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Articles 331 - 360 of 1176
Full-Text Articles in Asian Studies
Philanthropic Structuring: The Asian Context, Hang Wu Tang, Man Yip, Vincent Ooi
Philanthropic Structuring: The Asian Context, Hang Wu Tang, Man Yip, Vincent Ooi
Research Collection Yong Pung How School Of Law
Asian philanthropy has tremendous potential for growth. Even as the population of ultra-rich individuals in Asia continues to expand, studies indicate that Asian philanthropists have the capacity to give a lot more. The key to tapping into the massive potential for Asian giving and catalysing sustainable and impactful philanthropy in Asia, is to understand the Asian way of giving and embrace strategic institutional and industry innovation.Our paper proposes three strategic directions to expand access to philanthropy: encouraging giving beyond one’s home and religious causes; encouraging everyone to give regardless of the size of the gift; and encouraging formal giving.Strong support …
Singapore Property Tax Law As It Stands: The Rebus Sic Stantibus Principle And The Statutory Formula, Vincent Ooi
Singapore Property Tax Law As It Stands: The Rebus Sic Stantibus Principle And The Statutory Formula, Vincent Ooi
Research Collection Yong Pung How School Of Law
The Singapore jurisprudence appears to have adopted the proposition that the rebus sic stantibus principle is to be disapplied where section 2(3) of the Singapore Property Tax Act (“PTA”) (the “Statutory Formula”) is applied. This article argues that this proposition perhaps ought to be stated more precisely. The principle is only disapplied where section 2(3)(b) is applied because it would run contrary to the statutory fiction imposed by section 2(3)(b) that the land is to be valued as if it were vacant land. There should be no disapplication of the principle where section 2(3)(a) is applied due to the absence …
14th Parliament Has Weighty Duty Steering Singapore Into Post-Covid-19 Future, Tan K. B. Eugene
14th Parliament Has Weighty Duty Steering Singapore Into Post-Covid-19 Future, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In more ways than one, the five-year term of Singapore’s 14th Parliament has been and will be defined even before it begins. How this institution of the people’s representatives leads the nation amid the raging Covid-19 global pandemic and positions Singapore for the post-Covid world matters immensely.
Ge2020: No Wipeout But Another Breakthrough For The Workers’ Party, Tan K. B. Eugene
Ge2020: No Wipeout But Another Breakthrough For The Workers’ Party, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan examined how the 2020 general election results show both the putative importance and the relative impotence of opposition politics in Singapore.
Tort Law, Amirthalingam Kumaralingam, Gary Kok Yew Chan
Tort Law, Amirthalingam Kumaralingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
This review examines the ten most significant decisions in tort law for 2020. It was an interesting year for the range of significant decisions in tort law handed down by the courts on matters including limitation period, medical negligence, the scope of duty in negligence, breach of confidence, conspiracy, and defamation.
Family Law, Wei Jing Tricia Ho, Siyuan Chen
Family Law, Wei Jing Tricia Ho, Siyuan Chen
Research Collection Yong Pung How School Of Law
Two salient trends emerge from the decisions issued by the Singapore courts in 2019. First, cases with international elements are featured increasingly, with the Court of Appeal adjudicating its first case on financial relief consequential on foreign divorces and the High Court releasing a decision on sham marriages to obtain an immigration advantage. It is evident that the law is evolving to cater to the needs of a changing community in Singapore. There is a recognition of the increase in the number of Singapore citizens working abroad and marrying non-Singaporeans, which has prompted certain legislative changes that seek to provide …
Jurisdiction In Relation To Hostile Trust Litigation, Adeline Chong
Jurisdiction In Relation To Hostile Trust Litigation, Adeline Chong
Research Collection Yong Pung How School Of Law
No abstract provided.
