Law Commons^™

Managing Judges Mathematically: An Empirical Study Of The Medical Malpractice Litigations In Shanghai, Wei Zhang

Research Collection Yong Pung How School Of Law

The post-Mao China has been increasingly managed mathematically, not the least in its judicial system. In this paper, I looked into some of the mathematical indicators used to judge the performance of judges in this nation, and ascertained their effects on the judicial decisions on medical malpractices in Shanghai. The findings of this paper support the previous study that qualitatively identified the judicial responses to such a quantified evaluation system. Underlying the effect of performance indicators is the Chinese judiciary’s bending toward populist pressure. Essentially, therefore, this paper serves to place in perspective the judicial populism well documented in the …

Reassessing The Trade-Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This article reassesses the trade-development nexus in international economic law and provides the first examination of the approach to realize the United Nations Sustainable Development Goals through regional integration. It argues that the emerging New Regional Economic Order in the multi-polar system will fortify the coalition of the developing countries in structuring the legalization of pro-development trade policy. For decades, the misconceived concept of special and differential treatment has ignored the reality of the North-South Grand Bargain and disconnected the World Trade Organization from its development objectives. The development crisis of the Doha Round requires a feasible “Plan B” for …

Non-Delegable Duty After Tiong Aik, Kee Yang Low, Ian Hao Ran Mah

Research Collection Yong Pung How School Of Law

The subject of non-delegable duty has troubled courts for some time. The recent UKSC decision in Woodland v STA has clarified the law somewhat. In the recent decision MCST No. 3322 v Tiong Aik, the Singapore Court of Appeal endorsed the UK position and made clarifications on the Singapore position. This article examines the Singapore position as expressed by the SGCA.

Partnerships, Vincent Ooi

Research Collection Yong Pung How School Of Law

Partnerships and tax—overview: The statutory definition of a partnership is the “relation which subsists between persons carrying on a business in common with a view of profit”. Those persons could be natural persons, or other legal entities such as companies or trustees. However, a registered company under the Companies Act (Cap. 50) (2006 Rev. Ed.) is not a partnership.

The Rcep: New Asian Regionalism And The Global South, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This article provides an up-to-date examination of the Regional Comprehensive Economic Partnership (RCEP), which is poised to become the world’s largest free trade agreement (FTA). It argues that the 16-country mega-FTA will galvanize the paradigm shift in Asian regionalism and build a normative foundation for the Global South in international economic law. Based on intertwined theoretical and substantive claims, this article opens an inquiry into the assertive legalism of developing nations in the new regional economic order. By analyzing the converging policies of the Association of Southeast Asian Nations (ASEAN), China and India, the article first demonstrates the status of …

Small And Safe, Rathna N. Koman

Research Collection Yong Pung How School Of Law

This paper seeks to address issues relating to the management of child protection in Singapore context. Currently the system provides an institutionalized multi-disciplinary approach to protecting children. The current integrated system of handling child abuse is comprehensive and thorough and seeks to serve the bests interests of the child. However given socio-economic and legal ramifications of child abuse, this paper proposes the following enhancements in the management of child protection. Fist reporting of child abuse should be made mandatory similar to the American Model. Failure to do so, should constitute an offence under the Children and Young Persons Act and …

The 2016 Amendments To Singapore’S Consumer Protection (Fair Trading) Act: A Missed Opportunity, Wee Ling Loo, Ee-Ing Ong

Research Collection Yong Pung How School Of Law

Singapore hasrecently amended its Consumer Protection (Fair Trading) Act in response to calls for tougher action against unscrupulous traders. The revisions were aimed at strengthening the government’s ability to deter and punish errant traders, witha focus on deterrence. To this end, the government introduced new investigatory powers, enhanced court powers and added one substantive consumer remedy. Despite this, the authors argue that Singapore’s consumer protection regime remains inadequate because: unfair practices have yet to attract criminalsanctions; no guidelines were issued to provide transparency and clarity on how the broad investigatory powers and harsher court powers are to be implemented; no …

International Investment Arbitration In Laos: Large Issues For A Small State, Romesh Weeramantry, Mahdev Mohan

Research Collection Yong Pung How School Of Law

Laos is no stranger to international investment arbitration. Despite its status as one of Southeast Asia's least developed countries, it has had an Investment Law for more than two decades and is also a party to several bilateral and Association of South East Asian Nations (ASEAN)-related investment agreements. More recently, two investment treaty claims have been made against it, one of which has given rise to an award challenge that went all the way to Singapore's highest court. This article will examine the history, evolution and current iteration of Laos' relationship with international investment law and focus on the two …

Vicarious Liability, Non-Delegable Duty And The Ng Huat Seng Decision, Kee Yang Low

Research Collection Yong Pung How School Of Law

In recent times, courts in Singapore and elsewhere have been grappling with the issue of delegability of duty of care. In the process, they have vigorously defended the conventional position that a duty of care is, in general, delegable. Accordingly, attempts at broadening the ambit of vicarious liability and non-delegable duty, respectively, have been carefully scrutinized. The recent Singapore Court of Appeal decision of Ng Huat Seng v Munib Mohammad Madni adds to the judicial thinking on this complicated and controversial subject.

