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Articles 1 - 30 of 59
Full-Text Articles in Law
China And E-Commerce: The Long And Winding Road, Henry S. Gao
China And E-Commerce: The Long And Winding Road, Henry S. Gao
Research Collection Yong Pung How School Of Law
Although it joined the World Trade Organization in 2001, China has largely kept silent on the e-commerce discussion and only made its first submission in this regard in 2016.
The Singapore Green Plan 2030: Analysing Its Implications On Law And The Legal Industry In Singapore, Wei Yao, Kenny Chng, Ken Wei Ong
The Singapore Green Plan 2030: Analysing Its Implications On Law And The Legal Industry In Singapore, Wei Yao, Kenny Chng, Ken Wei Ong
Research Collection Yong Pung How School Of Law
While sustainability has always been an important policy imperative in Singapore, the advent of the Singapore Green Plan 2030 marks a significant development in this regard. Announced in February 2021, the Green Plan represents a concerted national-level strategic shift towards advancing the sustainability agenda in Singapore. With sustainable development now being a ‘major policy priority’, it is inevitable that the Green Plan will have important legal implications, each of which will be identified and analysed in this paper. More broadly, however, the paper also suggests that the Green Plan will open up valuable opportunities for environmental law to receive greater …
Conceptualising A Role For The Common Law In Environmental Protection In Singapore, Kenny Chng
Conceptualising A Role For The Common Law In Environmental Protection In Singapore, Kenny Chng
Research Collection Yong Pung How School Of Law
In Singapore, the key institutions driving environmental protection are the legislature and the executive. The judiciary’s role in environmental protection has thus far been relatively minor. By drawing upon environmental law theory and comparative analysis of other common law jurisdictions, this paper aims to explore avenues through which the common law can be engaged more meaningfully to further environmental protection in Singapore. A conceptualisation of environmental law as directed at furthering the rule of law by promoting carefully-considered and participatory environmental governance will be suggested as a fruitful way forward for thinking about the role of the common law in …
'Good Administration' And The 'Good': The Normative Foundation For The Protection Of Legitimate Expectations, Wei Yao, Kenny Chng
'Good Administration' And The 'Good': The Normative Foundation For The Protection Of Legitimate Expectations, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
An idea that has gained significant traction in both case law and academic commentary as a justification for the protection of legitimate expectations is the concept of ‘good administration’. Going beyond the usual criticisms of the concept’s ambiguity, this article aims to highlight an additional set of difficulties with the invocation of ‘good administration’ as the normative justification for the doctrine. This article’s central argument is that the concept of ‘good’ invoked by the idea of ‘good administration’ inevitably falls to be substantiated by a particular conception of what the ‘good’ requires as a matter of political philosophy. And given …
Stamp Duty Traps To Watch Out For, Hern Kuan Liu, Vincent Ooi
Stamp Duty Traps To Watch Out For, Hern Kuan Liu, Vincent Ooi
Research Collection Yong Pung How School Of Law
On 15 December 2021, the Ministry of Finance introduced a new package of measures designed to cool the residential property market. The measures include increases in Additional Buyer’s Stamp Duty (“ABSD”), the tightening of the Total Debt Servicing Ratio, adjustments to the Loan to Valuation limit for loans from HDB and a planned increase of housing supply.Notably, there were significant increases in the ABSD rates applicable to almost all categories of buyers. The ABSD rates only remained unchanged for Singapore Citizens and Permanent Residents purchasing their first residential property (0% and 5% respectively). This article focuses on the implications of …
Scope Of Duty, Counterfactual Analysis And Birth Defects: The Challenging Case Of Khan V Meadows, Kee Yang Low, Jordan Ting Xuan Chia
Scope Of Duty, Counterfactual Analysis And Birth Defects: The Challenging Case Of Khan V Meadows, Kee Yang Low, Jordan Ting Xuan Chia
Research Collection Yong Pung How School Of Law
The tort of negligence has evolved into a sophisticated and calibrated framework. Even then, aspects of this elaborate structure are constantly being tweaked and, sometimes, challenged. Most recently, in the UKSC decision of Khan v Meadows, the spotlight is thrown on scope of duty analysis against the challenging backdrop of medical negligence and unwanted birth defects. The judgment of the majority suggests there is more that needs to be considered at the stage of damages, and that the sequential framework of negligence may benefit from some rearrangement.
