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The Sentencing Of "Couriers" Under Section 33b Of The Misuse Of Drugs Act: Pp V Chum Tat Suan [2014] Sgca 59, Benjamin Joshua Ong Dec 2014

The Sentencing Of "Couriers" Under Section 33b Of The Misuse Of Drugs Act: Pp V Chum Tat Suan [2014] Sgca 59, Benjamin Joshua Ong

Research Collection School Of Law

Sections 33B(1)–(2) of the Misuse of Drugs Act (“the Act”)1 allow for a person who commits an offence under ss 5(1) or 7 of the Act to be sentenced to life imprisonment and caning instead of death if two conditions are met.


Was Singapore Airlines Liable For Business-Class Seats Sold At Economy Rates?, Yihan Goh Dec 2014

Was Singapore Airlines Liable For Business-Class Seats Sold At Economy Rates?, Yihan Goh

Research Collection School Of Law

Much has been reported about Singapore Airlines (“SIA”) mistakenly charging economy rates for around 900 business-class seats due to a computer input error. Yesterday, SIA said that it would honour those tickets at economy rates, reversing its previous position that it would not, and closing the episode on a note of goodwill. This blog entry explores the legal analysis behind the episode on the assumption that Singapore contract law applies, so as to maintain its general relevance to a Singaporean audience and its specific application to online retailers concerned about making similar pricing errors. Of course, the analysis would differ ...


A Rare Case Of Conspiracy By Lawful Means, Pey Woan Lee Dec 2014

A Rare Case Of Conspiracy By Lawful Means, Pey Woan Lee

Research Collection School Of Law

Conspiracy by lawful means is a well-known anomaly in the law of torts. The anomaly lies in the fact that the tort imposes liability on two or more persons acting in concert to pursue a course of conduct that is otherwise lawful when committed by a sole actor. Of course, it is a critical element of the tort that the conspirators must have acted with the predominant intention to cause harm to the victim, but it is well settled that malicious intent is not, by itself, a sufficient basis for founding liability. It would thus seem that it is the ...


Siemens Industry Software Pte Ltd V Lion Global Offshore Pte Ltd [2014] Sghc 251: Further Issues In Contractual Formation And Duress, Yihan Goh Dec 2014

Siemens Industry Software Pte Ltd V Lion Global Offshore Pte Ltd [2014] Sghc 251: Further Issues In Contractual Formation And Duress, Yihan Goh

Research Collection School Of Law

For a second time in a month, the High Court decision of Siemens Industry Software Pte Ltd v Lion Global Offshore Pte Ltd [2014] SGHC 251 (“Siemens Industry Software”) gives us valuable guidance on the application of trite principles of contractual formation to a practical fact pattern. The case also discussed whether enforcing one’s legal right can ever amount to duress.


Rbc Properties Pte Ltd V Defu Furniture Pte Ltd [2014] Sgca 62: Restatement Of Law Relating To Misrepresentation In Singapore, Yihan Goh Dec 2014

Rbc Properties Pte Ltd V Defu Furniture Pte Ltd [2014] Sgca 62: Restatement Of Law Relating To Misrepresentation In Singapore, Yihan Goh

Research Collection School Of Law

The recent Court of Appeal decision of RBC Properties Pte Ltd v Defu Furniture Pte Ltd [2014] SGCA 62 (“RBC Properties”) contains an invaluable restatement of the law relating to misrepresentation in Singapore. This entry aims only to summarise that restatement of law. The interested reader may find the facts of the case succinctly discussed by the Court of Appeal in its judgment here and also in this blog entry on the High Court decision.


Contract Law Update 2014, Yihan Goh Dec 2014

Contract Law Update 2014, Yihan Goh

Research Collection School Of Law

With the end of 2014 almost upon us, it is apposite to take stock of the more important developments in Singapore contract law in the year. This entry examines four cases that straddle important developments across various fields in contract law, namely, formation, terms, breach and illegality. In each case, it can be seen that the Singapore courts are anxious to consolidate existing law, and to chart new courses where relevant and appropriate.


