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Research Collection Yong Pung How School Of Law

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Milestones For Animal Welfare: Public Prosecutor V. Ling Chung Yee Roy, Alvin W. L. See Jan 2014

Milestones For Animal Welfare: Public Prosecutor V. Ling Chung Yee Roy, Alvin W. L. See

Research Collection Yong Pung How School Of Law

Animal law is a little-known subject in Singapore. However, the increase in public awareness and concern about animal welfare issues demand that more attention is directed at the legal aspects of such issues. An opportunity to examine this area of the law arose in the case of Ling Chung Yee Roy. The District Court, presided by District Judge Ng Peng Hong, had to decide whether the accused was guilty of an animal cruelty offence under s. 42(1)(e) of the Animals and Birds Act. The majority of animal cruelty complaints were against pet owners, of which a significant number concerned the …

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Further Clarification From The High Court On The Limits To The Constitutional Right To Counsel: James Raj S/O Arokiasamy V Pp [2014] Sghc 10, Siyuan Chen, Kenneth Tan Jan 2014

Further Clarification From The High Court On The Limits To The Constitutional Right To Counsel: James Raj S/O Arokiasamy V Pp [2014] Sghc 10, Siyuan Chen, Kenneth Tan

Research Collection Yong Pung How School Of Law

Article 9(3) of the Constitution1 states that “Where a person is arrested, he … shall be allowed to consult and be defended by a legal practitioner of his choice.” However, art 9(3) does not stipulate the point in time at which an arrested person is entitled to consult counsel. The local jurisprudence over the past few decades have affirmed the interpretation that an arrested person is not entitled to access counsel immediately upon arrest, but only after a reasonable amount of time has elapsed. The High Court in James Raj s/o Arokiasamy v Public Prosecutor (“James Raj”) has now shed …

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Redressing The Patent Imbalance In Genetic Testing, Cheng Lim Saw Jan 2014

Redressing The Patent Imbalance In Genetic Testing, Cheng Lim Saw

Research Collection Yong Pung How School Of Law

In one of the most highly anticipated decisions emanating from the apex Court in the US in recent times, the US Supreme Court in Association for Molecular Pathology v Myriad Genetics Inc was asked to consider, in the main, the patentability of a naturally occurring gene sequence which had been specifically isolated from the human genome. Although the patent was eventually denied, this seminal case will certainly not be the last word on what is clearly a very controversial subject, at least outside of the US.

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A View From Australia’S Regional Partners: Recent Developments In New Zealand And Singapore, Elsabe Schoeman, Adeline Chong Jan 2014

A View From Australia’S Regional Partners: Recent Developments In New Zealand And Singapore, Elsabe Schoeman, Adeline Chong

Research Collection Yong Pung How School Of Law

No abstract provided.

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Civil Case Management In Singapore: Of Models, Measures And Justice, Chee Hock Foo, Eunice Chua, Louis Ng Jan 2014

Civil Case Management In Singapore: Of Models, Measures And Justice, Chee Hock Foo, Eunice Chua, Louis Ng

Research Collection Yong Pung How School Of Law

The goals of all ASEAN member states are to “accelerate economic growth, social progress and cultural development” and “promote peace and stability” in the region. To achieve these goals, the public will need to trust and respect the Judiciary. Such trust and respect can be lost if there are inefficient practices that result in delay in the courts. The Singapore Judiciary is presently lauded for “its efficiency, its technological sophistication, its accessibility and the confidence of Singapore’s citizens and businesses in the system.” The World Economic Forum has also ranked Singapore first (out of 142 countries) in recognition of Singapore’s …

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Agency And Partnership Law [2013], Pearlie M. C. Koh, Stephen Noel Henry Bull Jan 2014

Agency And Partnership Law [2013], Pearlie M. C. Koh, Stephen Noel Henry Bull

Research Collection Yong Pung How School Of Law

The laws relating to the creation of an agency, implied authority, holding out and apparent authority, duties of the agent in relation to Agency law are discussed. The laws relating to partnership law and issues such as relationship of partners to third parties, relationships of partners between themselves and capacity to be a partner are highlighted.

