Asian Studies Commons^™

Trade And Investment Dispute Settlement Mechanisms In Asean: The Evolving Landscape And Major Developments, Locknie Hsu

Research Collection Yong Pung How School Of Law

The ASEAN landscape on trade and investment dispute mechanisms has been changing significantly over the last 15 years. Such changes have come about partly due to preparations for establishment of the ASEAN Economic Community (AEC) in 2015. An example is the coming into force on 29 March 2012 of the landmark ASEAN Comprehensive Investment Agreement (ACIA), a region-wide treaty in which ASEAN member States have committed to a number of significant investment obligations and dispute settlement mechanisms. Other developments have arisen from the signing of trade and investment agreements between ASEAN and its major trade partners, namely, Australia, New Zealand, …

Probing The Law On Probation: Suggestions For Reform, Darius Chan

Research Collection Yong Pung How School Of Law

To any criminal law practitioner, the Court’s power to grant probation as a sentencing option is of significant importance. Probation represents, to their clients, the key out of incarceration.Section 5 of the Probation of Offenders Act (Cap 252, 1985 Rev Ed) (“POA”) sets out the power of the Singapore Courts to grant probation. Section 5 uses three peculiar terms to create three categories of offences, namely:1. Sentences which are “fixed by law”; 2. Sentences carrying “specified minimum sentences”; and 3. Sentences carrying “mandatory minimum sentences”.For the latter two categories of offences, the Court can only grant probation if the offender:1. …

Singapore And International Law, Chin Leng Lim, Mahdev Mohan

Research Collection Yong Pung How School Of Law

Adherence to and observance of international law in Singapore foreign policy is well-known. Affirmation of the demands of international law has been a key feature of various foreign policy statements. This is unsurprising. Small states, in particular, benefit from a rule-based and rule of law-based international order. A trading nation like Singapore, in particular, thrives on a relatively predictable global environment. International legal rules help to foster such an environment.

Equity And Trusts [2014], Hang Wu Tang

Research Collection Yong Pung How School Of Law

No abstract provided.

Discretionary Death Penalty For Convicted Drug Couriers In Singapore: Reflections On High Jurisprudence Thus Far, Siyuan Chen

Research Collection Yong Pung How School Of Law

For decades, drug trafficking was a serious offence in Singapore potentially punishable by mandatory death. In 2012, Singapore’s Misuse of Drugs Act (MDA) was amended to give the courts sentencing discretion if the accused can first prove that he was merely a courier, and to better reflect the moral culpability accorded as between mules and kingpins in the hierarchy of drug syndicates. However, there are some complications in proving this. Not only must the accused show that he was merely a courier, he must also show that he had substantively assisted the authorities in disrupting drugtrafficking activities in Singapore. This …

China’S Law And Practice As A Coastal State For The Prevention Of Vessel-Source Pollution, Nengye Liu

Research Collection Yong Pung How School Of Law

China is a major maritime nation with 18,ooo km of mainland coastline.1 The marine environment is of fundamental importance for China's economic development and environmental protection. According to the National Report on Social and Economic Development, in 2010, China imported 239.31 million tonnes of crude oil and 36.88 million tonnes of refined oil.2 Approximately 95 percent of oil imports are carried by maritime transportation. This creates significant risk of marine pollution such as oil, oily wastes and invasive species from ballast wateL Globally, maritime transport is responsible for 12 percent of total marine pollution.3 The United Nations Convention on the …

Equity And Trusts [2014], Hang Wu Tang

Research Collection Yong Pung How School Of Law

No abstract provided.

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

Research Collection Yong Pung How School Of Law

No abstract provided.

Identifying An Interest In Land Sufficient To Support A Caveat: Salbiah Bte Adnan V Micro Credit Pte Ltd [2014] Sghc 249, Alvin W. L. See

Research Collection Yong Pung How School Of Law

The difficult issue of what constitutes an interest in land sufficient to support a caveat (“caveatable interest”) recently presented itself before the High Court in the case of Salbiah Bte Adnan v Micro Credit Pte Ltd, which concerned a caveat lodged to protect an alleged security interest. The decision deserves the attention of property lawyers for it helpfully addressed various principles of property law relating, directly and indirectly, to the lodgment of caveats.