Doctor's Duty Of Disclosure And The Singapore Court Of Appeal Decision In Hii Chii Kok: Montgomery Transformed, Kee Yang Low

Research Collection Yong Pung How School Of Law

The subject of a doctor’s duty of care to his patient, especially as regards the giving of advice, is a controversial one. In recent times, the courts and the medical professions in several jurisdictions have given their varying responses. In the Hii Chii Kok case, the Singapore Court of Appeal was faced with the difficult challenge of whether to and, if so, how to change the law. The judgment is as complex as it is important.

The Geopolitics Of Rare Earth Elements: Emerging Challenge For U.S. National Security And Economics, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Rare earth elements (REE) contain unique chemical and physical properties such as lanthanum, are found in small concentrations, need extensive precise processes to separate, and are critical components of modern technologies such as laser guidance systems, personal electronics such as IPhones, satellites, and military weapons systems as varied as Virginia-class fast attack submarines, DDG- 51 Aegis destroyers, the F-35 Joint Strike Fighter, and precision guided munitions. The U.S. has some rare earth resources, but is heavily dependent on access to them from countries as varied as Afghanistan, Bolivia, and China. Losing access to these resources would have significant adverse economic, …

Offences Against Foreign Domestic Workers In Singapore: Vindicating The Victim’S Right To Dignity, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

The High Court of Singapore recently increased the sentences of two employers who had starved their foreign domestic worker, causing serious physical injury. In so doing, the court affirmed the victim’s right to human dignity despite the relative leniency of the charge. This case prompts reflection not only on the vulnerability of foreign domestic workers and the courts’ role in protecting their basic dignity, but also on the prosecutors’ role in framing charges that accurately and completely reflect the infringement of rights.

Geopolitics Of Rare Earth Elements, Bert Chapman

Libraries Faculty and Staff Presentations

Rare earth elements (REE) contain unique chemical physical properties such as lanthamum, are found in small concentrations, need extensive precise properties to separate, and are critical components of modern technologies such as laser guidance systems, personal electronics such as IPhones, satellites, and military weapons systems as varied as Virginia-class fast attack submarines, DDG-51 Aegis destroyers, the F-35 Joint Strike Fighter, and precision guided munitions. The U.S. has some rare earth resources, but is heavily dependent on access to them from countries as varied as Afghanistan, Bolivia, and China. Losing access to these resources would have significant adverse economic, military, and …

Asean And The South China Sea: Approaches To Resolving The Conflict, Jennifer Jie Li

Independent Study Project (ISP) Collection

In recent years, tensions have escalated between actors in the South China Sea, one of which is the Association for Southeast Asian Nations (ASEAN), the region’s primary intergovernmental organization. The purpose of this report is to determine the effectiveness of ASEAN in resolving the South China Sea disputes and to clarify how geopolitical factors have impacted the organization’s actions. Through an analysis of evolving maritime claims and the current state of affairs, this paper suggests that ASEAN must be involved in any attempt to resolve the conflict peacefully. Acknowledging the importance of the diplomatic channels that ASEAN has created to …

Singapore’S First Reserved Presidential Election: More Haste, Less Speed, And A Missed Opportunity?, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

After much hype and anticipation that preceded it, Singapore’s sixth presidential election in September 2017 quickly reached an anti-climatic end when the Presidential Elections Committee in pre-qualifying three presidential hopefuls determined that only one person, Madam Halimah Yacob, was eligible to contest.

Lord Denning’S Influence On Contract Formation In Singapore: An Overdue Demise?, Chia Ming Lee, Kenny Chng

Research Collection Yong Pung How School Of Law

In a series of inconsistent decisions by the Singapore courts on contract formation in continuing negotiations cases, Lord Denning’s broad approach—which does away with the traditional offer and acceptance analysis—appears to have been simultaneously adopted and rejected. This article suggests that the continued uncertainty in Singapore regarding the scope of application of the traditional approach and Lord Denning’s approach arises from a conflation of both as being substantially similar. This article further argues that both approaches are conceptually and practically distinct. A better way forward for Singapore law in the area of contract formation in continuing negotiations cases, having regard …

Trust Needed To Ensure Our Resilience, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan shared his views on the crucial role of civil society in Singapore’s fight against terrorism. He believed that “confidence-building and trust are needed to ensure Singapore and Singaporeans build its stock of adequate social capital and resilience to withstand threats to its social fabric.” Associate Prof Tan noted that it is important that top-down and bottom-up approaches be taken to ensure continuous dialogue and engagement in order to promote such trust. “The role of civil society is crucial. Civil society can be meaningfully inducted to enhance a society's capacity to …

Personal Data Protection Act 2012: Understanding The Consent Obligation, Man Yip

Research Collection Yong Pung How School Of Law

The Personal Data Protection Act 20121 (“PDPA”) provides the baseline standards of protection of personal data and works in tandem with existing law to provide comprehensive protection. The birth of the legislation clearly signals Singapore’s commitment to protect the collection, use and disclosure of personal data in the age of big data and its awareness of the importance of such protection in strengthening Singapore’s position as a leading commercial hub. Significantly, the PDPA protection model balances “both the rights of individuals to protect their personal data” against “the needs of organisations to collect, use or disclose personal data for legitimate …

Quality Immigration Will Remain Singapore’S Lifeblood, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Seemingly innocuous individual decisions and life events, such as marriage, starting a family and migrating, have significant public-policy implications. This is reflected in the changing demographics of a country, which can affect the agility with which the country responds to the constantly evolving external environment.

