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Articles 691 - 720 of 747
Full-Text Articles in Law
True Believers Or Moral Absolutists, Seow Hon Tan
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.
True Believers Or Moral Absolutists, Seow Hon Tan
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.
Free Will's A Gamble, Seow Hon Tan
Free Will's A Gamble, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The debate over whether Singapore should have a casino has turned from the contest between moral values and social repercussions, on the one hand, and economic values on the other, to whether Singaporeans can be trusted to act responsibly. Put another way, the issue now seems to be whether the approach should be paternalistic, with all its connotations of the nanny state protecting the individual from himself.
Re-Examining Public Policy: A Case For Conditional Fees In Singapore?, Gary Chan
Re-Examining Public Policy: A Case For Conditional Fees In Singapore?, Gary Chan
Research Collection Yong Pung How School Of Law
Conditional fee agreements are currently prohibited in Singapore. The Singapore courts still adhere to the public policy considerations expressed in the English common law which proscribe maintenance and champerty. However, the United Kingdom as well as Ontario (Canada) and Australia have recently ‘departed’ from the old system prohibiting conditional fee agreements. It is thus timely for Singapore to re-examine the public policy arguments against conditional fee agreements and inquire whether a conditional fee based system ought to be introduced. Apart from the above jurisdictions, lessons will also be drawn from the problems and issues faced by the US and the …
Group Taxation: Ifa Singapore Branch Report, Cecil Duncan Macrae
Group Taxation: Ifa Singapore Branch Report, Cecil Duncan Macrae
Research Collection Yong Pung How School Of Law
No abstract provided.
Peoples Union For Civil Liberties V Union Of India: Is Indian Democracy Dependent On A Statute?, Shubhankar Dam
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 …
Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam
Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam
Research Collection Yong Pung How School Of Law
Much of the debates on the legality of strikes under the Indian Constitution has been on the issue of a right to strike. This paper argues that the constitutionality of strikes may be analysed through the prism of duties, i.e. fundamental duties under Part IVA of the Constitution. Strikes were an integral part of the ideals that inspired India's national struggle against imperialism. And, in this sense, when article 51A exhorts Indians to cherish and follow the noble ideals that inspired our freedom struggle, it includes a fundamental duty to strike. Invoking the philosophy of Mahatma Gandhi, the paper argues …
The Law And The Elderly In Singapore: The Law On Income And Maintenance For The Elderly, Locknie Hsu
The Law And The Elderly In Singapore: The Law On Income And Maintenance For The Elderly, Locknie Hsu
Research Collection Yong Pung How School Of Law
By 2030, Singapore's elderly will make up a staggering 19% of the population. With such a large proportion of people becoming old, it is timely to pay some attention to the broad spectrum of legal issues surrounding elder. Several sociological and statistical studies have been done on the elderly Singapore, yet relatively little has been written on the law relating to them. Much of the present legislation which directly or indirectly addresses problems of the elderly in Singapore relate to their financial arrangements. Examples of these are provisions relating to withdrawal of Central Provident Fund (CPF) monies and the age …
Larger Issues At Stake In Unnatural Sex Debate, Seow Hon Tan
Larger Issues At Stake In Unnatural Sex Debate, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The recent debate about the criminal prohibition of oral sex provides an occasion for considering larger, related issues. However prevalent the practice of oral sex and however archaic Section 377 of the Penal Code seems to those pushing for its repeal, the arguments offered have tended to take a piecemeal approach and display an ignorance of or disregard for the larger interests at stake.
Larger Issues At Stake In Unnatural Sex Debate, Seow Hon Tan
Larger Issues At Stake In Unnatural Sex Debate, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The recent debate about the criminal prohibition of oral sex provides an occasion for considering larger, related issues. However prevalent the practice of oral sex and however archaic Section 377 of the Penal Code seems to those pushing for its repeal, the arguments offered have tended to take a piecemeal approach and display an ignorance of or disregard for the larger interests at stake.
An Issue Of Absolution: Section 391 Of The Companies Act, Pearlie Koh
An Issue Of Absolution: Section 391 Of The Companies Act, Pearlie Koh
Research Collection Yong Pung How School Of Law
There is an obvious tension in the imposition of directors’ duties. Whilst directors being the management, and therefore the eyes, ears and brain of the corporate person, must be given sufficient discretion to take on entrepreneurial (and hence risky) ventures with a view to profit maximisation, there is also the need to curb excesses, as the potential or opportunity for mismanagement, negligence and fraud is omnipresent. [T]his short article considers section 391 of the Companies Act (Cap 50), arguably the statutory nemesis of directors’ duties. Section 391 gives jurisdiction to the court hearing the case to relieve an officer from …
Re-Engaging Chineseness: Political, Economic And Cultural Imperatives Of Nation-Building In Singapore, Eugene K. B. Tan
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
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
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.
