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Full-Text Articles in Social and Behavioral Sciences
Similar Fact Evidence In Contractual Interpretation: Bhoomatidevi D/O Kishinchand Chugani Mrs Kavita Gope Mirwani V Nantakumar S/O V Ramachandra And Another [2023] Sghc 37, Calvin John Kaiwen Chirnside
Similar Fact Evidence In Contractual Interpretation: Bhoomatidevi D/O Kishinchand Chugani Mrs Kavita Gope Mirwani V Nantakumar S/O V Ramachandra And Another [2023] Sghc 37, Calvin John Kaiwen Chirnside
Research Collection Yong Pung How School Of Law
In the recent Singapore High Court case of Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita Gope Mirwani v Nantakumar s/o v Ramachandra and another [2023] SGHC 37, the claimant argued, inter alia, that evidence of a prior contract between the first defendant and a third party should be admitted to prove that the defendant had entered into a loan agreement with her in his personal capacity. Justice Lee Seiu Kin dismissed her claim, applying s. 14 of the Evidence Act.
"Takings" And "Givings" In Singapore: Land Law And Policy In The Search For Justice, Rachel Phang
"Takings" And "Givings" In Singapore: Land Law And Policy In The Search For Justice, Rachel Phang
Research Collection Yong Pung How School Of Law
In the United States and globally, cities are increasingly plagued by deepening housing crisis and widening economic inequality. In the face of these crises, this Article focuses on the potentially powerful role for land law and policy in the search for justice. Specifically, it does so by reference to two unusual yet illuminating choices of theory and application: the case study of Singapore, and the school of thought of Georgism, both of which accord inordinate and paramount importance to land. Singapore’s land law and policy have been characterized by extensive takings and givings of land. In consequence, the State owns …
Conceptualizing Condominium Law And Children: Comparing The State Of Strata Titles Law In New South Wales And Singapore, Hang Wu Tang
Conceptualizing Condominium Law And Children: Comparing The State Of Strata Titles Law In New South Wales And Singapore, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Purpose: This article conceptualises the legal relations embedded within condominium housing and the various theories of property ownership to ascertain how children’s interest fit within this framework. The laws of two jurisdictions, New South Wales and Singapore are examined to determine how their strata law responds when children’s safety is at stake. Design/methodology/approach: A comparative method using case law, statutes and secondary literature across both jurisdictions is adopted. This article also draws on various theories of property ownership. Findings: Drawing on pluralist moral theories of property law, the thesis advanced is that children’s issues within condominiums should not be subject …
The Doctrine Of Unilateral Severance And Its Potential Development In Singapore, Zhi Jia Koh
The Doctrine Of Unilateral Severance And Its Potential Development In Singapore, Zhi Jia Koh
Research Collection Yong Pung How School Of Law
Co-ownership of land is commonplace in Singapore, and the manner of holding among co-owners has important practical implications. Joint tenants are subject to the rule of survivorship, but what if a joint tenant does not wish to be locked into the survivorship wheel of fortune? A joint tenant may unilaterally sever the joint tenancy by an act operating upon his or her share of the land, but questions remain as to when that occurs and the consequent duration of severance. This article attempts to address these questions with the current alienation-based approach and suggest the possibility of an intention-based approach.
Falsehoods, Foreign Interference, And Compelled Speech In Singapore, Kenny Chng
Falsehoods, Foreign Interference, And Compelled Speech In Singapore, Kenny Chng
Research Collection Yong Pung How School Of Law
Online misinformation endangers the infrastructure of fact essential to public discourse and presents an even greater threat where it is being utilised as a weapon by hostile state actors. In recognition of these dangers, Singapore has implemented legal measures to combat online misinformation, enacting in quick succession the Protection from Online Falsehoods and Manipulation Act (POFMA) and the Foreign Interference (Countermeasures) Act (FICA). These statutes open up novel frontiers of development for Singapore's free speech jurisprudence. Indeed, these statutes confer upon government authorities the power to compel the authors of certain material to display notices stating that the material contains …
Personal Service Companies And The Tax Avoidance Surcharge In Singapore, Vincent Ooi, Ben Chester Cheong
Personal Service Companies And The Tax Avoidance Surcharge In Singapore, Vincent Ooi, Ben Chester Cheong
Research Collection Yong Pung How School Of Law
Incorporation of personal service companies provide tax and non-tax advantages. With the introduction of a tax avoidance surcharge in Singapore, incorporation for non-tax advantages risks additional “tax costs” if challenged by the revenue authorities, introducing uncertainty and litigation costs. Instead of relying on a GAAR, targeted measures should restrict tax advantages to the first company incorporated by each individual taxpayer.
