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Articles 301 - 330 of 1176
Full-Text Articles in Asian Studies
From Third World To First World: Law And Policy In Singapore’S Urban Transformation And Integration, Tan K. B. Eugene
From Third World To First World: Law And Policy In Singapore’S Urban Transformation And Integration, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The physical transformation of a colonial backwater city, Singapore, in one generation has been described as a feat of urban planning, renewal, and development. Less studied is the political will of the government to create a thriving city fit for purpose. Even less studied is the role of law that provides the powerful levers for the rapid and deep-seated changes to the urban landscape in Singapore. In this regard, the mindset shift that accompanied the massive urban transformation has facilitated a national psyche that embraces the material dimension of progress, for which urban renewal is not just a mere indicator …
Equity And Trusts, Hang Wu Tang, Yong Seng Tay
Equity And Trusts, Hang Wu Tang, Yong Seng Tay
Research Collection Yong Pung How School Of Law
Jocelyn Rita d/o Lawrence Stanley v Tan Gark Chong1 (“Jocelyn Rita v Tan Gark Chong”) is an example of an attempt to set aside a trust deed in the wake of BOM v BOK. 2 This case takes place in the context of a husband and wife relationship.
Tax Considerations For Funds Structuring In Asia, Vincent Ooi
Tax Considerations For Funds Structuring In Asia, Vincent Ooi
Research Collection Yong Pung How School Of Law
Tax considerations play a major role in the decisions of fund managers of where to base their funds. The highly mobile nature of capital has resulted in tax competition, leading to several host jurisdictions for funds in Asia (Hong Kong, Singapore, Labuan, and the BVI) having very similar tax characteristics in terms of low effective corporate income tax rates; no capital gains taxes; no exit taxes; a single tier of taxation; and generally no withholding taxes. Other ways in which jurisdictions have attempted to distinguish themselves include a strong Double Tax Agreement network, certainty on the taxation of the carried …
Tax Implications Of Covid-19 In Singapore, Vincent Ooi
Tax Implications Of Covid-19 In Singapore, Vincent Ooi
Research Collection Yong Pung How School Of Law
As taxpayers in Singapore deal with a radically changed business environment due to COVID-19, there is a need to make non-routine decisions quickly. These decisions can have significant tax implications, which will likely manifest themselves later as the economy recovers. It is critical for taxpayers to understand the tax consequences of their decisions, even as they focus on issues of immediate survival. While the majority of the relevant tax principles are not new, the COVID-19 pandemic has resulted in the need to apply these existing principles to new situations and increased the frequency of certain activities that may have been …
Despite Eld’S Lengthy Statement On Ge2020, Some Key Questions Remain Unanswered, Tan K. B. Eugene
Despite Eld’S Lengthy Statement On Ge2020, Some Key Questions Remain Unanswered, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Singaporeans went to the polls on July 10 amid an unprecedented set of public health and safety precautionary measures put in place to prevent the spread of Covid-19 infections. Among other things, GE2020 would also be remembered for long queues at some polling stations and the less than positive voter experience. There was also the first-ever extension of polling hours nationwide by two hours to 10pm.
The Tainting Doctrine In Singapore Conflict Of Laws, Rennie Whang
The Tainting Doctrine In Singapore Conflict Of Laws, Rennie Whang
Research Collection Yong Pung How School Of Law
In Singapore conflict of laws, the tainting doctrine applies where a contractual claim governed by Singapore law is not itself unenforceable for illegality or public policy, but is sufficiently connected to a transaction which is so unenforceable. However, the mechanism of this doctrine—as articulated in the English Court of Appeal decision of Euro-Diam Ltd v Bathurst Ltd—is today uncertain due to, inter alia, its use of domestic illegality principles which no longer apply. This paper suggests two areas of clarification. First, it explores whether the doctrine should be seen an application of the proper law of the contract or the …
Hearing Essential And Urgent Court Matters During The Covid-19 Pandemic, Kwan Ho Lau, Daryl Xu
Hearing Essential And Urgent Court Matters During The Covid-19 Pandemic, Kwan Ho Lau, Daryl Xu
Research Collection Yong Pung How School Of Law
This chapter discusses the hearing of essential and urgent court matters in the Singapore courts during the COVID-19 pandemic. On 27 march 2020, the Singapore judiciary notified courst users that remote hearings were to be implemented for certain types of hearings by means of video and telephone conferencing facilities. Court users were also provided with indicative lists of matters which might be considered essential and urgent.
