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Full-Text Articles in Law

Falsehoods, Foreign Interference, And Compelled Speech In Singapore, Kenny Chng Mar 2023

Falsehoods, Foreign Interference, And Compelled Speech In Singapore, Kenny Chng

Research Collection Yong Pung How School Of Law

Online misinformation endangers the infrastructure of fact essential to public discourse and presents an even greater threat where it is being utilised as a weapon by hostile state actors. In recognition of these dangers, Singapore has implemented legal measures to combat online misinformation, enacting in quick succession the Protection from Online Falsehoods and Manipulation Act (POFMA) and the Foreign Interference (Countermeasures) Act (FICA). These statutes open up novel frontiers of development for Singapore's free speech jurisprudence. Indeed, these statutes confer upon government authorities the power to compel the authors of certain material to display notices stating that the material contains …


The New Law On Foreign Interference – What’S Next For Businesses, Tan K. B. Eugene, Benjamin Joshua Ong Oct 2021

The New Law On Foreign Interference – What’S Next For Businesses, Tan K. B. Eugene, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

In a joint commentary, SMU Associate Professor of Law Eugene Tan and SMU Assistant Professor of Law Benjamin Joshua Ong discussed what the Foreign Interference (Countermeasures) Bill (Fica) means for businesses. They opined that businesses could have disclosure policies for themselves and their stakeholders, akin to conflict of interest disclosures. They also noted that more can be done to clarify the limits to government powers under Fica, and pointed out that conversations about foreign interference must go beyond Fica.


The New Law On Foreign Interference: What's Next For Businesses?, Tan K. B. Eugene, Benjamin Joshua Ong Oct 2021

The New Law On Foreign Interference: What's Next For Businesses?, Tan K. B. Eugene, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

The Foreign Interference (Countermeasures) Bill (Fica) was passed in Parliament on Monday after about 10 hours of impassioned debate. Despite the government agreeing to several amendments proposed by the Workers' Party, the substance was not changed in any significant way. Although the government provided more details on how Fica is to operate, more details will be unveiled when it comes into operation. What does all this mean for businesses?


Tackling Singapore’S Terrorism Threat: Bringing The People Back In, Tan K. B. Eugene Sep 2021

Tackling Singapore’S Terrorism Threat: Bringing The People Back In, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Eugene K B Tan, Associate Professor of Law at the Yong Pung How School of Law, Singapore Management University, considers Singapore’s response to the threat of terrorism following 9/11. This essay is based on an article published in the journal, Law and Policy (2009).


Despite Eld’S Lengthy Statement On Ge2020, Some Key Questions Remain Unanswered, Tan K. B. Eugene Sep 2020

Despite Eld’S Lengthy Statement On Ge2020, Some Key Questions Remain Unanswered, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Singaporeans went to the polls on July 10 amid an unprecedented set of public health and safety precautionary measures put in place to prevent the spread of Covid-19 infections. Among other things, GE2020 would also be remembered for long queues at some polling stations and the less than positive voter experience. There was also the first-ever extension of polling hours nationwide by two hours to 10pm.


14th Parliament Has Weighty Duty Steering Singapore Into Post-Covid-19 Future, Tan K. B. Eugene Aug 2020

14th Parliament Has Weighty Duty Steering Singapore Into Post-Covid-19 Future, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In more ways than one, the five-year term of Singapore’s 14th Parliament has been and will be defined even before it begins. How this institution of the people’s representatives leads the nation amid the raging Covid-19 global pandemic and positions Singapore for the post-Covid world matters immensely.


Ge2020 Commentary: Assessing The Voters’ Message To Pap (And Other Parties), Tan K. B. Eugene Jul 2020

Ge2020 Commentary: Assessing The Voters’ Message To Pap (And Other Parties), Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Despite the “crisis of a generation”, the 2020 general election results point to a considered flight from the status quo, rather than a flight to safety. Singaporean voters, through their 2.54 million ballots cast, sent a nuanced message to all political parties and election candidates. It was a renewed, urgent expression of a vote for change, more so than in the 2011 election.


Amid The Covid-19 Outbreak, What Can Singapore Expect In Budget 2020, Tan K. B. Eugene Feb 2020

Amid The Covid-19 Outbreak, What Can Singapore Expect In Budget 2020, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The Covid-19 outbreak has placed significant and urgent demands on Budget 2020 that will be unveiled on Tuesday (Feb 18). The Government has given a strong affirmation that the Budget will be equal to the task and that it will reinforce the “never fear” spirit that Singapore and Singaporeans will need to adopt to come out stronger of this challenging period.


