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Articles 1 - 30 of 36
Full-Text Articles in Law
Reflecting On Appeals On Questions Of Law Arising Out Of Domestic Arbitration Awards, Darius Chan, Paul Tan
Reflecting On Appeals On Questions Of Law Arising Out Of Domestic Arbitration Awards, Darius Chan, Paul Tan
Research Collection Yong Pung How School Of Law
Domestic arbitration awards rendered under the Arbitration Act (Cap 10, 2002 Rev Ed) (“the Act”) can be subject to appeal on a question of law arising out of an award. Unless parties consent, an appeal can only be brought with the leave of court.
Revisiting The Similar Fact Rule In Singapore: Public Prosecutor V. Mas Swan Bin Adnan And Another, Siyuan Chen
Revisiting The Similar Fact Rule In Singapore: Public Prosecutor V. Mas Swan Bin Adnan And Another, Siyuan Chen
Research Collection Yong Pung How School Of Law
The similar fact rule in Singapore—as with the law on any evidence law doctrine that can be found in both our Evidence Act and the common law—has required clarification for some time. This note, which discusses the latest local decision on the similar fact rule, considers if that decision is compatible with the Evidence Act and the various conceptualisations underlying the doctrine.
Have We Become A Template Nation?, Tan K. B. Eugene
Have We Become A Template Nation?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In his commentary, SMU assistant professor of law Eugene Tan observed that last week's three MRT service breakdowns have raised concerns over whether our public transport system is able to cope with the increased commuter load and public expectations. While the road and rail infrastructure has grown significantly in the last few years, doubts now fester as to whether the relevant organisations, the people who run them and the systems and policies, have kept pace.
Investment Treaty Disputes: Ideological Fault Lines And An Evolving Zeitgeist, Locknie Hsu
Investment Treaty Disputes: Ideological Fault Lines And An Evolving Zeitgeist, Locknie Hsu
Research Collection Yong Pung How School Of Law
The zeitgeist of the 21st century in the field of investment treaty arbitrations comprises a rise in the number of such arbitrations and accompanying observations on the unwieldy jurisprudential effects of such a rise. The international investment arbitration community is alive with discussion over these effects, which discussion includes an examination of the value of prior awards as precedents.' The existing regime based on treaty interpretation clearly provides no formal system of precedent and the 'players' (read: arbitrators) change from dispute to dispute as investment arbitration tribunals do not fall within a single, neat judicial hierarchical system. With the number …
The Prosecution's Duty Of Disclosure In Singapore: Muhammad Bin Kadar V Public Prosecutor [2011] 3 Slr 1205, Siyuan Chen
The Prosecution's Duty Of Disclosure In Singapore: Muhammad Bin Kadar V Public Prosecutor [2011] 3 Slr 1205, Siyuan Chen
Research Collection Yong Pung How School Of Law
The Court of Appeal (CA) judgment in Muhammad bin Kadar v Public Prosecutor created quite a stir in Singapore. The case pertained to a murder involving two suspects, and its resolution took almost six years, with many twists and turns as to the actual facts. The CA attributed the confusion in part to questionable practices adopted by the police and the prosecution at various points in the proceedings, and reserved strong words for them in its judgment. It also established new requirements for the prosecution regarding its duty to the court to disclose relevant material not favourable to the case …
Finding The Appropriate Mode Of Dispute Resolution: Introducing Neutral Evaluation In The Subordinate Courts, Dorcas Quek Anderson, Chi-Ling Seah
Finding The Appropriate Mode Of Dispute Resolution: Introducing Neutral Evaluation In The Subordinate Courts, Dorcas Quek Anderson, Chi-Ling Seah
Research Collection Yong Pung How School Of Law
The Alternative Dispute Resolution (ADR) movement has gained significant traction over the last three decades and has been expanding at a rapid pace in many common law jurisdictions. The allure of ADR lies, in large part, in its recognition of litigants’ desire for self-determination and autonomy in resolving their disputes. ADR became even more attractive as dissatisfaction with the traditional court system grew. In the seminal Roscoe Pound Conference on Popular Causes of Dissatisfaction with the Administration of Justice in USA, the changing role of the courts was highlighted, casting ADR further into the spotlight.i Instead of offering only adjudication …
Prevention Of Vessel-Source Marine Pollution: A Note On The Challenges And Prospects For Chinese Practice Under International Law, Nengye Liu, Frank Maes
Prevention Of Vessel-Source Marine Pollution: A Note On The Challenges And Prospects For Chinese Practice Under International Law, Nengye Liu, Frank Maes
Research Collection Yong Pung How School Of Law
This article examines China’s domestic legal regime for the prevention of vessel sourcepollution. It pays special attention to the recently adopted Regulation on Preventionand Control of Marine Pollution from Vessels. Potential challenges and emerging issuesthat China has to confront are addressed, including: application of the legislation todisputed sea areas between China and its neighbors, freedom of navigation in theexclusive economic zone, reduction of emission from ships, and prevention of invasivespecies from ballast water.