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The Fiduciary Doctrine As A New Pathway: An Alternative Approach To Analysing Native Customary Rights In Sarawak, Hang Wu Tang Dec 2013

The Fiduciary Doctrine As A New Pathway: An Alternative Approach To Analysing Native Customary Rights In Sarawak, Hang Wu Tang

Research Collection Yong Pung How School Of Law

This paper explores the use of the fiduciary doctrine whereby the state is conceived as a fiduciary vis-à-vis her native peoples and attendant equitable remedies are made available for the native customary rights over land in Sarawak. Thus far, most challenges to extinguishment of native customary rights in Sarawak have proceeded on constitutional grounds, with little success. This article draws on the jurisprudence of fiduciary law in other parts of the Commonwealth and argues that this is a viable alternative cause of action against the state.

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Little India Riot: The Dog That Did Not Bark, Tan K. B. Eugene Dec 2013

Little India Riot: The Dog That Did Not Bark, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law and NMP Eugene Tan said that in the aftermath of the Little India riots, the focus and dominant narrative had been on law and order issues, with the Government emphasising that it was a spontaneous "one-off" event. He said that there was a need to consider if Singapore was prepared to shoulder more of the costs of having a large foreign labour force. However, he also noted that an immediate cutback of the workforce size would be simplistic and is not the solution, as reducing reliance on foreign workers could not be …

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Case Comment: A New Framework For The Implication Of Terms In Fact, Yihan Goh Dec 2013

Case Comment: A New Framework For The Implication Of Terms In Fact, Yihan Goh

Research Collection Yong Pung How School Of Law

In Sembcorp Marine Ltd v PPL Holdings Pte Ltd the Singapore Court of Appeal once again reaffirmed the Singapore courts’ rejection of the approach adopted by Lord Hoffmann in Attorney General of Belize v Belize Telecom Ltd which characterised the implication of a term in fact as a process of contractual interpretation. What may be of interest to practitioners and academics of common law jurisdictions wrestling with the implications of the Belize approach is the Court of Appeal’s prescription of ‘a three-step process’ for the implication of terms in fact, which is accompanied by an in-depth discussion of various conceptual …

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Public Law Theory And Judicial Review In Singapore: Jeyaretnam Kenneth Andrew V Ag [2013] Sgca 56, Benjamin Joshua Ong Dec 2013

Public Law Theory And Judicial Review In Singapore: Jeyaretnam Kenneth Andrew V Ag [2013] Sgca 56, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

The Court of Appeal affirmed the High Court’s ruling that the applicant had no locus standito challenge the compatibility of a loan made by the Government to the InternationalMonetary Fund with Art 144(1) of the Constitution. On the interpretation of Art 144(1), therewas no prima facie case of reasonable suspicion that such incompatibility existed. Moreover,the applicant did not have sufficient interest in the matter.

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Autochthonous Constitutional Design In Post-Colonial Singapore: Intimations Of Confucianism And The Leviathan In Entrenching Dominant Government, Eugene K. B. Tan Nov 2013

Autochthonous Constitutional Design In Post-Colonial Singapore: Intimations Of Confucianism And The Leviathan In Entrenching Dominant Government, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

Does Singapore's approach to institutional design vis-avis political representation prioritize strong and effective government, or is the goal one that is geared towards a representative government as a means of enhancing political governance? his paper examines the series of amendments to Singapore's Constitution and related legislation, between 1984 and 1990, and in 2010, which relate to political representation in Singapore's electoral system and unicameral legislature. At one level, the changes are part of the endeavor to retain Parliament's standing as the focal point of Singapore's Westminstermodeled system of government. The constitutional changes reflect the political elites' abiding belief that institutional …

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The Next Step For Myanmar, Michael Shank, Vani Sathisan Oct 2013

The Next Step For Myanmar, Michael Shank, Vani Sathisan

Research Collection Yong Pung How School Of Law

Last week, the Elders, led by ex-U.S. president Jimmy Carter, called for an end to impunity over the anti-Muslim attacks in Myanmar and the "meaningful realization of the right to freedom of religion." But their three-day visit with reformist President Thein Sein, religious leaders and civil society groups was not the only international appeal for increased attention. In her first visit to Singapore, this month Nobel Peace Prize Laureate and Myanmar opposition leader Aung San Suu Kyi also offered up a solution to current problems of sectarian violence, corruption, a crippled judicial system and illegal land grabs that plague her …

