Asian Studies Commons^™

Linking Trade And Security: Evolving Institutions And Strategies In Asia, Europe, And The United States By Vinod K. Aggarwal And Kristi Govella, Henry S. Gao

Research Collection Yong Pung How School Of Law

Trade and security, while seemingly unrelated, have had a long and complicated relationship. On the one hand, trade has often been used as a means to enhance the security of the state. For example, the famous Silk Road was created and maintained by the Han Dynasty to seek allies to help defend itself against the Huns. On the other hand, security has been deemed as an important safeguard to trade, as is shown by the prevalence of the ‘Gunboat Diplomacy’ in the nineteenth century

Setting Up A Non-Profit Trust Company: The Special Needs Trust Company In Singapore, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Persons with special needs are in an extremely vulnerable position where they are potentially subject to financial abuse by criminals or other untrustworthy people. In Singapore, this concern has led to the setting up of a non-profit company called the Special Needs Trust Company (SNTC). This article traces the formation of SNTC, the infrastructure and legal documentation required for setting up such a non-profit company and how the special needs trust is currently used in Singapore. The Singapore experience may provide a useful starting point to policy makers and non-governmental organisations from other jurisdictions which may be looking into the …

Troublesome Women And The Nanny State: Drawing Boundaries And Legislating Bifurcated Belonging In Patriarchal Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

Singapore was and remains an immigrant society. The immigration of newcitizens and temporary workers has become the primary means by which thepopulation is replenished and right-sized for its economic and demographicrequirements. More than one in three persons (or 38.6 percent) living inSingapore are foreigners (non-citizens, including permanent residents) in2013.[2] Of the 3.45 million working population in Singapore, about 38 percent(or about 1,296,800 persons are foreigners.[3] The vast majority of theseforeigners are transient workers (migrant workers) on short-term work permits.Of these, about 211,000—all women—are employed as domestic help (or ‘maids’ inlocal parlance) as of June 2013.

The Protection From Harassment Act 2014: Legislative Comment, Yihan Goh, Man Yip

Research Collection Yong Pung How School Of Law

The Protection from Harassment Act 2014 (“Act”) was passed by Parliament on 13 March 2014 following its Second Reading. The Act is a culmination of a concerted ministerial effort to bring about legislative change to the laws governing harassment. Bringing together the background to the Act, its general structure and its specific provisions, this article aims to add to the undoubted long list of commentaries on the Act and, it is hoped, contribute to the understanding and enforcement of the Act.

U.S. - Asean Organized Crime Cooperation As Part Of Washington's Rebalancing Policy Toward The Asia-Pacific, Tuan Anh Luc

Graduate Program in International Studies Theses & Dissertations

This research addresses the reasons why the United States of America (U.S.) has been involving in the effort of the Association of Southeast Asian Nations (ASEAN) to combat transnational organized crime. The author argues that Washington has been doing so because: first, it wants to prevent and suppress negative influences of Southeast Asian organized crime and protect national interests; second, it wants to increase regional capabilities, sometimes at the Association's request, and narrow differences so as to effectively deal with transnational organized crime; and third, it wants to justify its presence in the region and pave the way …

Overview Of The Impending Changes In The Family Justice Landscape, Siyuan Chen

Research Collection Yong Pung How School Of Law

Singapore’s family justice landscape is set to witness a sea-change when the key features of the new Family Justice Act, as well as recommendations from the Committee for Family Justice (chaired by the Senior Minister of State for Law and Education, Justice VK Rajah, and Justice Andrew Phang), materialise in the months ahead.

