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- Singapore (15)
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- Protection from Online Falsehoods and Manipulation Act (3)
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Articles 1 - 30 of 43
Full-Text Articles in Social and Behavioral Sciences
Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong
Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong
Research Collection Yong Pung How School Of Law
The Singapore Convention on Mediation is a multilateral treaty which offers a legal framework facilitating the circulation of international mediated settlement agreements (iMSAs) across national borders. The Singapore Convention achieves this by elevating iMSAs to the status of a new type of legal instrument recognised in international law: neither a contract nor a consent arbitral award, iMSAs that fall within the scope of, and that satisfy the conditions within, the Singapore Convention enjoy a unique status. As outlined below, the new Convention establishes a system for the recognition and enforcement of commercial iMSAs. This report is a follow up to …
The Chinese (Taiwan) Yearbook Of International Law And Affairs: Contributing To The Grotian Moment In Asia, Ying-Jeou Ma, Chun-I Chen, Pasha L. Hsieh
The Chinese (Taiwan) Yearbook Of International Law And Affairs: Contributing To The Grotian Moment In Asia, Ying-Jeou Ma, Chun-I Chen, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The contribution examines critical developments of the Chinese (Taiwan) Yearbook of International Law and Affairs and its contribution to the ‘Grotian moment’ in Asia. The Yearbook is the first publication specialized in international law in Greater China, a Chinese-speaking region that includes Mainland China, Taiwan, Hong Kong and Macau. The founding of the Yearbook in 1981 was a response to the unique status of the Republic of China (ROC) rendered after its loss of representation in the United Nations under General Assembly Resolution 2758 of 1971. Over the past 40 years, the Yearbook has become an intellectual depository of research …
Eruption Of Protests Around The Globe In 2019 Could Be The New Norm, Tan K. B. Eugene
Eruption Of Protests Around The Globe In 2019 Could Be The New Norm, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed the key lessons gleaned from protests around the globe in 2019 and what they say about governance today. He noted that while taking to the streets in protest is not new, this year’s unrest in at least 18 countries in different corners of the world is characterised by the breadth and intensity of the protests. Assoc Prof Tan opined that this year’s protests may well presage a new era of political and societal conflict and protests as a norm.
Singapore Case Note: Enforceability Of Settlement Agreements, Nadja Alexander, Shou Yu Chong
Singapore Case Note: Enforceability Of Settlement Agreements, Nadja Alexander, Shou Yu Chong
Research Collection Yong Pung How School Of Law
Since the signing of the Singapore Convention on Mediation in August this year, there has been an increased interest on the enforceability of settlement agreements, particularly those arising from mediation. The case of Law Chau Loon v Alphire Group Pte Ltd [2019] SGHC 275 from the Singapore High Court provides us with some general legal principles to consider when a settlement agreement is drafted. Although mediation did not take place between the parties in dispute, the principles stated by the High Court here remain relevant to the drafting of binding mediated settlement agreements (MSAs). This case is essential reading for …
Politics And Policy: Chinese Money And Its Impact On The Regulation Of Residential Property In The West, Edward Seng Wei Ti
Politics And Policy: Chinese Money And Its Impact On The Regulation Of Residential Property In The West, Edward Seng Wei Ti
Research Collection Yong Pung How School Of Law
The narrative of Chinese real estate investors in some western jurisdictions reads like this: China has in recent decades, enjoyed burgeoning wealth creation across all strata in society. Chinese buyers are attracted to a ‘westernised’ education for their children, an agreeable and law-abiding civic society all whilst living in a clean and pleasant environment. Western real estate markets are seen as safe havens and bringing about portfolio diversification. This flood of Chinese wealth has impacted residential housing markets resulting in locals being outpriced. To combat unaffordability and housing shortages, governments have had no choice but to impose regulatory measures preventing …
Environmental Pollution Control In Singapore: The Intersection Of Torts, Statutes, Regulations And Community Norms, Gary Kok Yew Chan
Environmental Pollution Control In Singapore: The Intersection Of Torts, Statutes, Regulations And Community Norms, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
Singapore is a land-scarce, densely populated, urbanized and technology-driven society. Despite her image as a clean and green environment, serious challenges remain to keep environmental pollution at bay. Both private and public laws, whether based on statutes or common law, as well as a host of regulations and community norms collectively regulate environmental pollution in Singapore. Statutory provisions targeting environmental pollution rely on criminal punishment, administrative measures and also compensatory damages awarded to victims in the event of breaches of specified statutory duties. The Environmental Pollution Control Act 1999, together with the implementing subsidiary legislation, seeks to minimise or mitigate …
Unjust Enrichment In Asia Pacific, Man Yip
Unjust Enrichment In Asia Pacific, Man Yip
Research Collection Yong Pung How School Of Law
No abstract provided.