Private Liability For Public Health, Jerrold Soh
Private Liability For Public Health, Jerrold Soh
Research Collection Yong Pung How School Of Law
As at this writing, COVID-19 continues to spread around the world. Most disease transmissions, one hopes, are unintentional. But could one nonetheless be liable for unintentionally, yet carelessly, transmitting the disease? If so, when would liability arise, and how wide may its scope be? If X transmits the disease to Y who in turn transmits it to Z, can Z claim against X? If not, why should liability escape one who carelessly spreads a deadly and highly contagious virus when courts have historically found liability for more innocuous harms?154 This short essay discusses how private liability might complement public regulation …
Constitutional Literacy In Times Of Crisis, Maartje De Visser
Constitutional Literacy In Times Of Crisis, Maartje De Visser
Research Collection Yong Pung How School Of Law
At the same time she announced her withdrawal from public life in 2018, former US Supreme Court Justice Sandra Day O’Connor made a passionate plea for “all citizens to understand our Constitution and unique system of government, and participate actively in their communities.”441 The timing coincided with the halfway mark of Donald Trump’s term in presidency, a president who has very publicly declared his knowledge of the US Constitution, but whose understanding of it has regularly been called into question.442 At its foundation, the democratic legitimacy of a government arguably presupposes a working familiarity with the constitution qua social contract. …
Impossible Attempts And The Punishment Of Intent: Han Fang Guan V Public Prosecutor, Wing Cheong Chan
Impossible Attempts And The Punishment Of Intent: Han Fang Guan V Public Prosecutor, Wing Cheong Chan
Research Collection Yong Pung How School Of Law
This comment reviews the new “two-stage framework” developed by the Singapore Court of Appeal in the case of Han Fang Guan v Public Prosecutor for impossible attempts under the Misuse of Drugs Act. The new framework clarifies the law and it is suggested that the approach should be adopted for all other criminal laws as well.
12 September 2020: The Singapore Convention On Mediation Comes Into Force, Nadja Alexander, Shou Yu Chong
12 September 2020: The Singapore Convention On Mediation Comes Into Force, Nadja Alexander, Shou Yu Chong
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the potential impact of the Singapore Convention on Mediation is analysed.
Opening The Door To Fickle-Minded Guilty Pleas? Public Prosecutor V Dinesh S/O Rajantheran, Teng Jun Gerome Goh
Opening The Door To Fickle-Minded Guilty Pleas? Public Prosecutor V Dinesh S/O Rajantheran, Teng Jun Gerome Goh
Research Collection Yong Pung How School Of Law
Unlike applications to retract guilty pleas, accused persons are not required to provide valid and sufficient reasons when qualifying their guilty pleas in mitigation. In Criminal Reference No. 5 of 2018, the Court of Appeal held that section 228(4) of the Criminal Procedure Code allows accused persons to qualify their guilty pleas in mitigation to the extent that it amounts to a retraction of their guilty pleas unless there is an abuse of the court’s process. This comment considers the desirability of the current law and suggests that the law applying to such withdrawals of guilty pleas should be …
A New Chinese Economic Law Order?, Greg Shaffer, Henry S. Gao
A New Chinese Economic Law Order?, Greg Shaffer, Henry S. Gao
Research Collection Yong Pung How School Of Law
China is incrementally developing a new, decentralized model of trade governance through a web of finance, trade, and investment initiatives involving memorandum of understanding, contracts, and trade and investment treaties, supported by an indigenous innovation policy that is transnational in its reach. In this way, China could create a vast, Sino-centric, legal order in which the Chinese state plays the nodal role. It is a hub and spokes model, with China at the hub. In this article, we first examine China’s export of an infrastructure-based development model, implemented through Chinese state-owned and private enterprise investments and commercial contracts (Part B), …
Japan-Singapore Joint Mediation Protocol Announced, Nadja Alexander
Japan-Singapore Joint Mediation Protocol Announced, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post, the potential impact of the Japan-Singapore Joint Mediation Protocol is analysed.