State-Owned Enterprises In Singapore: Historical Insights Into A Potential Model For Reform, Cheng-Han Tan, Dan W. Puchniak, Umakanth Varottil

Research Collection Yong Pung How School Of Law

This article argues that the Singapore GLC Model is so closely intertwined with Singapore’s idiosyncratic history and unique regulatory culture that, although the model has been extremely successful within Singapore, transplanting it to China could be difficult. The article also explores the extent to which the success of the Singapore GLC Model and China’s ambition to emulate it challenge notions that corporate governance systems are converging towards a market-oriented (American) model of the shareholder centric corporation and the extent to which the success of the Singapore GLC Model challenges the basic conception that private enterprise rather than the state is …

The Regulation Of The Recreational Use Of “Drones” For Aerial Photography And Videography: Comparing Singapore’S Unmanned Aircraft Act With Other Legislation, Siyuan Chen

Research Collection Yong Pung How School Of Law

In the last few years, there has been a dramatic increase in the use of remote-controlled copters or “drones” by recreational users to capture aerial photographs and videos on an unprecedented scale. The convergence of cutting-edge technological developments in gyroscopic gimbals, long-range wireless transmissions, GPS-enabled stabilisation and flightpath-preprogramming, first-person-views, and compact digital imaging has led to the proliferation of these camera-carrying devices that even hobbyists can pilot with reasonable safety. However, there has been a consistent stream of public concern relating to issues of safety, privacy, and disruption of commercial interests. Lost in the paranoid cacophony is a question that …

Opening Of Legal Year 2015: A Year For Pushing Boundaries, Alvin W. L. See, Man Yip

Research Collection Yong Pung How School Of Law

5 January 2015 marked the Opening of the Legal Year 2015. From the speeches made by the Attorney-General, the President of the Law Society, and the Chief Justice, the 50th year of Singapore’s independence is going to be a glorious year of pushing boundaries.

'In The Interests Of Justice' As The New Test To Exclude Relevant Evidence In Singapore: Anb V Anc [2014] Sghc 172; Wan Lai Ting V Kea Kah Kim [2014] Sghc 180, Siyuan Chen

Research Collection Yong Pung How School Of Law

In 2012, Singapore’s venerable Evidence Act (EA), which is based on Stephen’s Indian Evidence Act of 1872, underwent major amendments for only the third time in 120 years. Previously, conflicting case law had created long-standing confusion as to whether the Singapore courts possessed any discretion to exclude evidence even when was found relevant under the EA. The main reason driving this jurisprudential inconsistency was that while the relevancy provisions in the EA were meant to provide exhaustive definitions of admissibility, Stephen’s then-revolutionary ‘inclusionary’ approach to relevance was simply at odds with modern conceptions of relevance and modern litigation practice. Thus, …

China's Ip Protection Minefield: Separating Fact From Fiction, David Llewelyn, Peter J. Williamson

Research Collection Yong Pung How School Of Law

China is the key emerging market for international technology companies. Smart, well-informed IP and business strategies are required if companies are to make the most of what the country has to offer.

Singapore Law Ready To Influence The Development Of Law Elsewhere, Yihan Goh, Paul Tan

Research Collection Yong Pung How School Of Law

Change is here. If this was not evident from the speech of Chief Justice Sundaresh Menon at his welcome ceremony three years ago, it is now. In three short years, Singapore is leading Asia - possibly the world - in the provision of not only legal services but also intellectual capital and resources. The speed of these developments should not be surprising. As Attorney-General V.K. Rajah observed at the Opening of the Legal Year this month, Singapore's law and legal system has come a long way in a short time. The story of the Singapore legal system thus far can …

