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Articles 1 - 30 of 74
Full-Text Articles in Social and Behavioral Sciences
The Future Is Urban: The Progressive Renaissance Of The City In Eu Law, De Maartje Visser
The Future Is Urban: The Progressive Renaissance Of The City In Eu Law, De Maartje Visser
Research Collection Yong Pung How School Of Law
For much of the European integration process, local authorities have been on the legal margins. Yet many amongst this group, and cities in particular, consider themselves as important players in realising the Union’s overarching policy objectives. This view is slowly but surely fi nding traction with the EU’s political institutions. This article suggests that the future architecture of the European Union’s (EU’s) operating system will evince a rapprochement between the socio-economic clout of local authorities, notably cities, and their legal-political recognition at Union level. It further suggests that there is room for greater conceptual clarity along two lines when interrogating …
The Use Of Similar Fact In Criminal Proceedings: An Updated Framework, Siyuan Chen
The Use Of Similar Fact In Criminal Proceedings: An Updated Framework, Siyuan Chen
Research Collection Yong Pung How School Of Law
When confronted with the question of whether to admit similiar fact for criminal cases, courts in Singapore are often faced with balancing potentially competing norms in the form of evidential expediency and fairness to the accused. Specifically, although similiar fact may help establish the ingredients of an offence, there existis a real risk that any resulting conviction of the accused and this potential weakness in inferential reasoning through indirect proof will - to use the word in its broadest sense - predjudice the accused.
Trusts And Jurisdiction Clauses - Crociani Revisited: Ivanishvili, Bidzina And Others V Credit Suisse Trust Ltd [2020] Sgca 62, Kian Peng Soh
Trusts And Jurisdiction Clauses - Crociani Revisited: Ivanishvili, Bidzina And Others V Credit Suisse Trust Ltd [2020] Sgca 62, Kian Peng Soh
Research Collection Yong Pung How School Of Law
In the recent Singapore Court of Appeal decision of Ivanishvili, Bidzina and others v Credit Suisse Trust Ltd, the court analysed the effect of a forum administration clause in the trust context, holding that while the clause in question was a jurisdiction clause, it was not an exclusive jurisdiction clause governing the dispute between the trustees and beneficiaries.
Mediating Consumer Financial Disputes: Financial Industry Disputes Resolution Centre's Unique House Style, Eunice Chua, Beverly Wee
Mediating Consumer Financial Disputes: Financial Industry Disputes Resolution Centre's Unique House Style, Eunice Chua, Beverly Wee
Research Collection Yong Pung How School Of Law
The Financial Industry Disputes Resolution Centre (“FIDReC”) was established in August 2005 with the purpose of providing a low-cost avenue for consumers to resolve their disputes with financial institutions. This article seeks to outline the role of FIDReC and its processes and, at the same time, seeks to define the house style of mediation that has served FIDReC well over the years. This article also highlights some of the different techniques adopted by FIDReC mediators in the course of facilitating the mediation.