Soft Launch Of The Asian Principles For The Recognition And Enforcement Of Foreign Judgments, Adeline Chong
Soft Launch Of The Asian Principles For The Recognition And Enforcement Of Foreign Judgments, Adeline Chong
Research Collection Yong Pung How School Of Law
In January 2018, we reported on the Recognition and Enforcement of Foreign Judgments in Asia, a publication by the Asian Business Law Institute (ABLI).
Ge2020 Commentary: Assessing The Voters’ Message To Pap (And Other Parties), Tan K. B. Eugene
Ge2020 Commentary: Assessing The Voters’ Message To Pap (And Other Parties), Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Despite the “crisis of a generation”, the 2020 general election results point to a considered flight from the status quo, rather than a flight to safety. Singaporean voters, through their 2.54 million ballots cast, sent a nuanced message to all political parties and election candidates. It was a renewed, urgent expression of a vote for change, more so than in the 2011 election.
What The New Cabinet Line-Up Says About Leadership Continuity And Renewal, Tan K. B. Eugene
What The New Cabinet Line-Up Says About Leadership Continuity And Renewal, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed three features that stood out in the new Cabinet line-up after the July 10 General Election, and explained what this says about leadership continuity and renewal.
Busting Myths And Dispelling Doubts About Covid-19, Mark Findlay
Busting Myths And Dispelling Doubts About Covid-19, Mark Findlay
Research Collection Yong Pung How School Of Law
The Centre for AI and Data Governance (CAIDG) at Singapore Management University (SMU) has embarked over past months on a programme of research designed to confront concerns about the pandemic and its control. Our interest is primarily directed to the ways in which AI-assisted technologies and mass data sharing have become a feature of pandemic control strategies. We want to know what impact these developments are having on community confidence and health safety. In developing this work, we have come across many myths that need busting.
Legal Constraint In Emergencies: Reflections On Carl Schmitt, The Covid-19 Pandemic And Singapore | Symposium On Covid-19 & Public Law, Wei Yao, Kenny Chng
Legal Constraint In Emergencies: Reflections On Carl Schmitt, The Covid-19 Pandemic And Singapore | Symposium On Covid-19 & Public Law, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
The controversial legal theorist Carl Schmitt’s challenge to the possibility of meaningful legal constraint on executive power in emergencies could not be more relevant in a world struggling to deal with Covid-19. Scrambling against time, governments around the world have declared states of emergency and exercised a swathe of broad executive powers in an effort to manage this highly infectious disease. In times like these, if Schmitt is indeed right that emergencies cannot be governed by law, we are on the cusp of (or perhaps have already entered) a post-law world – where the business of government is characterised by …
The Anti-Avoidance Response To Professionals Incorporating Companies In Singapore, Vincent Ooi
The Anti-Avoidance Response To Professionals Incorporating Companies In Singapore, Vincent Ooi
Research Collection Yong Pung How School Of Law
The issue of whether the incorporating of companies by professionals in Singapore constitutes tax avoidance has attracted considerable attention. The recent case of GCL v. CIT provides some guidance in this area. It reaffirms the general two-part test in CIT v. AQQ, requiring one to first apply the objective predication principle before moving on to consider the subjective bona fides commercial reason exception. It establishes that the mere fact that a professional incorporated a company through which to practise would not be sufficient to constitute tax avoidance, since such an arrangement is common and widely used, with established commercial benefits. …
The Evolving Concept Of Access To Justice In Singapore’S Mediation Movement, Dorcas Quek Anderson
The Evolving Concept Of Access To Justice In Singapore’S Mediation Movement, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This article examines the key societal developments underpinning the growth of mediation in Singapore with the view to analysing the evolving conceptualisation of justice within mediation. The introduction of mediation corresponded with a shift from adversarial justice to an indigenous form of conciliatory justice, in which a respected mediator played an advisor role to the disputants and was trusted to ensure the fairness of the process. However, this trajectory was tempered by the need to ensure that Singapore mediation practice conformed with international practices concerning the protection of parties’ autonomy. The ambivalence concerning the mediator’s role has resulted in uncertainty …
International Mediation And Covid-19: The New Normal?, Nadja Alexander
International Mediation And Covid-19: The New Normal?, Nadja Alexander
Research Collection Yong Pung How School Of Law
What is the SIMC COVID-19 Protocol? The Singapore International Mediation Centre (SIMC) has just launched the SIMC COVID-19 Protocol to provide businesses with an expedited, economical and effective route to resolve any international commercial disputes during the COVID-19 pandemic period. SIMC’s Covid-19 protocol is a great example of a leading mediation service provider reaching out to a market severely disrupted by Covid-19. The option for Singaporean and international parties to mediate online means for a highly accessible, time and cost effective path to resolve disputes that have emerged in the wake of Covid-19.