Trust And The Commitment To Fairness, Tan K. B. Eugene
Trust And The Commitment To Fairness, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant Professor Eugene Tan writes that tripartism has given us years of industrial peace and prosperity in Singapore, but warns that trust must work both ways. The high principle of tripartism does not necessarily mean that the partners will subscribe to the same policies and outlook on what is needed for workplace harmony.
A Sentinel To Good Governance, Tan K. B. Eugene
A Sentinel To Good Governance, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant Prof Eugene Tan reviews S.R. Nathan's 12-year term as Head of State, and suggests President Nathan played a key role in defining the functions of the Elected Presidency.
Let Presidential Hopefuls Have Their Say, Jack Tsen-Ta Lee
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.
Mr Gandhi’S Terror Sermon, Shubhankar Dam
Mr Gandhi’S Terror Sermon, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
The Elected Presidency In A New Normal, Tan K. B. Eugene
The Elected Presidency In A New Normal, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Asst Prof Eugene Tan shared his views on the outcome of the recently concluded Presidential Election and commented on the need for both the incoming President and the Government to evolve the office of the President in a manner that is in sync with Singaporeans' expectations.
Holding To A Moral Compass Against The Pull Of Profits, Tan K. B. Eugene
Holding To A Moral Compass Against The Pull Of Profits, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant Professor Eugene Tan writes that as Singapore society becomes more complex, our law schools cannot just produce good legal technicians but are challenged to produce lawyers who are innovators and can utilize the law creatively to produce effective and efficient outcomes, and solutions infused with social justice and fairness. Today, the first batch of SMU law students comprising 106 LLB and 17 Juris Doctor degree students graduates.
Explaining Contractual Remoteness In Singapore, Yihan Goh
Explaining Contractual Remoteness In Singapore, Yihan Goh
Research Collection Yong Pung How School Of Law
The Singapore Court of Appeal (the Court of Appeal) has in MFM Restaurants Pte Ltd v Fish & Co Restaurants Pte Ltd rejected Lord Hoffinann's assumption of responsibility test (articulated in The Achilleas) to determine whether damages are too remote in a contractual claim. The Court of Appeal, however, retained assumption of responsibility as a concept to explain the orthodox test for remoteness as embodied in Hadley v Baxendale. To that extent, it expressly accepted Lord Hoffmann's approach in The Achilleas in so far as the concept of assumption of responsibility is already incorporated or embodied in both limbs of …
Television May Be Game-Changer, Tan K. B. Eugene
Television May Be Game-Changer, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
To wid presidential candidates will have to secure strong support across the political divide
The Final Twist In Common Intention? Daniel Vijay S/O Katherasan V. Public Prosecutor, Siyuan Chen
The Final Twist In Common Intention? Daniel Vijay S/O Katherasan V. Public Prosecutor, Siyuan Chen
Research Collection Yong Pung How School Of Law
It was only in 2008 that the Court of Appeal made a seminal restatement of the law on common intention, particularly with respect to liability in so-called ‘twin crime’ situations. The question posed then was posed again recently in Daniel Vijay: what exactly is the required mens rea for the secondary offender in such situations? In 2008, the Court of Appeal said that the secondary offender had to subjectively know that one in his party might likely commit the collateral offence in furtherance of the common intention of carrying out the primary offence. Now, in Daniel Vijay, the Court …
Is There A Truly Independent Candidate?, Tan K. B. Eugene
Is There A Truly Independent Candidate?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant Professor of Law Eugene Tan provides an analysis of the three possible presidential election candidates, the Government's role in endorsing its preferred candidate and how the presidential election campaign is likely to pan out.
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
The Court of Appeal decision in Chan Cheng Wah v Koh Sin Chong Freddie and another appeal [2012] 1 SLR 506 ("Chan Cheng Wah (CA)") concerned the nature of defamatory meaning and the defences of justification and qualified privilege. The dispute arose from two allegedly defamatory statements published in the minutes of meeting of a management committee of a club ("current MC") concerning the actions of the previous management committee ("previous MC"). Four members of the previous MC sued the defendant, the president of the current MC, in respect of the statements.
A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee
A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Singapore is not well known for its archaeological heritage. In fact, chance finds in the early 20th century and systematic archaeological excavations since the 1980s conducted at sites around the Singapore River have unearthed artefacts shedding light on the island’s early history. In addition, the value of archaeology for a deeper knowledge of Singapore’s British colonial past is increasingly being recognized. Nonetheless, Singapore law provides only a rudimentary framework to facilitate archaeological investigations and protect cultural artefacts. This article considers how the National Heritage Board Act (Cap 196A, 1994 Rev Ed), the Planning Act (Cap 232, 1998 Rev Ed), and …
Post Election, Let The Healing Begin, Tan K. B. Eugene
Post Election, Let The Healing Begin, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant professor of law Eugene Tan notes in his commentary that a more complex global environment, a rapidly changing Singapore and the challenges it faces will require political parties and Singaporeans alike to mature politically so that Singapore's politics will not limit its potential as a nation.
