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Asian Studies

Singapore Management University

Series

2023

Singapore

Articles 1 - 5 of 5

Full-Text Articles in Law

"Takings" And "Givings" In Singapore: Land Law And Policy In The Search For Justice, Rachel Phang Dec 2023

"Takings" And "Givings" In Singapore: Land Law And Policy In The Search For Justice, Rachel Phang

Research Collection Yong Pung How School Of Law

In the United States and globally, cities are increasingly plagued by deepening housing crisis and widening economic inequality. In the face of these crises, this Article focuses on the potentially powerful role for land law and policy in the search for justice. Specifically, it does so by reference to two unusual yet illuminating choices of theory and application: the case study of Singapore, and the school of thought of Georgism, both of which accord inordinate and paramount importance to land. Singapore’s land law and policy have been characterized by extensive takings and givings of land. In consequence, the State owns …


Conceptualizing Condominium Law And Children: Comparing The State Of Strata Titles Law In New South Wales And Singapore, Hang Wu Tang Jul 2023

Conceptualizing Condominium Law And Children: Comparing The State Of Strata Titles Law In New South Wales And Singapore, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Purpose: This article conceptualises the legal relations embedded within condominium housing and the various theories of property ownership to ascertain how children’s interest fit within this framework. The laws of two jurisdictions, New South Wales and Singapore are examined to determine how their strata law responds when children’s safety is at stake. Design/methodology/approach: A comparative method using case law, statutes and secondary literature across both jurisdictions is adopted. This article also draws on various theories of property ownership. Findings: Drawing on pluralist moral theories of property law, the thesis advanced is that children’s issues within condominiums should not be subject …


The Doctrine Of Unilateral Severance And Its Potential Development In Singapore, Zhi Jia Koh Mar 2023

The Doctrine Of Unilateral Severance And Its Potential Development In Singapore, Zhi Jia Koh

Research Collection Yong Pung How School Of Law

Co-ownership of land is commonplace in Singapore, and the manner of holding among co-owners has important practical implications. Joint tenants are subject to the rule of survivorship, but what if a joint tenant does not wish to be locked into the survivorship wheel of fortune? A joint tenant may unilaterally sever the joint tenancy by an act operating upon his or her share of the land, but questions remain as to when that occurs and the consequent duration of severance. This article attempts to address these questions with the current alienation-based approach and suggest the possibility of an intention-based approach.


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 …


Personal Service Companies And The Tax Avoidance Surcharge In Singapore, Vincent Ooi, Ben Chester Cheong Jan 2023

Personal Service Companies And The Tax Avoidance Surcharge In Singapore, Vincent Ooi, Ben Chester Cheong

Research Collection Yong Pung How School Of Law

Incorporation of personal service companies provide tax and non-tax advantages. With the introduction of a tax avoidance surcharge in Singapore, incorporation for non-tax advantages risks additional “tax costs” if challenged by the revenue authorities, introducing uncertainty and litigation costs. Instead of relying on a GAAR, targeted measures should restrict tax advantages to the first company incorporated by each individual taxpayer.