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Articles 661 - 690 of 940
Full-Text Articles in International and Area Studies
Presidential Pardon In Singapore: A Comment On Yong Vui Kong V Ag, Shubhankar Dam
Presidential Pardon In Singapore: A Comment On Yong Vui Kong V Ag, Shubhankar Dam
Research Collection Yong Pung How School Of Law
This paper critically analyses the decision of the Singapore Court of Appeal in Yong Vui Kong v Attorney-General in relation to presidential pardon. Two questions were central to the case. First, is the President bound by the decision of the Cabinet in pardon-related matters? Secondly, are decisions regarding pardon—whether made by the Cabinet or President—subject to judicial review? In relation to the first question, the Court based its reasoning on Singapore's political system being a Westminster-inspired model and, therefore, that the President generally undertakes the same functions as the British monarch. However, this paper identifies the unique features of Singapore's …
The 2012 Amendments To Singapore's Evidence Act: More Questions Than Answers As Regards Expert Opionion Evidence?, Siyuan Chen
The 2012 Amendments To Singapore's Evidence Act: More Questions Than Answers As Regards Expert Opionion Evidence?, Siyuan Chen
Research Collection Yong Pung How School Of Law
Singapore amended the expert opinion evidence provisions in its Evidence Act (EA) in 2012. The criteria for admissibility have been broadened, but the courts are now also expressly given the discretion to exclude relevant expert opinion evidence if it is ‘in the interests of justice’. This article explains why the 2012 amendments have raised more questions than answered them. First, Parliament did not appear to have properly appreciated the distinction—as conceptualised by the EA—between legal and logical relevance and relevance and admissibility. Second, it did not appear to have appreciated the distinction between general and specific relevance. Third, the introduction …
Faith, Freedom, And Us Foreign Policy: Avoiding The Proverbial Clash Of Civilizations In East And Southeast Asia, Eugene K. B. Tan
Faith, Freedom, And Us Foreign Policy: Avoiding The Proverbial Clash Of Civilizations In East And Southeast Asia, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
In the immediate aftermath of 9/11, the primary weakness of US foreign policy, particularly in Southeast Asia which is home to the largest Muslim community in the world, was that it was driven by concerns over archipelagic Southeast Asia as the “second front” in the “global war against terror.” Military warfare and coercive legislation and enforcement are grossly inadequate in winning the hearts and minds of a community. Religion-wise, Asia is not a tabula rosa. Many religions have long co-existed in Asia. The virtues of religious freedom are not alien to Asia but need nurturing given the dominant imperatives of …
Reassessing Apec's Role As A Trans-Regional Economic Architecture: Legal And Policy Dimensions, Pasha L. Hsieh
Reassessing Apec's Role As A Trans-Regional Economic Architecture: Legal And Policy Dimensions, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article examines the two-decade evolution of the Asia-Pacific Economic Cooperation (APEC) and the future prospects for Asian regionalism. It argues that while APEC retains advantages over competing regional structures, it should undergo reforms to accelerate the Bogor Goals and ensure its complementarity with the World Trade Organization (WTO). The article first analyzes the impact of stake-holding countries’ trade policies on APEC’s structure and development. By assessing APEC’s soft-law mechanism, it explores APEC’s WTO-plus contributions that reinvigorated the International Technology Agreement negotiations and improved supply chain facilitation. APEC’s goal of creating a Free Trade Area of the Asia-Pacific (FTAAP) can …
Prosecutorial Discretion And The Legal Limits In Singapore, Gary Kok Yew Chan
Prosecutorial Discretion And The Legal Limits In Singapore, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
Article 35(8) of the Constitution of the Republic of Singapore states that the Attorney-General, as the Public Prosecutor, “shall have the power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for any offence”. This prosecutorial discretion, though extremely wide, is not an unfettered one and must not be exercised in bad faith or in breach of constitutional rights. With respect to the equality provision in the Constitution, the Prosecution has to give unbiased consideration to all potential accused persons and avoid any irrelevant considerations. The article considers whether the presumption of the constitutionality of prosecutorial decisions and …
A Reconsideration Of The Shareholder's Remedy For Oppression In Singapore, Pearlie Koh
A Reconsideration Of The Shareholder's Remedy For Oppression In Singapore, Pearlie Koh
Research Collection Yong Pung How School Of Law
The statutory remedy for oppression plays an important role in minority shareholder protection in Singapore. Both the scope of its application and the court's jurisdiction to make remedial orders must necessarily be wide in order for the remedy to be effective. Nevertheless, the remedy is not without limits. Indeed, it is crucial that the boundaries of the remedy be made clear so that legitimate rule of the majority is not too often, and erroneously, equated with tyranny by the majority. This paper considers a number of issues as to the scope of the oppression remedy in Singapore through a careful …
Is There Confusion In The Law Of Trade Marks In Singapore? Staywell Hospitality Group Pty Ltd V Starwood Hotels & Resorts Worldwide, Inc [2013] 1 Slr 489, David Llewelyn
Research Collection Yong Pung How School Of Law
The wording of s 8(2)(b) of the Trade Marks Act – which sets out the relative ground for refusal of a trade mark application for a mark that is the same or similar to an earlier mark registered in relation to the same or similar goods or services as long as there is a likelihood of confusion – is identical to that in s 27(2)(b) relating to infringement of a trade mark. The wording is taken from ss 5(2) and 10(2) of the UK Trade Marks Act 1994 (which in turn derives from the European Council Trade Marks Directive). The …
How Is Med-Arb Regulated In Hong Kong?, Nadja Alexander
How Is Med-Arb Regulated In Hong Kong?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the Arbitration Ordinance (AO) and the Mediation Ordinance (MO) to the multi-tiered dispute resolution (MDR) practice in Hong Kong are analysed.
