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Full-Text Articles in Social and Behavioral Sciences
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 …
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 …
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 …
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 …
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 …
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.
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.
Defeating The Scourge Of Terrorism: How Soft Law Instruments In Singapore Can Develop Societal Trust And Promote Cooperative Norms, Tan K. B. Eugene
Defeating The Scourge Of Terrorism: How Soft Law Instruments In Singapore Can Develop Societal Trust And Promote Cooperative Norms, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The maintenance of a ‘moderate, mainstream’ Muslim community as a bulwark against the fraying of harmonious ethnic relations has become a key governance concern in multiracial, multi-religious societies post9/11. In light of the global concern, and often paranoia, with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a “conflict of civilisation” between the Muslim world and the modern world. Singapore has taken a broad-based community approach in advancing interreligious tolerance, including a subtle initiative to include the putative Muslim civil society in advancing …
“In Case Of Emergency, Break Contract”? The Case For A Unified Regime For Changed Circumstances In Singapore Contract Law, Nicholas Liu
“In Case Of Emergency, Break Contract”? The Case For A Unified Regime For Changed Circumstances In Singapore Contract Law, Nicholas Liu
Research Collection Yong Pung How School Of Law
It has been accurately observed that the incremental nature of the common law’s development makes it inherently unsuited to dealing with unprecedented crises.208 This is particularly true of what I shall refer to (for convenience) as the law of changed circumstances, which in the common law regime comprises the doctrine of frustration and the operation of force majeure clauses, but could potentially encompass other doctrines and issues as well.209 I suggest that in this area, the flaws of the common law run deeper and broader than its inability to respond quickly to unprecedented crises. Rather, from a lay user’s point …
Hearing Essential And Urgent Court Matters During The Covid-19 Pandemic, Kwan Ho Lau, Daryl Xu
Hearing Essential And Urgent Court Matters During The Covid-19 Pandemic, Kwan Ho Lau, Daryl Xu
Research Collection Yong Pung How School Of Law
This chapter discusses the hearing of essential and urgent court matters in the Singapore courts during the COVID-19 pandemic. On 27 march 2020, the Singapore judiciary notified courst users that remote hearings were to be implemented for certain types of hearings by means of video and telephone conferencing facilities. Court users were also provided with indicative lists of matters which might be considered essential and urgent.
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 …
Despite Eld’S Lengthy Statement On Ge2020, Some Key Questions Remain Unanswered, Tan K. B. Eugene
Despite Eld’S Lengthy Statement On Ge2020, Some Key Questions Remain Unanswered, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Singaporeans went to the polls on July 10 amid an unprecedented set of public health and safety precautionary measures put in place to prevent the spread of Covid-19 infections. Among other things, GE2020 would also be remembered for long queues at some polling stations and the less than positive voter experience. There was also the first-ever extension of polling hours nationwide by two hours to 10pm.
14th Parliament Has Weighty Duty Steering Singapore Into Post-Covid-19 Future, Tan K. B. Eugene
14th Parliament Has Weighty Duty Steering Singapore Into Post-Covid-19 Future, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In more ways than one, the five-year term of Singapore’s 14th Parliament has been and will be defined even before it begins. How this institution of the people’s representatives leads the nation amid the raging Covid-19 global pandemic and positions Singapore for the post-Covid world matters immensely.
Busting Myths And Dispelling Doubts About Covid-19, Mark Findlay
Busting Myths And Dispelling Doubts About Covid-19, Mark Findlay
Research Collection Yong Pung How School Of Law
The Centre for AI and Data Governance (CAIDG) at Singapore Management University (SMU) has embarked over past months on a programme of research designed to confront concerns about the pandemic and its control. Our interest is primarily directed to the ways in which AI-assisted technologies and mass data sharing have become a feature of pandemic control strategies. We want to know what impact these developments are having on community confidence and health safety. In developing this work, we have come across many myths that need busting.
