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Articles 901 - 930 of 940
Full-Text Articles in International and Area Studies
From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander
From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this article I will outline the development of modern mediation in Sri Lanka. I use the term mediation to mean facilitative mediation. Accordingly, for the purposes of this article, mediation does not include processes such as conciliation or evaluative mediation, which are used in Sri Lanka, for example in industrial dispute resolution practice.
The Statutory Derivative Action In Singapore: A Critical And Comparative Examination, Pearlie Koh
The Statutory Derivative Action In Singapore: A Critical And Comparative Examination, Pearlie Koh
Research Collection Yong Pung How School Of Law
As a mechanism for shareholder control of corporate wrongs and thus as a tool of corporate governance, the statutory derivative action has had much international attention given to it, particularly in the last 10 years. Singapore introduced its statutory derivative action in 1993 and since then, there have been two reported cases in which the action was invoked. In this paper, I consider the Singapore derivative action as contained in sections 216A and 216B of the Singapore Companies Act. The approach taken is a comparative one as I also look at the statutory derivative actions in Australia and other common …
The Protection Of Well-Known Marks In Taiwan: From Case Study To General Theory, Kung-Chung Liu
The Protection Of Well-Known Marks In Taiwan: From Case Study To General Theory, Kung-Chung Liu
Research Collection Yong Pung How School Of Law
Although the use of trademarks in China can be traced back over one thousand years (Liu's needle shop with the "white rabbit" mark ca. A.D. 960-1126), a statutory regulation of trademarks was not undertaken until very late in the Qing dynasty, and this only happened due to foreign pressure.' In 1904, the British Herd helped draft the "Shang Piao Chu Ts'e Shih Pan Chang Ch'eng," which never took effect.2 In 1923, the government promulgated the Trade Mark Act and in 1927 the "Ch'iian Kuo Chu Ts'e Chii Chu Ts'e T'iao Li."3 In 1930, the "New Trade Mark Act," 4 which …
Injunctions Restraining Calls On Performance Bonds: Is Fraud The Only Ground In Singapore?, Quentin Loh, Hang Wu Tang
Injunctions Restraining Calls On Performance Bonds: Is Fraud The Only Ground In Singapore?, Quentin Loh, Hang Wu Tang
Research Collection Yong Pung How School Of Law
This paper traces the divergence of Singapore law from English law with regard to the grounds upon which a call on a performance bond can be restrained, in particular the recent recognition of the Singapore Court of Appeal's ruling that "unconscionability" is a separate ground to restrain the call of a performance bond. This article examines the legal nature of an on demand performance bond and seeks to challenge the assumption that a performance bond is a mirror image of a letter of credit. This paper also discusses the recent case of Cargill International v. Bangladesh Sugar and Food Industries …
Enhancing Economic Cooperation: A Regional Arbitration Centre For Asean?, Pearlie Koh
Enhancing Economic Cooperation: A Regional Arbitration Centre For Asean?, Pearlie Koh
Research Collection Yong Pung How School Of Law
Economic co-operation within ASEAN can be said to have seriously begun only at the beginning of the nineties. Prior to that, it was well known that, ASEAN as a co-operative grouping, had existed mainly with a political and strategic focus. It is with this focus that ASEAN managed to establish and maintain cohesiveness through the years despite the shaky beginnings of what has been described as a 'brittle alliance' borne of a common fear of communism. And it is with this focus that ASEAN, as a regional grouping, has generally been hailed as a success.
Treatment Of Multi-Courts Jurisdiction Agreements, Seow Hon Tan
Treatment Of Multi-Courts Jurisdiction Agreements, Seow Hon Tan
Research Collection Yong Pung How School Of Law
An increasingly popular manner of drafting jurisdiction clauses in cross-border contracts involves the selection of the courts of more than one jurisdiction. Traditionally, parties would submit all disputes to the courts of a particular country under an exclusive jurisdiction agreement or agree that the transaction is subject to a particular jurisdiction without intending to create an obligation to proceed there and nowhere else. Of late, the Singapore courts have encountered litigation over multi-courts jurisdiction agreements. A common form involves the naming of a particular court with one of the parties being given the option to proceed anywhere else.