All Eyes Will Be On How Heng And His 4g Team Lead Singapore, Tan K. B. Eugene Nov 2018

All Eyes Will Be On How Heng And His 4g Team Lead Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan said the choice of Finance Minister Heng Swee Keat as the People’s Action Party’s first assistant secretary-general should not come as a surprise as he was the only fourth-generation (4G) leader to be made a full Minister upon winning his maiden election in 2011, helming the Education Ministry between 2011 and 2015. He opined that Mr Heng’s 4G team will have to stamp their distinctive collective identity and leadership ethos as governance becomes increasingly complex.


A Closer Look At Ncmp, Elected President Reforms, Tan K. B. Eugene Jan 2016

A Closer Look At Ncmp, Elected President Reforms, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The proposed changes to the political system continue the Government’s narrative that political reforms ought to enhance Parliament’s representativeness and increase Singaporeans’ civic participation. They reinforce the Government’s abiding belief that the political system must produce a Government with a clear mandate, demonstrated through a strong parliamentary majority, for it to govern resolutely and decisively in the long-term interests of Singapore.


The Discipline Of International Law In Republican China And Contemporary Taiwan, Pasha L. Hsieh Mar 2015

The Discipline Of International Law In Republican China And Contemporary Taiwan, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This Article examines the evolution of international law as a professional and intellectual discipline in the Republic of China (ROC), which has governed Mainland China (1912–1949) and post-1949 Taiwan. The ROC’s centennial development fundamentally shaped modern China’s course of foreign relations and postwar global governance. The Article argues that statism, pragmatism, and idealism define the major features of the ROC’s approach to international law. These characteristics transformed the law of nations into universally valid normative claims and prompted modern China’s intellectual focus on the civilized nation concept. First, the Article analyzes the professionalization of the discipline of international law. It …


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 Yong Pung How 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 …


Let Presidential Hopefuls Have Their Say, Jack Tsen-Ta Lee Aug 2011

Let Presidential Hopefuls Have Their Say, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

The announcement by the Presidential Elections Committee (PEC) of the prospective candidates who have been issued certificates of eligibility for the 2011 presidential election in Singapore makes interesting reading for what it does and does not say. The Committee’s decision-making process is also fairly opaque. It is submitted the rules governing the PEC’s task should be reviewed before the next election. At least, it is hoped future Committees will adopt as constitutional conventions the practices of granting hearings to applicants, announcing decisions well ahead of nomination day, and issuing full reasons.


Redemption And Resistance: Lessons In Non-Violent Action From Early Aotearoa/New Zealand, Ian Macduff Nov 2010

Redemption And Resistance: Lessons In Non-Violent Action From Early Aotearoa/New Zealand, Ian Macduff

Research Collection Yong Pung How School Of Law

This article provides a brief account of the non-violent resistance of two Maori chiefs, Te Whiti and Tohu, in 19th century New Zealand. Each example of such non-violent or passive resistance is unique to its historical and cultural context; but at the same time there is a tangible common ground between this example and those found elsewhere, such as Martin Luther King and Gandhi. This article will also draw a link between the politics of acts of resistance – in this case, resistance to the forceful acquisition of Maori land – and faith-based justifications. In conclusion, it will be suggested …


Tea Leaves Of The Economy: General Elections In 2010?, Tan K. B. Eugene Dec 2009

Tea Leaves Of The Economy: General Elections In 2010?, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Incumbent governments with good economic track records would typically capitalise on economic downturns to seize a political advantage by calling for early elections. Will the ruling People's Action Party do so nect year in view of the strong economic perormances in recent months?


The Taiwan Question And The One-China Policy: Legal Challenges With Renewed Momentum, Pasha L. Hsieh Jan 2009

The Taiwan Question And The One-China Policy: Legal Challenges With Renewed Momentum, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The question of Taiwan’s status has faced legal challenges from the one- China policy under both domestic law and international law. The article argues that the state status of the Republic of China (ROC) on Taiwan has never ceased to exist as a result of either the loss of diplomatic recognition or the United Nations Resolution 2758, which transferred the UN seat from the ROC to the People’s Republic of China (PRC). In the past decades, the ROC and the PRC possess separate statehoods and have co-existed under the “de jure roof of China.” The evolvement of state practice of …


Resisting The Socialist Fetish, Shubhankar Dam Jan 2008

Resisting The Socialist Fetish, Shubhankar Dam

Research Collection Yong Pung How School Of Law

No abstract provided.


