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Articles 31 - 60 of 873
Full-Text Articles in Social and Behavioral Sciences
Tort Law, Amirthalingam Kumaralingam, Gary Kok Yew Chan
Tort Law, Amirthalingam Kumaralingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
An Example Of Cle Pedagogy From The Singapore Management University, Wing Cheong Chan, Yen Kee Ruby Lee
An Example Of Cle Pedagogy From The Singapore Management University, Wing Cheong Chan, Yen Kee Ruby Lee
Research Collection Yong Pung How School Of Law
This session will showcase a course taught at the Singapore Management University where students were tasked to design aone stop online resource portal to help litigants-in-person, caregivers and family members to navigate legal issues related tothe ageing process. During the course, the students not only met with various community partners providing services to theelderly to find out what services were required but also the elderly to find out their positive and negative online experiences.The students were sensitized to the needs of the community, learnt the law through independent research, assessed theusefulness of existing legal resources available, and learnt the importance …
Rethinking Asia-Pacific Regionalism And New Economic Agreements, Julien Chaisse, Pasha L. Hsieh
Rethinking Asia-Pacific Regionalism And New Economic Agreements, Julien Chaisse, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The neoliberal international order is facing a variety of pressing obstacles. One of the most contentious issues is the emergence of new Asian regionalism, which has been driven by the rising economic power of the region and integration based on the Association of Southeast Asian Nations (ASEAN) Plus Six framework. The legalization of the ASEAN way has propelled the New Regional Economic Order (NREO), which reinforces a trade-development nexus alternative to the Washington Consensus and will have far-reaching normative, economic, and geopolitical effects on the world. Given the proliferation of trade and investment initiatives including the ASEAN Economic Community and …
'99-To-1’ Property Deals: Stamp Duty Avoidance Or Honest Mistake, Vincent Ooi
'99-To-1’ Property Deals: Stamp Duty Avoidance Or Honest Mistake, Vincent Ooi
Research Collection Yong Pung How School Of Law
This article explains in detail the legal issues surrounding the recent ABSD audit and how exactly the general anti-avoidance rule and the stamp duty avoidance surcharge in the Stamp Duties Act 1929 can be invoked by the IRAS.The article highlights the fact that it may not be enough for a property buyer to show that the '99-to-1' holding was intended to enable the buyer to qualify for a home loan and not 'for stamp duty avoidance'. The property buyer must be able to answer the additional question of why the transfer of the property is 'staggered' in two stages and …
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 …
Administrative Concessions And The Efficient Taxation Of Digital Tokens In Singapore, Vincent Ooi
Administrative Concessions And The Efficient Taxation Of Digital Tokens In Singapore, Vincent Ooi
Research Collection Yong Pung How School Of Law
Tax authorities around the world have stepped-up enforcement activities on the taxation of digital tokens and begun providing more guidance to taxpayers. However, the relative novelty of the field means that there is likely to be considerable uncertainty as to the correct tax treatment, both on the part of taxpayers and tax authorities. This requires both parties to seek tax and legal advice that is often duplicative (in the sense that similar issues tend to keep coming up for different taxpayers) and bear the risk of taking an incorrect legal position. In some cases, the strict tax position under the …
The Coming Central Bank Digital Currency Revolution And The E-Cny, Heng Wang, Ross Buckley
The Coming Central Bank Digital Currency Revolution And The E-Cny, Heng Wang, Ross Buckley
Research Collection Yong Pung How School Of Law
The only central bank money individuals and businesses have today is cash. Everything else they use as money is commercial bank promises. Central bank digital currencies (“CBDC”) will likely change all this by putting central bank money into everyone’s hands. China is a front runner in this revolution, and its CBDC, the e-CNY, may well in time profoundly affect the international economic order. This article analyses the major considerations around the e-CNY, its ramifications, in particular for trade, and its possible challenges.
Service Out Under The New Rules Of Court, Ian Mah, Aaron Yoong
Service Out Under The New Rules Of Court, Ian Mah, Aaron Yoong
Research Collection Yong Pung How School Of Law
The new Rules of Court 2021 seek to provide a more accessible and efficient justice system. The extensiveness of the overhaul, however, brings with it as much unfamiliarity as excitement. This legislation comment examines the changes in the provisions governing service out of jurisdiction and argues that the textual changes also effect substantive changes to how the law is applied. This comment also explores the related issues on the grant of Mareva injunctions in aid of foreign proceedings under the new Rules of Court 2021.