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The Singapore Personal Data Protection Act And An Assessment Of Future Trends In Data Privacy, Warren B. Chik Oct 2013

The Singapore Personal Data Protection Act And An Assessment Of Future Trends In Data Privacy, Warren B. Chik

Research Collection Yong Pung How School Of Law

In the first part of this paper, I will present and explain the Singapore Personal Data Protection Act (“PDPA”) in the context of legislative developments in the Asian region and against the well-established international baseline privacy standards. In the course of the above evaluation, reference will be made to the national laws and policy on data privacy prior to the enactment of the PDPA as well as current social and market practices in relation to personal data. In the second part of this paper, I will decipher and assess the future trends in data privacy reform and the future development …

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Overcoming Fear Of The ‘Other’, Tan K. B. Eugene Oct 2013

Overcoming Fear Of The ‘Other’, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary about the political and economic changes in Myanmar, SMU Associate Professor of Law and NMP Eugene Tan opined that deep-seated sectarian conflict could prove to be the Achilles heel of Myanmar’s reforms. He noted that the mere introduction of democracy anywhere will not miraculously transform voters into fair-minded citizens and that democracy requires the rule of law, a minimal level of education and political maturity, or it would degenerate into the tyranny of majority rule where might is right. Associate Prof Tan said that Myanmar must guard against this tendency and embrace the rich diversity in its …

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Which Road To The Past? - Some Reflections On Legal History, Andrew B.L. Phang Oct 2013

Which Road To The Past? - Some Reflections On Legal History, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

It is not customary to commence a keynote address with caveats and disclaimers. However, this is the rare occasion when such qualifications are necessary because—if I may be permitted a crude pun—of the lack of qualifications of the speaker himself. This is not false modesty. It is very real. I know that I have often been referred to in the Singapore context as a legal historian.

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Discovering The Right To Criminal Disclosure: Lessons From Civil Procedure, Denise Huiwen Wong Sep 2013

Discovering The Right To Criminal Disclosure: Lessons From Civil Procedure, Denise Huiwen Wong

Research Collection Yong Pung How School Of Law

The amendments to the Criminal Procedure Code (Cap 68, 1985 Rev Ed) and subsequent case law developments have created a patchwork of rules governing the disclosure obligations of parties in criminal cases. This article argues that parties have thereby been endowed with a right that is exercisable in the courts to access the material to which the law says they are entitled. However, there are currently no proper procedural mechanisms in place for parties to make interlocutory applications to obtain such material. This article examines the competing values and ideals of a criminal discovery regime, and suggests that concepts such …

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The Right To Appeal Against A Decision Made On An Interlocutory Application: The Immediate Aftermath Of The 2010 Amendments, Eunice Chua, Siyuan Chen Sep 2013

The Right To Appeal Against A Decision Made On An Interlocutory Application: The Immediate Aftermath Of The 2010 Amendments, Eunice Chua, Siyuan Chen

Research Collection Yong Pung How School Of Law

One of the main reasons for amending the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) in 2010 was to introduce a calibrated approach towards interlocutory appeals to the Court of Appeal. The amended s 34 and the newly introduced Fourth and Fifth Scheds were interpreted for the first time in two recent Court of Appeal decisions, providing much needed guidance on the general approach towards statutory interpretation, as well as specific direction in terms of interpreting the term “order” in para (i) of the Fourth Sched and para (e) of the Fifth Sched, and the term “interlocutory …

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The Future Of The Similar Fact Rule In An Indian Evidence Act Jurisdiction: Singapore, Siyuan Chen Sep 2013

The Future Of The Similar Fact Rule In An Indian Evidence Act Jurisdiction: Singapore, Siyuan Chen

Research Collection Yong Pung How School Of Law

In yet another attempt to bridge the gap between the rules of an antiquated statute and the modern realities of practice, Singapore’s Evidence Act was amended in 2012. Certain relevancy provisions were amended to allow greater admissibility of evidence. While new provisions were introduced to act as a check against abuse, oddly some similar fact provisions were left intact. This paper explains why the 2012 amendments have rendered the future of these enactments very uncertain. This paper also suggests a number of tentative recommendations as regards future legislative change or judicial interpretation. To the extent that Singapore’s Evidence Act was …