Ethics, Ai, Mass Data And Pandemic Challenges: Responsible Data Use And Infrastructure Application For Surveillance And Pre-Emptive Tracing Post-Crisis, Mark Findlay, Jia Yuan Loke, Nydia Remolina Leon, Yum Yin, Benjamin (Tan Renyan) Tham
Ethics, Ai, Mass Data And Pandemic Challenges: Responsible Data Use And Infrastructure Application For Surveillance And Pre-Emptive Tracing Post-Crisis, Mark Findlay, Jia Yuan Loke, Nydia Remolina Leon, Yum Yin, Benjamin (Tan Renyan) Tham
Research Collection Yong Pung How School Of Law
As the COVID-19 health pandemic rages governments and private companies across the globe are utilising AI-assisted surveillance, reporting, mapping and tracing technologies with the intention of slowing the spread of the virus. These technologies have the capacity to amass personal data and share for community control and citizen safety motivations that empower state agencies and inveigle citizen co-operation which could only be imagined outside such times of real and present danger. While not cavilling with the short-term necessity for these technologies and the data they control, process and share in the health regulation mission, this paper argues that this infrastructure …
Singapore’S Puzzling Embrace Of Shareholder Stewardship: A Successful Secret, Dan W. Puchniak, Samantha S. Tang
Singapore’S Puzzling Embrace Of Shareholder Stewardship: A Successful Secret, Dan W. Puchniak, Samantha S. Tang
Research Collection Yong Pung How School Of Law
In the wake of the 2008 Global Financial Crisis, the UK created the first stewardship code which was designed to transform its rationally passive institutional investors into actively engaged shareholders. In the UK corporate governance context, this idea made sense. Institutional investors collectively own a sizable majority of the shares in most of the UK’s listed companies. In turn, if the UK stewardship code could incentivize them to effectively monitor management – to act as “good shareholder stewards” – the managerial short-termism and excessive risk-taking, which were identified as contributors to the GFC, could be avoided.The UK’s idea to adopt …
The Development Of Singapore Law: A Bicentennial Retrospective, Andrew Phang, Yihan Goh, Jerrold Soh
The Development Of Singapore Law: A Bicentennial Retrospective, Andrew Phang, Yihan Goh, Jerrold Soh
Research Collection Yong Pung How School Of Law
The present article reviews (in broad brushstrokes) the status of Singapore law during its bicentennial year. It is not only about origins but also about growth – in particular, the autochthonous or indigenous growth of the Singapore legal system (particularly since the independence of Singapore as a nation state on 9 August 1965). The analysis of this growth is divided into quantitative as well as qualitative parts. In particular, the former constitutes an empirical analysis which attempts – for the very first time − to tell the development of Singapore law through numbers, building on emerging techniques in data visualisation …
Singapore Case Law Series: Dispute Resolution Clauses In Msas, Nadja Alexander, Shou Yu Chong
Singapore Case Law Series: Dispute Resolution Clauses In Msas, Nadja Alexander, Shou Yu Chong
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the Singapore Court of Appeal case of Retrospect Investment (S) Pte Ltd v Lateral Solutions Pte Ltd [2020] SGCA regarding questions on dispute resolution clauses in a mediated settlement agreement (MSA) is analysed.