R1 International Pte Ltd V Lonstroff Ag [2014] Sgca 56: Lessons In Contractual Formation, Yihan Goh Dec 2014

R1 International Pte Ltd V Lonstroff Ag [2014] Sgca 56: Lessons In Contractual Formation, Yihan Goh

Research Collection School Of Law

The rules relating to contractual formation are easy to state but difficult to apply in the varied circumstances of practice. It is therefore helpful that the recent Court of Appeal decision of R1 International Pte Ltd v Lonstroff AG [2014] SGCA 56 (“R1 International”) provides much guidance in this area of the law.

R1 International concerned whether a set of terms to arbitrate in Singapore, found in a detailed contract note sent by the appellant to the respondent shortly after their deal (“the deal”) was concluded, was incorporated as part of the contract between the parties. The answer to this ...


Proceedings Report: The 4th Asia Pacific Journal Of Private International Law Colloquium, Man Yip Dec 2014

Proceedings Report: The 4th Asia Pacific Journal Of Private International Law Colloquium, Man Yip

Research Collection School Of Law

The 4th Asia Pacific Journal of Private International Law Colloquium, a biennial event, was held at the Singapore Management University on 28 November 2014 and convened by Associate Professor Adeline Chong. The one-day proceedings boasted a strong programme and facilitated discussions between private international law specialists from both civilian and common law jurisdictions.


Nudging Users Towards Cross-Border Mediation: Is It Really About Harmonised Enforcement Regulation?, Nadja Alexander Nov 2014

Nudging Users Towards Cross-Border Mediation: Is It Really About Harmonised Enforcement Regulation?, Nadja Alexander

Research Collection School Of Law

In this paper the author challenges her audience to think in different ways about creating the shift needed to make cross-border mediation practice a reality rather than rhetoric. Within Asia, Hong Kong, Singapore and other centres are positioning themselves as regional leaders in cross-border mediation. Statistically though, there is not an enormous amount of cross-border mediation going on. Despite the apparent advantages of mediation and the international regulatory activity outlined above, cross-border commercial mediation practice has been slow to develop. At dispute resolution conferences and other get-togethers, mediators and other ADR advocates ask themselves, “Why”? While there is little empirical ...


Regulating Aerial Photography And Videography Proportionately: Some Thoughts On The Sal Seminar “Droning On About Journalism – Remotely Piloted Aircraft, Newsgathering, And Law”, Siyuan Chen Nov 2014

Regulating Aerial Photography And Videography Proportionately: Some Thoughts On The Sal Seminar “Droning On About Journalism – Remotely Piloted Aircraft, Newsgathering, And Law”, Siyuan Chen

Research Collection School Of Law

The concept and practice of aerial photography and videography have been around for some time. But it was only in the last few years that such media production via remote means has achieved mainstream use. The convergence of cutting-edge technological developments in gyroscopic gimbals, far-range wireless transmissions, GPS-enablement in stabilisation, compact devices producing digital image quality and so forth has led to the proliferation of affordable camera-carrying “drones” that even hobbyists can pilot reasonably well with ease. Thus far, there have not been any reports of serious mishaps involving the use of these rotor-propelled copters. However, the controversial appellation inaccurately ...


The Presumption Of Resulting Trust: A New Era?, Man Yip Nov 2014

The Presumption Of Resulting Trust: A New Era?, Man Yip

Research Collection School Of Law

This entry is written in anticipation of the forthcoming appeal against the recent High Court judgment in Mak Saw Ching v Yam Hui Min, Barbara Rebecca [2014] SGHC 212. The appeal shall provide a further opportunity for the Court of Appeal to clarify and refine the law on the presumption of resulting trust after the important decision of Chan Yuen Lan v See Fong Mun [2014] 3 SLR 1048 released earlier this year. However, the High Court judgment is not to be missed as well. The decision highlights interesting issues for the appellate bench’s consideration, and could be the ...


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.