Form And Substance In Singapore Constitutional And Administrative Law, Kenny Chng
Form And Substance In Singapore Constitutional And Administrative Law, Kenny Chng
Research Collection Yong Pung How School Of Law
This paper proposes to study constitutional and administrative law in Singapore through the lenses of Atiyah’s and Summers’ concepts of form and substance in order to discern fruitful avenues for the development of Singapore constitutional and administrative law. While the concepts of form and substance in the context of constitutional law are often associated with constitutional interpretation, they can also be fruitfully applied to other areas of constitutional and administrative law to shed light on the potential trajectories of Singapore law. The intent of this paper is to apply Atiyah’s and Summers’ concepts of form and substance to Singapore constitutional …
The Rise Of China And Conservation Of Marine Living Resources In The Polar Regions, Nengye Liu
The Rise Of China And Conservation Of Marine Living Resources In The Polar Regions, Nengye Liu
Research Collection Yong Pung How School Of Law
This paper uses conservation of marine living resources in the Arctic and Antarctica as case-studies to examine the implications of a rising China to the future governance of the polar regions. It first discusses China's positions regarding international fisheries law in the polar waters, more specifically in negotiations of 2018 Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAO Agreement), and CCAMLR's process of establishing the Southern Ocean marine protected areas (MPAs). The paper then engages with norm dynamics literature on international relations to analyse what norms China promotes and resists, as well as the motives …
From Third World To First World: Law And Policy In Singapore’S Urban Transformation And Integration, Tan K. B. Eugene
From Third World To First World: Law And Policy In Singapore’S Urban Transformation And Integration, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The physical transformation of a colonial backwater city, Singapore, in one generation has been described as a feat of urban planning, renewal, and development. Less studied is the political will of the government to create a thriving city fit for purpose. Even less studied is the role of law that provides the powerful levers for the rapid and deep-seated changes to the urban landscape in Singapore. In this regard, the mindset shift that accompanied the massive urban transformation has facilitated a national psyche that embraces the material dimension of progress, for which urban renewal is not just a mere indicator …
Breaking State-Centric Shackles In The Who: Taiwan As A Catalyst For A New Global Health Order, Ching-Fu Lin, Han-Wei Liu, Chien-Huei Wu
Breaking State-Centric Shackles In The Who: Taiwan As A Catalyst For A New Global Health Order, Ching-Fu Lin, Han-Wei Liu, Chien-Huei Wu
Research Collection Yong Pung How School Of Law
After World War II, states established World Health Organization (WHO), recognizing that “the health of all peoples is fundamental to the attainment of peace and security.” This aspiration, embedded in GlobalHealth governance, introduces a paradox vis-à-vis the WHO’s state-centric institutional design. Though Taiwan alerted the WHO to potential human-to-human transmission in the early stage of the pandemic, its participation in the WHO remains limited, contrasting the WHO’s goal of health for all peoples sharply against its outdated emphasis on statehood and power politics.This Essay critically assesses how and why state-centric international health governance neither delivers its goal to “promote and …
Tax Considerations For Funds Structuring In Asia, Vincent Ooi
Tax Considerations For Funds Structuring In Asia, Vincent Ooi
Research Collection Yong Pung How School Of Law
Tax considerations play a major role in the decisions of fund managers of where to base their funds. The highly mobile nature of capital has resulted in tax competition, leading to several host jurisdictions for funds in Asia (Hong Kong, Singapore, Labuan, and the BVI) having very similar tax characteristics in terms of low effective corporate income tax rates; no capital gains taxes; no exit taxes; a single tier of taxation; and generally no withholding taxes. Other ways in which jurisdictions have attempted to distinguish themselves include a strong Double Tax Agreement network, certainty on the taxation of the carried …
Revisiting The Law Of Confidence In Singapore And A Proposal For A New Tort Of Misuse Of Private Information, Cheng Lim Saw, Zheng Wen Samuel Chan, Wen Min Chai
Revisiting The Law Of Confidence In Singapore And A Proposal For A New Tort Of Misuse Of Private Information, Cheng Lim Saw, Zheng Wen Samuel Chan, Wen Min Chai
Research Collection Yong Pung How School Of Law
This article critically examines the recent Court of Appeal decision in I-Admin (Singapore) Pte Ltd v Hong Ying Ting [2020] 1 SLR 1130 and its implications for the law of confidence. The article begins by setting out the decision at first instance, and then on appeal. It argues that the Court of Appeal’s “modified approach” fails to meaningfully engage the plaintiff ’s wrongful gain interest and places the law’s emphasis primarily, if not wholly, on the plaintiff ’s wrongful loss interest. The new framework also appears to have been influenced by English jurisprudence, which has had a long but unhelpful …
Covid-19 And The 2019/20 International Moots Season, Siyuan Chen
Covid-19 And The 2019/20 International Moots Season, Siyuan Chen
Research Collection Yong Pung How School Of Law
This is the sixth annual review of Singapore’s performance in notable international moot competitions. This season will of course be known as a highly disrupted one, beginning with the Hong Kong unrest that barred some teams from participating in LAWASIA (for which Singapore has been to the last four championship) and COVID-19 that led to the outright cancellation of various Grand Slam moots including the Jessup, International Criminal Court, and Frankfurt (for which Singapore has regularly featured in the championship). Smaller niche moots, such as the International Maritime Law Arbitration and Private Law competitions, were also not spared and either …
Fraud And Foreign Judgments Under Singapore Law, Adeline Chong
Fraud And Foreign Judgments Under Singapore Law, Adeline Chong
Research Collection Yong Pung How School Of Law
A foreign judgment is generally not to be reviewed on the merits at the recognition and enforcement stage. Yet, an exception has always been carved out for fraud under the common law rules on the basis that ‘fraud unravels everything’ (Lazarus Estates Ltd v Beasley [1956] 1 QB 702, 712 per Lord Denning). Thus, English courts allow a judgment debtor to raise fraud at the recognition and enforcement stage even if no new evidence is adduced and fraud had been considered and dismissed by the court of origin (Abouloff v Oppenheimer & Co (1882) 10 QBD 295). This seeming anomaly …
Equity And Trusts, Hang Wu Tang, Yong Seng Tay
Equity And Trusts, Hang Wu Tang, Yong Seng Tay
Research Collection Yong Pung How School Of Law
Jocelyn Rita d/o Lawrence Stanley v Tan Gark Chong1 (“Jocelyn Rita v Tan Gark Chong”) is an example of an attempt to set aside a trust deed in the wake of BOM v BOK. 2 This case takes place in the context of a husband and wife relationship.