Diversity Of Shareholder Stewardship In Asia: Faux Convergence, Gen Goto, Alan K. Koh, Dan W. Puchniak
Diversity Of Shareholder Stewardship In Asia: Faux Convergence, Gen Goto, Alan K. Koh, Dan W. Puchniak
Research Collection Yong Pung How School Of Law
Since the UK adopted the world's first stewardship code in 2010, stewardship codes have proliferated across Asia. Given the UK Code's prominence, it is tempting to assume that every other stewardship code performs the same function as the UK Code. This assumption belies the truth: all these codes--regardless of whether they have in fact drawn inspiration from the UK Code--have taken different trajectories due to each adopting its jurisdiction's distinctive institutional and legal context.Using empirical evidence and in-depth case studies of stewardship in Japan and Singapore, this Article reveals how any reception of United Kingdom-style stewardship concepts is only skin …
Restructuring And Forgiveness In Financial Crises B: The Asian Crisis Of 1997, June Rhee, Andrew Metrick
Restructuring And Forgiveness In Financial Crises B: The Asian Crisis Of 1997, June Rhee, Andrew Metrick
Journal of Financial Crises
Asia’s economy, Thailand in particular, was booming when the financial crises hit in the 1990s. However, troubles were brewing underneath the seemingly buoyant economy. With a fragile financial system and ineffective domestic government responses to these troubles, an exchange rate crisis took over Thailand, and this crisis started a financial contagion in the neighboring countries. This case reviews the background and domestic government responses to contain the crisis, and the international intervention provided by the International Monetary Fund including the assistance and the required reforms accompanying the support.
Global Guide: Measures Adopted To Support Businesses Through The Covid-19 Crisis: Singapore, Aurelio Gurrea-Martinez
Global Guide: Measures Adopted To Support Businesses Through The Covid-19 Crisis: Singapore, Aurelio Gurrea-Martinez
Research Collection Yong Pung How School Of Law
After the outbreak of the coronavirus (COVID-19), the Singapore Government responded with a quick and comprehensive package of legal, economic and financial measures that sought to put the economy into hibernation and avoid the destruction of jobs and viable businesses, at least while companies were unable to generate revenues and cash-flows due to a variety of factors, including travel restrictions and lockdowns imposed in many countries around the world. To that end, the Government spent SGD$97.3 billion (that is, around 20% of the country’s GDP) to support businesses, households and employees. Most of this financial support was given in the …
Time For Singapore To Address Some Uncomfortable Questions On Its Migrant Workers, Tan K. B. Eugene
Time For Singapore To Address Some Uncomfortable Questions On Its Migrant Workers, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed the need for Singapore to address some uncomfortable questions on migrant workers and to safeguard their wellbeing and interests as well as to protect the rest of the community. He opined that even as we attend to the first order of business to suppress the many Covid-19 clusters in the dormitories, there are broader questions for our society to address based on an honest and thorough appraisal. Assoc Prof Tan believes that a failure to do so might result in us merely tackling the symptoms, and not the causes, …
Equal Treatment Of Shareholders Under The Dual Class Share Structure: Recent Updates Of The Takeover Code In Singapore, Chuanman You
Equal Treatment Of Shareholders Under The Dual Class Share Structure: Recent Updates Of The Takeover Code In Singapore, Chuanman You
Research Collection Yong Pung How School Of Law
On 24 January 2019, a revised Singapore Code on Take-overs and Mergers (the Take-overs Code) was promulgated by the Monetary Authority of Singapore (MAS) on the advice of the Securities Industry Council (the SIC). The revisions are to ensure that takeover practices targeting at companies with the dual class share (DCS) structures are conducted in compliance with the principle of equal treatment of all shareholders. The key amendments are two-fold: (a) expanding the application of mandatory offer and its dispensation to target companies with the DCS structures. (b) clarifying the fair pricing norms for multiple classes of equity share capital …
North Korean Refugees Along The Route To Freedom: Challenges Of Geopolitics, Deborah Da Sol Jeong
North Korean Refugees Along The Route To Freedom: Challenges Of Geopolitics, Deborah Da Sol Jeong
Independent Study Project (ISP) Collection
This Independent Study Project conducts an analysis of the North Korean Refugee Crisis by following the refugees along their escape route from the North Korean regime. By following a common escape route that includes China, Laos, Thailand, and finally, South Korea, this study unpacks the geopolitical factors and diplomatic relations that hinder and improve the progress of these refugees. Afterward, this study analyzes the resettlement process that North Korean refugees undergo in South Korea and the challenges that remain even after gaining South Korean citizenship. Finally, this project concludes by suggesting that the international community actively endeavor to establish a …
Early Polls Make Sense In A Worsening Pandemic, Tan K. B. Eugene
Early Polls Make Sense In A Worsening Pandemic, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan opined there is no good time for a general election amid the global pandemic, and it is a judgment call on when to hold Singapore's 13th general election, which must take place by April next year at the latest. He believes early polls make sense in a worsening pandemic if the Government ensures that even as candidates campaign, there is no let-up in the fight against the outbreak.