Law And Values In Governance: The Singapore Way, Eugene K. B. Tan
Law And Values In Governance: The Singapore Way, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The article examines the role of law and the legal system in catalysing Singapore's development success. It argues that there is a dichotomy in the approach with regard to commercial law and law relating to individual freedom and rights and civil society. Universalism characterises the treatment of commercial laws while cultural relativism and a communitarian-based understanding of rights and obligations are features of the law relating to the rights of the individual. Instrumentalism, driven by a particularistic 'communitarian' political philosophy underpinned by strong Confucianist values, is very much motivated by the need for good governance as a prerequisite for economic …
The Singapore Legal System – History, Theory And Practice, Andrew B.L. Phang
The Singapore Legal System – History, Theory And Practice, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
Law is central to order and stability and, without order and stability, societal as well as economic viability (let alone progress) are impossible The alternative is 'rule of man', and all the dangers of fallibility and (consequently) despotism that that entails. One central difficulty has, of course, been the maintenance of the argument that law is consonant with objective truth for if the law does not in fact possess this quality, then the 'rule of law' turns out to be the 'rule of man' after all. However, it is difficult, on rational grounds at least, to reject the concept of …
Imagining The Future: Training Hong Kong Lawyers For The 21 St Century, David N. Smith
Imagining The Future: Training Hong Kong Lawyers For The 21 St Century, David N. Smith
Research Collection Yong Pung How School Of Law
Hong Kong must commit itself now to becoming one of the leaders in legal education in Asia and the world. To do so, it must dramatically rethink the structure, process and content of legal education. This will not be easy, but it is essential if Hong Kong is to continue to serve as one of the great centres of finance, trade and technology in the world and if it is to maintain and secure a position of leadership in 21st century China and the Pacific region.
The Singapore Electronic Transactions Act 1998 And The Proposed Article 2b Of The Uniform Commercial Code, Andrew B.L. Phang
The Singapore Electronic Transactions Act 1998 And The Proposed Article 2b Of The Uniform Commercial Code, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
It is axiomatic that the law must change with the times. And nowhere is this more starkly demonstrated than in the shift, particularly during the last decade or so, into the information age - a shift that has radically changed the face of commerce, and will continue to do so in the years to come. In the context of commercial law, the focus on goods and property, so prevalent particularly in the middle of this century, is now giving way to an acknowledgment that the relevant legal regimes must accommodate information as contractual subject-matter. In this regard, it is widely …
Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee
Workplace Sexual Harassment In Singapore: The Legal Challenge, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This article examines the nature and prevalence of sexual harassment in the work environment, and compares civil and criminal law in Singapore to the approaches taken by various jurisdictions in dealing with the problem. It is submitted that legislation is needed to protect employees, as Singapore law currently does not present any clear and coherent means for victims to seek redress for workplace sexual harassment.
Shaping The Future Of The Profession, David N. Smith
Shaping The Future Of The Profession, David N. Smith
Research Collection Yong Pung How School Of Law
No abstract provided.
The New Singapore Law On Antidumping And Countervailing Duties, Locknie Hsu
The New Singapore Law On Antidumping And Countervailing Duties, Locknie Hsu
Research Collection Yong Pung How School Of Law
The Countervailing and Anti-dumping Duties Act 1996 ("the Act") came into effect on 1 November 1996.1 This legislation was enacted to bring Singapore's law in relation to countervailing duties, subsidies and antidumping into conformity with requirements of the World Trade Organization (WTO) Agreements It also updates the law by repealing the outmoded Customs (Subsidies and Anti-dumping) Act. The new rules and procedures in the Act are meant to "give added assurance and certainty to the local and foreign parties concerned whenever an action is instituted."In addition to the Act, detailed regulations have also been passed. The Act follows the basic …
Remedies Available For Breach Of Contract Under The Un Convention On Contracts For The International Sale Of Goods, Locknie Hsu
Remedies Available For Breach Of Contract Under The Un Convention On Contracts For The International Sale Of Goods, Locknie Hsu
Research Collection Yong Pung How School Of Law
This article, which is complementary to the previous one [(1996) 8 SAcLJ 104], examines in detail the remedies available under the UN Convention on Contracts for the International Sale of Goods, which recently came into force in Singapore. Where appropriate, brief comparisons are made with the remedies available under the Sale of Goods Act.
Medical Investigation Of Suspects By The Police, Jack Tsen-Ta Lee
Medical Investigation Of Suspects By The Police, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Although medical examinations and samples taken from suspects' bodies in the course of police inquiries often lead to the discovery of important evidence, Singapore criminal procedure does not appear to empower the police to carry out such medical investigations. Neither does it safeguard the interests of suspects. It is submitted that the Criminal Procedure Code and other statutes should be brought up to date with modern science.
