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Articles 31 - 60 of 86
Full-Text Articles in Law
According To The Spirit And Not To The Letter: Proportionality And The Singapore Constitution, Jack Tsen-Ta Lee
According To The Spirit And Not To The Letter: Proportionality And The Singapore Constitution, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
When interpreting the fundamental liberties in the Singapore Constitution, courts presently do not engage in a proportionality analysis – that is, a consideration of whether limitations on rights imposed by executive or legislative action bear a rational relation with the object of the action, and, if so, whether the limitations restrict rights as minimally as possible. The main reason for this appears to be the expansive manner in which exceptions to the fundamental liberties are phrased, and the courts’ deferential attitude towards the political branches of government. This paper considers how the rejection of proportionality has affected the rights to …
The Protection From Harassment Act 2014: Legislative Comment, Yihan Goh, Man Yip
The Protection From Harassment Act 2014: Legislative Comment, Yihan Goh, Man Yip
Research Collection Yong Pung How School Of Law
The Protection from Harassment Act 2014 (“Act”) was passed by Parliament on 13 March 2014 following its Second Reading. The Act is a culmination of a concerted ministerial effort to bring about legislative change to the laws governing harassment. Bringing together the background to the Act, its general structure and its specific provisions, this article aims to add to the undoubted long list of commentaries on the Act and, it is hoped, contribute to the understanding and enforcement of the Act.
Mediated Postnuptial Agreements And Ancillary Matters, Siyuan Chen
Mediated Postnuptial Agreements And Ancillary Matters, Siyuan Chen
Research Collection Yong Pung How School Of Law
When the parties in a divorce have, with the benefit of legal counsel, gone through mediation and negotiated an agreement to settle the ancillary issues of maintenance and the division of matrimonial assets, is there any reason for the court to exercise its statutorily conferred discretion to ignore such an agreement or should it seek to uphold it despite objections from one of the parties? Whereas the High Court in this case declined to follow all of the terms in the agreement on the ground that some of them were not just and equitable, the Court of Appeal held that …
A Principled And Structured Approach For Ascertaining Beneficial Interests In Property Disputes: Chan Yuen Lan V See Fong Mun [2014] Sgca 36, Alvin W. L. See
A Principled And Structured Approach For Ascertaining Beneficial Interests In Property Disputes: Chan Yuen Lan V See Fong Mun [2014] Sgca 36, Alvin W. L. See
Research Collection Yong Pung How School Of Law
In Chan Yuen Lan v See Fong Mun [2014] SGCA 36, the Court of Appeal provided important clarifications about the relationship between a resulting trust and a common intention constructive trust for the purpose of ascertaining beneficial interests in cases of property dispute. This issue, which has attracted much speculations, was left open in Lau Siew Kim v Yeo Guan Chye Terence [2007] SGCA 54 where the same court merely confirmed the continued relevance of the twin presumptions of resulting trust and advancement.
Overview Of The Impending Changes In The Family Justice Landscape, Siyuan Chen
Overview Of The Impending Changes In The Family Justice Landscape, Siyuan Chen
Research Collection Yong Pung How School Of Law
Singapore’s family justice landscape is set to witness a sea-change when the key features of the new Family Justice Act, as well as recommendations from the Committee for Family Justice (chaired by the Senior Minister of State for Law and Education, Justice VK Rajah, and Justice Andrew Phang), materialise in the months ahead.
Mediated Postnuptial Agreements And Ancillary Matters: Surindar Singh S/O Jaswant Singh V Sita Jaswant Kaur [2014] Sgca 37, Siyuan Chen
Research Collection Yong Pung How School Of Law
When the parties in a divorce have, with the benefit of legal counsel, gone through mediation and negotiated an agreement to settle the ancillary issues of maintenance and the division of matrimonial assets, is there any reason for the court to exercise its statutorily conferred discretion to ignore such an agreement or should it seek to uphold it despite objections from one of the parties? Whereas the High Court in this case declined to follow all of the terms in the agreement on the ground that some of them were not just and equitable, the Court of Appeal held that …
Default Standards For Non-Absolute Obligation Clauses: Ks Energy V Br Energy Electricity Generation V Woodside Energy, Man Yip, Yihan Goh
Default Standards For Non-Absolute Obligation Clauses: Ks Energy V Br Energy Electricity Generation V Woodside Energy, Man Yip, Yihan Goh
Research Collection Yong Pung How School Of Law
A “reasonable endeavours” undertaking, and its variants, are common features of commercial contracts. These clauses might be inserted into agreements to balance the interests of the parties where the achievement of the contractual object involves conditions beyond the obligor’s control, for example, the procurement of a third party’s performance. Equally common is the insertion of these clauses into contracts to resolve a negotiation stalemate where one party refuses to promise the absolute achievement of the contractual objective.