The Ideals Of Law In A Health Crisis: Singapore’S Legislative Responses To Covid‐19, Benjamin Joshua Ong
The Ideals Of Law In A Health Crisis: Singapore’S Legislative Responses To Covid‐19, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
Situations like the COVID-19 pandemic pose a dilemma. One might argue that such a crisis is a time for people to sacrifice their legal rights for the common good and submit to heavy restrictions on one’s liberties, surrendering individual liberties to a benevolent, though powerful, state. On the other hand, for every situation in history where an emergency has required people to accept such restrictions, there are many more situations in which an unscrupulous government has used a pretend emergency, or a real but exaggerated one, as an excuse to arrogate to himself sweeping arbitrary powers and refuse to let …
Pragmatism In The Pandemic: The Protection Of Commercial Tenants In Singapore, Edward Ti
Pragmatism In The Pandemic: The Protection Of Commercial Tenants In Singapore, Edward Ti
Research Collection Yong Pung How School Of Law
The COVID-19 epidemic has not spared any country, not least a densely populated country like Singapore. The government has been working tirelessly developing new policies and laws to mitigate the human and economic devastation brought on by the virus. The COVID-19 (Temporary Measures) Act 2020 (COTMA) is intended to tackle some of the negative effects brought about by COVID-19. With an initial application period of 6 months which can be amended at the Minister’s discretion, the COTMA covers a wide range of issues. Summarily, the COTMA provides for public health controls necessary to manage the health crisis, increases bankruptcy and …
Covid‐19 As A Frustrating Event Under Singapore Contract Law, Yihan Goh
Covid‐19 As A Frustrating Event Under Singapore Contract Law, Yihan Goh
Research Collection Yong Pung How School Of Law
COVID-19 has had an unprecedented impact on commercial arrangements around the world. This would appear to fit the textbook definition of a frustrating event under Singapore contract law. Alternatively, one might expect COVID-19 to be covered by the doctrine of force majeure. This commentary will provide a brief overview of the contractual issues arising from COVID-19.
Rethinking Non-Recognition: The Eu’S Investment Agreement With Taiwan Under The One-China Policy, Pasha L. Hsieh
Rethinking Non-Recognition: The Eu’S Investment Agreement With Taiwan Under The One-China Policy, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article re-examines the theories of recognition and non-recognition in the context of the evolving framework of the European Union (EU)’s trade and investment relations with Taiwan from legal and international relations perspectives. Notwithstanding its one-China policy, the EU has developed a pragmatic approach to engaging Taiwan under bilateral consultations and World Trade Organization negotiations that have built the foundation for the bilateral investment agreement (BIA). The article argues that since the 1980s, the EU has accorded diverse forms of recognition to Taiwan and the BIA will buttress the process. To substantiate the contention, the article systemically explores the political …
Exorcising The Ghost In The Wills Act, Hang Wu Tang
Exorcising The Ghost In The Wills Act, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Ingenious lawyers all over the Commonwealth are dreaming up rigmaroles for the signing of wills amid the pandemic. An English law firm has suggested that the will should be signed at a park bench, with witnesses lurking nearby, ready to rotate around the document. Another option allows for the will to be signed at the person’s doorway while the witnesses stand outside, using the services of a well-trained pet to deliver the signed will to the witnesses. Singapore has passed many sensible temporary measures in response to COVID-19 disruption, including marrying couples remotely so that the newly-weds, witnesses and solemniser …
“In Case Of Emergency, Break Contract”? The Case For A Unified Regime For Changed Circumstances In Singapore Contract Law, Nicholas Liu
“In Case Of Emergency, Break Contract”? The Case For A Unified Regime For Changed Circumstances In Singapore Contract Law, Nicholas Liu
Research Collection Yong Pung How School Of Law