Transnational Corporate Governance Codes: Lessons From Regulating Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan
Transnational Corporate Governance Codes: Lessons From Regulating Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan
Research Collection Yong Pung How School Of Law
Many jurisdictions around the world, includingAsia, have corporate governance codes largely based on the transnational codedrafted by the Organisation for Economic Cooperation and Development (OECD).The core ideas underpinning the OECD’s principles of corporate governance are boardindependence and proper management of conflicts of interest. These ideas, drawnfrom the Anglo-American model of corporate governance, are designed to protectcompanies and their shareholders. However, the question remains as to whether atransnational corporate governance code is always appropriate and effective, particularlywhen the kinds of companies listed on the stock exchange significantly differfrom the Anglo-American model. In this article, we examine Hong Kong andSingapore, two Asian …
Symposium On Pofma: Parliamentary Debates About Pofma – Hansard Beyond Statutory Interpretation?, Benjamin Joshua Ong
Symposium On Pofma: Parliamentary Debates About Pofma – Hansard Beyond Statutory Interpretation?, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The issue of a legislative response to falsehoods first drew public attention when the Select Committee on Deliberate Online Falsehoods held its public hearings. This public attention was renewed when the Protection from Online Falsehoods and Manipulation Act (“POFMA”), in Bill form, was unveiled. Questions arose among both the public and MPs about whether POFMA would grant the Government power to stifle academic research, journalism, or the expression of opinion, as well as whether it would be difficult for an individual to seek recourse against an allegedly wrongly made Direction.This post focuses not with the substance of these issues (important …
Comparing The International Commercial Courts Of China With The Singapore International Commercial Court, Zhengxin Huo, Yip Man
Comparing The International Commercial Courts Of China With The Singapore International Commercial Court, Zhengxin Huo, Yip Man
Research Collection Yong Pung How School Of Law
The article critically reviews the litigation framework of the Chinese International Commercial Court("CICC') using a comparative approach, taking as a benchmark the Singapore International Commercial Court ("SICC')--another Asian international commercial court situated within the Belt and Road Initiative ("BRI') geography. It argues that the CICC, despite being lauded as a visionary step toward an innovative, efficient and trustworthy dispute resolution system, does not live up to those grand claims on closer scrutiny. The discussion shows that the CICC is in many respects insular and conservative when compared with the SICC. The distinctions between the two litigation frameworks may be explained …
Building A Market Economy Through Wto-Inspired Reform Of State-Owned Enterprises In China, Weihuan Zhou, Henry S. Gao, Xue Bai
Building A Market Economy Through Wto-Inspired Reform Of State-Owned Enterprises In China, Weihuan Zhou, Henry S. Gao, Xue Bai
Research Collection Yong Pung How School Of Law
This paper responds to the widespread view that existing WTO rules are insufficient in dealing with China’s state capitalism, which has been further emboldened by its latest rounds of state-owned enterprise (“SOE”) reforms. Through a careful review of WTO agreements and jurisprudence, the paper argues that, we do not necessarily need new rules, because the unique challenges created by China’s state capitalism can be sufficiently dealt with by the WTO’s existing rules on subsidies coupled with the China-specific obligations. Thus, a more realistic approach would be to push China back to the path of market-oriented reforms through WTO litigation based …
More Uplifting Singapore Story Needed To Boost Baby Confidence, Tan K. B. Eugene
More Uplifting Singapore Story Needed To Boost Baby Confidence, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed the reasons why Singaporean couples have consistently preferred to have few children since the 1970s. He opined that there is a need to have a discussion of how the prevailing traits and narrative of Singapore might have created a climate where young couples choose to have fewer children, and to have a more uplifting Singapore story as well as promote gender equality to boost baby confidence.