For Better Of For Worse: The Statutory Derivative Action In Singapore, Pearlie Koh
For Better Of For Worse: The Statutory Derivative Action In Singapore, Pearlie Koh
Research Collection Yong Pung How School Of Law
Managerial accountability (or the lack of it) to shareholders has been described as “one of the major socio-legal problems of the twentieth century”. That such a comment has come to be made seems inevitable given the fact that common law courts have consistently upheld, in the absence of fraud, the managerial authority of the Board against the shareholders in general meeting. The Directors have almost absolute authority to decide what is, in their opinion, in the commercial interests of the company. The concerns of shareholders are obvious in public companies where, for the sake of economic efficiency and as a …
Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee
Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that …
Rediscovering The Constitution, Jack Tsen-Ta Lee
Rediscovering The Constitution, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
The fundamental liberties in our Constitution involve a study of tensions: between an individual's rights and the community's interests, between the role of the judiciary on the one hand and the executive and legislature on the other. How we should interpret them depends on where we think equilibrium should be established. This depends on two main factors. The first is the proper function of the judiciary as laid down by our Constitution, which is discussed in Part I of this article. The second is the nature of our fundamental liberties, for they are worded with varying degrees of generality. ... …
Frustration Of Contracts For The Sale Of Land In Singapore, Andrew B.L. Phang
Frustration Of Contracts For The Sale Of Land In Singapore, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
The recent Singapore Court of Appeal decision of Lim Kim Som v. Sheriffa bah bte Abdul Rahman' is significant for at least two specific (and related) rea in the context of the doctrine of frustration: first, because it pertains to the m particular issue as to whether a contract for the sale of land can be frustrated; second, because it also raises certain significant questions with regard to m general aspects of the doctrine itself.
Beyond Pepper V. Hart: The Legislative Reform Of Statutory Interpretation In Singapore, Robert C. Beckman, Andrew B.L. Phang
Beyond Pepper V. Hart: The Legislative Reform Of Statutory Interpretation In Singapore, Robert C. Beckman, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
One of the major controversies in the area of statutory interpretation has centred on the use of parliamentary materials as extrinsic aids by courts in interpreting legislation. The English courts long prohibited any reference to parliamentary materials.' Legislation was passed in Australia in the 1980s to allow liberal reference to parliamentary materials in the courts. More recently, a seminal decision of the House of Lords in 1992 in Pepper (Inspector of Taxes) v. Hart' introduced significant flexibility into the hitherto rigid proscription followed in the English courts, although it did not go as far as the legislative reforms in Australia. …
The Court Of Appeal's Lack Of Jurisdiction To Reopen Appeals: Abdullah Bin A Rahman V Public Prosecutor; Lim Choon Chye V Public Prosecutor, Jack Tsen-Ta Lee
The Court Of Appeal's Lack Of Jurisdiction To Reopen Appeals: Abdullah Bin A Rahman V Public Prosecutor; Lim Choon Chye V Public Prosecutor, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
It is ironic that Abdullah bin A Rahman v PP and Lim Choon Chye v PP were decided in the aftermath of the Birmingham Six, Guildford Four and Maguire Seven cases from the United Kingdom. As in these cases, Abdullah and Lim Choon Chye highlight a serious flaw in our criminal justice system: there appears to be no appropriate way to correct miscarriages of justice. The purpose of this case note is to set out the conclusions reached by the Court of Appeal and to suggest directions for the future.
A Place For The Privileged Will, Jack Tsen-Ta Lee
A Place For The Privileged Will, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Most people consider the proper distribution of their property on death a vitally important matter. For those who are elderly, ill or engaged in risky occupations, it is often urgent to get such things settled fast. But some people may be in circumstances where they cannot comply with the formal requirements for a valid will. The law has long recognized this concern in the case of soldiers and sailors by allowing them to create privileged wills. Many jurisdictions, including Singapore, have legislation to this effect. This article seeks to determine if there remains a place for the privileged will today. …
Beyond Pepper V. Hart: The Legislative Reform Of Statutory Interpretation In Singapore, Andrew B.L. Phang, Andrew Phang
Beyond Pepper V. Hart: The Legislative Reform Of Statutory Interpretation In Singapore, Andrew B.L. Phang, Andrew Phang
Research Collection Yong Pung How School Of Law
One of the major controversies in the area of statutory interpretation has centred on the use of parliamentary materials as extrinsic aids by courts in interpreting legislation. The English courts long prohibited any reference to parliamentary materials.' Legislation was passed in Australia in the 1980s to allow liberal reference to parliamentary materials in the courts.2 More recently, a seminal decision of the House of Lords in 1992 in Pepper (Inspector of Taxes) v. Hart' introduced significant flexibility into the hitherto rigid proscription followed in the English courts, although it did not go as far as the legislative reforms in Australia. …
Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay
Prosecutorial Discretion And The Conditional Waiver: Lessons From The Japanese Experience, Mark Findlay
Research Collection Yong Pung How School Of Law
A unique characteristic of prosecutorial discretion in Japan is the formal practice of suspension. From the later part of last century, public prosecutors were presented with the discretionary option of waiving or suspending prosecution dependent on certain conditions.