Tort Law, Amirthalingam Kumaralingam, Gary Kok Yew Chan
Tort Law, Amirthalingam Kumaralingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
This review examines the ten most significant decisions in tort law for 2020. It was an interesting year for the range of significant decisions in tort law handed down by the courts on matters including limitation period, medical negligence, the scope of duty in negligence, breach of confidence, conspiracy, and defamation.
Legal Constraint In Emergencies: Reflections On Carl Schmitt, The Covid-19 Pandemic And Singapore | Symposium On Covid-19 & Public Law, Wei Yao, Kenny Chng
Legal Constraint In Emergencies: Reflections On Carl Schmitt, The Covid-19 Pandemic And Singapore | Symposium On Covid-19 & Public Law, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
The controversial legal theorist Carl Schmitt’s challenge to the possibility of meaningful legal constraint on executive power in emergencies could not be more relevant in a world struggling to deal with Covid-19. Scrambling against time, governments around the world have declared states of emergency and exercised a swathe of broad executive powers in an effort to manage this highly infectious disease. In times like these, if Schmitt is indeed right that emergencies cannot be governed by law, we are on the cusp of (or perhaps have already entered) a post-law world – where the business of government is characterised by …
Family Law, Wei Jing Tricia Ho, Siyuan Chen
Family Law, Wei Jing Tricia Ho, Siyuan Chen
Research Collection Yong Pung How School Of Law
Two salient trends emerge from the decisions issued by the Singapore courts in 2019. First, cases with international elements are featured increasingly, with the Court of Appeal adjudicating its first case on financial relief consequential on foreign divorces and the High Court releasing a decision on sham marriages to obtain an immigration advantage. It is evident that the law is evolving to cater to the needs of a changing community in Singapore. There is a recognition of the increase in the number of Singapore citizens working abroad and marrying non-Singaporeans, which has prompted certain legislative changes that seek to provide …
Ge2020 Commentary: Assessing The Voters’ Message To Pap (And Other Parties), Tan K. B. Eugene
Ge2020 Commentary: Assessing The Voters’ Message To Pap (And Other Parties), Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Despite the “crisis of a generation”, the 2020 general election results point to a considered flight from the status quo, rather than a flight to safety. Singaporean voters, through their 2.54 million ballots cast, sent a nuanced message to all political parties and election candidates. It was a renewed, urgent expression of a vote for change, more so than in the 2011 election.
Ethics, Ai, Mass Data And Pandemic Challenges: Responsible Data Use And Infrastructure Application For Surveillance And Pre-Emptive Tracing Post-Crisis, Mark Findlay, Jia Yuan Loke, Nydia Remolina Leon, Yum Yin, Benjamin (Tan Renyan) Tham
Ethics, Ai, Mass Data And Pandemic Challenges: Responsible Data Use And Infrastructure Application For Surveillance And Pre-Emptive Tracing Post-Crisis, Mark Findlay, Jia Yuan Loke, Nydia Remolina Leon, Yum Yin, Benjamin (Tan Renyan) Tham
Research Collection Yong Pung How School Of Law
As the COVID-19 health pandemic rages governments and private companies across the globe are utilising AI-assisted surveillance, reporting, mapping and tracing technologies with the intention of slowing the spread of the virus. These technologies have the capacity to amass personal data and share for community control and citizen safety motivations that empower state agencies and inveigle citizen co-operation which could only be imagined outside such times of real and present danger. While not cavilling with the short-term necessity for these technologies and the data they control, process and share in the health regulation mission, this paper argues that this infrastructure …
International Mediation And Covid-19: The New Normal?, Nadja Alexander
International Mediation And Covid-19: The New Normal?, Nadja Alexander
Research Collection Yong Pung How School Of Law
What is the SIMC COVID-19 Protocol? The Singapore International Mediation Centre (SIMC) has just launched the SIMC COVID-19 Protocol to provide businesses with an expedited, economical and effective route to resolve any international commercial disputes during the COVID-19 pandemic period. SIMC’s Covid-19 protocol is a great example of a leading mediation service provider reaching out to a market severely disrupted by Covid-19. The option for Singaporean and international parties to mediate online means for a highly accessible, time and cost effective path to resolve disputes that have emerged in the wake of Covid-19.