Reform Of Singapore's Foreign Judgment Rules, Adeline Chong
Reform Of Singapore's Foreign Judgment Rules, Adeline Chong
Research Collection Yong Pung How School Of Law
On 3rd October, the amendments to the Reciprocal Enforcement of Foreign Judgments Act (“REFJA”) came into force. REFJA is based on the UK Foreign Judgments (Reciprocal Enforcement) Act 1933, but in this recent round of amendments has deviated in some significant ways from the 1933 Act. The limitation to judgments from “superior courts” has been removed. Foreign interlocutory orders such as freezing orders and foreign non-money judgments now fall within the scope of REFJA. So too do judicial settlements, which are defined in identical terms to the definition contained in the Choice of Court Agreements Act 2016 (which enacted the …
Taxing "All Other Income" In Singapore And Malaysia, Vincent Ooi
Taxing "All Other Income" In Singapore And Malaysia, Vincent Ooi
Research Collection Yong Pung How School Of Law
Section 10(1)(g) of the Singapore Income Tax Act is a ‘sweeping-up’ provision which catches all income not falling under sections 10(1)(a)–(f). More than 50 years after its introduction, the application of section 10(1)(g) is still unclear despite the test laid out in IB v CIT. This article notes that the current jurisprudence is limited to cases involving gains or profits from the disposal of assets. It argues that the reliance on the Australian Myer Emporium test in IB v CIT was misplaced and that the section 10(1)(g) test should not have a sole focus on intention. Rather, it proposes a …
Singapore Company Law And The Economy: Reciprocal Influence Over 50 Years, Vincent Ooi, Cheng Han Tan
Singapore Company Law And The Economy: Reciprocal Influence Over 50 Years, Vincent Ooi, Cheng Han Tan
Research Collection Yong Pung How School Of Law
A strong reciprocal relationship has existed between Singapore Company Law (SCL) and the economy since Independence in 1965. Swift Parliamentary responses to economic events and successful implementation of Government policies has made it possible to clearly attribute cause and effect to statutory amendments and economic events in turn, proving the reciprocal relationship between the two. The first theme of this article seeks to explain the fundamental characteristics of SCL that have resulted in such an unusually strong reciprocal relationship: (1) Autochthonous nature of SCL; (2) Responsive nature of legislation; and (3) Government control at multiple levels of implementation. The second …
Amid Uncertainties, An Uplifting Reminder On Importance Of Resilience And Resolve For Singapore, Tan K. B. Eugene
Amid Uncertainties, An Uplifting Reminder On Importance Of Resilience And Resolve For Singapore, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan opined that Prime Minister Lee Hsien Loong's National Day Rally (NDR) speech is an uplifting reminder on the importance of having resilience and resolve for Singapore, amid uncertainties such as the slowing economy and Sino-American rivalry. He pointed out that the one common thread across the three speeches is the forging of a unique Singapore identity and ethos and the centrality of staying united even as external forces are buffeting Singapore relentlessly. Assoc Prof Tan believed that the themes from the NDR will continue to resonate from now to next …
The (Re)Introduction Of Dual-Class Share Structures In Hong Kong: A Historical And Comparative Analysis, Hui Robin Huang, Wei Zhang, Siu Cheung Kelvin Lee
The (Re)Introduction Of Dual-Class Share Structures In Hong Kong: A Historical And Comparative Analysis, Hui Robin Huang, Wei Zhang, Siu Cheung Kelvin Lee
Research Collection Yong Pung How School Of Law
In April 2018, Hong Kong issued new listing rules to introduce the dual-class share structure, also known as weighted voting rights (WVR), under which a special class of shareholders’ voting rights are conferred disproportionately with respect to their equity interest. The WVR was used in Hong Kong in the 1980s but was banned in 1989. The debate on the WVR was rekindled by the Alibaba event in 2013. The WVR structure has benefits and costs. Thus, Hong Kong lays down relevant supporting mechanisms, including entry requirements, disclosure requirements and safeguard requirements. The WVR regime in Hong Kong appears to be …
Singapore, Tan K. B. Eugene
Singapore, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The Singapore Government recognises and is committed to legal aid as an integral part of access to justice. Sixty years ago in 1958, Singapore was the first country in Southeast Asia to enact a legal aid scheme, which provided for the establishment of the Legal Aid Bureau (LAB) to provide civil legal aid to persons of limited means. Over the course of independent Singapore’s history, legal aid as part of the overall access to justice has broadened significantly. Members of Parliament make regular calls for more people to qualify and receive government-funded legal aid. The government regards access to justice …