Repeal Of The Recja And Transfer Of Countries To The Refja, Adeline Chong
Repeal Of The Recja And Transfer Of Countries To The Refja, Adeline Chong
Research Collection Yong Pung How School Of Law
Singapore’s Reciprocal Enforcement of Commonwealth Judgments Act 1921 (‘RECJA’) is based on the UK Administration of Justice Act 1920 and its Reciprocal Enforcement of Foreign Judgments Act 1959 (‘REFJA’) is based on the UK Foreign Judgments (Reciprocal Enforcement) Act 1933. In 2019, the government amended the REFJA in significant ways (previously detailed here), expanding its scope to include the registration of judgments from non-superior courts of gazetted countries, judicial settlements, non-money judgments and interlocutory judgments. At the same time, the RECJA was repealed from a date to be determined by the government.
A Review Of The 2021/22 International Moots Season, Siyuan Chen
A Review Of The 2021/22 International Moots Season, Siyuan Chen
Research Collection Yong Pung How School Of Law
This is the eighth1 annual review of Singapore’s performance in international moot court competitions.2 An overview of the results for this season is presented at Table #1 below, while Tables #2 and #3 provide a snapshot of the results of the past 10 seasons. Despite the substantial lifting of travel restrictions throughout the world, the 2021/22 international moots season remained a virtually conducted one for many competitions, though competitions such as IP, Stetson, PAX, and WTO saw a much-welcomed return to in-person hearings, allowing students to compete and interact with teams and judges from around the world at places such …
New Investment Rulemaking In Asia: Between Regionalism And Domestication, Pasha L. Hsieh
New Investment Rulemaking In Asia: Between Regionalism And Domestication, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The article analyses investment rulemaking in new Asian regionalism in the context of evolving national legislation and regional trade strategies. It argues that the Association of Southeast Asian Nations (ASEAN) and the Regional Comprehensive Economic Partnership (RCEP) represent Asia's pragmatic incrementalism in reforming the investment regime. The process reinforces the relationship between international economic law and domestic investment laws. In tandem with transforming international investment agreements, ASEAN expedited investment and services trade, and established the modern investor–state dispute settlement (ISDS) mechanism. The RCEP further buttresses the ASEAN centrality in regional frameworks by consolidating ASEAN Plus One agreements. Yet, the RCEP's …
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.
The Value Of Fiduciary Duties: Evidence From En Bloc Sales In Singapore, Jianfeng Hu, Kelvin F. K. Low, Wei Zhang
The Value Of Fiduciary Duties: Evidence From En Bloc Sales In Singapore, Jianfeng Hu, Kelvin F. K. Low, Wei Zhang
Research Collection Lee Kong Chian School Of Business
This paper examines the impact of fiduciary duties on collective asset sales in the case of owners acting as delegates for other owners, thereby potentially inducing conflicts of interests. Our identification strategy exploits a unique legal shock in Singapore, which established fiduciary duties in those transactions in the real estate market known colloquially as en bloc sales. The imposition of fiduciary duties caused the price premium of units sold via en bloc sales to increase over units ineligible for en bloc sale, as well as over units that, although eligible for en bloc sale, are sold individually. In addition, this …
Shaping New Interregionalism: The Eu-Singapore Free Trade Agreement And Beyond, Pasha L. Hsieh
Shaping New Interregionalism: The Eu-Singapore Free Trade Agreement And Beyond, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The article examines the theoretical concept of interregionalism in the context of the evolving framework between the European Union (EU) and the Association of Southeast Asian Nations (ASEAN). As the EU's first free trade agreement (FTA) with an ASEAN country, the EU-Singapore FTA is a pathfinder agreement that signifies a new phase of interregionalism and the EU's new Asia strategy after the Treaty of Lisbon. The article argues that the innovative designs of the EU-Singapore FTA will shape the normative development of EU-ASEAN relations in the post-pandemic era. It also cautions that a comparative analysis of EU and US agreements …
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 …
Trade And Transfer Of Environmentally Sound Technology In Asean: Mapping Priorities To Economic Treaty Negotiations, Locknie Hsu
Trade And Transfer Of Environmentally Sound Technology In Asean: Mapping Priorities To Economic Treaty Negotiations, Locknie Hsu
Research Collection Yong Pung How School Of Law
The 10 members of the Association of Southeast Asian Nations (“ASEAN”) share common objectives in economic, sociocultural and political-security integration. Addressing environmental concerns is animportant consideration which traverses different areas of integration policymaking. ASEAN has, in recent years, emphasised the importance of environmental considerations, including environmentally sound technologies (“ESTs”) which may contribute to its climate change mitigation and adaptation efforts, in its law and policymaking. This article discusses the nexus between ASEAN’s needs for the transfer of ESTs and the group’s economic treaty negotiations. Through a “mapping” of such needs to free trade agreementareas, it aims to provide a pathway …
False Promise To Marry And Other Forms Of Sex By Deception In India And Singapore, Wing Cheong Chan
False Promise To Marry And Other Forms Of Sex By Deception In India And Singapore, Wing Cheong Chan
Research Collection Yong Pung How School Of Law
Dishonesty is unfortunately a sad fact of life in human relationships. When a woman is duped by a man intohaving sex by lies and deception, what should the response of the criminal law be? Is it rape or just a game of seduction or something in between? This article sets out and evaluates the different approaches taken by India and Singapore in cases of sex by deception. It suggests that the approach adopted in Singapore could be a model for criminal law reform in this contentious area.