Asian Ip Law: An Area Of Rising Importance, Kung-Chung Liu, Shufeng Zheng
Asian Ip Law: An Area Of Rising Importance, Kung-Chung Liu, Shufeng Zheng
Research Collection Yong Pung How School Of Law
Intellectual property (IP) laws are an important instrument for promoting cooperation and peace in Asia. In their own ways, Japan, Korea, Taiwan, Hong Kong, Singapore, China and India all serve as IP success stories. Structural features of the IP landscape in major Asian jurisdictions include the following: technocrat-driven IP law, national IP strategies and specialized IP or patent judges. In addition, there are five distinctively Asian developments worth noticing: the sweeping criminalization of copyright infringement, an explosion in the number of registered trademarks, the very limited use of compulsory patent licensing and the convergence on certain standards for the licensing …
The Doctrine Of Wilful Blindness In Drug Offences: Adili Chibuike Ejike V Public Prosecutor [2019] 2 Slr 254, Rennie Whang
The Doctrine Of Wilful Blindness In Drug Offences: Adili Chibuike Ejike V Public Prosecutor [2019] 2 Slr 254, Rennie Whang
Research Collection Yong Pung How School Of Law
In Adili Chibuike Ejike v Public Prosecutor [2019] 2 SLR 254, the Court of Appeal clarified the operation of the wilful blindness doctrine in the context of knowing possession for drug offences. In particular, it affirmed wilful blindness as a doctrine of substantive rather than evidential law, which applies as a limited extension to the legal requirement of actual knowledge. The court then articulated a three-part test for the finding of wilful blindness in relation to knowledge as an ingredient of possession. However, it left open the content of the doctrine as applied to the element of knowledge in drug …
With The Release Of Electoral Boundaries Report, All Eyes Now On Political Parties’ Next Moves, Tan K. B. Eugene
With The Release Of Electoral Boundaries Report, All Eyes Now On Political Parties’ Next Moves, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed the implications of the Electoral Boundaries Review Committee (EBRC) report and what it means for the political parties and Singapore politics in general. He expects the election to be held sooner rather than later with the ERBC report's release, and there will be little time for parties, especially the opposition, to prepare.
Singapore Case Note: Settlement Agreement Invoked As Shield, Nadja Alexander, Shou Yu Chong
Singapore Case Note: Settlement Agreement Invoked As Shield, Nadja Alexander, Shou Yu Chong
Research Collection Yong Pung How School Of Law
The Singapore Convention on Mediation makes clear that international mediated settlement agreements (iMSAs) may be used as a sword or invoked as a shield in judicial or arbitral proceedings (defence). In the post-Singapore Convention world, lawyers are looking closely at the extent to which courts may recognise settlement agreements, especially mediated settlement agreements, as a shield or a defence to arbitral or litigation proceedings.