement of a trade mark. The wording is taken from ss 5(2) and 10(2) of the UK Trade Marks Act 1994 (which in turn derives from the European Council ...


Presidential Pardon In Singapore: A Comment On Yong Vui Kong V Ag, Shubhankar Dam Mar 2013

Presidential Pardon In Singapore: A Comment On Yong Vui Kong V Ag, Shubhankar Dam

Research Collection School Of Law

This paper critically analyses the decision of the Singapore Court of Appeal in Yong Vui Kong v Attorney-General in relation to presidential pardon. Two questions were central to the case. First, is the President bound by the decision of the Cabinet in pardon-related matters? Secondly, are decisions regarding pardon—whether made by the Cabinet or President—subject to judicial review? In relation to the first question, the Court based its reasoning on Singapore's political system being a Westminster-inspired model and, therefore, that the President generally undertakes the same functions as the British monarch. However, this paper identifies the unique ...


The 2012 Amendments To Singapore's Evidence Act: More Questions Than Answers As Regards Expert Opionion Evidence?, Siyuan Chen Mar 2013

The 2012 Amendments To Singapore's Evidence Act: More Questions Than Answers As Regards Expert Opionion Evidence?, Siyuan Chen

Research Collection School Of Law

Singapore amended the expert opinion evidence provisions in its Evidence Act (EA) in 2012. The criteria for admissibility have been broadened, but the courts are now also expressly given the discretion to exclude relevant expert opinion evidence if it is ‘in the interests of justice’. This article explains why the 2012 amendments have raised more questions than answered them. First, Parliament did not appear to have properly appreciated the distinction—as conceptualised by the EA—between legal and logical relevance and relevance and admissibility. Second, it did not appear to have appreciated the distinction between general and specific relevance. Third ...


Prosecutorial Discretion And The Legal Limits In Singapore, Gary Kok Yew Chan Mar 2013

Prosecutorial Discretion And The Legal Limits In Singapore, Gary Kok Yew Chan

Research Collection School Of Law

Article 35(8) of the Constitution of the Republic of Singapore states that the Attorney-General, as the Public Prosecutor, “shall have the power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for any offence”. This prosecutorial discretion, though extremely wide, is not an unfettered one and must not be exercised in bad faith or in breach of constitutional rights. With respect to the equality provision in the Constitution, the Prosecution has to give unbiased consideration to all potential accused persons and avoid any irrelevant considerations. The article considers whether the presumption of the constitutionality of prosecutorial decisions ...


A Reconsideration Of The Shareholder's Remedy For Oppression In Singapore, Pearlie Koh Mar 2013

A Reconsideration Of The Shareholder's Remedy For Oppression In Singapore, Pearlie Koh

Research Collection School Of Law

The statutory remedy for oppression plays an important role in minority shareholder protection in Singapore. Both the scope of its application and the court's jurisdiction to make remedial orders must necessarily be wide in order for the remedy to be effective. Nevertheless, the remedy is not without limits. Indeed, it is crucial that the boundaries of the remedy be made clear so that legitimate rule of the majority is not too often, and erroneously, equated with tyranny by the majority. This paper considers a number of issues as to the scope of the oppression remedy in Singapore through a ...


Reassessing Apec's Role As A Trans-Regional Economic Architecture: Legal And Policy Dimensions, Pasha L. Hsieh Mar 2013

Reassessing Apec's Role As A Trans-Regional Economic Architecture: Legal And Policy Dimensions, Pasha L. Hsieh

Research Collection School Of Law

This article examines the two-decade evolution of the Asia-Pacific Economic Cooperation (APEC) and the future prospects for Asian regionalism. It argues that while APEC retains advantages over competing regional structures, it should undergo reforms to accelerate the Bogor Goals and ensure its complementarity with the World Trade Organization (WTO). The article first analyzes the impact of stake-holding countries’ trade policies on APEC’s structure and development. By assessing APEC’s soft-law mechanism, it explores APEC’s WTO-plus contributions that reinvigorated the International Technology Agreement negotiations and improved supply chain facilitation. APEC’s goal of creating a Free Trade Area of ...


Faith, Freedom, And Us Foreign Policy: Avoiding The Proverbial Clash Of Civilizations In East And Southeast Asia, Eugene K. B. Tan Mar 2013

Faith, Freedom, And Us Foreign Policy: Avoiding The Proverbial Clash Of Civilizations In East And Southeast Asia, Eugene K. B. Tan

Research Collection School Of Law

In the immediate aftermath of 9/11, the primary weakness of US foreign policy, particularly in Southeast Asia which is home to the largest Muslim community in the world, was that it was driven by concerns over archipelagic Southeast Asia as the “second front” in the “global war against terror.” Military warfare and coercive legislation and enforcement are grossly inadequate in winning the hearts and minds of a community. Religion-wise, Asia is not a tabula rosa. Many religions have long co-existed in Asia. The virtues of religious freedom are not alien to Asia but need nurturing given the dominant imperatives ...