Legal Issues Under Wto Rules On The Closer Economic Partnership Arrangement (Cepa) Between Mainland China And Hong Kong, Henry S. Gao
Legal Issues Under Wto Rules On The Closer Economic Partnership Arrangement (Cepa) Between Mainland China And Hong Kong, Henry S. Gao
Research Collection Yong Pung How School Of Law
On 29 June 2003, the Central Government of the People's Republic of China (the Mainland) and the Hong Kong Special Administrative Region (HKSAR) signed the Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA). As the first Regional Trade Agreement (RTA) for both sides, the CEPA provides a model for China to use the arrangements allowed under the rules of the World Trade Organization (WTO) to further trade liberalisation and promote economic development. This is a commendable endeavour. However, due to the complexity of the relevant rules of the WTO, caution must be exercised in the formulation and implementation of …
Legal Environment For Technology Transfer In Taiwan, Kung-Chung Liu
Legal Environment For Technology Transfer In Taiwan, Kung-Chung Liu
Research Collection Yong Pung How School Of Law
In an effort to become an industrialized country, Taiwan, the Republic of China (ROC) has relied heavily on technology transfers and investment from abroad. The Taiwanese government adopted a heavy-handed policy of regulating investments made by foreigners and overseas Chinese in 1954. These policies include the Foreigner Investment Act (FIA) and the Overseas Chinese Investment Act (OCIA), which require all foreigners and overseas Chinese to obtain the Ministry of Economic Affairs (MOEA) approval prior to making any investments.1 Such investments may also be in the form of patents, trademarks, copyright, know-how, and other intellectual property (IP).2 In 1962, the Technology …
Market Power In Chinese Taipei: Laws, Policies And Treatments, Kung-Chung Liu, Yun-Peng Chu
Market Power In Chinese Taipei: Laws, Policies And Treatments, Kung-Chung Liu, Yun-Peng Chu
Research Collection Yong Pung How School Of Law
The experience of Chinese Taipei shows that opening up a previously protected market to new entrants can be a more effective and reliable way to enhance competition than regulating the behavior of dominant or monopolistic firms. Moreover, when opening up the market, the liberalizing measures adopted by government should be market-structure-neutral. That is, it should not try to dictate the direction and results of market competition. A more pressure-resistant mechanism should be designed to deal with market power, taking the form of a regime that is cross-sector, independent and collective in its decision-making, such as has been the case with …
Contract Law, Andrew Phang
Contract Law, Andrew Phang
Research Collection Yong Pung How School Of Law
As expected, the number of Singapore cases during the year under review impacting the law of contract is enormous. As I have mentioned in previous reviews, this is due to the fact that the law of contract permeates virtually all areas of the law of obligations – and, on occasion, beyond as well. I will therefore adopt the approach which has been adopted during previous years: which is to focus, in the main, on general principles. There have – as we shall see – been a few cases that are of especial significance. Not surprisingly, given the fact that the …
From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander
From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this article I will outline the development of modern mediation in Sri Lanka. I use the term mediation to mean facilitative mediation. Accordingly, for the purposes of this article, mediation does not include processes such as conciliation or evaluative mediation, which are used in Sri Lanka, for example in industrial dispute resolution practice.
From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander
From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this article I will outline the development of modern mediation in Sri Lanka. I use the term mediation to mean facilitative mediation. Accordingly, for the purposes of this article, mediation does not include processes such as conciliation or evaluative mediation, which are used in Sri Lanka, for example in industrial dispute resolution practice.
The Statutory Derivative Action In Singapore: A Critical And Comparative Examination, Pearlie Koh
The Statutory Derivative Action In Singapore: A Critical And Comparative Examination, Pearlie Koh
Research Collection Yong Pung How School Of Law
As a mechanism for shareholder control of corporate wrongs and thus as a tool of corporate governance, the statutory derivative action has had much international attention given to it, particularly in the last 10 years. Singapore introduced its statutory derivative action in 1993 and since then, there have been two reported cases in which the action was invoked. In this paper, I consider the Singapore derivative action as contained in sections 216A and 216B of the Singapore Companies Act. The approach taken is a comparative one as I also look at the statutory derivative actions in Australia and other common …
The Protection Of Well-Known Marks In Taiwan: From Case Study To General Theory, Kung-Chung Liu
The Protection Of Well-Known Marks In Taiwan: From Case Study To General Theory, Kung-Chung Liu
Research Collection Yong Pung How School Of Law
Although the use of trademarks in China can be traced back over one thousand years (Liu's needle shop with the "white rabbit" mark ca. A.D. 960-1126), a statutory regulation of trademarks was not undertaken until very late in the Qing dynasty, and this only happened due to foreign pressure.' In 1904, the British Herd helped draft the "Shang Piao Chu Ts'e Shih Pan Chang Ch'eng," which never took effect.2 In 1923, the government promulgated the Trade Mark Act and in 1927 the "Ch'iian Kuo Chu Ts'e Chii Chu Ts'e T'iao Li."3 In 1930, the "New Trade Mark Act," 4 which …
Injunctions Restraining Calls On Performance Bonds: Is Fraud The Only Ground In Singapore?, Quentin Loh, Hang Wu Tang
Injunctions Restraining Calls On Performance Bonds: Is Fraud The Only Ground In Singapore?, Quentin Loh, Hang Wu Tang
Research Collection Yong Pung How School Of Law
This paper traces the divergence of Singapore law from English law with regard to the grounds upon which a call on a performance bond can be restrained, in particular the recent recognition of the Singapore Court of Appeal's ruling that "unconscionability" is a separate ground to restrain the call of a performance bond. This article examines the legal nature of an on demand performance bond and seeks to challenge the assumption that a performance bond is a mirror image of a letter of credit. This paper also discusses the recent case of Cargill International v. Bangladesh Sugar and Food Industries …
Enhancing Economic Cooperation: A Regional Arbitration Centre For Asean?, Pearlie Koh
Enhancing Economic Cooperation: A Regional Arbitration Centre For Asean?, Pearlie Koh
Research Collection Yong Pung How School Of Law
Economic co-operation within ASEAN can be said to have seriously begun only at the beginning of the nineties. Prior to that, it was well known that, ASEAN as a co-operative grouping, had existed mainly with a political and strategic focus. It is with this focus that ASEAN managed to establish and maintain cohesiveness through the years despite the shaky beginnings of what has been described as a 'brittle alliance' borne of a common fear of communism. And it is with this focus that ASEAN, as a regional grouping, has generally been hailed as a success.
