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Full-Text Articles in Law

Beyond Pepper V. Hart: The Legislative Reform Of Statutory Interpretation In Singapore, Robert C. Beckman, Andrew B.L. Phang Dec 1994

Beyond Pepper V. Hart: The Legislative Reform Of Statutory Interpretation In Singapore, Robert C. Beckman, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

One of the major controversies in the area of statutory interpretation has centred on the use of parliamentary materials as extrinsic aids by courts in interpreting legislation. The English courts long prohibited any reference to parliamentary materials.' Legislation was passed in Australia in the 1980s to allow liberal reference to parliamentary materials in the courts. More recently, a seminal decision of the House of Lords in 1992 in Pepper (Inspector of Taxes) v. Hart' introduced significant flexibility into the hitherto rigid proscription followed in the English courts, although it did not go as far as the legislative reforms in Australia. …


The Ambiguity Of Accountability: Deaths In Custody, And The Regulation Of Police Power, Mark Findlay Nov 1994

The Ambiguity Of Accountability: Deaths In Custody, And The Regulation Of Police Power, Mark Findlay

Research Collection Yong Pung How School Of Law

Policing is power. Police authority relies on transactions or relationships of power and influence. The nature of that authority depends on, and takes its form from specific environments of opportunity. Opportunity is, in turn, designated by the aspirations for such relationships, and structures and processes at work towards their regulation. Police authority can be confirmed either legitimately or illegitimately, depending on its context. Essential to the operation of police authority are the "boundaries of permission" which designate the dominion of police power. A principal regulator of police authority, and therefore an important mechanism whereby boundaries of permission are determined, is …


The Civil Rights Judge: Taming The Storm: The Life And Times Of Judge Frank M. Johnson, Howard Hunter Mar 1994

The Civil Rights Judge: Taming The Storm: The Life And Times Of Judge Frank M. Johnson, Howard Hunter

Research Collection Yong Pung How School Of Law

No abstract provided.


Flames On The Wires: Mediating From An Electronic Cottage, Ian Macduff Jan 1994

Flames On The Wires: Mediating From An Electronic Cottage, Ian Macduff

Research Collection Yong Pung How School Of Law

This article reflects on a curiosity of modern life, in that it is a very preliminary comment on a kind of mediation that does not involve me moving beyond the desk where my computer is located. It is a mediator's parallel to armchair travelling, with the difference here being that the experience is not vicarious, though it is certainly remote.


A Case Of Signed But Not Necessarily Sealed: Hong Leong Finance, Kee Yang Low Jan 1994

A Case Of Signed But Not Necessarily Sealed: Hong Leong Finance, Kee Yang Low

Research Collection Yong Pung How School Of Law

ASSUME you are a bank officer who has recently approved a loan to a company and, as security, you have taken a guarantee from three directors. Through an unfortunate turn of events, the company defaults and is wound up.


Beyond Pepper V. Hart: The Legislative Reform Of Statutory Interpretation In Singapore, Andrew B.L. Phang, Andrew Phang Jan 1994

Beyond Pepper V. Hart: The Legislative Reform Of Statutory Interpretation In Singapore, Andrew B.L. Phang, Andrew Phang

Research Collection Yong Pung How School Of Law

One of the major controversies in the area of statutory interpretation has centred on the use of parliamentary materials as extrinsic aids by courts in interpreting legislation. The English courts long prohibited any reference to parliamentary materials.' Legislation was passed in Australia in the 1980s to allow liberal reference to parliamentary materials in the courts.2 More recently, a seminal decision of the House of Lords in 1992 in Pepper (Inspector of Taxes) v. Hart' introduced significant flexibility into the hitherto rigid proscription followed in the English courts, although it did not go as far as the legislative reforms in Australia. …


A Place For The Privileged Will, Jack Tsen-Ta Lee Jan 1994

A Place For The Privileged Will, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Most people consider the proper distribution of their property on death a vitally important matter. For those who are elderly, ill or engaged in risky occupations, it is often urgent to get such things settled fast. But some people may be in circumstances where they cannot comply with the formal requirements for a valid will. The law has long recognized this concern in the case of soldiers and sailors by allowing them to create privileged wills. Many jurisdictions, including Singapore, have legislation to this effect. This article seeks to determine if there remains a place for the privileged will today. …


The Court Of Appeal's Lack Of Jurisdiction To Reopen Appeals: Abdullah Bin A Rahman V Public Prosecutor; Lim Choon Chye V Public Prosecutor, Jack Tsen-Ta Lee Jan 1994

The Court Of Appeal's Lack Of Jurisdiction To Reopen Appeals: Abdullah Bin A Rahman V Public Prosecutor; Lim Choon Chye V Public Prosecutor, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

It is ironic that Abdullah bin A Rahman v PP and Lim Choon Chye v PP were decided in the aftermath of the Birmingham Six, Guildford Four and Maguire Seven cases from the United Kingdom. As in these cases, Abdullah and Lim Choon Chye highlight a serious flaw in our criminal justice system: there appears to be no appropriate way to correct miscarriages of justice. The purpose of this case note is to set out the conclusions reached by the Court of Appeal and to suggest directions for the future.