Interim Relief In Aid Of Arbitration Against A Sovereign, Darius Chan
Interim Relief In Aid Of Arbitration Against A Sovereign, Darius Chan
Research Collection Yong Pung How School Of Law
In Maldives Airports Co Ltd v GMR Malé International Airport Pte Ltd [2013] SGCA 16, the Singapore Court of Appeal discharged an interim injunction in aid of arbitration granted by the High Court against, inter alios, the Government of the Republic of Maldives. In doing so, the Court of Appeal not only gave helpful guidance on the granting of interim relief under s 12A of the International Arbitration Act, it also touched upon issues of public international law.
Why It’S A High-Speed Game Changer, Tan K. B. Eugene
Why It’S A High-Speed Game Changer, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Assistant Professor of Law Eugene Tan said that the agreement to build a high-speed rail (HSR) link between Kuala Lumpur and Singapore marks a milestone in bilateral relations. He noted that the HSR project is a manifestation of the imperative for Singapore and Malaysia to collaborate closely, leveraging on each other’s complementarities and strengths. Ideally, the HSR link would have a knock-on effect in engendering confidence and momentum in bilateral ties. In the meantime, with the HSR in the making, both governments should work resolutely on other existing plans, such as the Rapid Transit System (RTS) link between Singapore …
The Creation Of A Hybrid Arbitration From A Pathological Arbitration Clause, Darius Chan
The Creation Of A Hybrid Arbitration From A Pathological Arbitration Clause, Darius Chan
Research Collection Yong Pung How School Of Law
In HKL Group Co Ltd v Rizq International Holdings Pte Ltd [2013] SGHCR 5, the Singapore High Court was asked to grant a stay of proceedings in favour of arbitration under the International Arbitration Act. One of the two issues in that case was that the arbitration clause suffered a drafting defect.
For Wp, The Challenge Of Great Expectations, Tan K. B. Eugene
For Wp, The Challenge Of Great Expectations, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Assistant Professor of Law Eugene Tan commented on the Workers’ Party’s (WP) rapidly rising political stock and analysed its future. In many ways, the WP has been able to capitalise on the fading lustre of one-party dominance, as well as on a growing demand for a healthy opposition parliamentary presence as an enabler of good governance and to make the Government more responsive. But now, flush with success, the WP has wasted no time in deftly managing growing expectations. Also, WP has to carve out its own brand in politics to win votes in its own right. It needs …
This Land Was Made For You And Me: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee
This Land Was Made For You And Me: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
No abstract provided.