Extraterritoriality Of Chinese Law: Myths, Realities And The Future, Zhengxin Huo, Man Yip
Extraterritoriality Of Chinese Law: Myths, Realities And The Future, Zhengxin Huo, Man Yip
Research Collection Yong Pung How School Of Law
While China strongly opposes the US practice of ‘long-arm jurisdiction’, it has decided to build its own legal system of extraterritoriality. This paradox reflects the crossroads at which China finds itself currently. Being a country weaker than the sole global superpower, it needs to stand firmly against the American ‘legal bullyism’ by invoking the shield of territorial sovereignty. Yet, as an emerging world power, it is in China’s interest to establish a legal system of extraterritoriality to safeguard its own national interests that extend globally. This article has two aims. First, it provides a comprehensive overview of the current model …
New Civil Procedure Rules In Singapore, Adeline Chong
New Civil Procedure Rules In Singapore, Adeline Chong
Research Collection Yong Pung How School Of Law
No abstract provided.
Making Money From Cryptocurrency? The Taxman May Call On You, Hern Kuan Liu, Vincent Ooi
Making Money From Cryptocurrency? The Taxman May Call On You, Hern Kuan Liu, Vincent Ooi
Research Collection Yong Pung How School Of Law
Miners, forgers, hobbyists, traders – different rules apply. Just don’t assume crypto investment is somehow immune to taxation.
The New Law On Foreign Interference: What's Next For Businesses?, Tan K. B. Eugene, Benjamin Joshua Ong
The New Law On Foreign Interference: What's Next For Businesses?, Tan K. B. Eugene, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The Foreign Interference (Countermeasures) Bill (Fica) was passed in Parliament on Monday after about 10 hours of impassioned debate. Despite the government agreeing to several amendments proposed by the Workers' Party, the substance was not changed in any significant way. Although the government provided more details on how Fica is to operate, more details will be unveiled when it comes into operation. What does all this mean for businesses?
Building A Restructuring Hub: Lessons From Singapore, Aurelio Gurrea-Martinez
Building A Restructuring Hub: Lessons From Singapore, Aurelio Gurrea-Martinez
Research Collection Yong Pung How School Of Law
This article analyses the legal, market and institutional features needed to become an international hub for debt restructuring. For that purpose, it explores the strategy followed by Singapore, as well as the market and institutional factors generally found in other leading centres for legal and financial services such as the United States, the United Kingdom and Hong Kong. In jurisdictions traditionally having creditor-oriented insolvency systems, such as the United Kingdom, Hong Kong and Singapore, one of the primary challenges for the improvement of the restructuring framework for debtors consists of making sure that the insolvency system remains protective of the …
Fica: What Checks & Balances Are Needed Against Powers Being Used Inappropriately?, Tan K. B. Eugene, Benjamin Joshua Ong
Fica: What Checks & Balances Are Needed Against Powers Being Used Inappropriately?, Tan K. B. Eugene, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
COMMENTARY: "The key question is not whether the state should have powers to take countermeasures, but rather whether there are adequate checks against the risk of those powers being inappropriately used."
Compensation For Frivolous Or Vexatious Prosecution, Benjamin Joshua Ong
Compensation For Frivolous Or Vexatious Prosecution, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
According to section 359(3) of the Criminal Procedure Code, an acquitted accused person may receive compensation if the prosecution was “frivolous or vexatious”. In Parti Liyani v Public Prosecutor, Singapore’s High Court – for the first time – comprehensively discussed what section 359(3) means and how it is to be applied. This article aims to outline and comment on the High Court’s decision, and to highlight several issues which may be explored in future.
The New Law On Foreign Interference – What’S Next For Businesses, Tan K. B. Eugene, Benjamin Joshua Ong
The New Law On Foreign Interference – What’S Next For Businesses, Tan K. B. Eugene, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
In a joint commentary, SMU Associate Professor of Law Eugene Tan and SMU Assistant Professor of Law Benjamin Joshua Ong discussed what the Foreign Interference (Countermeasures) Bill (Fica) means for businesses. They opined that businesses could have disclosure policies for themselves and their stakeholders, akin to conflict of interest disclosures. They also noted that more can be done to clarify the limits to government powers under Fica, and pointed out that conversations about foreign interference must go beyond Fica.