Resulting And Constructive Trusts In The Contemporary Singaporean Family Context, Man Yip
Resulting And Constructive Trusts In The Contemporary Singaporean Family Context, Man Yip
Research Collection Yong Pung How School Of Law
The legal rules that emerge in a society are shaped by the conditions of that society. In the area of trusts law, this chapter argues that the English principles of the presumed resulting trust and the common intention constructive trust have been adapted to suit the Singaporean family context. At first sight, given that Singapore law has declined to follow the Stack v Dowden line of developments that have taken place in English law concerning beneficial ownership of family property, it may appear that Singapore trusts law is more conservative and that pre-Stack English law is better preserved on Singapore …
How And Why Do Judges Cite Academics? Evidence From The Singapore High Court, Jerrold Soh, Yihan Goh
How And Why Do Judges Cite Academics? Evidence From The Singapore High Court, Jerrold Soh, Yihan Goh
Research Collection Yong Pung How School Of Law
Legal academics were once thought to be parasitic on the work of judges, so much so that citing academic work was said to weaken a judgment’s authority. Recent times have however seen prominent academics appointed to the highest courts, and judicial engagement with academic materials appears to have increased. In this light, this article empirically studies academic citation practices in the Singapore High Court. Using a dataset of 2,772 High Court judgments, we show that citation counts have indeed increased over time, even in this first-instance court. This increase was distributed across most legal areas, and was not limited to, …
Gauging The Acceptance Of Contact Tracing Technology: An Empirical Study Of Singapore Residents’ Concerns With Sharing Their Information And Willingness To Trust, Ee-Ing Ong, Wee Ling Loo
Gauging The Acceptance Of Contact Tracing Technology: An Empirical Study Of Singapore Residents’ Concerns With Sharing Their Information And Willingness To Trust, Ee-Ing Ong, Wee Ling Loo
Research Collection Yong Pung How School Of Law
In response to the COVID-19 pandemic, governments began implementing various forms of contact tracing technology. Singapore’s implementation of its contact tracing technology, TraceTogether, however, was met with significant concern by its population, with regard to privacy and data security. This concern did not fit with the general perception that Singaporeans have a high level of trust in its government. We explore this disconnect, using responses to our survey (conducted pre-COVID-19) in which we asked participants about their level of concern with the government and business collecting certain categories of personal data. The results show that respondents had less concern with …
The Anti-Money Laundering Framework For Precious Stones And Metals Dealers In Singapore, Vincent Ooi
The Anti-Money Laundering Framework For Precious Stones And Metals Dealers In Singapore, Vincent Ooi
Research Collection Yong Pung How School Of Law
Precious stones and metals have commonly been used throughout the world as a conduit for terrorism and money laundering activities. Such illicit use of these assets has called for its much-needed attention from a regulatory perspective. This is particularly relevant in a financial haven such as Singapore. Accordingly, this article seeks to explore how several of the most common trading and investment activities involving precious stones and metals in Singapore are regulated.
The Torrens System In Singapore: 75 Years From Conception To Commencement, Alvin W. L. See
The Torrens System In Singapore: 75 Years From Conception To Commencement, Alvin W. L. See
Research Collection Yong Pung How School Of Law
This article tells the story of how the Torrens system of land titles registration came to be adopted in Singapore. From conception to commencement, the entire process took over 75 years, far longer than any other law reform the country has experienced. Particular attention is paid to why the Australian model was preferred despite the significant influence of English law in colonial Singapore. Although as with anything, much of what happened could be attributed to chance, a great deal can be learned from this story, which details the socio-economic and political forces that have shaped the law into what it …
The Roadmap To The Asean-Eu Fta In The Post-Pandemic Era, Pasha L. Hsieh
The Roadmap To The Asean-Eu Fta In The Post-Pandemic Era, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
Relations between the Association of Southeast Asian Nations (ASEAN) and the European Union (EU) have enriched the multifaceted concept of interregionalism from legal and international relations perspectives. The article argues that the transformative ASEAN-EU frameworks have shaped the Third Interregionalism. Brussels' building-block approach envisions pathfinder agreements with individual ASEAN states as the basis for the ASEAN-EU FTA, which will help realize the EU's Indo-Paafic strategy and the ASEAN-EU Strategic Partnership. The designs of the EU's trade and investment agreements with Singapore and Vietnam are therefore critical. The article assesses core areas such as tariff liberalization and ASEAN cumulative rules of …
Singapore’S Adult Guardianship Law And The Role Of The Family In Medical Decision-Making, Hang Wu Tang