Four-Cornered Fight A Blessing In Disguise For Wp, Tan K. B. Eugene
Four-Cornered Fight A Blessing In Disguise For Wp, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Assistant Professor of Law and NMP Eugene Tan said that much is at stake for the four political parties contesting the Punggol East by-election. Regardless of how the parties seek to characterise the by-election, it will be fought on both local and national issues. Although it is a four-cornered contest, the race will effectively be a two-horse race between the Workers' Party (WP) and the incumbent People's Action Party (PAP). The by-election is also a way station for PAP and WP as they move towards the next General Election, which promises to be the real watershed election. Assistant Prof …
Sanctions: Where Law And Justice Collide: Kraze Entertainment (S) Pte Ltd V Marina Bay Sands Pte Ltd [2013] Sghc 39, Denise Huiwen Wong
Sanctions: Where Law And Justice Collide: Kraze Entertainment (S) Pte Ltd V Marina Bay Sands Pte Ltd [2013] Sghc 39, Denise Huiwen Wong
Research Collection Yong Pung How School Of Law
This is a cautionary tale for litigation practitioners and their claimant clients. The decision emanates from the High Court of Singapore, but is equally applicable to any jurisdiction in which security for costs can be sought against the claimant in an action. In Singapore, the Rules of Court set out the procedural rules governing all civil proceedings in the High Court and Subordinate Courts. Unlike the Civil Procedure Rules (CPR), the Singapore Rules of Court do not expressly articulate an overriding objective of timely and proportionate justice. However, the courts have consistently prioritised robust case management and “an uncompromising but …
Corporate Social Responsibility As Corporate Soft Law: Mainstreaming Ethical And Responsible Conduct In Corporate Governance, Eugene K. B. Tan
Corporate Social Responsibility As Corporate Soft Law: Mainstreaming Ethical And Responsible Conduct In Corporate Governance, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
This article explores corporate social responsibility ("CSR') as a viable mode of regulation and governance in the corporate arena. A starting premise is that good corporate governance must move resolutely beyond a compliance mindset to one which recognises that effective corporate governance must have an ethical backbone in which the dimensions of responsibility, transparency, and accountability are evident, recognised and supported. Regulatory endeavours and corporate governance reforms in the past decade have increasingly intersected with mainstream CSR motivations. CSR is increasingly inducted and mainstreamed into corporate governance thinking, characterised by the dual perspective ofrisk management and values-driven/principled governance and operations. …
Hong Kong’S New Year’S Resolution: A Single Mediator Accreditation Body, Nadja Alexander
Hong Kong’S New Year’S Resolution: A Single Mediator Accreditation Body, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the establishment of a single body for accrediting mediators in Hong Kong is discussed.
A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee
A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Singapore is not well known for its archaeological heritage. In fact, chance finds in the early 20th century and systematic archaeological excavations since the 1980s conducted at sites around the Singapore River have unearthed artefacts shedding light on the island’s early history. In addition, the value of archaeology for a deeper knowledge of Singapore’s British colonial past is increasingly being recognized. Nonetheless, Singapore law provides only a rudimentary framework to facilitate archaeological investigations and protect cultural artefacts. This article considers how the National Heritage Board Act (Cap 196A, 1994 Rev Ed), the Planning Act (Cap 232, 1998 Rev Ed), and …
Animal Protection Laws Of Singapore And Malaysia, Alvin W. L. See
Animal Protection Laws Of Singapore And Malaysia, Alvin W. L. See
Research Collection Yong Pung How School Of Law
This article offers an overview and assessment of the laws relating to the protection of animals in Singapore and Malaysia. The focus is on identifying the interpretations of the statutory offences of cruelty that will best promote their objectives and effectiveness.
Regulation Of Over-The-Counter Derivatives: A Comparative Study Of Proposals In Singapore And Hong Kong, Chao-Hung Christopher Chen
Regulation Of Over-The-Counter Derivatives: A Comparative Study Of Proposals In Singapore And Hong Kong, Chao-Hung Christopher Chen
Research Collection Yong Pung How School Of Law
This chapter identifies some of the potential legal and policy issues involved in the future regulation of over-the-counter (OTC) derivatives. First, regulators must be cautious in the regulation and solvency of some mammoth clearing- houses. Second, Singapore and Hong Kong both face challenges in the areas of global regulatory cooperation and extra-territorial regulatory effects. Third, the exact scope of a clearing obligation determines whether there is any regulatory competition or room for regulatory arbitrage in the future. Fourth, there are legal definition problems with the term ‘derivative’ and its sub-categories that must be addressed. Fifth, there are potential privacy and …
Certainty At Last?: A "New" Framework For Electronic Contracting In Singapore, Eliza Mik
Certainty At Last?: A "New" Framework For Electronic Contracting In Singapore, Eliza Mik
Research Collection Yong Pung How School Of Law
Singapore is the first Asian country to accede to the UNCITRAL Convention on the Use of Electronic Communications in International Contracts (“CUECIC” or “Convention”). Upon accession, the Singaporean Electronic Transactions Act (“ETA” or “Act”) was repealed and re-enacted in a modified version, with effect from 1 July 2010. The modified ETA retains the framework of the original ETA but adds or amends certain provisions dealing with electronic contracting to align domestic e-commerce regulations with the Convention. Accordingly, Singapore is not only the first Asian nation to accede to the CUECIC but also the first nation to implement some of its …
Living With Voters’ Existential Angst, Tan K. B. Eugene
Living With Voters’ Existential Angst, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Assistant Professor of Law and NMP Eugene Tan analysed the results of the Punggol East by-election and discussed what it signals next for the People’s Action Party (PAP), the Workers’ Party, the opposition in general and Singaporeans. He said that while we should be careful not to extrapolate the results of the Punggol East by-election as being a barometer of national sentiment, the results are nonetheless a useful snapshot of the dynamic political situation. He added that PAP urgently needs to connect more with this existential angst, anxiety and aspirations of voters who feel a growing sense of alienation. …
Criminal Liability For Vessel-Source Pollution In China: Law And Practice, Nengye Liu
Criminal Liability For Vessel-Source Pollution In China: Law And Practice, Nengye Liu
Research Collection Yong Pung How School Of Law
This article addresses criminal liability for vessel-source pollution in China. It describes relevant Chinese legislation regarding criminal liability for vessel-source pollution, analyses why a criminal case pertaining to vessel-source pollution has yet to be brought in Chinese courts and presents suggestions on how to improve the current regime.