Emergency Procurement And Responses To Covid-19: The Case Of Singapore, Henry S. Gao
Emergency Procurement And Responses To Covid-19: The Case Of Singapore, Henry S. Gao
Research Collection Yong Pung How School Of Law
As one of the busiest trade and travel hubs in the world, Singapore quickly became the worst affected of all countries by COVID-19 in the very early stages of the pandemic. For example, on 5 February 2020, two weeks after the unprecedented lockdown in Wuhan by the Central Government of China, Singapore had the highest infection rate (24 cases out of a population of 5 million) in the world, higher than China (20,502 cases out of a population of 1.5 billion).1 Alongside the health emergency, Singapore also had to cope with another emergency as countries around the world, in a …
Choice Of Law For Formation Of Contracts: Solomon Lew V Kaikhushru Shiavax Nargolwala, Adeline Chong
Choice Of Law For Formation Of Contracts: Solomon Lew V Kaikhushru Shiavax Nargolwala, Adeline Chong
Research Collection Yong Pung How School Of Law
No abstract provided.
Singapore Will Soon Have Workplace Anti-Discrimination Laws: Here’S What You Need To Know, Benjamin Joshua Ong
Singapore Will Soon Have Workplace Anti-Discrimination Laws: Here’S What You Need To Know, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
Work is often a significant part of one’s life. Decisions by employers — including hiring decisions and choices on how to treat employees at work — can have life-changing effects on lives and livelihoods. Therefore, if there were reason to suspect that some employers make such decisions on the grounds of applicants’ or employees’ race, sex, or other personal characteristics without a valid reason, then we should be worried. If that were to become widespread, our society would suffer. Some people would face greater challenges than others at work, and therefore in life, merely because of who they are.
A Clarion Call For Businesses To Do Right, Tan K. B. Eugene
A Clarion Call For Businesses To Do Right, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Prime Minister Lee Hsien Loong's National Day Rally on Sunday signalled a putative shift in the government's policy towards tackling workplace discrimination and supporting lower-wage workers. While the tripartite approach remains the bedrock in industrial relations, the government is prepared to adopt a more muscular approach through regulation by legislation. Businesses must recognise the concerns of workers amid the unpredictable arc of the global pandemic. It cannot be business as usual.
Sporting Excellence And Ns: Abiding Principles For Rite Of Passage For Singaporean Sons, Tan K. B. Eugene
Sporting Excellence And Ns: Abiding Principles For Rite Of Passage For Singaporean Sons, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed how strict criteria for long-term national service (NS) deferment are necessary and fair to preserve universality and equity for all national servicemen, and must be applied without fear or favour. He explained the principles undergirding NS and gave examples of athletes achieving sporting excellence alongside fulfilling NS duties.
Why 9/11 Matters To Singapore, Tan K. B. Eugene
Why 9/11 Matters To Singapore, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed why 9/11 matters to Singapore. He opined that when it comes to countering the terrorist threat, civil society has an important role to play in strengthening inter-faith engagement and understanding.
Tackling Singapore’S Terrorism Threat: Bringing The People Back In, Tan K. B. Eugene
Tackling Singapore’S Terrorism Threat: Bringing The People Back In, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Eugene K B Tan, Associate Professor of Law at the Yong Pung How School of Law, Singapore Management University, considers Singapore’s response to the threat of terrorism following 9/11. This essay is based on an article published in the journal, Law and Policy (2009).
Singapore: National Report For The Global Access To Justice Project, Tan K. B. Eugene
Singapore: National Report For The Global Access To Justice Project, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Global Access to Justice Project is gathering the very latest information on the impact of the world’s major justice systems, analyzing legal, economic, social, cultural and psychological barriers that prevent or inhibit many, and not only the poor, from entering and using the legal system. The country report for Singapore follows the common framework provided by the Global Access to Justice Project Questionnaire.
Covid-19 And The 2020/21 International Moots Season, Siyuan Chen
Covid-19 And The 2020/21 International Moots Season, Siyuan Chen
Research Collection Yong Pung How School Of Law
This is the seventh annual review of Singapore’s performance in international moot court competitions. While the previous season already felt the ravaging effects of the pandemic, it was more of the same this season, although this time round, all the major competitions were prepared to go online.