Treatment Of Multi-Courts Jurisdiction Agreements, Seow Hon Tan
Treatment Of Multi-Courts Jurisdiction Agreements, Seow Hon Tan
Research Collection Yong Pung How School Of Law
An increasingly popular manner of drafting jurisdiction clauses in cross-border contracts involves the selection of the courts of more than one jurisdiction. Traditionally, parties would submit all disputes to the courts of a particular country under an exclusive jurisdiction agreement or agree that the transaction is subject to a particular jurisdiction without intending to create an obligation to proceed there and nowhere else. Of late, the Singapore courts have encountered litigation over multi-courts jurisdiction agreements. A common form involves the naming of a particular court with one of the parties being given the option to proceed anywhere else.
Law And Values In Governance: The Singapore Way, Eugene K. B. Tan
Law And Values In Governance: The Singapore Way, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The article examines the role of law and the legal system in catalysing Singapore's development success. It argues that there is a dichotomy in the approach with regard to commercial law and law relating to individual freedom and rights and civil society. Universalism characterises the treatment of commercial laws while cultural relativism and a communitarian-based understanding of rights and obligations are features of the law relating to the rights of the individual. Instrumentalism, driven by a particularistic 'communitarian' political philosophy underpinned by strong Confucianist values, is very much motivated by the need for good governance as a prerequisite for economic …
The Singapore Legal System – History, Theory And Practice, Andrew B.L. Phang
The Singapore Legal System – History, Theory And Practice, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
Law is central to order and stability and, without order and stability, societal as well as economic viability (let alone progress) are impossible The alternative is 'rule of man', and all the dangers of fallibility and (consequently) despotism that that entails. One central difficulty has, of course, been the maintenance of the argument that law is consonant with objective truth for if the law does not in fact possess this quality, then the 'rule of law' turns out to be the 'rule of man' after all. However, it is difficult, on rational grounds at least, to reject the concept of …
Imagining The Future: Training Hong Kong Lawyers For The 21 St Century, David N. Smith
Imagining The Future: Training Hong Kong Lawyers For The 21 St Century, David N. Smith
Research Collection Yong Pung How School Of Law
Hong Kong must commit itself now to becoming one of the leaders in legal education in Asia and the world. To do so, it must dramatically rethink the structure, process and content of legal education. This will not be easy, but it is essential if Hong Kong is to continue to serve as one of the great centres of finance, trade and technology in the world and if it is to maintain and secure a position of leadership in 21st century China and the Pacific region.
Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee
Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This article examines the nature and prevalence of sexual harassment in the work environment, and compares civil and criminal law in Singapore to the approaches taken by various jurisdictions in dealing with the problem. It is submitted that legislation is needed to protect employees, as Singapore law currently does not present any clear and coherent means for victims to seek redress for workplace sexual harassment.
The Singapore Electronic Transactions Act 1998 And The Proposed Article 2b Of The Uniform Commercial Code, Andrew B.L. Phang
The Singapore Electronic Transactions Act 1998 And The Proposed Article 2b Of The Uniform Commercial Code, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
It is axiomatic that the law must change with the times. And nowhere is this more starkly demonstrated than in the shift, particularly during the last decade or so, into the information age - a shift that has radically changed the face of commerce, and will continue to do so in the years to come. In the context of commercial law, the focus on goods and property, so prevalent particularly in the middle of this century, is now giving way to an acknowledgment that the relevant legal regimes must accommodate information as contractual subject-matter. In this regard, it is widely …