Current Legal Developments China: Prevention Of Invasive Species From Ballast Water In China, Nengye Liu
Current Legal Developments China: Prevention Of Invasive Species From Ballast Water In China, Nengye Liu
Research Collection Yong Pung How School Of Law
The introduction of invasive marine species by ships is one of the four most significant threats to the world's oceans.' Global shipping moves over 80% of the world's commodities and transfers approximately 3 to 5 billion tonnes of ballast water each year.^ Every day about 3,000 species of animals and plants are transported around the world in the ballast water of ships, or on their hulls.' Some invasive alien marine species can have serious ecological as well as social and economic impacts."*
The New Hong Kong Mediation Ordinance: Much Ado About Nothing?, Nadja Alexander
The New Hong Kong Mediation Ordinance: Much Ado About Nothing?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the purpose of the Mediation Ordinance (MO) passed in June 2012 by the Hong Kong Legislative Council is discussed.
Taking Crime Out Of Crime Business, Mark James Findlay, Nafis Hanif
Taking Crime Out Of Crime Business, Mark James Findlay, Nafis Hanif
Research Collection Yong Pung How School Of Law
It is one thing to assert that conventional market analysis is critically useful in understanding criminal enterprise. It is more challenging to suggest that corrupt and compromised legal regulation interacts with other critical market variables to maximise market advantage for crime business in a similar manner to legitimate regulatory forces in their protection and enhancement of legitimate business enterprise. The central argument of this paper is that crime business mirrors other business forms when considered in terms of critical market variables, and that in particular regulatory forces when inverted from their original purposes can influence market conditions in the same …
Shall The Twain Never Meet? Competing Narratives And Discourses Of The Rule Of Law In Singapore, Jack Tsen-Ta Lee
Shall The Twain Never Meet? Competing Narratives And Discourses Of The Rule Of Law In Singapore, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This article aims to assess the role played by the rule of law in discourse by critics of the Singapore Government’s policies and in the Government’s responses to such criticisms. It argues that in the past the two narratives clashed over conceptions of the rule of law, but there is now evidence of convergence of thinking as regards the need to protect human rights, though not necessarily as to how the balance between rights and other public interests should be struck. The article also examines why the rule of law must be regarded as a constitutional doctrine in Singapore, the …
A Preliminary Survey Of The Right To Presumption Of Innocence In Singapore, Siyuan Chen
A Preliminary Survey Of The Right To Presumption Of Innocence In Singapore, Siyuan Chen
Research Collection Yong Pung How School Of Law
The right to presumption of innocence is said to exist in almost all criminal justice systems, including Singapore. Curiously, however, no Singapore case has ever attempted to establish the exact source and contours of this longstanding right. This is unsatisfactory, as this diminishes the meaningfulness of what is supposed to be a fundamental right in the criminal justice process. The primary aim of this article is thus to conduct a preliminary survey of the law on the presumption of innocence in Singapore. It begins by proposing the Woolmington conception as a workable starting point, but posits a guiding principle to …
China's Rare Earths Export Quotas: Out Of The China-Raw Materials Gate, But Past The Wto's Finish Line?, Han-Wei Liu, John Maughan
China's Rare Earths Export Quotas: Out Of The China-Raw Materials Gate, But Past The Wto's Finish Line?, Han-Wei Liu, John Maughan
Research Collection Yong Pung How School Of Law
Several recent studies have discussed the ramifications of the China – Raw Materials case for China's rare earths. However, none of these studies has conducted a thorough investigation of China's current export quota regime for rare earths or how it might stand up under WTO rules, assuming that it would be treated the same. This article makes no such assumption, investigating China's export quota regime for rare earths as it stands in early June 2012. The regime is somewhat improved over that applied during the Raw Materials case and could allow a more favourable WTO ruling. However, if General Agreement …
A Court For The Next Decade, Yihan Goh, Paul Tan
A Court For The Next Decade, Yihan Goh, Paul Tan
Research Collection Yong Pung How School Of Law
Discusses the impact of Mr Sundaresh Menon as Singapore's fourth post-independence Chief Justice.