Key Issues That Have Not Been Addressed, Tan K. B. Eugene
Key Issues That Have Not Been Addressed, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The last nine days of hustings period have provided for a most engaging electoral campaign in recent memory. There seems to be a nascent but growing political consciousness and Singaporeans are not shy to express their political inclinations and loyalties.
Singapore Apex Court Lays Down Clear Framework For Arbitrability Of Insolvency-Related Claims, Darius Chan
Singapore Apex Court Lays Down Clear Framework For Arbitrability Of Insolvency-Related Claims, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Shaping Up For A Landmark Election, Tan K. B. Eugene
Shaping Up For A Landmark Election, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Asst Prof Eugene Tan talks about significant developments he hopes to see in the upcoming General Elections.
The Mandatory Death Penalty And A Sparsely Worded Constitution, Jack Tsen-Ta Lee
The Mandatory Death Penalty And A Sparsely Worded Constitution, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
It was not unexpected that the Singapore Court of Appeal would reaffirm the constitutionality of the mandatory death penalty for certain forms of drug trafficking in Yong Vui Kong v Public Prosecutor [2010] 3 S.L.R 489. ... The appellant made submissions based on Articles 9(1) and 12(1) of the Constitution, which respectively guarantee rights to life and personal liberty, and to equality before the law and equal protection of the law. This note examines aspects of the Article 9(1) arguments.
Elephants In The Room: Challenges Of Integrating China Into The Wto System, Henry S. Gao
Elephants In The Room: Challenges Of Integrating China Into The Wto System, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since China’s accession to the WTO in late 2001, one of the most intriguing questions for trade analysts has been whether the “new kid on the block” would seek to disrupt the status quo in the WTO upon its entry. This paper answers the question by reviewing China’s participation in two key activities of the WTO, i.e., trade negotiations and dispute settlement, as well as another important component of global trade governance: regional trade agreements (RTAs). Drawing from an in-depth study of China’s record in these activities, the author argues that, overall, China has transformed from a passive “taker” of …
India And Pakistan: A Tale Of Judicial Appointments, Shubhankar Dam
India And Pakistan: A Tale Of Judicial Appointments, Shubhankar Dam
Research Collection Yong Pung How School Of Law
Recent judicial appointments in India and Pakistan have led to battles between their respective judicial and executive branches. In a moment of remarkable constitutional coincidence, two appointments were set aside in India and Pakistan last week. First, India's Supreme Court invalidated the appointment of P. J. Thomas to the Central Vigilance Commission (CVC). Days later, Pakistan's Supreme Court invalidated Deedar Shah's appointment to the National Accountability Bureau (NAB).
The China-Taiwan Ecfa, Geopolitical Dimensions And Wto Law, Pasha L. Hsieh
The China-Taiwan Ecfa, Geopolitical Dimensions And Wto Law, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article examines legal and geopolitical aspects of the China-Taiwan Economic Cooperation Framework Agreement (ECFA). It begins by analyzing areas in which the two governments’ measures contravene rules of the World Trade Organization (WTO). In particular, it provides the first detailed examination of the significant implications emerging from the ECFA for cross-straits trade relations and East Asian regionalism. The article also explains how the ECFA was modeled on free trade agreements (FTAs) of the Association of Southeast Asian Nations and assesses the impact of the ECFA’s early harvest program. Finally, the article discusses the ECFA’s consistency with WTO requirements for …
Changes May Mean Slaying Sacred Cows, Tan K. B. Eugene
Changes May Mean Slaying Sacred Cows, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Changing may means slaying sacred crows
Liberalization Of Taiwan’S Securities Markets: The Case Of Cross-Taiwan-Strait Listings, Wen-Yeu Wang, Christopher Chao-Hung Chen
Liberalization Of Taiwan’S Securities Markets: The Case Of Cross-Taiwan-Strait Listings, Wen-Yeu Wang, Christopher Chao-Hung Chen
Research Collection Yong Pung How School Of Law
The purpose of this paper is to examine the liberalization of Taiwan’s capital market regarding cross-Taiwan-Strait listing of securities. Taiwan is in an advantageous position to compete with other Asian rivals to attract issuers and capital from China. However, the long political hostility ensures that there is little regulatory cooperation on both sides of the Taiwan Strait. Assuming that the creation of a cross-strait capital market is an unstoppable trend, this paper examines from the perspective of regulatory competition several regimes that may facilitate Taiwan to overcome regulatory obstacles arising from the special Sino-Taiwan relationship. This paper argues that regulatory …
Agency And Partnership Law [2010], Pearlie Koh, Stephen Bull
Agency And Partnership Law [2010], Pearlie Koh, Stephen Bull
Research Collection Yong Pung How School Of Law
No abstract provided.