Equality And Singapore’S First Constitutional Challenges To The Criminalization Of Male Homosexual Conduct, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

In 2013, i Lim Meng Suang and Kenneth Chee Mun-Leon v Attorney-General and Tan Eng Hong v Attorney-General, the High Court of Singapore delivered the first judgments in the jurisdiction considering the constitutionality of section 377A of the Penal Code, which criminalizes acts of gross indecency between two men, whether they occur in public or private. The Court ruled that the provision was not inconsistent with the guarantees of equality before the law and equal protection of the law stated in Article 12(1) of the Constitution of the Republic of Singapore. The result was upheld in 2014 by the Court …

Siemens Industry Software Pte Ltd V Lion Global Offshore Pte Ltd [2014] Sghc 251: Further Issues In Contractual Formation And Duress, Yihan Goh

Research Collection Yong Pung How School Of Law

For a second time in a month, the High Court decision of Siemens Industry Software Pte Ltd v Lion Global Offshore Pte Ltd [2014] SGHC 251 (“Siemens Industry Software”) gives us valuable guidance on the application of trite principles of contractual formation to a practical fact pattern. The case also discussed whether enforcing one’s legal right can ever amount to duress.

Was Singapore Airlines Liable For Business-Class Seats Sold At Economy Rates?, Yihan Goh

Research Collection Yong Pung How School Of Law

Much has been reported about Singapore Airlines (“SIA”) mistakenly charging economy rates for around 900 business-class seats due to a computer input error. Yesterday, SIA said that it would honour those tickets at economy rates, reversing its previous position that it would not, and closing the episode on a note of goodwill. This blog entry explores the legal analysis behind the episode on the assumption that Singapore contract law applies, so as to maintain its general relevance to a Singaporean audience and its specific application to online retailers concerned about making similar pricing errors. Of course, the analysis would differ …

R1 International Pte Ltd V Lonstroff Ag [2014] Sgca 56: Lessons In Contractual Formation, Yihan Goh

Research Collection Yong Pung How School Of Law

The rules relating to contractual formation are easy to state but difficult to apply in the varied circumstances of practice. It is therefore helpful that the recent Court of Appeal decision of R1 International Pte Ltd v Lonstroff AG [2014] SGCA 56 (“R1 International”) provides much guidance in this area of the law.

R1 International concerned whether a set of terms to arbitrate in Singapore, found in a detailed contract note sent by the appellant to the respondent shortly after their deal (“the deal”) was concluded, was incorporated as part of the contract between the parties. The answer …

Rbc Properties Pte Ltd V Defu Furniture Pte Ltd [2014] Sgca 62: Restatement Of Law Relating To Misrepresentation In Singapore, Yihan Goh

Research Collection Yong Pung How School Of Law

The recent Court of Appeal decision of RBC Properties Pte Ltd v Defu Furniture Pte Ltd [2014] SGCA 62 (“RBC Properties”) contains an invaluable restatement of the law relating to misrepresentation in Singapore. This entry aims only to summarise that restatement of law. The interested reader may find the facts of the case succinctly discussed by the Court of Appeal in its judgment here and also in this blog entry on the High Court decision.

Christian Persecution In Pakistan: An Examination Of Life In The Midst Of Violence, Rebecca Seiler

Senior Honors Theses

As a nation founded on religious freedom, it is the duty of the United States to recognize those who stand up for these beliefs across the world in solidarity. International persecution of Christians has dramatically increased due to the spread of radical Islam throughout the world, particularly in South Asia. By means of active, violent persecution as well as more passive forms of aggression, daily life for Pakistani Christians is both challenging and dangerous. While there is no easy solution to this issue, it is essential to continue advocating for those facing persecution and punish the oppressors. The American church …

On The Road To Watershed Hustings, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law and former Nominated Member of Parliament Eugene Tan noted that with just 23 months left in the 12th Parliament's five-year term, the next polls, which will have to be held by Jan 9, 2017, promise to be the watershed general election. He also commented that it will almost certainly be a straight fight between the ruling People's Action Party and the Workers' Party, providing some indication of whether Singapore is evolving from a one-party dominant to a two-party political system.