Challenges In The Enforcement Of Animal Protection Laws In Singapore, Alvin W. L. See

Research Collection Yong Pung How School Of Law

Singapore has fairly powerful animal protection laws. In practice, however, these laws are only powerful to the extent that they are actually enforced. In Singapore, the low number of prosecutions for animal cruelty is a cause for serious concern. While there can be a myriad of reasons for this phenomenon, this paper argues that one primary cause is the insufficient understanding of what amounts, or may amount, to cruelty at law. This results in an unsound enforcement policy which reduces the protection afforded to animals. By highlighting this problem, this paper hopes to draw attention to the importance of the …

Mediated Postnuptial Agreements And Ancillary Matters, Siyuan Chen

Research Collection Yong Pung How School Of Law

When the parties in a divorce have, with the benefit of legal counsel, gone through mediation and negotiated an agreement to settle the ancillary issues of maintenance and the division of matrimonial assets, is there any reason for the court to exercise its statutorily conferred discretion to ignore such an agreement or should it seek to uphold it despite objections from one of the parties? Whereas the High Court in this case declined to follow all of the terms in the agreement on the ground that some of them were not just and equitable, the Court of Appeal held that …

An Overview Of The Impending Changes In The Family Justice Landscape, Siyuan Chen

Research Collection Yong Pung How School Of Law

Singapore’s family justice landscape is set to witness a sea-change when the key features of the new Family Justice Act, as well as recommendations from the Committee for Family Justice (chaired by the Senior Minister of State for Law and Education, Justice VK Rajah, and Justice Andrew Phang), materialise in the months ahead.

Restitution Of Mistaken Enrichment Under Section 73 Of Malaysia's Contracts Act 1950: Pouring New Wine Into An Old Bottle?, Alvin W. L. See

Research Collection Yong Pung How School Of Law

This article makes two main suggestions regarding the interpretation of s 73 of Malaysia's Contracts Act 1950, which sets out the right to recover a mistaken enrichment. The first suggestion is that the courts should have regard to the historical background against which the section was enacted, especially because the pre-enactment common law was a historical curiosity. This will dispel certain misconceptions about the nature of the statutory right by shedding light on its supposed affinity with contract and its relationship with the obsolete forms of action and the principle of unjust enrichment. The second suggestion is that the content …

Singapore's New Discretionary Death Penalty For Drug Couriers: Public Prosecutor V Chum Tat Suan, Siyuan Chen

Research Collection Yong Pung How School Of Law

The article offers information on the history, evolution and significance of the new discretionary death penalty legislation for drug couriers in Singapore under the application of the Misuse of Drugs Act (MDA). It discusses the judicial decision of the Singaporean High Court in the case of Public Prosecutor v. Chum Tat Suan in which the Court convicted the accused with chareges of importing of more than 94.96g of diamorphine into Singapore that was punishable under section 33 of the MDA.

Recognising Lost Chances In Tort Law, Jeremy Shi Wei Liang, Kee Yang Low

Research Collection Yong Pung How School Of Law

This paper proposes the way forward in dealing with the unsatisfactory case law involving loss of chance in negligence, particularly medical negligence. It seeks to show that the current approach in England and in Singapore of applying traditional causation rules is arbitrary and inadequate, and fails to meet a deserving loss of chance claim. The authors seek to examine whether loss of chance is better understood as a theory of injury instead of a theory of causation. Inspecting major common law jurisdictions and the key controversies in reconciling the case law, it will be advanced that the best method (in …

Public Health Regulation: Convergence, Divergence, And Regulatory Tension: An Asian Perspective, Locknie Hsu

Research Collection Yong Pung How School Of Law

Regulatory issues relating to public health, including regulation of access to medicines and tobacco control have increasingly been the source of tension in recent trade and investment negotiations, treaties and disputes. The ongoing Trans-Pacific Partnership negotiations, which include a number of developing Asian states, are an example that brings some of these issues to the fore and show a divergence of negotiating views.