Challenges In The Enforcement Of Animal Protection Laws In Singapore, Alvin W. L. See
Challenges In The Enforcement Of Animal Protection Laws In Singapore, Alvin W. L. See
Research Collection Yong Pung How School Of Law
Singapore has fairly powerful animal protection laws. In practice, however, these laws are only powerful to the extent that they are actually enforced. In Singapore, the low number of prosecutions for animal cruelty is a cause for serious concern. While there can be a myriad of reasons for this phenomenon, this paper argues that one primary cause is the insufficient understanding of what amounts, or may amount, to cruelty at law. This results in an unsound enforcement policy which reduces the protection afforded to animals. By highlighting this problem, this paper hopes to draw attention to the importance of the …
An Overview Of The Impending Changes In The Family Justice Landscape, Siyuan Chen
An Overview Of The Impending Changes In The Family Justice Landscape, Siyuan Chen
Research Collection Yong Pung How School Of Law
Singapore’s family justice landscape is set to witness a sea-change when the key features of the new Family Justice Act, as well as recommendations from the Committee for Family Justice (chaired by the Senior Minister of State for Law and Education, Justice VK Rajah, and Justice Andrew Phang), materialise in the months ahead.
Restitution Of Mistaken Enrichment Under Section 73 Of Malaysia's Contracts Act 1950: Pouring New Wine Into An Old Bottle?, Alvin W. L. See
Restitution Of Mistaken Enrichment Under Section 73 Of Malaysia's Contracts Act 1950: Pouring New Wine Into An Old Bottle?, Alvin W. L. See
Research Collection Yong Pung How School Of Law
This article makes two main suggestions regarding the interpretation of s 73 of Malaysia's Contracts Act 1950, which sets out the right to recover a mistaken enrichment. The first suggestion is that the courts should have regard to the historical background against which the section was enacted, especially because the pre-enactment common law was a historical curiosity. This will dispel certain misconceptions about the nature of the statutory right by shedding light on its supposed affinity with contract and its relationship with the obsolete forms of action and the principle of unjust enrichment. The second suggestion is that the content …
Enhancing Sentences In The Absence Of A Prosecution Appeal, Kwan Ho Lau
Enhancing Sentences In The Absence Of A Prosecution Appeal, Kwan Ho Lau
Research Collection Yong Pung How School Of Law
Sometimes, following aconviction, an appeal is brought by the convicted person without anycross-appeal by the Prosecution on the sentence. Can the appellate courtnevertheless increase the sentence imposed below? This study of the relevant casesand statutory provisions in Singapore suggests that both the High Court and the Court ofAppeal are vested with the power to increase the sentence even where theonly appeal is brought by the convicted person.
The Race Towards A New York Convention For Cross-Border Mediated Settlement Agreements: The Fable Of The Tortoise And The Hare Revisited?, Nadja Alexander
The Race Towards A New York Convention For Cross-Border Mediated Settlement Agreements: The Fable Of The Tortoise And The Hare Revisited?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, some thoughts on the discussions on the New York Convention for Mediation are presented.
Relevance Of The Regulatory State In North/South Intersections, Mark Findlay, Si Wei Lim
Relevance Of The Regulatory State In North/South Intersections, Mark Findlay, Si Wei Lim
Research Collection Yong Pung How School Of Law
Purpose – What seems like a new social anthropology of global regulation is an endeavour much too grand for this paper, even though it has much merit. To contain the analysis which follows, the discussion of social embeddedness will be restricted to a comparison of markets which retain some local or regional integrity from those which have become largely removed from cultural or communal social bonds. An example is between markets trading in goods and services with a consumer base which is local and subsistence, and markets in derivative products that are inextricably dependent on supranational location. The paper aims …
Public Health Regulation: Convergence, Divergence, And Regulatory Tension: An Asian Perspective, Locknie Hsu
Public Health Regulation: Convergence, Divergence, And Regulatory Tension: An Asian Perspective, Locknie Hsu
Research Collection Yong Pung How School Of Law
Regulatory issues relating to public health, including regulation of access to medicines and tobacco control have increasingly been the source of tension in recent trade and investment negotiations, treaties and disputes. The ongoing Trans-Pacific Partnership negotiations, which include a number of developing Asian states, are an example that brings some of these issues to the fore and show a divergence of negotiating views.