It has been accurately observed that the incremental nature of the common law’s development makes it inherently unsuited to dealing with unprecedented crises.208 This is particularly true of what I shall refer to (for convenience) as the law of changed circumstances, which in the common law regime comprises the doctrine of frustration and the operation of force majeure clauses, but could potentially encompass other doctrines and issues as well.209 I suggest that in this area, the flaws of the common law run deeper and broader than its inability to respond quickly to unprecedented crises. Rather, from a lay user’s point …
Defeating The Scourge Of Terrorism: How Soft Law Instruments In Singapore Can Develop Societal Trust And Promote Cooperative Norms, Tan K. B. Eugene
Defeating The Scourge Of Terrorism: How Soft Law Instruments In Singapore Can Develop Societal Trust And Promote Cooperative Norms, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The maintenance of a ‘moderate, mainstream’ Muslim community as a bulwark against the fraying of harmonious ethnic relations has become a key governance concern in multiracial, multi-religious societies post9/11. In light of the global concern, and often paranoia, with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a “conflict of civilisation” between the Muslim world and the modern world. Singapore has taken a broad-based community approach in advancing interreligious tolerance, including a subtle initiative to include the putative Muslim civil society in advancing …
General Principle, Adeline Chong
General Principle, Adeline Chong
Research Collection Yong Pung How School Of Law
This is the first Principle in the set of Asian Principles. It sets out the proposition that a foreign judgment in a commercial matter is generally entitled to recognition and enforcement. The chapter explores the extent to which this Principle is adopted in the countries under study. It also considers the modes through which a foreign judgment is given effect, the theoretical bases for recognising and enforcing a foreign judgment and suggests a way forward in view of different approaches on this issue.
Shareholders’ Rights And Corporate Meetings Post Covid‐19, Christopher Chao-Hung Chen
Shareholders’ Rights And Corporate Meetings Post Covid‐19, Christopher Chao-Hung Chen
Research Collection Yong Pung How School Of Law
This short paper reflects on corporate governance and shareholders’ rights during and following the COVID-19 pandemic. The lockdown has affected the way companies’ organs operate. It is unfortunate that the pandemic took place around the critical time of year when most companies hold annual shareholders’ meetings (or general meetings). How, then, can shareholders exercise their rights? How can the board of directors and senior management function during the lockdown period? Technology naturally provides a solution, similar to online teaching and working from home. However, do virtual and remote meetings serve the purpose of having those meetings? Even when we get …
Covid‐19 Crisis And Its Impact On Trustees And Beneficiaries, Man Yip
Covid‐19 Crisis And Its Impact On Trustees And Beneficiaries, Man Yip
Research Collection Yong Pung How School Of Law
The COVID-19 pandemic has been described by Prime Minister Lee Hsien Loong as the “crisis of our generation”. We have to swiftly adjust to a new “normal” characterised by safety measures, travel restrictions, economic downturn and uncertainties in the days ahead. What is the new “normal” for trustees and beneficiaries? How should they respond to the legal and practical uncertainties in these challenging times? This commentary discusses two categories of uncertainties for trustees and beneficiaries: (1) uncertainty relating to trust investments; and (2) uncertainty relating to day-to-day administration.
Massive Covid‐19 Infections In Foreign Workers Dormitories: The Dog That Did Not Bark In Singapore’S Fight Against The Covid‐19 Pandemic, Eugene K. B. Tan
Massive Covid‐19 Infections In Foreign Workers Dormitories: The Dog That Did Not Bark In Singapore’S Fight Against The Covid‐19 Pandemic, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
In the ongoing battle to combat the massive COVID-19 infections in the foreign workers’ dormitories, the focus and dominant narrative, unsurprisingly, has been on overcoming the clear and present public health issues there. The imperative is to safeguard the wellbeing and interests of the foreign workers who reside there (and including those who have been moved out), which is also fundamentally about protecting the rest of the community.