Private Liability For Public Health, Jerrold Soh
Private Liability For Public Health, Jerrold Soh
Research Collection Yong Pung How School Of Law
As at this writing, COVID-19 continues to spread around the world. Most disease transmissions, one hopes, are unintentional. But could one nonetheless be liable for unintentionally, yet carelessly, transmitting the disease? If so, when would liability arise, and how wide may its scope be? If X transmits the disease to Y who in turn transmits it to Z, can Z claim against X? If not, why should liability escape one who carelessly spreads a deadly and highly contagious virus when courts have historically found liability for more innocuous harms?154 This short essay discusses how private liability might complement public regulation …
Singapore’S Proposed Approach To Tackling Missing Trader Fraud, Vincent Ooi
Singapore’S Proposed Approach To Tackling Missing Trader Fraud, Vincent Ooi
Research Collection Yong Pung How School Of Law
In the Draft Goods and Services Tax (Amendment) Bill 2020 (the “Draft Bill”), Singapore proposes a new framework to deal with the problem of MTF. The approach is neatly summarised by a document released by the Singapore Ministry of Finance: “Annex: Proposed Changes to the Goods and Services Tax Act”, of which one point is of particular interest. The document states that the proposed legislative amendments will “allow the Comptroller of GST to deny a GST-registered business’ input GST claim, if the business knew or should have known that his purchase was part of or connected with a fraudulent arrangement. …
Massive Covid‐19 Infections In Foreign Workers Dormitories: The Dog That Did Not Bark In Singapore’S Fight Against The Covid‐19 Pandemic, Eugene K. B. Tan
Massive Covid‐19 Infections In Foreign Workers Dormitories: The Dog That Did Not Bark In Singapore’S Fight Against The Covid‐19 Pandemic, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
In the ongoing battle to combat the massive COVID-19 infections in the foreign workers’ dormitories, the focus and dominant narrative, unsurprisingly, has been on overcoming the clear and present public health issues there. The imperative is to safeguard the wellbeing and interests of the foreign workers who reside there (and including those who have been moved out), which is also fundamentally about protecting the rest of the community.