The intersection between public health regulation and trade and investment treaties has given some Asian states significant pause for thought; it has further led the international system to a critical need to confront the overlap of legal …
Singapore's New Discretionary Death Penalty For Drug Couriers: Public Prosecutor V Chum Tat Suan, Siyuan Chen
Singapore's New Discretionary Death Penalty For Drug Couriers: Public Prosecutor V Chum Tat Suan, Siyuan Chen
Research Collection Yong Pung How School Of Law
The article offers information on the history, evolution and significance of the new discretionary death penalty legislation for drug couriers in Singapore under the application of the Misuse of Drugs Act (MDA). It discusses the judicial decision of the Singaporean High Court in the case of Public Prosecutor v. Chum Tat Suan in which the Court convicted the accused with chareges of importing of more than 94.96g of diamorphine into Singapore that was punishable under section 33 of the MDA.
Subject To Review? Consideration, Liquidated Damages And The Penalty Jurisdiction, Eliza Mik
Subject To Review? Consideration, Liquidated Damages And The Penalty Jurisdiction, Eliza Mik
Research Collection Yong Pung How School Of Law
The paper examines the relationship between what seem to be basic principles in contract law: "consideration need not be adequate" and "the rule against penalties applies only to sums payable on breach." The 'reluctant inspiration' lies in the recent Australian case of Andrews v. Australia and New Zealand Banking Group Ltd, which establishes that the absence of breach or an obligation to avoid the occurrence of an event upon which a sum becomes payable, does not render such sum incapable of being characterized as a penalty. This decision constitutes an unexpected divergence from the position in most other common law …
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
Teo Wei Hsin Lawrence (Zhang Weixin), Tin Yan Ying Geraldine (Cheng Yanying Geraldine) v Management Corporation Strata Title Plan No 1525 [2014] SGDC 350 involved a suit by the owners of a condominium unit (the plaintiffs) against the management corporation of the development (the defendant). Three months after purchasing the unit, the plaintiffs undertook renovation works which were completed after about five months. Prior to moving in, the plaintiffs discovered mould on the interior walls and on their new cabinets located at the rear end of the unit. As the unit was in the corner of the development, the outside …
Our Best Negotiators Are Humble People…, Nadja Alexander
Our Best Negotiators Are Humble People…, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, some excerpts from the interview with one of Hong Kong’s leading police negotiators, Dr. Gilbert Wong, about his work as a crisis negotiator and his lessons for life and business are presented.
Terms Of Use: Reflections On A Theme, Eliza Mik
Terms Of Use: Reflections On A Theme, Eliza Mik
Research Collection Yong Pung How School Of Law
The paper presents multiple perspectives on the unpopular but omnipresent terms of use (or "ToUs"), i.e. terms and conditions contained in a link at the bottom of many websites. ToUs serve different functions: from governing the transaction taking place on a website, (e.g. contracts of sale) to the very act of browsing. Accordingly, every browsing experience has both a commercial and a legal tint. On a theoretical level ToUs raise concerns with regards to their validity as legally binding contracts as well as to their incorporation. Both formation and incorporation converge on the presence and quality of contractual intention. The …
Corporate Sociability: Analysing Motivations For Collaborative Regulation, Mark Findlay
Corporate Sociability: Analysing Motivations For Collaborative Regulation, Mark Findlay
Research Collection Yong Pung How School Of Law
The article explores the features and charts the principle theorizing of regulatory sociability from collaboration rather than intervention, whatever the interest-based motivation behind transforming crisis, toward orderliness. A key theme is the role played by corporations in facilitating and benefiting from sociability. A particular explanatory focus on the way in which corporate culture can change from predatory jurisdiction shopping to embracing mutuality of interests in the context of environmental sustainability is employed. The article concludes with a discussion of how, as compulsory discipline increases, it may produce compliance but at costs for regulatory sociability. The alternative regulatory paradigm is one …
Book Review/Response: Maartje De Visser And Laurent Pech On Comparative Constitutional Review In Europe, Laurent Pech, Maartje De Visser
Book Review/Response: Maartje De Visser And Laurent Pech On Comparative Constitutional Review In Europe, Laurent Pech, Maartje De Visser
Research Collection Yong Pung How School Of Law
Laurent Pech reviews Maartje de Visser’s recent book on Constitutional Review in Europe: A Comparative Analysis. Maartje de Visser then responds to the review.
What Can Mediators Learn From Crisis Negotiators?, Nadja Alexander
What Can Mediators Learn From Crisis Negotiators?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the key to crisis negotiating is explored.
