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Articles 1 - 22 of 22
Full-Text Articles in Law
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.
Part Ii - What Would You Do - With A Taniwha At The Table?, Ian Macduff
Part Ii - What Would You Do - With A Taniwha At The Table?, Ian Macduff
Research Collection Yong Pung How School Of Law
In the last issues of Negotiation Journal, the author explored the complicating factor of having a taniwha or spirit at the negotiating table in a New Zeland case. He challenged his readers to give him suggestions about how negotiators might grapple with often preplexing problems posed by the spiritual valus of their counterparts.
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 …
Global Trends In Mediation, Nadja Alexander
Global Trends In Mediation, Nadja Alexander
Research Collection Yong Pung How School Of Law
Mediation is a process both new, in terms of its emergence in the legal arena, and old in terms of its timeless universality. From its birth in the western world, mediation has travelled a winding and often challenging path through common law and then civil law jurisdictions. Suggestions that mediation would be nothing more than a short-lived fad have been short-lived themselves. At the same time many critical questions about mediation process, mediation structures and environment, and mediation outcomes have yet to be explored from a global and comparative perspective.
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.
Once A Director, Always A Fiduciary?, Pearlie Koh
Once A Director, Always A Fiduciary?, Pearlie Koh
Research Collection Yong Pung How School Of Law
The corporate director is subject to duties of good faith and loyalty. As he stands in a fiduciary position vis-a-vis the company on whose board he sits, he is subject to strict obligations of self-denial. Indeed, ensuring adherence to an absolute rule in this regard is justified by the need to control, albeit in a necessarily imperfect and arguably ineffective manner, the exercise of discretion by the director who stands in an undoubted position of power with respect to the company. A director therefore is obliged to avoid a conflict of interests and is prohibited from profiting from his office. …
What Would You Do - With A Taniwha At The Table?, Ian Macduff
What Would You Do - With A Taniwha At The Table?, Ian Macduff
Research Collection Yong Pung How School Of Law
In New Zealand, a complicating factor in some disputes may involve the presence (whether one believes it or not) of a taniwha, or spirit, as a major part of the negotiations. What advice would you have for mediators who face such significant cross-cultural, identity-based issues? The author hopes readers of this journal will be able to provide some insighful advice.
International Developments In Mediation (Internationale Entwicklungen Der Gerichtsnahen Mediation), Nadja Alexander
International Developments In Mediation (Internationale Entwicklungen Der Gerichtsnahen Mediation), Nadja Alexander
Research Collection Yong Pung How School Of Law
No abstract provided.
The Director's Fiduciary Obligations: A Fresh Look?, Pearlie Koh
The Director's Fiduciary Obligations: A Fresh Look?, Pearlie Koh
Research Collection Yong Pung How School Of Law
It is a pillar of equity that a person in a fiduciary position must not make a profit out of his trust which is part of the wider rule that a trustee must not place himself in a position where his duty and his interest may conflict (per Lord Upjohn in Phipps v. Boardman [1967] 2 A.C. 46, 123). The House of Lords in Regal (Hastings) v. Gulliver [1942] 1 All E.R. 378 demonstrated the unrelenting nature, and some have argued inequitable severity (see, e.g., Jones, (1968) 84 L.Q.R. 472), of the director-fiduciary’s obligations to his company. Such absolutism (Lowry …
Reform Of The Choice Of Law Rule Relating To Torts: Report Of The Law Reform Committee Of The Singapore Academy Of Law, Jimmy Yim, Suresh Divyyanathan, Woon Yin Liew, Yock Lin Tan, Joel Tye Beng Lee, Tiong Min Yeo
Reform Of The Choice Of Law Rule Relating To Torts: Report Of The Law Reform Committee Of The Singapore Academy Of Law, Jimmy Yim, Suresh Divyyanathan, Woon Yin Liew, Yock Lin Tan, Joel Tye Beng Lee, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
An act done abroad is actionable as a tort in Singapore if it is both actionable as a tort according to the law of Singapore and the law where the act was done. This double actionability rule which requires actionability by the law of Singapore even though the act in question was done abroad, was first enunciated in the 19th century when proof of foreign law was difficult and unfamiliarity with and perhaps suspicion of foreign law was inevitable. The UK, Australia, and Canada have replaced the rule with a more ‘international’ choice of law rule which reflects changes in …
Challenging Forensic Evidence? Observations Of The Use Of Dna In Certain Criminal Trials, Mark Findlay, Julia Grix
Challenging Forensic Evidence? Observations Of The Use Of Dna In Certain Criminal Trials, Mark Findlay, Julia Grix
Research Collection Yong Pung How School Of Law
Our interest in forensic evidence, and in the use of DNA within criminal trials in particular, arises out of our recent responsibility to review the Crimes (Forensic Procedures) Act 2000 in New South Wales. This review engaged various methodologies to enable an understanding of forensic evidence procedures, from investigation through to courtroom practice. Crucially, the review explored the significance of DNA evidence within criminal trials in order to speculate on ways in which such evidence may be received by the trial 'fact-finders' in an appropriate and enlightening manner.
Book Review: East Meeting West In The Mediation Marketplace, Nadja Alexander
Book Review: East Meeting West In The Mediation Marketplace, Nadja Alexander
Research Collection Yong Pung How School Of Law
China is now ‘all the rage’. Everyone is either learning Mandarin or tripping off on a conference to Beijing or a business trip to Shanghai. Commercial concerns are busy establishing trade links with Chinese partners to prepare for the emergence of the biggest marketplace in the world. The business of ADR is no exception.
Global Trends In Mediation, Nadja Alexander
Global Trends In Mediation, Nadja Alexander
Research Collection Yong Pung How School Of Law
Mediation is a process both new, in terms of its emergence in the legal arena, and old in terms of its timeless universality. From its birth in the western world, mediation has travelled a winding and often challenging path through common law and then civil law jurisdictions. Suggestions that mediation would be nothing more than a short-lived fad have been short-lived themselves. At the same time many critical questions about mediation process, mediation structures and environment, and mediation outcomes have yet to be explored from a global and comparative perspective.The civil law/ common law dichotomy has always been a fascination …
Independent Review Of The Crimes (Forensic Procedures) Act 2000, Mark Findlay
Independent Review Of The Crimes (Forensic Procedures) Act 2000, Mark Findlay
Research Collection Yong Pung How School Of Law
This Report focuses on the use of forensic procedures in the criminal justice system. It arises out of the requirement under section 122 of the Crimes (Forensic Procedures) Act 2000 (the Act) that the Minister (the Attorney General) review the Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
Illegality And Public Policy, Boon Leong, Andrew Phang
Illegality And Public Policy, Boon Leong, Andrew Phang
Research Collection Yong Pung How School Of Law
No abstract provided.
The Law Of Guarantees In Singapore & Malaysia, Kee Yang Low
The Law Of Guarantees In Singapore & Malaysia, Kee Yang Low
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.
Validity And Obligation In Natural Law Theory, Seow Hon Tan
Validity And Obligation In Natural Law Theory, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The relation between law and morality is a point of contention amongst legal philosophers. There are several issues: first, the extent to which law should incorporate moral standards; second, the effect of moral status on legal validity (the "validity question"); third, the effect of legal validity on the obligation created by the law (the "obedience question"). Because most positivists concede that it is desirable for law to accord with notions of justice and morals and that law often incorporates morals, the first issue features less prominently in the positivism-natural law debate. This article examines John Finnis's views on the latter …
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 …