Trading Through A Pandemic: The Singaporean Experience, Henry Gao, Dhiraj G. Chainani, Siu Farn Chew
Trading Through A Pandemic: The Singaporean Experience, Henry Gao, Dhiraj G. Chainani, Siu Farn Chew
Research Collection Yong Pung How School Of Law
Being a small country with one of the highest trade-to-GDP ratios in the world, Singapore faced seemingly insurmountable challenges at the onset of the Coronavirus disease 2019 (COVID-19) pandemic. As countries around the world scrambled to fight the pandemic, they imposed restrictions on exports and imports, suspended international transportation of both goods and people, and invoked emergency power and exceptions to justify their actions. All these presented unprecedented challenges to Singapore, a country which relies on international trade not only for its prosperity but also for survival. This article discusses how Singapore tries to meet these challenges through various initiatives …
Singapore’S Proposed Approach To Tackling Missing Trader Fraud, Vincent Ooi
Singapore’S Proposed Approach To Tackling Missing Trader Fraud, Vincent Ooi
Research Collection Yong Pung How School Of Law
In the Draft Goods and Services Tax (Amendment) Bill 2020 (the “Draft Bill”), Singapore proposes a new framework to deal with the problem of MTF. The approach is neatly summarised by a document released by the Singapore Ministry of Finance: “Annex: Proposed Changes to the Goods and Services Tax Act”, of which one point is of particular interest. The document states that the proposed legislative amendments will “allow the Comptroller of GST to deny a GST-registered business’ input GST claim, if the business knew or should have known that his purchase was part of or connected with a fraudulent arrangement. …
Selective Reshaping: China's Paradigm Shift In International Economic Governance, Heng Wang
Selective Reshaping: China's Paradigm Shift In International Economic Governance, Heng Wang
Research Collection Yong Pung How School Of Law
In contrast with the selective adaptation approach toward external norms seen in its accession to the World Trade Organization, China increasingly plays a proactive role on the international stage, with the Belt and Road Initiative at the center of these activities. How can we understand this new approach by China toward international economic governance? What is responsible for China's shifting approach, and what are the implications of this shift? The paper presents selective reshaping as a new theoretical framework, and argues that China is shifting toward the selective reshaping of institutions and rules within the global economic order. Within this …
Urban Warfare: Emerging Geopolitical Conundrum, Bert Chapman
Urban Warfare: Emerging Geopolitical Conundrum, Bert Chapman
Libraries Faculty and Staff Presentations
Urban warfare is as old as human history. It is becoming increasingly important in international political and military planning due to increasing global urbanization and the presence of megacities (urban areas with populations exceeding 10 million) in many global regions and being in areas of recent and potential military conflict. 2018 World Bank data notes that approximately 56% of the world's population lives in urban areas which is up from 34% in 1960. Many of these megacities, including New York City, Los Angeles, Sao Paulo, Mumbai, Shanghai, and Manila are adjacent to oceanic waters and vulnerable to trade and supply …
A Matter Of Interpretation? Understanding And Applying Mediation Standards For The Cross-Border Enforcement Of Mediated Settlement Agreements, Dorcas Quek Anderson
A Matter Of Interpretation? Understanding And Applying Mediation Standards For The Cross-Border Enforcement Of Mediated Settlement Agreements, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This article focuses on the future role to be played by mediation standards in view of the signing of the Singapore Convention on Mediation. It argues that the convention has elevated the standing of mediation standards from soft regulatory codes to quasi-legal grounds impacting the enforcement of mediated settlements. However, the inherently generalized nature of mediation standards does not render them amenable to contextualized interpretation. More significantly, the courts may adopt the wrong frame when construing mediation standards. It is therefore imperative that the mediation community find ways to bridge frames and facilitate the cross-border understanding of standards.