The Case Against Physician-Assisted Suicide And Voluntary Active Euthanasia: A Jurisprudential Consideration, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Twenty years after the Advance Medical DirectiveAct came into force in Singapore, the issue of the legalisation ofphysician-assisted suicide and voluntary active euthanasia remains live. Thisarticle examines the case for legalisation, replying to the points raised inthe article by Toh Puay San and Stanley Yeo, “Decriminalisingphysician-assisted suicide in Singapore” (2010) 22 SAcLJ 379–412, which hadincluded draft legislation in its proposal. It critically discusses thetheoretical underpinnings of such legalisation and argues that the contentionof the authors that the benefits of allowing terminally-ill patients the optionof physician-assisted suicide far outweigh the harms is not supported. Afortiori, voluntary active euthanasia should not be …

50 Years On, S’Pore’S National Service Is Now A Shared Legacy, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

SMU Associate Professor of Law Eugene Tan contributed an opinion piece which argued that National Service (NS) provides Singapore with a security umbrella under which economic and commercial ambitions and aspirations can be purposefully pursued. Beyond its primary role as a defence force, NS has immense potential to shape society by nurturing national and civic consciousness, critical for Singapore’s multiracial society. “Given the extensive commitment, efforts continue to be made to strengthen the tripartite relationship between the Ministry of Defence and SAF [Singapore Armed Forces], employers and NSmen [men engaged in National Service]. They include recognising supportive employers and businesses, …

Myanmar’S Desperate Need To Escape Clutches Of Fear, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

SMU Associate Professor of Law Eugene Tan opined in a commentary that the recent escalation of the ethnic conflict in Myanmar’s Rakhine State drives home the hard truth that much remains unchanged despite the country’s tentative transition to a democracy. The latest surge in ethno-violence seems timed to coincide with the release of a report last week by an advisory commission led by former United Nations Secretary-General Kofi Annan.Associate Prof Tan noted that the spectre of even more conflict, violence and division will only derail Myanmar’s democratic transition and integration into the international community, to its collective peril. It could …

Improving Connectivity Between Asean's Legal Systems To Address Commercial Issues, Locknie Hsu, Pearlie M. C. Koh, Man Yip

Research Collection Yong Pung How School Of Law

This interim report on legal barriers to doing business in ASEAN coincides with the 50th Anniversary of ASEAN’s founding and the first year of the ASEAN Economic Community (AEC). The team is privileged to be supported by, among others, the Canada-ASEAN Business Council (CABC), given that it is also the 40th anniversary of dialogue relations between Canada and ASEAN.

Despite occasional misgivings about the “ASEAN Way”, ASEAN economic integration has come a very long way. The number of member States has grown over the 50 years since ASEAN’s founding, and the joint efforts among these States driving economic growth and …

China’S Evolving Approach To Environmental And Labour Provisions In Regional Trade Agreements, Henry S. Gao

Research Collection Yong Pung How School Of Law

In this article, the author reviews China’s experience with environmental and labour provisions by looking at its regional trade agreements, especially in terms of the evolution of the Chinese position. It concludes with a projection of how China’s approaches to such provisions might further develop in the future.

Parliament Hearing A Chance To Bring Closure To 38 Oxley Rd, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In Parliament on Monday, Prime Minister Lee Hsien Loong will attempt to rebut the grave allegations on the conduct of his office and the integrity of the Government levelled by his younger siblings, Mr Lee Hsien Yang and Dr Lee Wei Ling.

Agency And Partnership Law [2016], Pearlie M. C. Koh, Stephen Noel Henry Bull

Research Collection Yong Pung How School Of Law

No abstract provided.

Equity And Trusts [2016], Hang Wu Tang

Research Collection Yong Pung How School Of Law

No abstract provided.

Restitution [2016], Man Yip

Research Collection Yong Pung How School Of Law

No abstract provided.

Equity And Trusts [2016], Hang Wu Tang

Research Collection Yong Pung How School Of Law

No abstract provided.

Cross Border Public Offering Of Securities In Fostering An Integrated Asean Securities Market: The Experiences Of Singapore, Malaysia And Thailand, Wai Yee Wan

Research Collection Yong Pung How School Of Law

In 2015, the Association of South-East Asian Nations (ASEAN) Economic Community was formally established and its aim was to achieve, among other things, an integrated securities market within ASEAN.

Before the formal establishment of the ASEAN Economic Community, in 2009, with a view towards achieving the objective of securities integration, Singapore, Malaysia and Thailand adopted the ASEAN Disclosure Standards, a set of harmonized disclosure standards for issuers making cross-border initial public offerings (IPOs). These participating Member States also entered into a framework for the expedited review for cross-listings. However, more than 5 years later, there is no documented use of …