Convergence And Divergence – A Preliminary Comparative Analysis Of The Singapore And Hong Kong Legal Systems, Andrew B.L. Phang
Convergence And Divergence – A Preliminary Comparative Analysis Of The Singapore And Hong Kong Legal Systems, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
Both Singapore and Hong Kong are similar in very many respects: both are city states, although the former is now independent; both have legal systems that derive from English law; and both are devoid of natural resources, dependent upon the industry of their people for economic survival.
Cementing The Foundations: The Singapore Application Of English Law Act 1993, Andrew B.L. Phang
Cementing The Foundations: The Singapore Application Of English Law Act 1993, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
After almost one hundred and seventy-five years since the founding of modern Singapore in 1819,' the Singapore Legislature2 has finally passed the Application ofEnglish LawAct i9933 to clarify the application of English law in the island republic. Prior to the AELA, there were numerous areas of uncertainty with regard to both the general as well as the specific reception of English law that led to a plethora of literature but little else.
Review Of Judicial Decision-Making In The People's Republic Of China: An Overview Of Unique Developments, Mark Findlay
Review Of Judicial Decision-Making In The People's Republic Of China: An Overview Of Unique Developments, Mark Findlay
Research Collection Yong Pung How School Of Law
While the constitutional injunction to independence is general, specific legislative provisions do not directly preclude the overall governance of the Party. In fact, the initial articles of the 1982 Constitution celebrate the 'dignity of the socialist legal system' (Article 5), and as the preamble confirms, the construction and maintenance of Chinese socialism remains under the leadership of the Communist Party of China. Therefore it might be argued that the protection of judicial power from the 'interference by administrative organs, public organisations or individuals' (Article 126) does not envisage the intervention of the Party.
Frustration In English Law – A Reappraisal, Andrew B.L. Phang
Frustration In English Law – A Reappraisal, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
There are few doctrines in the English common law of contract that have raised as much theoretical discussion as the doctrine of frustration. The present article attempts a reappraisal of the doctrine, its central thesis being that many of the major controversies centring on the doctrine have been unnecessary as they stem from an omission to view the doctrine in a holistic fashion. Indeed, it is submitted that a more coherent view must proceed from a theoretical reappraisal, which reappraisal would, ironically, lead to a more cogent practical application of the doctrine itself. That theory lies at the core of …
The Law Of Assembly In The People's Republic Of China: Implications Of The Retreat To Formal Legalism For The Legislative Process In China, Mark Findlay, Thomas Chor-Wing Chiu
The Law Of Assembly In The People's Republic Of China: Implications Of The Retreat To Formal Legalism For The Legislative Process In China, Mark Findlay, Thomas Chor-Wing Chiu
Research Collection Yong Pung How School Of Law
Under the most current constitution, written in 1982, the citizens of the PRC are guaranteed freedom of the press, speech, assembly, association, procession, and demonstration; furthermore, all citizens enjoy the rights and assume the responsibilities prescribed by the constitution and the law. In 1989, following the student democracy demonstrations in the PRC, the government circulated a draft of the law concerning assemblies, processions, and demonstrations for public comment. While the 24 articles of the draft legislation effectively removed the right to free public protest by interposing a variety of administrative procedures governing proscription of venue, application, approval, and review, the …
The Hong Kong Jury: A Microcosm Of Society?, Peter Duff, Mark Findlay, Carla Howarth
The Hong Kong Jury: A Microcosm Of Society?, Peter Duff, Mark Findlay, Carla Howarth
Research Collection Yong Pung How School Of Law
The claim that the jury is a randomly chosen and representative sample of community is an important part of the ideology which currently underpins the institution. Supporters of the jury argue that both its impartiality and its independence from the State are bolstered by the fact that it represents a randomly selected cross-section of the populace. In most common law jurisdictions where the jury operates, various steps have been taken over recent years in order preserve and strengthen the perception of the jury as a "microcosm of democratic society". For example, in England the property qualification for jurors was removed …