Liability Of Maker Towards Subject Of Negligent Statement: Tan Woo Thian V Pricewaterhousecoopers, Kee Yang Low, Sheena Xuan Hui Heng
Liability Of Maker Towards Subject Of Negligent Statement: Tan Woo Thian V Pricewaterhousecoopers, Kee Yang Low, Sheena Xuan Hui Heng
Research Collection Yong Pung How School Of Law
Negligent misstatement cases typically involve claims by the recipient of the statement. Since Spring v Guardian Assurance, there has been an increasing number of cases where the plaintiff is the subject of the negligent misstatement, which is quite a very different matter. In Tan Woo Thian v PricewaterhouseCoopers Advisory Services Pte Ltd, Singapore’s High Court and Court of Appeal consider the legal intricacies of such a claim.
Covid-19 And The 2020/21 International Moots Season, Siyuan Chen
Covid-19 And The 2020/21 International Moots Season, Siyuan Chen
Research Collection Yong Pung How School Of Law
This is the seventh annual review of Singapore’s performance in international moot court competitions. While the previous season already felt the ravaging effects of the pandemic, it was more of the same this season, although this time round, all the major competitions were prepared to go online.
Tokyo 2020: A Tale Of Two Cities, Tan K. B. Eugene
Tokyo 2020: A Tale Of Two Cities, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan, who was a team manager at the 2002 Busan Asian Games and 2004 Athens Olympics, discussed the Olympics Tokyo 2020 and how it showed indomitable human spirit amid the pandemic. Assoc Prof Tan also discussed and explored how Singapore can develop sustainable pathways that would enable our athletes to continue having competitive sporting careers into their late 20s and 30s.
To Stay Or Not To Stay? A Clash Of Arbitration And Insolvency Regimes, Darius Chan, Sidharrth B Rajagopal
To Stay Or Not To Stay? A Clash Of Arbitration And Insolvency Regimes, Darius Chan, Sidharrth B Rajagopal
Research Collection Yong Pung How School Of Law
In the wake of the global Coronavirus disease 2019 (COVID-19) pandemic, a rise in creditorinitiated winding-up proceedings is likely to be impending in coming years (See e.g., RCMA Asia Pte. Ltd. v. Sun Electric Power Pte. Ltd. [2020] SGHC 205). At the same time, geopolitical developments, such as the scale and ambition of Belt & Road Initiative projects, have raised questions over the issue of debt sustainability. Given the prevalence of arbitration clauses in modern international commercial and project agreements, the interplay and relationship between insolvency and dispute resolution, and especially arbitration, requires careful attention. While the intersections between the …
Tackling The Critical Question Of Schooling’S Ns Deferment After His Poor Tokyo Olympics Performance, Tan K. B. Eugene
Tackling The Critical Question Of Schooling’S Ns Deferment After His Poor Tokyo Olympics Performance, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan, who was team manager of Singapore’s 2004 Athens Olympics national swim team, discussed the critical question of Singapore’s sporting icon Joseph Schooling’s National Service (NS) deferment after his subpar performance at the Tokyo Olympics. Joseph has been on long-term NS deferment since 2014. Assoc Prof Tan noted that what is at stake is the integrity of long-term deferment, and the precedent-setting decision calculus which would come under intense scrutiny.
Institutional Investors In China: Corporate Governance And Policy Channeling In The Market Within The State, Lin Lin, Dan W. Puchniak
Institutional Investors In China: Corporate Governance And Policy Channeling In The Market Within The State, Lin Lin, Dan W. Puchniak
Research Collection Yong Pung How School Of Law
The extraordinary rise of China’s economy has made understanding Chinese corporate governance an issue of global importance. A rich literature has developed analyzing the Chinese Communist Party’s (CCP’s) role as China’s largest controlling shareholder and the impact that this has on Chinese corporate governance. However, the CCP’s role as the architect —and direct and indirect controller—of institutional investors in China has been largely overlooked in the legal literature.
Cmio Holds Value For Minority Communities, Tan K. B. Eugene
Cmio Holds Value For Minority Communities, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed the intrinsic and symbolic value of the Chinese-Malay-Indian-Others (CMIO) classification, and explained how it matters to all communities, but more so for the minorities. He called for continual dialogue and meaningful engagement on race issues to nurture Singapore's civic identity while fully recognising its multiple roots, to strengthen the Singaporean identity and ethos.