Corporate Claims Against Director For Paying Bribes On Company's Behalf: Ho Kang Peng V Scintronix (Formerly Ttl Holdings), Wai Yee Wan Nov 2014

Corporate Claims Against Director For Paying Bribes On Company's Behalf: Ho Kang Peng V Scintronix (Formerly Ttl Holdings), Wai Yee Wan

Research Collection School Of Law

Can a company recover the value of the bribe from a director who has paid the bribe, on behalf of the company, to a third party to secure certain benefits for the company, and where it is not alleged that the director had personally benefitted from the bribe? This question raises several complex issues relating to directors’ standard of care, corporate authorisation and corporate illegality, which were considered by the recent decision of the Singapore Court of Appeal in Ho Kang Peng v Scintronix Corp (formerly known as TTL Holdings).


The Little India Riot: Domestic And International Law Perspectives, Siyuan Chen Oct 2014

The Little India Riot: Domestic And International Law Perspectives, Siyuan Chen

Research Collection School Of Law

A riot involving hundreds of foreign labourers broke out in Little India, Singapore, on 8 December 2013. Only the second riot to occur in more than 40 years in fairly tranquil Singapore, the damage was extensive as rioters destroyed police and emergency vehicles and even injured dozens of police and civil defence personnel. The authorities only needed a few days to complete the investigations and shortly after, some of the alleged rioters were arrested and charged, while some of them were repatriated. The swiftness of the entire process prompted harsh criticism from international and local human rights groups, who claimed ...


Public-Private Partnership: The Chinese Dilemma, Henry S. Gao Oct 2014

Public-Private Partnership: The Chinese Dilemma, Henry S. Gao

Research Collection School Of Law

As noted by Greg Shaffer in his book ‘Defending Interests: Public-Private Partnerships in WTO Litigation’, the US and EU have different approaches to public-private partnership in dealing with foreign trade barriers: the former tends to be more ‘bottom-up’, while the latter tends to be ‘top-down’. Inspired by Shaffer’s work, this article examines China’s experience in establishing public-private partnership. Initially, China appeared to prefer the American approach by adopting the Rules on Trade Barrier Investigation (TBI), which empowers domestic firms to petition the government directly to launch investigation against foreign trade barriers. However, since 2005, China seems to have ...


Service Out Of Jurisdiction: Submission And Natural Forum, Man Yip Oct 2014

Service Out Of Jurisdiction: Submission And Natural Forum, Man Yip

Research Collection School Of Law

No abstract provided.


Simc And Sicc: New Developments In Singapore For The Resolution Of International Commercial Disputes, Eunice Chua Oct 2014

Simc And Sicc: New Developments In Singapore For The Resolution Of International Commercial Disputes, Eunice Chua

Research Collection School Of Law

No abstract provided.


Simc And Sicc: New Developments In Singapore For The Resolution Of International Commercial Disputes, Eunice Chua Oct 2014

Simc And Sicc: New Developments In Singapore For The Resolution Of International Commercial Disputes, Eunice Chua

Research Collection School Of Law

No abstract provided.


According To The Spirit And Not To The Letter: Proportionality And The Singapore Constitution, Jack Tsen-Ta Lee Sep 2014

According To The Spirit And Not To The Letter: Proportionality And The Singapore Constitution, Jack Tsen-Ta Lee

Research Collection School Of Law

When interpreting the fundamental liberties in the Singapore Constitution, courts presently do not engage in a proportionality analysis – that is, a consideration of whether limitations on rights imposed by executive or legislative action bear a rational relation with the object of the action, and, if so, whether the limitations restrict rights as minimally as possible. The main reason for this appears to be the expansive manner in which exceptions to the fundamental liberties are phrased, and the courts’ deferential attitude towards the political branches of government. This paper considers how the rejection of proportionality has affected the rights to freedom ...