Constitutional Literacy In Times Of Crisis, Maartje De Visser
Constitutional Literacy In Times Of Crisis, Maartje De Visser
Research Collection Yong Pung How School Of Law
At the same time she announced her withdrawal from public life in 2018, former US Supreme Court Justice Sandra Day O’Connor made a passionate plea for “all citizens to understand our Constitution and unique system of government, and participate actively in their communities.”441 The timing coincided with the halfway mark of Donald Trump’s term in presidency, a president who has very publicly declared his knowledge of the US Constitution, but whose understanding of it has regularly been called into question.442 At its foundation, the democratic legitimacy of a government arguably presupposes a working familiarity with the constitution qua social contract. …
The Ideals Of Law In A Health Crisis: Singapore’S Legislative Responses To Covid‐19, Benjamin Joshua Ong
The Ideals Of Law In A Health Crisis: Singapore’S Legislative Responses To Covid‐19, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
Situations like the COVID-19 pandemic pose a dilemma. One might argue that such a crisis is a time for people to sacrifice their legal rights for the common good and submit to heavy restrictions on one’s liberties, surrendering individual liberties to a benevolent, though powerful, state. On the other hand, for every situation in history where an emergency has required people to accept such restrictions, there are many more situations in which an unscrupulous government has used a pretend emergency, or a real but exaggerated one, as an excuse to arrogate to himself sweeping arbitrary powers and refuse to let …
12 September 2020: The Singapore Convention On Mediation Comes Into Force, Nadja Alexander, Shou Yu Chong
12 September 2020: The Singapore Convention On Mediation Comes Into Force, Nadja Alexander, Shou Yu Chong
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the potential impact of the Singapore Convention on Mediation is analysed.
Shareholders’ Rights And Corporate Meetings Post Covid‐19, Christopher Chao-Hung Chen
Shareholders’ Rights And Corporate Meetings Post Covid‐19, Christopher Chao-Hung Chen
Research Collection Yong Pung How School Of Law
This short paper reflects on corporate governance and shareholders’ rights during and following the COVID-19 pandemic. The lockdown has affected the way companies’ organs operate. It is unfortunate that the pandemic took place around the critical time of year when most companies hold annual shareholders’ meetings (or general meetings). How, then, can shareholders exercise their rights? How can the board of directors and senior management function during the lockdown period? Technology naturally provides a solution, similar to online teaching and working from home. However, do virtual and remote meetings serve the purpose of having those meetings? Even when we get …
Pragmatism In The Pandemic: The Protection Of Commercial Tenants In Singapore, Edward Ti
Pragmatism In The Pandemic: The Protection Of Commercial Tenants In Singapore, Edward Ti
Research Collection Yong Pung How School Of Law
The COVID-19 epidemic has not spared any country, not least a densely populated country like Singapore. The government has been working tirelessly developing new policies and laws to mitigate the human and economic devastation brought on by the virus. The COVID-19 (Temporary Measures) Act 2020 (COTMA) is intended to tackle some of the negative effects brought about by COVID-19. With an initial application period of 6 months which can be amended at the Minister’s discretion, the COTMA covers a wide range of issues. Summarily, the COTMA provides for public health controls necessary to manage the health crisis, increases bankruptcy and …
Covid‐19 As A Frustrating Event Under Singapore Contract Law, Yihan Goh
Covid‐19 As A Frustrating Event Under Singapore Contract Law, Yihan Goh
Research Collection Yong Pung How School Of Law
COVID-19 has had an unprecedented impact on commercial arrangements around the world. This would appear to fit the textbook definition of a frustrating event under Singapore contract law. Alternatively, one might expect COVID-19 to be covered by the doctrine of force majeure. This commentary will provide a brief overview of the contractual issues arising from COVID-19.
Trading Through A Pandemic: The Singaporean Experience, Henry Gao, Dhiraj G. Chainani, Siu Farn Chew
Trading Through A Pandemic: The Singaporean Experience, Henry Gao, Dhiraj G. Chainani, Siu Farn Chew
Research Collection Yong Pung How School Of Law
Being a small country with one of the highest trade-to-GDP ratios in the world, Singapore faced seemingly insurmountable challenges at the onset of the Coronavirus disease 2019 (COVID-19) pandemic. As countries around the world scrambled to fight the pandemic, they imposed restrictions on exports and imports, suspended international transportation of both goods and people, and invoked emergency power and exceptions to justify their actions. All these presented unprecedented challenges to Singapore, a country which relies on international trade not only for its prosperity but also for survival. This article discusses how Singapore tries to meet these challenges through various initiatives …
Opening The Door To Fickle-Minded Guilty Pleas? Public Prosecutor V Dinesh S/O Rajantheran, Teng Jun Gerome Goh
Opening The Door To Fickle-Minded Guilty Pleas? Public Prosecutor V Dinesh S/O Rajantheran, Teng Jun Gerome Goh
Research Collection Yong Pung How School Of Law
Unlike applications to retract guilty pleas, accused persons are not required to provide valid and sufficient reasons when qualifying their guilty pleas in mitigation. In Criminal Reference No. 5 of 2018, the Court of Appeal held that section 228(4) of the Criminal Procedure Code allows accused persons to qualify their guilty pleas in mitigation to the extent that it amounts to a retraction of their guilty pleas unless there is an abuse of the court’s process. This comment considers the desirability of the current law and suggests that the law applying to such withdrawals of guilty pleas should be …
Japan-Singapore Joint Mediation Protocol Announced, Nadja Alexander
Japan-Singapore Joint Mediation Protocol Announced, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post, the potential impact of the Japan-Singapore Joint Mediation Protocol is analysed.