Directors' Duties In Singapore: Law And Perceptions, Pearlie M. C. Koh, Hwee Hoon Tan
Directors' Duties In Singapore: Law And Perceptions, Pearlie M. C. Koh, Hwee Hoon Tan
Research Collection Yong Pung How School Of Law
It is trite that the law on directors' duties is an important part of corporate governance. It is therefore unsurprising that a large part of extant research in the area is focused on understanding what the law requires, and how it applies or should apply in any particular situation. Such research is however largely reactive. In our research, we set out to look at duties from the perspective of the directors, with a view to appreciating how Singapore directors understand the law as it applies to them. The impetus for this is three-fold: First, to assess the depth of awareness …
Glocalised Constitution-Making In The Twenty-First Century: Evidence From Asia, Maartje De Visser, Bui Ngoc Son
Glocalised Constitution-Making In The Twenty-First Century: Evidence From Asia, Maartje De Visser, Bui Ngoc Son
Research Collection Yong Pung How School Of Law
How have Asian nations conducted, or how are they conducting, constitution-making in the face of pressures associated with globalization, and how do they balance those forces with domestic interests and realities? This article aims to develop an analytical framework that can capture this global-local interplay. It introduces the concept of “glocalized constitution-making” to denote the co-existence and relationship between the two governance levels as manifested in the forces, actors and norms pertaining to the process of drafting a new constitution as well as its substance. Glocalization permeates the entirety of a constitution-making episode, from the impetus to initiate the process, …
Singapore's Latest Efforts At Regulating Online Hate Speech, Siyuan Chen, Chen Wei Chia
Singapore's Latest Efforts At Regulating Online Hate Speech, Siyuan Chen, Chen Wei Chia
Research Collection Yong Pung How School Of Law
The introduction of the Protection from Online Falsehoods and Manipulation Act (POFMA) has been generating considerable debate and feedback. Some of the concerns raised include whether the bill unduly restricts the freedom of expression. In focusing on the hate speech provisions of the POFMA, this legislation comment situates the criticisms within the larger framework of international human rights law and international practices and proposes some ways forward to improve the regulatory framework for online hate speech.
Legal Area Classification: A Comparative Study Of Text Classifiers On Singapore Supreme Court Judgments, Jerrold Soh, How Khang Lim, Ian Ernst Chai
Legal Area Classification: A Comparative Study Of Text Classifiers On Singapore Supreme Court Judgments, Jerrold Soh, How Khang Lim, Ian Ernst Chai
Research Collection Yong Pung How School Of Law
This paper conducts a comparative study on the performance of various machine learning(“ML”) approaches for classifying judgments into legal areas. Using a novel dataset of 6,227 Singapore Supreme Court judgments, we investigate how state-of-the-art NLP methods compare against traditional statistical models when applied to a legal corpus that comprised few but lengthy documents. All approaches tested, including topic model, word embedding, and language model-based classifiers, performed well with as little as a few hundred judgments. However, more work needs to be done to optimize state-of-the-art methods for the legal domain.
Singapore As A Centre For International Commercial Litigation: Party Autonomy To The Fore, Adeline Chong, Man Yip
Singapore As A Centre For International Commercial Litigation: Party Autonomy To The Fore, Adeline Chong, Man Yip
Research Collection Yong Pung How School Of Law
This article considers two recent developments in Singapore private international law: the establishment of the Singapore International Commercial Court and the enactment of the Hague Convention on Choice of Court Agreements 2005 into Singapore law. These two developments are part of Singapore’s strategy to promote itself as an international dispute resolution hub and are underscored by giving an enhanced role to party autonomy. This article examines the impact of these two developments on the traditional rules of private international law and whether they achieve the stated aim of positioning Singapore as a major player in the international litigation arena.