The Meaning And Scope Of Personal Data Under The Singapore Data Protection Act, Warren B. Chik, Keep Ying Joey Pang Sep 2014

The Meaning And Scope Of Personal Data Under The Singapore Data Protection Act, Warren B. Chik, Keep Ying Joey Pang

Research Collection School Of Law

It is important to examine and determine the meaning of “personal data” as it is the subject matter of the Singapore Data Protection regime. What constitutes “personal data” determines the scope of the Personal Data Protection Act. Although it is defined under the Act, the experience in other jurisdictions has shown that the elements of that (and other forms of ) definition can still give rise to some difficulty in its application to specific cases. In this paper, the authors aim to provide some guidance and recommendations for the interpretation of “personal data” within the context of legislative intent and objective.


Troublesome Women And The Nanny State: Drawing Boundaries And Legislating Bifurcated Belonging In Patriarchal Singapore, Eugene K. B. Tan Sep 2014

Troublesome Women And The Nanny State: Drawing Boundaries And Legislating Bifurcated Belonging In Patriarchal Singapore, Eugene K. B. Tan

Research Collection School Of Law

Singapore was and remains an immigrant society. The immigration of newcitizens and temporary workers has become the primary means by which thepopulation is replenished and right-sized for its economic and demographicrequirements. More than one in three persons (or 38.6 percent) living inSingapore are foreigners (non-citizens, including permanent residents) in2013.[2] Of the 3.45 million working population in Singapore, about 38 percent(or about 1,296,800 persons are foreigners.[3] The vast majority of theseforeigners are transient workers (migrant workers) on short-term work permits.Of these, about 211,000—all women—are employed as domestic help (or ‘maids ...


Challenges In The Enforcement Of Animal Protection Laws In Singapore, Alvin W. L. See Aug 2014

Challenges In The Enforcement Of Animal Protection Laws In Singapore, Alvin W. L. See

Research Collection School Of Law

Singapore has fairly powerful animal protection laws. In practice, however, these laws are only powerful to the extent that they are actually enforced. In Singapore, the low number of prosecutions for animal cruelty is a cause for serious concern. While there can be a myriad of reasons for this phenomenon, this paper argues that one primary cause is the insufficient understanding of what amounts, or may amount, to cruelty at law. This results in an unsound enforcement policy which reduces the protection afforded to animals. By highlighting this problem, this paper hopes to draw attention to the importance of the ...


Default Standards For Non-Absolute Obligation Clauses: Ks Energy V Br Energy Electricity Generation V Woodside Energy, Man Yip, Yihan Goh Aug 2014

Default Standards For Non-Absolute Obligation Clauses: Ks Energy V Br Energy Electricity Generation V Woodside Energy, Man Yip, Yihan Goh

Research Collection School Of Law

A “reasonable endeavours” undertaking, and its variants, are common features of commercial contracts. These clauses might be inserted into agreements to balance the interests of the parties where the achievement of the contractual object involves conditions beyond the obligor’s control, for example, the procurement of a third party’s performance. Equally common is the insertion of these clauses into contracts to resolve a negotiation stalemate where one party refuses to promise the absolute achievement of the contractual objective.


An Overview Of The Impending Changes In The Family Justice Landscape, Siyuan Chen Aug 2014

An Overview Of The Impending Changes In The Family Justice Landscape, Siyuan Chen

Research Collection School Of Law

Singapore’s family justice landscape is set to witness a sea-change when the key features of the new Family Justice Act, as well as recommendations from the Committee for Family Justice (chaired by the Senior Minister of State for Law and Education, Justice VK Rajah, and Justice Andrew Phang), materialise in the months ahead.


Mediated Postnuptial Agreements And Ancillary Matters, Siyuan Chen Aug 2014

Mediated Postnuptial Agreements And Ancillary Matters, Siyuan Chen

Research Collection School Of Law

When the parties in a divorce have, with the benefit of legal counsel, gone through mediation and negotiated an agreement to settle the ancillary issues of maintenance and the division of matrimonial assets, is there any reason for the court to exercise its statutorily conferred discretion to ignore such an agreement or should it seek to uphold it despite objections from one of the parties? Whereas the High Court in this case declined to follow all of the terms in the agreement on the ground that some of them were not just and equitable, the Court of Appeal held that ...