The Basic Structure Doctrine In Singapore: A Reply, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

While there are important principles fundamental to the Singapore Constitution, they do not form a legally unchangeable “basic structure”. Even if it were possible to identify a substantive “basic structure”, its exact content would be indeterminate and we would be left with only broad, unhelpful truisms. Instead, the true safeguards against potential undesirable constitutional amendments lie in democratic political processes.

Regulating Aerial Photography And Videography Proportionately: Some Thoughts On The Sal Seminar “Droning On About Journalism – Remotely Piloted Aircraft, Newsgathering, And Law”, Siyuan Chen

Research Collection Yong Pung How School Of Law

The concept and practice of aerial photography and videography have been around for some time. But it was only in the last few years that such media production via remote means has achieved mainstream use. The convergence of cutting-edge technological developments in gyroscopic gimbals, far-range wireless transmissions, GPS-enablement in stabilisation, compact devices producing digital image quality and so forth has led to the proliferation of affordable camera-carrying “drones” that even hobbyists can pilot reasonably well with ease. Thus far, there have not been any reports of serious mishaps involving the use of these rotor-propelled copters. However, the controversial appellation inaccurately …

Corporate Claims Against Director For Paying Bribes On Company's Behalf: Ho Kang Peng V Scintronix (Formerly Ttl Holdings), Wai Yee Wan

Research Collection Yong Pung How School Of Law

Can a company recover the value of the bribe from a director who has paid the bribe, on behalf of the company, to a third party to secure certain benefits for the company, and where it is not alleged that the director had personally benefitted from the bribe? This question raises several complex issues relating to directors’ standard of care, corporate authorisation and corporate illegality, which were considered by the recent decision of the Singapore Court of Appeal in Ho Kang Peng v Scintronix Corp (formerly known as TTL Holdings).

Saving Sharks By Nudging Change, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law and an ‘I’m FINished with FINS’ campaign ambassador Eugene Tan welcomed Parliament’s passing of the Animals and Birds (Amendment) Bill. He commented that the Bill, which seeks to enhance the welfare and responsible care of animals, is important as he felt that our treatment of non-human beings, which share the same space we do, speaks equally to what we are as a society as well as our sense of well-being and responsibility to creatures unable to protect themselves. Citing the silent, unfolding phenomenon of the declining popularity of shark’s fin soup in …

China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The South China Sea (SCS) is becoming an increasingly contentious source of geopolitical tension due to its significance as an international trade route, possessor of potentially significant oil and natural gas resources, China’s increasing diplomatic and military assertiveness, and the U.S.’ recent and ongoing Pacific Pivot strategy. Countries as varied as China, Taiwan, the Philippines, Indonesia and other adjacent countries have claims on this region’s islands and natural resources. China has been particularly assertive in asserting its SCS claims by creating a nine-dash line map claiming to give it de facto maritime control over this entire region without regard to …

The Little India Riot: Domestic And International Law Perspectives, Siyuan Chen

Research Collection Yong Pung How School Of Law

A riot involving hundreds of foreign labourers broke out in Little India, Singapore, on 8 December 2013. Only the second riot to occur in more than 40 years in fairly tranquil Singapore, the damage was extensive as rioters destroyed police and emergency vehicles and even injured dozens of police and civil defence personnel. The authorities only needed a few days to complete the investigations and shortly after, some of the alleged rioters were arrested and charged, while some of them were repatriated. The swiftness of the entire process prompted harsh criticism from international and local human rights groups, who claimed …

Simc And Sicc: New Developments In Singapore For The Resolution Of International Commercial Disputes, Eunice Chua

Research Collection Yong Pung How School Of Law

No abstract provided.

Simc And Sicc: New Developments In Singapore For The Resolution Of International Commercial Disputes, Eunice Chua

Research Collection Yong Pung How School Of Law

No abstract provided.