An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh Jan 2007

An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

In the 1970s, Taiwan lost its United Nations seat, and most nations switched diplomatic recognition from Taiwan to the People's Republic of China (PRC). The loss of Taiwan's diplomatic recognition became a fundamental issue in judicial proceedings. Contrary to the PRC's claim, the article argues that, from the viewpoint of international law, Taiwan has never been succeeded by the PRC. The article explores the Taiwan question faced by foreign courts and finds that, albeit the lack of diplomatic recognition, the courts around the world have almost uniformly accorded Taiwan the status of state and this judicial recognition has risen to …


Singapore: A Tax Compact For The Future?, Eugene Kheng Boon Tan Jan 2006

Singapore: A Tax Compact For The Future?, Eugene Kheng Boon Tan

Research Collection Yong Pung How School Of Law

No abstract provided.


Multiracialism Engineered: The Limits Of Electoral And Spatial Integration In Singapore, Eugene K. B. Tan Nov 2005

Multiracialism Engineered: The Limits Of Electoral And Spatial Integration In Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

This paper examines Singapore's innovations in electoral and spatial integration. In examining the Group Representation Constituency and the Ethnic Integration Policy, a critique is made of the official discourse that multiracialism is internalized and entrenched in Singapore's political psyche and electoral process. While the electoral and spatial integration policies are driven by the objective of enhancing multiracialism, their actual workings do not adequately advance the development of norms and values that would be truly supportive of the need for a multiracial legislature and an abiding commitment to multiracialism. The layering of the electoral system with other political objectives, such as …


True Believers Or Moral Absolutists, Seow Hon Tan Nov 2004

True Believers Or Moral Absolutists, Seow Hon Tan

Research Collection Yong Pung How School Of Law

The recent American presidential elections brought to the fore the question of what place moral values have in public decision-making when traditional moral values are not espoused by all in a pluralist society. Even if traditional values - seen as absolutist - are imposed on others through a democratic electoral process, that imposition, particularly in hot button issues like abortion and same-sex marriage, remains difficult to accept.


Peoples Union For Civil Liberties V Union Of India: Is Indian Democracy Dependent On A Statute?, Shubhankar Dam Jan 2004

Peoples Union For Civil Liberties V Union Of India: Is Indian Democracy Dependent On A Statute?, Shubhankar Dam

Research Collection Yong Pung How School Of Law

What is the status of a right to vote in the Indian legal system? Is the right a constitutional/fundamental right? Or is it simply a statutory right? Contrary to the decisions of the Supreme Court in the last five decades, this paper argues that the right to vote is a constitutional right: its textual foundation may be located in Article 326. And, in this sense, the Supreme Court has erred in construing the right to vote as a statutory right under the Representation of Peoples Act, 1951. Interpreting the right to vote as a statutory right has larger implications for …


Re-Engaging Chineseness: Political, Economic And Cultural Imperatives Of Nation-Building In Singapore, Eugene K. B. Tan Sep 2003

Re-Engaging Chineseness: Political, Economic And Cultural Imperatives Of Nation-Building In Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

This article examines the management of Chinese identity and culture since Singapore attained independence in 1965. Due to the delicate regional environment, ethnic Chinese identity has been closely managed by the ruling elites, which have been dominated by the English-educated Chinese. There is the evolution from a deliberate policy of maintaining a low-key ethnic Chinese profile to the recent effort to re-sinicize--in form--the majority ethnic group. The article examines the policy impulses and implications for such a landmark change in reconceptualizing the Chinese-Singapore identity, which can be attributed to the needs of regime maintenance buttressed by Confucian ethos as well …


Indonesia: Ambling On With The Status Quo, Eugene Kheng Boon Tan Jul 2003

Indonesia: Ambling On With The Status Quo, Eugene Kheng Boon Tan

Research Collection Yong Pung How School Of Law

No abstract provided.


Singapore: The Feel Good Factor - A Vital Element In The Meticulous Preparations For Leadership Change, Eugene Kheng Boon Tan Jan 2003

Singapore: The Feel Good Factor - A Vital Element In The Meticulous Preparations For Leadership Change, Eugene Kheng Boon Tan

Research Collection Yong Pung How School Of Law

No abstract provided.