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Asean's Liberalization Of Legal Services: The Singapore Case, Pasha Li-Tian Hsieh Sep 2013

Asean's Liberalization Of Legal Services: The Singapore Case, Pasha Li-Tian Hsieh

Research Collection Yong Pung How School Of Law

This article examines the liberalization of legal services in the Association of Southeast Asian Nations (“ASEAN”) within the framework of the ASEAN Economic Community and ASEAN’s free trade agreements. Although trade in legal services is important to ASEAN’s goal as a “single market and production base,” the article challenges the weaknesses of ASEAN’s legal services liberalization. It then explores Singapore’s experiment on the regulations of foreign law firms and foreign lawyers, which have become substantially liberalized in the past decade. The article argues that while Singapore may serve as a positive example, ASEAN countries should be cautious of the gap …

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Contractual Interpretation In Indian Evidence Act Jurisdictions: Compatibility With Modern Contextual Approach, Yihan Goh Sep 2013

Contractual Interpretation In Indian Evidence Act Jurisdictions: Compatibility With Modern Contextual Approach, Yihan Goh

Research Collection Yong Pung How School Of Law

This paper examines the approaches towards contractual interpretation taken by Commonwealth jurisdictions governed by the Indian Evidence Act. While some of these jurisdictions import the modern contextual approach into their domestic approaches, it will be argued that it is largely compatible with the Indian Evidence Act. In particular, it will be shown that a limited adoption of the modern contextual approach is permissible, namely one involving the limited admissibility of extrinsic evidence to interpret contracts, subject to the requirement of ambiguity. An integrated approach may represent the best way of following the modern contextual approach, while remaining faithful to the …

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Go Beyond ‘Nudges’ In Tackling Discrimination, Tan K. B. Eugene Sep 2013

Go Beyond ‘Nudges’ In Tackling Discrimination, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In this commentary, SMU Associate Professor of Law and NMP Eugene Tan shared his thoughts on the Fair Consideration Framework (FCF), which was describe by Acting Manpower Minister Tan Chuan-Jin as a “nudge” to employers to give Singaporean professionals, managers and executives (PMEs) – who constitute about a third of the workforce – a “fair chance” at job and development opportunities.

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Sleepwalking To Disharmony, Tan K. B. Eugene Sep 2013

Sleepwalking To Disharmony, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary on racial relations in Singapore, SMU Associate Professor of Law and NMP Eugene Tan pointed out that the findings of the Indicators of Racial and Religious Harmony survey jointly conducted by the Institute of Policy Studies and OnePeople.sg demonstrated that we did well where it involved a strong public sphere/space element. However, we did not do as well in indicators that had a closer nexus to the private sphere and how we viewed Singaporeans of other races. Associate Prof Tan opined that the four indicators where we did not fare as well (but were still positive overall) …

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The Use Of Experts In Legal Proceedings In Singapore Involving Intellectual Property Rights, David Llewelyn Sep 2013

The Use Of Experts In Legal Proceedings In Singapore Involving Intellectual Property Rights, David Llewelyn

Research Collection Yong Pung How School Of Law

In intellectual property (IP) cases decided in recent years in Singapore, the use of expert evidence is commonplace. Weaknesses in that expert evidence are commonplace too; sometimes the weaknesses are such that the evidence should be excluded, on other occasions they render the evidence of little value. However, in all cases the reliance on expert evidence will have increased the cost of the litigation for both sides (and rarely does the costs award make that increase good for the successful party). Aside from the more general policy concerns regarding expert evidence, this is an important reason why the courts must …

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Hougang By-Election Case: What Court Decision On By-Election Reveals, Jack Tsen-Ta Lee Aug 2013

Hougang By-Election Case: What Court Decision On By-Election Reveals, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

The Singapore Court of Appeal’s judgment in Vellama d/o Marie Muthu v Attorney-General [2013] SGCA 39 – popularly known as the Hougang by-election case – shows that the Court sees its role as policing the margins rather than involving itself in the heart of politics. The Court held that the Government was incorrect in asserting the Constitution confers on it the discretion not to hold a by-election at all after a parliamentary seat falls vacant. The judgment came as a surprise to those used to a judicial stance fairly deferential towards the Government, but on balance the Court did accord …