This Land Was Made For You And Me: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee Jan 2013

This Land Was Made For You And Me: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee

Research Collection School Of Law

No abstract provided.


Regulation Of Over-The-Counter Derivatives: A Comparative Study Of Proposals In Singapore And Hong Kong, Chao-Hung Christopher Chen Jan 2013

Regulation Of Over-The-Counter Derivatives: A Comparative Study Of Proposals In Singapore And Hong Kong, Chao-Hung Christopher Chen

Research Collection School Of Law

This chapter identifies some of the potential legal and policy issues involved in the future regulation of over-the-counter (OTC) derivatives. First, regulators must be cautious in the regulation and solvency of some mammoth clearing- houses. Second, Singapore and Hong Kong both face challenges in the areas of global regulatory cooperation and extra-territorial regulatory effects. Third, the exact scope of a clearing obligation determines whether there is any regulatory competition or room for regulatory arbitrage in the future. Fourth, there are legal definition problems with the term ‘derivative’ and its sub-categories that must be addressed. Fifth, there are potential privacy and ...


Corporate Social Responsibility As Corporate Soft Law: Mainstreaming Ethical And Responsible Conduct In Corporate Governance, Eugene K. B. Tan Jan 2013

Corporate Social Responsibility As Corporate Soft Law: Mainstreaming Ethical And Responsible Conduct In Corporate Governance, Eugene K. B. Tan

Research Collection School Of Law

This article explores corporate social responsibility ("CSR') as a viable mode of regulation and governance in the corporate arena. A starting premise is that good corporate governance must move resolutely beyond a compliance mindset to one which recognises that effective corporate governance must have an ethical backbone in which the dimensions of responsibility, transparency, and accountability are evident, recognised and supported. Regulatory endeavours and corporate governance reforms in the past decade have increasingly intersected with mainstream CSR motivations. CSR is increasingly inducted and mainstreamed into corporate governance thinking, characterised by the dual perspective ofrisk management and values-driven/principled governance and ...


Sanctions: Where Law And Justice Collide: Kraze Entertainment (S) Pte Ltd V Marina Bay Sands Pte Ltd [2013] Sghc 39, Denise Huiwen Wong Jan 2013

Sanctions: Where Law And Justice Collide: Kraze Entertainment (S) Pte Ltd V Marina Bay Sands Pte Ltd [2013] Sghc 39, Denise Huiwen Wong

Research Collection School Of Law

This is a cautionary tale for litigation practitioners and their claimant clients. The decision emanates from the High Court of Singapore, but is equally applicable to any jurisdiction in which security for costs can be sought against the claimant in an action. In Singapore, the Rules of Court set out the procedural rules governing all civil proceedings in the High Court and Subordinate Courts. Unlike the Civil Procedure Rules (CPR), the Singapore Rules of Court do not expressly articulate an overriding objective of timely and proportionate justice. However, the courts have consistently prioritised robust case management and “an uncompromising but ...


A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee Jan 2013

A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee

Research Collection School Of Law

Singapore is not well known for its archaeological heritage. In fact, chance finds in the early 20th century and systematic archaeological excavations since the 1980s conducted at sites around the Singapore River have unearthed artefacts shedding light on the island’s early history. In addition, the value of archaeology for a deeper knowledge of Singapore’s British colonial past is increasingly being recognized. Nonetheless, Singapore law provides only a rudimentary framework to facilitate archaeological investigations and protect cultural artefacts. This article considers how the National Heritage Board Act (Cap 196A, 1994 Rev Ed), the Planning Act (Cap 232, 1998 Rev ...


Animal Protection Laws Of Singapore And Malaysia, Alvin W. L. See Jan 2013

Animal Protection Laws Of Singapore And Malaysia, Alvin W. L. See

Research Collection School Of Law

This article offers an overview and assessment of the laws relating to the protection of animals in Singapore and Malaysia. The focus is on identifying the interpretations of the statutory offences of cruelty that will best promote their objectives and effectiveness.


Certainty At Last?: A "New" Framework For Electronic Contracting In Singapore, Eliza Mik Jan 2013

Certainty At Last?: A "New" Framework For Electronic Contracting In Singapore, Eliza Mik

Research Collection School Of Law

Singapore is the first Asian country to accede to the UNCITRAL Convention on the Use of Electronic Communications in International Contracts (“CUECIC” or “Convention”). Upon accession, the Singaporean Electronic Transactions Act (“ETA” or “Act”) was repealed and re-enacted in a modified version, with effect from 1 July 2010. The modified ETA retains the framework of the original ETA but adds or amends certain provisions dealing with electronic contracting to align domestic e-commerce regulations with the Convention. Accordingly, Singapore is not only the first Asian nation to accede to the CUECIC but also the first nation to implement some of its ...