Rethinking Non-Recognition: The Eu’S Investment Agreement With Taiwan Under The One-China Policy, Pasha L. Hsieh
Rethinking Non-Recognition: The Eu’S Investment Agreement With Taiwan Under The One-China Policy, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article re-examines the theories of recognition and non-recognition in the context of the evolving framework of the European Union (EU)’s trade and investment relations with Taiwan from legal and international relations perspectives. Notwithstanding its one-China policy, the EU has developed a pragmatic approach to engaging Taiwan under bilateral consultations and World Trade Organization negotiations that have built the foundation for the bilateral investment agreement (BIA). The article argues that since the 1980s, the EU has accorded diverse forms of recognition to Taiwan and the BIA will buttress the process. To substantiate the contention, the article systemically explores the political …
Tax Implications Of Covid-19 In Singapore, Vincent Ooi
Tax Implications Of Covid-19 In Singapore, Vincent Ooi
Research Collection Yong Pung How School Of Law
As taxpayers in Singapore deal with a radically changed business environment due to COVID-19, there is a need to make non-routine decisions quickly. These decisions can have significant tax implications, which will likely manifest themselves later as the economy recovers. It is critical for taxpayers to understand the tax consequences of their decisions, even as they focus on issues of immediate survival. While the majority of the relevant tax principles are not new, the COVID-19 pandemic has resulted in the need to apply these existing principles to new situations and increased the frequency of certain activities that may have been …
Covid‐19 Crisis And Its Impact On Trustees And Beneficiaries, Man Yip
Covid‐19 Crisis And Its Impact On Trustees And Beneficiaries, Man Yip
Research Collection Yong Pung How School Of Law
The COVID-19 pandemic has been described by Prime Minister Lee Hsien Loong as the “crisis of our generation”. We have to swiftly adjust to a new “normal” characterised by safety measures, travel restrictions, economic downturn and uncertainties in the days ahead. What is the new “normal” for trustees and beneficiaries? How should they respond to the legal and practical uncertainties in these challenging times? This commentary discusses two categories of uncertainties for trustees and beneficiaries: (1) uncertainty relating to trust investments; and (2) uncertainty relating to day-to-day administration.
A New Chinese Economic Law Order?, Greg Shaffer, Henry S. Gao
A New Chinese Economic Law Order?, Greg Shaffer, Henry S. Gao
Research Collection Yong Pung How School Of Law
China is incrementally developing a new, decentralized model of trade governance through a web of finance, trade, and investment initiatives involving memorandum of understanding, contracts, and trade and investment treaties, supported by an indigenous innovation policy that is transnational in its reach. In this way, China could create a vast, Sino-centric, legal order in which the Chinese state plays the nodal role. It is a hub and spokes model, with China at the hub. In this article, we first examine China’s export of an infrastructure-based development model, implemented through Chinese state-owned and private enterprise investments and commercial contracts (Part B), …
Exorcising The Ghost In The Wills Act, Hang Wu Tang
Exorcising The Ghost In The Wills Act, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Ingenious lawyers all over the Commonwealth are dreaming up rigmaroles for the signing of wills amid the pandemic. An English law firm has suggested that the will should be signed at a park bench, with witnesses lurking nearby, ready to rotate around the document. Another option allows for the will to be signed at the person’s doorway while the witnesses stand outside, using the services of a well-trained pet to deliver the signed will to the witnesses. Singapore has passed many sensible temporary measures in response to COVID-19 disruption, including marrying couples remotely so that the newly-weds, witnesses and solemniser …