Overview Of The Impending Changes In The Family Justice Landscape, Siyuan Chen Aug 2014

Overview Of The Impending Changes In The Family Justice Landscape, Siyuan Chen

Research Collection School Of Law

Singapore’s family justice landscape is set to witness a sea-change when the key features of the new Family Justice Act, as well as recommendations from the Committee for Family Justice (chaired by the Senior Minister of State for Law and Education, Justice VK Rajah, and Justice Andrew Phang), materialise in the months ahead.


A Principled And Structured Approach For Ascertaining Beneficial Interests In Property Disputes: Chan Yuen Lan V See Fong Mun [2014] Sgca 36, Alvin W. L. See Aug 2014

A Principled And Structured Approach For Ascertaining Beneficial Interests In Property Disputes: Chan Yuen Lan V See Fong Mun [2014] Sgca 36, Alvin W. L. See

Research Collection School Of Law

In Chan Yuen Lan v See Fong Mun [2014] SGCA 36, the Court of Appeal provided important clarifications about the relationship between a resulting trust and a common intention constructive trust for the purpose of ascertaining beneficial interests in cases of property dispute. This issue, which has attracted much speculations, was left open in Lau Siew Kim v Yeo Guan Chye Terence [2007] SGCA 54 where the same court merely confirmed the continued relevance of the twin presumptions of resulting trust and advancement.


Mediated Postnuptial Agreements And Ancillary Matters: Surindar Singh S/O Jaswant Singh V Sita Jaswant Kaur [2014] Sgca 37, Siyuan Chen Aug 2014

Mediated Postnuptial Agreements And Ancillary Matters: Surindar Singh S/O Jaswant Singh V Sita Jaswant Kaur [2014] Sgca 37, Siyuan Chen

Research Collection School Of Law

When the parties in a divorce have, with the benefit of legal counsel, gone through mediation and negotiated an agreement to settle the ancillary issues of maintenance and the division of matrimonial assets, is there any reason for the court to exercise its statutorily conferred discretion to ignore such an agreement or should it seek to uphold it despite objections from one of the parties? Whereas the High Court in this case declined to follow all of the terms in the agreement on the ground that some of them were not just and equitable, the Court of Appeal held that ...


Restitution Of Mistaken Enrichment Under Section 73 Of Malaysia's Contracts Act 1950: Pouring New Wine Into An Old Bottle?, Alvin W. L. See Jul 2014

Restitution Of Mistaken Enrichment Under Section 73 Of Malaysia's Contracts Act 1950: Pouring New Wine Into An Old Bottle?, Alvin W. L. See

Research Collection School Of Law

This article makes two main suggestions regarding the interpretation of s 73 of Malaysia's Contracts Act 1950, which sets out the right to recover a mistaken enrichment. The first suggestion is that the courts should have regard to the historical background against which the section was enacted, especially because the pre-enactment common law was a historical curiosity. This will dispel certain misconceptions about the nature of the statutory right by shedding light on its supposed affinity with contract and its relationship with the obsolete forms of action and the principle of unjust enrichment. The second suggestion is that the ...


Tobacco Control In Asean, Locknie Hsu Jul 2014

Tobacco Control In Asean, Locknie Hsu

Research Collection School Of Law

Almost 30 per cent of the adult population of the Association of Southeast Asian Nations (ASEAN) smokes. All but one of the ASEAN members are currently parties to the WHO Framework Convention on Tobacco Control (WHO FCTC). The outlier is Indonesia, the most populous of the ten ASEAN countries. Multilaterally, all ten ASEAN members are World Trade Organization (WTO) members and subject to its trade rules. Regionally, ASEAN is in the process of accelerated economic integration, with the aim of establishing the ASEAN Economic Community (AEC) in 2015. A Common Effective Preferential Tariff (CEPT) system, set up under the ASEAN ...