Is Water Different From Biodiversity- Governance Criteria For The Effective Management Of Transboundary Resources, Michelle Mei Ling Lim
Is Water Different From Biodiversity- Governance Criteria For The Effective Management Of Transboundary Resources, Michelle Mei Ling Lim
Research Collection Yong Pung How School Of Law
Effective law for complex environmental issues requires a combination of sound policy, sophisticated doctrinal scholarship and effective institutional arrangements that suit the social and economic context. Together, these elements create the basis for good resource governance. This article sets out criteria that define an effective governance framework for transboundary resource management. To advance legal scholarship, access to such criteria can help frame comprehensive strategies for more effective environmental law. The article extends previously developed criteria for the effective transboundary conservation of terrestrial biodiversity to transboundary water resource governance. It discusses the relative ease with which each of the criteria can …
Nudging Cross-Border Mediation Forward, Nadja Alexander
Nudging Cross-Border Mediation Forward, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, nudging as a way to help people make good decisions is explained in the context of mediation.
Uk Defamation Act 2013: Key Changes, Kee Yang Low
Uk Defamation Act 2013: Key Changes, Kee Yang Low
Research Collection Yong Pung How School Of Law
The much awaited new legislation affecting English defamation law received Royal Assent in April 2013, ushering in changes substantive as well as cosmetic. Some of the substantive changes are radical and reflect the increasing emphasis on the right of freedom of expression. This comment deals with the key changes brought about by the new Defamation Act 2013.
The Responsibilities Of Lawyers For Their Clients Misstatements And Omissions To The Securities Market In Singapore, Wai Yee Wan
The Responsibilities Of Lawyers For Their Clients Misstatements And Omissions To The Securities Market In Singapore, Wai Yee Wan
Research Collection Yong Pung How School Of Law
This article examines the extent to which lawyers advising on the disclosure documents of their clients issued to the securities markets should be responsible for their clients’ disclosure failures. It identifies the following problems with the current framework. First, there is a lack of objective due diligence standards which lawyers are expected to meet when they are advising on public disclosure documents. Second, except for takeovers, lawyers are not subject to public enforcement actions even if they have not acted with due care and diligence in ensuring that their clients comply with their disclosure obligations. Third, private enforcement actions against …
The Singapore Do Not Call Register And The Text And Fax Exemption Order, Warren B. Chik
The Singapore Do Not Call Register And The Text And Fax Exemption Order, Warren B. Chik
Research Collection Yong Pung How School Of Law
The introduction of a text and fax exemption to the general “opt out” effect of the Do Not Call Registry have led to a debate over the effectiveness of the Registry in filtering out unwanted communication to telephone users. This article provides the background for the Registry and the reasons for the backlash as well as for the exemption. It will explain why the exemption is consistent with the existing policy towards, and legal treatment of text-based messages, but nevertheless question whether the distinction between voice and text-based messages is justified given the overall objective of the Personal Data Protection …
Enforcement Of The Duties Of Directors By The Securities And Futures Investors Protection Center In Taiwan, Christopher C. H. Chen
Enforcement Of The Duties Of Directors By The Securities And Futures Investors Protection Center In Taiwan, Christopher C. H. Chen
Research Collection Yong Pung How School Of Law
The purpose of this article is to examine the role of the Securities and Futures Investors Protection Center (SFIPC) in Taiwan in enforcing the duties of directors. To help shareholders or investors pursue a director for breach of company law or securities regulations, Taiwan created the SFIPC, a charity sanctioned by statutes, to bring class action or direct legal action on behalf of minority shareholders or individual investors. By conducting an empirical survey of judgments from lawsuits involving the SFIPC since its creation, we found that the SFIPC is generally very active in enforcing securities regulations but far less active …
China’S Role In The Changing Governance Of Arctic Shipping, Nengye Liu
China’S Role In The Changing Governance Of Arctic Shipping, Nengye Liu
Research Collection Yong Pung How School Of Law
This paper explores the role that China could play in the development of an effective international legal system for the governance of Arctic shipping. The first part describes the current international legal regime applicable to shipping activities in the Arctic. The second assesses China's relations with the United Nations Convention on the Law of the Sea (UNCLOS), the International Maritime Organization (IMO) and the Arctic Council. China's potential contribution to the governance of Arctic shipping is addressed in the final part.
The Paradoxes Of Secured Landing: Is There A Less Uneasy Case For The Priority Of Secured Claims In Bankruptcy?, Wei Zhang
Research Collection Yong Pung How School Of Law
This paper is inspired directly by two articles coauthored by Professors Bebchuk and Fried, which comprehensively questioned the efficiency of the bankruptcy priority awarded to secured claims. It starts by pointing out the following efficiency benefit of such priority largely unmentioned in the legal literature, including the Bebchuk and Fried articles: the priority of secured debts undermines borrowers’ incentives to pursue excessively risky investment projects under certain circumstances. However, this additional benefit also exposes two interrelated paradoxes pertaining to the welfare effects of secured claims with bankruptcy priority. For one thing, while issuance of secured senior debts helps constrain over-risky …