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At The Threshold Of A New Singapore, Tan K. B. Eugene Aug 2013

At The Threshold Of A New Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law and NMP Eugene Tan shared his views on Prime Minister Lee Hsien Loong's National Day Rally Speech. He noted that PM Lee had outlined a vision for Singapore that epitomised opportunity, hope, fairness and social solidarity. This, marked a new direction in governance, and would form the basis of a strategic reconceptualisation of Singapore's future and how we would get there. Associate Prof Tan noted that with the call for a fundamental relook of policies, Singapore Inc's hedonistic treadmill, with its emphasis on economic values, affluence and consumption, must now compete for …

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Moulding The Nascent Corporate Social Responsibility Agenda In Singapore: Of Pragmatism, Soft Regulation, And The Economic Imperative, Eugene K. B. Tan Jul 2013

Moulding The Nascent Corporate Social Responsibility Agenda In Singapore: Of Pragmatism, Soft Regulation, And The Economic Imperative, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

This paper seeks to examine the putative growth of corporate social responsibility (CSR) in Singapore. A key impetus for the nascent CSR movement in twenty-first century Singapore is the economic imperative. As a trade-dependent industrializing economy, the economic development drive coupled with the need for international expansion has made it necessary for Singapore businesses to be cognizant of the growing CSR movement in the western, industrialized world. The government supports the CSR endeavour with an instrumental bent, where CSR ideas and concepts are adapted, incorporated, and promoted in various sectors of the economy. This paper assesses the state’s active encouragement …

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Following English Footsteps? An Empirical Study Of Singapore's Reported Insurance Judgments And Disputes Between 1965 And 2012, Christopher C. H. Chen Jul 2013

Following English Footsteps? An Empirical Study Of Singapore's Reported Insurance Judgments And Disputes Between 1965 And 2012, Christopher C. H. Chen

Research Collection Yong Pung How School Of Law

This article presents an empirical study of the development of Singapore’s insurance contract law in relation to English law. The gene of Singapore’s insurance law is very English. The empirical data show a lack of momentum in driving insurance law forward by case law. This may justify further legislative reform to address not only the known doctrinal issues inherited from English law but also the specific problems facing consumer insurance. Singapore’s competitiveness in the global insurance market will be an instrumental factor to determine how far Singapore continues to follow English law in the future.

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Emphasise Values In The Public Service, Tan K. B. Eugene Jul 2013

Emphasise Values In The Public Service, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

SMU Associate Professor of Law and Nominated Member of Parliament Eugene Tan highlighted the importance of emphasising values in public service, especially in light of the recent series of high-profile and sensational cases involving public servants. He noted that the emphatic assurances given by political and Public Service leaders after each case - that such misconduct is the exception rather than the norm - may lack convincing power, with the public believing that they are but the tip of the iceberg, with lesser misdemeanours not publicised because they were subjected to internal disciplinary sanctions. Associate Prof Tan questioned whether there …

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Let Us Not Centralise Town Council Services, Tan K. B. Eugene May 2013

Let Us Not Centralise Town Council Services, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

With the Government accepting the findings and recommendations of the Ministry of National Development (MND) Town Council Review Report, the focus has now shifted to a “strategic and comprehensive review of town councils (TCs)”. SMU Assistant Professor of Law Eugene Tan was of the opinion that such a move is timely and needed. He said that Singapore should not revert to the pre-1989 situation in which the management and maintenance of public housing estates was HDB’s sole responsibility. Apart from commenting on suggestions raised in the reviews, he also added what he thought should be included in this comprehensive review …

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Misrepresentation, Fiduciary Duty And Negligence: Investor Scores Rare Win In Deutsche Bank V Chang, Kee Yang Low Apr 2013

Misrepresentation, Fiduciary Duty And Negligence: Investor Scores Rare Win In Deutsche Bank V Chang, Kee Yang Low

Research Collection Yong Pung How School Of Law

Law reports of the last decade are littered with unsuccessful suits by investors against their banks for negligent or unsuitable advice. Rarely do investors succeed. This is despite the wide array of courses of action available, allowing them to sue for breaches by the bank of contractual duty (in particular, through misrepresentation), duty of care, statutory duty and fiduciary duty.

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