Global Guide: Measures Adopted To Support Businesses Through The Covid-19 Crisis: Singapore, Aurelio Gurrea-Martinez
Global Guide: Measures Adopted To Support Businesses Through The Covid-19 Crisis: Singapore, Aurelio Gurrea-Martinez
Research Collection Yong Pung How School Of Law
After the outbreak of the coronavirus (COVID-19), the Singapore Government responded with a quick and comprehensive package of legal, economic and financial measures that sought to put the economy into hibernation and avoid the destruction of jobs and viable businesses, at least while companies were unable to generate revenues and cash-flows due to a variety of factors, including travel restrictions and lockdowns imposed in many countries around the world. To that end, the Government spent SGD$97.3 billion (that is, around 20% of the country’s GDP) to support businesses, households and employees. Most of this financial support was given in the …
The Doctrine Of Wilful Blindness In Drug Offences: Adili Chibuike Ejike V Public Prosecutor [2019] 2 Slr 254, Rennie Whang
The Doctrine Of Wilful Blindness In Drug Offences: Adili Chibuike Ejike V Public Prosecutor [2019] 2 Slr 254, Rennie Whang
Research Collection Yong Pung How School Of Law
In Adili Chibuike Ejike v Public Prosecutor [2019] 2 SLR 254, the Court of Appeal clarified the operation of the wilful blindness doctrine in the context of knowing possession for drug offences. In particular, it affirmed wilful blindness as a doctrine of substantive rather than evidential law, which applies as a limited extension to the legal requirement of actual knowledge. The court then articulated a three-part test for the finding of wilful blindness in relation to knowledge as an ingredient of possession. However, it left open the content of the doctrine as applied to the element of knowledge in drug …
What Is The Value Of Built Heritage? Assessing Spillover Effects Of Conserving Historic Sites In Singapore, Shin Bin Tan, Edward S. W. Ti
What Is The Value Of Built Heritage? Assessing Spillover Effects Of Conserving Historic Sites In Singapore, Shin Bin Tan, Edward S. W. Ti
Research Collection Yong Pung How School Of Law
Quantifying the economic benefits of built heritage facilitates the formulation and assessment of conservation policies and programs. There is however a lack of empirical research about the economic value of built heritage in Asian cities. This lack is problematic, given the rapid pace of demolition and redevelopment of historic landscapes in Asian cities. This study seeks to reduce the current gap in built heritage research by examining whether real estate premiums are generated by the designation of buildings as ‘conserved’ in Singapore, a city-state in South East Asia. Using 20 years of housing transaction data, and controlling for building, neighborhood …
Amid The Covid-19 Outbreak, What Can Singapore Expect In Budget 2020, Tan K. B. Eugene
Amid The Covid-19 Outbreak, What Can Singapore Expect In Budget 2020, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The Covid-19 outbreak has placed significant and urgent demands on Budget 2020 that will be unveiled on Tuesday (Feb 18). The Government has given a strong affirmation that the Budget will be equal to the task and that it will reinforce the “never fear” spirit that Singapore and Singaporeans will need to adopt to come out stronger of this challenging period.
School Of Law Annual Report 2019, Singapore Management University
School Of Law Annual Report 2019, Singapore Management University
SMU Corporate Reports
It is my pleasure to present you the SMU School of Law’s Annual Report for 2019. This Report highlights all the exciting things that the School has done and the achievements of our faculty members, students and alumni in the past year. As a Law School, our mission is to produce meaningful and impactful research, provide relevant legal training to our students, and apply our expertise to serve the community