Public And Private Enforcement Of Corporate And Securities Laws: An Empirical Comparison Of Hong Kong And Singapore, Wai Yee Wan, Christopher C. H. Chen, Say H. Goo
Public And Private Enforcement Of Corporate And Securities Laws: An Empirical Comparison Of Hong Kong And Singapore, Wai Yee Wan, Christopher C. H. Chen, Say H. Goo
Research Collection Yong Pung How School Of Law
Current scholarship emphasises the correlation between enforcement of corporate and securities laws and strong capital markets. Yet, the issue of how private and public enforcement may achieve the objectives of compensation and optimal deterrence remains controversial. While enforcement strategies have been studied extensively in the US and the UK, comparatively less attention is placed on Asia, where concentrated shareholdings are the norm. This study fills the gap by focusing on Hong Kong and Singapore, two leading international financial centres in Asia. Post Asian financial crisis of 1997, Hong Kong and Singapore have changed their laws to strengthen the private enforcement …
Singapore Court Of Appeal Affirms Party Autonomy In Choice Of Court Agreements, Tiong Min Yeo
Singapore Court Of Appeal Affirms Party Autonomy In Choice Of Court Agreements, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
“The Singapore Court of Appeal has recently affirmed the significance of giving effect to party autonomy in the enforcement of choice of court agreements under the common law in three important decisions handed down in quick succession, on different aspects of the matter: the legal effect of exclusive choice of court agreements, the interpretation and effect of non-exclusive choice of court agreements, and the effect of exclusive choice of court agreements on anti-suit injunctions.
Restitution, Man Yip
Restitution, Man Yip
Research Collection Yong Pung How School Of Law
The year 2018 produced only a handful of cases on the law of unjust enrichment and restitution. However, two are seminal cases and of note to the entire common law world: Ochroid Trading Ltd v Chua Siok Lui1 (“Ochroid”) and Turf Club Auto Emporium Pte Ltd v Yeo Boong Hua2 (“Turf Club”). Ochroid dealt with the hotly debated topic of the illegality defence against a claim in unjust enrichment for the recovery of money paid pursuant to an illegal contract. Rejecting the newly formulated Patel v Mirza3 approach under English law, the Court of Appeal in Ochroid set Singapore law …
Tort Law, Amirthalingam Kumaralingam, Gary Kok Yew Chan
Tort Law, Amirthalingam Kumaralingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
There were over 40 torts cases in 2019, of which just over half involved the tort of negligence. Unlike previous years, this year's review will deal only with the ten most significant judgments. A full list of torts cases is included at the end of this chapter for the convenience of readers. Of the ten cases, not surprisingly, five of them are claims in negligence. Of these, three involve medical negligence and two involve negligent misrepresentation causing economic loss. The remaining cases relate to claims under the tort of conspiracy, defamation, fraud (or deceit), malicious falsehood as well as nuisance …
Building Safe, Secure And Sustainable Futures In The South China Sea, Michelle Mei Ling Lim
Building Safe, Secure And Sustainable Futures In The South China Sea, Michelle Mei Ling Lim
Research Collection Yong Pung How School Of Law
This essay argues that by framing security in the South China Sea through the lens of territorial claims and power relations the bigger picture of a safe, secure and sustainable South China Sea is neglected. The essay reflects on a photograph from my childhood on the shores of the South China Sea. In the photograph, I have a little red bucket in my hands and a wide grin on my face as I prepare to build a sandcastle. In the intervention, I recall how it feels to be truly secure. By returning to the joys of childhood experienced on the …
Looking Beyond The Vague Terms In Singapore's Fake News Laws, Benjamin Joshua Ong
Looking Beyond The Vague Terms In Singapore's Fake News Laws, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
Protection from Online Falsehoods andManipulation Act (Pofma), some criticised it for being too vague. Pofma contains words and phrases whose meaning is not explicitlyclear, e.g. statements that are “falseor misleading”, but does not define “misleading”. But case law gives us aclearer understanding of what “misleading” means
Of Facts And Falsehoods, Tan K. B. Eugene
Of Facts And Falsehoods, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan shared his views on the proposed Protection from Online Falsehoods and Manipulation Bill (POFMB). He surmised that POFMB is “a necessary but insufficient tool” against the scourge of “fake news” and that it must be applied sensitively in order not to undermine but enhance Singaporeans’ resilience and bottom-up drive to fight deliberate harmful falsehoods.