The Curious Case Of The 0.1 Per Cent Service Charge, Vincent Ooi
The Curious Case Of The 0.1 Per Cent Service Charge, Vincent Ooi
Research Collection Yong Pung How School Of Law
Just before 1 August 2022, a coffeeshop zi char chain announced that it would impose a 0.1% service charge. This decision was reversed within two weeks due to "customers' reactions".While the rate might appear to be absurdly low and not worth the trouble of imposing, this article suggests that there was more to the situation than first meets the eye. GST regulations require merchants to list GST inclusive prices unless the goods and services are provided by hotels and F&B outlets that are subject to a service charge. The 0.1% rate is thus explicable as a likely attempt to get …
Lawbreaker: An Approach For Specifying Traffic Laws And Fuzzing Autonomous Vehicles, Yang Sun, Christopher M. Poskitt, Jun Sun, Yuqi Chen, Zijiang Yang
Lawbreaker: An Approach For Specifying Traffic Laws And Fuzzing Autonomous Vehicles, Yang Sun, Christopher M. Poskitt, Jun Sun, Yuqi Chen, Zijiang Yang
Research Collection School Of Computing and Information Systems
Autonomous driving systems (ADSs) must be tested thoroughly before they can be deployed in autonomous vehicles. High-fidelity simulators allow them to be tested against diverse scenarios, including those that are difficult to recreate in real-world testing grounds. While previous approaches have shown that test cases can be generated automatically, they tend to focus on weak oracles (e.g. reaching the destination without collisions) without assessing whether the journey itself was undertaken safely and satisfied the law. In this work, we propose LawBreaker, an automated framework for testing ADSs against real-world traffic laws, which is designed to be compatible with different scenario …
Making Singapore A Regional Centre For Philanthropy, Kim Kit Ow, Vincent Ooi
Making Singapore A Regional Centre For Philanthropy, Kim Kit Ow, Vincent Ooi
Research Collection Yong Pung How School Of Law
The article highlights the strong ecosystem in Singapore where charitable initiatives are supported and encouraged, and builds on DPM Lawrence Wong's recent comments that the Government is reviewing its tax incentive schemes to encourage increased philanthropic giving.As a starting point, we suggest three simple ways in which tax incentives could be enhanced:1) increasing the enhanced tax deduction for donations from the current 2.5 times the amount of qualifying donations to 3 times for certain causes where there is a significant amount of public spending;2) extending the period for which tax deductions for donations can be carried forward for from the …
Secured Transactions Law In Asia: Principles, Perspectives And Reform By Louise Gullifer And Dora Neo, Wee Ling Loo
Secured Transactions Law In Asia: Principles, Perspectives And Reform By Louise Gullifer And Dora Neo, Wee Ling Loo
Research Collection Yong Pung How School Of Law
Secured Transactions Law in Asia: Principles, Perspectives and Reform is the third in a series of works that critically examine secured transactions law reform around the world. From a focus on reforms in Europe in the first book to reforms in Africa in the second, this third volume looks at Asia, and specifically at reforms in 13 major Asian jurisdictions: China, Indonesia, Japan, Philippines, South Korea, Taiwan, Thailand, Vietnam, Brunei Darussalam, Bangladesh, India, Pakistan and Singapore. The collection of essays by leading experts from academia, legal practice and the World Bank Group was first presented at a 2018 conference jointly …
Strata Plan Cancellations In Australasia: A Comparative Analysis Of Nine Jurisdictions, Seng Wei, Edward Ti
Strata Plan Cancellations In Australasia: A Comparative Analysis Of Nine Jurisdictions, Seng Wei, Edward Ti
Research Collection Yong Pung How School Of Law
A growing number of Australasian jurisdictions now permit a supermajority of owners to terminate a co-owned building scheme allowing proprietors to redevelop, or more commonly, sell the underlying land. This planning tool aids municipal rejuvenation, prevents urban sprawl and provides new housing. In this paper, I examine the provisions pertaining to cancellation of unit plans under nine jurisdictions – New Zealand and all eight jurisdictions in Australia. This comparative analysis highlights several unique aspects of the Unit Title Act 2010 (NZ) such as the way its voting thresholds are calculated and the idiosyncratic application of the ‘just and equitable’ standard …