Singapore’S Adult Guardianship Law And The Role Of The Family In Medical Decision-Making, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Singapore’s adult guardianship law was derived from the Mental Capacity Act in England and Wales. This article explores the process of how Singapore’s Mental Capacity Act was adapted and fine-tuned to operate in a jurisdiction with different cultural conditions, religions, familial norms, and social institutions. The first part of the article demonstrates that despite its apparent similarities, the policymakers in Singapore have omitted crucial portions of the Mental Capacity Act which deal with the human rights of persons lacking capacity. This omission is unsurprising considering Singapore’s history of advancing an Asian values approach to human rights. In the second part, …
Charitable Organizations In Singapore: From Clan Based To State Facilitated Endeavors, Hang Wu Tang
Charitable Organizations In Singapore: From Clan Based To State Facilitated Endeavors, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Singapore, with a five million population, has a vibrant charitable sector with over 2000 registered charities attracting approximately USD$2.18 billion in annual donations. How did Singapore’s charitable sector achieve its current level when it has been, in the past, segregated along mainly religious, race and clan-based communities? This paper explores this question by piecing together the current ecosystem, regulatory and tax infrastructure which facilitates the charitable sector in Singapore. Central to the development of the charitable sector has been the Singapore government’s role of being a gatekeeper, regulator and enabler of charities. In analysing the government’s role in the charitable …
Improperly Obtained Evidence In Criminal Proceedings: An Updated Framework, Siyuan Chen, Zhi Jia Koh, Jian Wei Joel Soon
Improperly Obtained Evidence In Criminal Proceedings: An Updated Framework, Siyuan Chen, Zhi Jia Koh, Jian Wei Joel Soon
Research Collection Yong Pung How School Of Law
The 2012 amendments to the Evidence Act “significantly broadened the admissibility criteria for expert evidence”; at the same time, the judicial discretion to deny admissibility of relevant expert opinion evidence was also introduced. This article considers the key developments pre- and post-amendments, and in doing so provides an updated framework for prosecutors and defence counsel alike to admit and challenge expert opinion evidence in criminal proceedings. Since it complements earlier articles in this series on similar fact and hearsay evidence, readers are assumed to be broadly familiar with the features of the Evidence Act, such as its admissibility paradigm, the …
A Guide To The Rule Of Law, Smu Apolitical
A Guide To The Rule Of Law, Smu Apolitical
Student Publications
A Guide to the Rule of Law presents a compilation of case studies of different countries by a group of contributing writers in a simple and easy-to-understand manner. Designed for readers of all ages and from all walks of life, this primer is the second of a series of primers focusing on an international scope for readers to acquire knowledge to better understand issues which concerns us all, esp
Can Delaying An Execution Due To Covid-19 Amount To Unconstitutional Discrimination?, Benjamin Joshua Ong
Can Delaying An Execution Due To Covid-19 Amount To Unconstitutional Discrimination?, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
This note discusses the case of Syed Suhail bin Syed Zin v Attorney-General [2021] 1 SLR 809 (CA); [2021] 4 SLR 698 (HC) and its implications for equality law in Singapore.
Community-Based Rehabilitation's Effectiveness In Reducing Singapore Juvenile Recidivism, Denzil Neo, June Hyuk Lee, Mervin Xin Hong Chew, Munisraj Sarfoji, Timothy Prakash
Community-Based Rehabilitation's Effectiveness In Reducing Singapore Juvenile Recidivism, Denzil Neo, June Hyuk Lee, Mervin Xin Hong Chew, Munisraj Sarfoji, Timothy Prakash
Introduction to Research Methods RSCH 202
Singapore's juvenile recidivism rate has climbed by around 5% since 2013, putting the country at risk of increased youth crime. With several mandatory rehabilitative programmes classified into two categories, Community-Based Rehabilitation (CBR) and Institutional-Based Rehabilitation (IBR), it is unclear whether the mandatory individual rehabilitative programmes for offenders were actually effective in achieving their corrective goals. This proposal would undertake a regression analysis to compare the effectiveness of CBR and IBR programmes utilizing secondary data gathered by the Ministry of Social and Family Development (MSF) and primary data from a survey. The survey will provide previously unstudied insights into the offender's …
'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 …
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 …
Spurring Digital Transformation In Singapore's Legal Industry, Xin Juan Chua, Steven M. Miller
Spurring Digital Transformation In Singapore's Legal Industry, Xin Juan Chua, Steven M. Miller
Research Collection School Of Computing and Information Systems
COVID-19 has transformed the way we live and work. It has caused the processes and operations of businesses and organisations to be restructured, as well as transformed business models. A 2020 McKinsey Global survey reported that companies all over the world claim they have accelerated the digitalisation of their customer and supply-chain interactions, as well as their internal operations, by three to four years. They also said they thought the share of digital or digitally enabled products in their portfolios has advanced by seven years. While technology transformation is not new to the legal profession, COVID-19 has cemented the importance …
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 …
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?
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.
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."
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.
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.
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).