A Chinese Perspective, Henry S. Gao
A Chinese Perspective, Henry S. Gao
Research Collection Yong Pung How School Of Law
Many factors have been driving regional economic integration in the Asia-Pacific in the past two decades, but the main driving force in the past decade has been the strategic competition between the two biggest powers in the region — the United States and China. This paper discusses the Chinese perspective of how the US-China strategic competition has shaped regional economic cooperation, along with the disruptions brought by the COVID-19 pandemic. It concludes with some thoughts on post-pandemic economic cooperation in the region.
China’S Changing Perspective On The Wto: From Aspiration, Assimilation To Alienation, Henry S. Gao
China’S Changing Perspective On The Wto: From Aspiration, Assimilation To Alienation, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since its accession to the WTO twenty years ago, China's image has shifted from a good student aspiring to assimilate itself into the multilateral trading system to one that is increasingly alienated from key WTO principles. How has China's perspective on WTO been evolving? What are the reasons behind China's changing perspective? This paper answers these questions from the Chinese perspective with a comprehensive analysis of the key moments in China's first two decades in the WTO, followed by practical suggestions on how to engage China more constructively in the WTO and beyond.
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, …
To Negotiate, Mediate Or Litigate? Examining The Durability Of Divorce Outcomes In The Singapore Family Courts, Dorcas Quek Anderson, Eunice Chua, Yilin Ning
To Negotiate, Mediate Or Litigate? Examining The Durability Of Divorce Outcomes In The Singapore Family Courts, Dorcas Quek Anderson, Eunice Chua, Yilin Ning
Research Collection Yong Pung How School Of Law
For many years, the courts have been grappling with the paradox of marriages—the most intimate of relationships—being dissolved in the courts that represent a public and adversarial setting. Despite the growth of divorce interventions, the perennial struggle remains in many courts on how to reduce the intense acrimony of divorce litigation. The question remains on the scope of “mainstream” interventions to be offered by the courts to divorce litigants. The current study therefore explores the use of court-connected negotiation, mediation, and litigation in the Singapore Family Justice Courts. It uses a statistical method of survival analysis to produce insights on …
Comparative Lessons In Sectional Title Laws: Mitigating Urban Inequality In South Africa, Edward S. W. Ti
Comparative Lessons In Sectional Title Laws: Mitigating Urban Inequality In South Africa, Edward S. W. Ti
Research Collection Yong Pung How School Of Law
Urban inequality in South Africa is a formidable problem that is linked to the injustices of its historical apartheid past. This paper identifies sectional titles, a form of property ownership where proprietors wholly own their apartment unit while co-owning the land and common property, as critical to providing more affordable housing. Sectional title schemes mitigate urban inequality by giving a greater proportion of the country the opportunity to own legally secure, well-located dwellings while serving as a platform where communal living could take place. Two suggestions how sectional title legislation can further alleviate aspects of urban inequality are made (1) …
Empowering The Courts To Order The Use Of Amicable Dispute Resolution: The Singapore Rules Of Court 2021, Dorcas Quek Anderson
Empowering The Courts To Order The Use Of Amicable Dispute Resolution: The Singapore Rules Of Court 2021, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
The civil justice regime in Singapore entered a new phase of radical reforms with effect from 1 April 2022. The reforms have substantially expanded the role of amicable dispute resolution (ADR). Parties have a duty to consider ADR prior to and during civil proceedings. More significantly, the courts have been empowered to order parties to attempt ADR, taking into account the ideals of the Rules of Court and all relevant circumstances. This note analyses the key reforms relating to the use of ADR with reference to comparable English developments. It discusses the broad yet ambivalent scope of ADR that could …
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 …