The intersection between public health regulation and trade and investment treaties has given some Asian states significant pause for thought; it has further led the international system to a critical need to confront the overlap of legal …

Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

Teo Wei Hsin Lawrence (Zhang Weixin), Tin Yan Ying Geraldine (Cheng Yanying Geraldine) v Management Corporation Strata Title Plan No 1525 [2014] SGDC 350 involved a suit by the owners of a condominium unit (the plaintiffs) against the management corporation of the development (the defendant). Three months after purchasing the unit, the plaintiffs undertook renovation works which were completed after about five months. Prior to moving in, the plaintiffs discovered mould on the interior walls and on their new cabinets located at the rear end of the unit. As the unit was in the corner of the development, the outside …

The Influences Of The American Boxer Indemnity Reparations Remissions On Chinese Higher Education, Xiaojuan Zhou

Department of Educational Administration: Dissertations, Theses, and Student Research

The purpose of this study was to consider the influences of the American Boxer Indemnity Reparations Remissions (ABIRR) on Chinese higher education. These remissions were used to establish two universities, to establish the American Boxer Indemnity Scholarship Program (ABISP) to support Chinese students’ studying in America, and to support other higher education- related projects.

This study focused on higher education considering ABISP as an individual case. The ABISP students were selected from all the students who studied in America in the corresponding period in part because of the inconsistencies of research before 1949.

Through tracking 1,152 ABISP students of Type …

The Singapore Do Not Call Register And The Text And Fax Exemption Order, Warren B. Chik

Research Collection Yong Pung How School Of Law

The introduction of a text and fax exemption to the general “opt out” effect of the Do Not Call Registry have led to a debate over the effectiveness of the Registry in filtering out unwanted communication to telephone users. This article provides the background for the Registry and the reasons for the backlash as well as for the exemption. It will explain why the exemption is consistent with the existing policy towards, and legal treatment of text-based messages, but nevertheless question whether the distinction between voice and text-based messages is justified given the overall objective of the Personal Data Protection …

The Responsibilities Of Lawyers For Their Clients Misstatements And Omissions To The Securities Market In Singapore, Wai Yee Wan

Research Collection Yong Pung How School Of Law

This article examines the extent to which lawyers advising on the disclosure documents of their clients issued to the securities markets should be responsible for their clients’ disclosure failures. It identifies the following problems with the current framework. First, there is a lack of objective due diligence standards which lawyers are expected to meet when they are advising on public disclosure documents. Second, except for takeovers, lawyers are not subject to public enforcement actions even if they have not acted with due care and diligence in ensuring that their clients comply with their disclosure obligations. Third, private enforcement actions against …

Protecting The Living Victims: Evaluating The Impact Of India's Farmer Suicide Crisis On Its Rural Women, Gowri Janakiramanan

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Streamlining Procedures For Judicial Review: Legislative Amendments To The Singapore Rules Of Court To Enhance Access To Justice, Denise Huiwen Wong

Research Collection Yong Pung How School Of Law

Judicial review cannot serve as an effective check on administrative action unless aggrieved applicants have a real way to access the courts to obtain relief. In an admirable, albeit belated move, significant amendments were made to the Singapore Rules of Court to remove the procedural strictures inherited from the pre-1977 UK system. The amendments allow an applicant to seek a declaration in addition to the traditional prerogative orders and recover damages within the same proceedings if the applicant can prove that he/she would have had a valid claim in a private law action. This article examines the mischief that the …

Judicial Inactivitism In Protecting Financial Consumer Against Predatory Sale Of Retail Structured Products: A Reflection From Retail Structured Notes Lawsuits In Taiwan, Chao-Hung Chen

Research Collection Yong Pung How School Of Law

This article analyzes 310 structured note lawsuits in Taiwan between 2000 and 2013 to examine courts’ attitude in dealing with claims of misselling retail structured notes. We find that courts were generally not favorable to retail investors. This provides a contrast with the financial regulator’s efforts to improve financial consumer protection since 2008. By examining plaintiffs’ key arguments and courts’ rulings, we find that it was difficult for investors to fulfill their burden of proof and courts were reluctant to award remedies when investors did sign on a contractual document confirming his knowledge on a few matters. While regulators are …

Counterblast: Escaping The Gallows Singapore Style, Mark Findlay

Research Collection Yong Pung How School Of Law

The four‐year long struggle by Yong Vui Kong to challenge his mandatory death sentence reveals how life and death decisions can turn on legal niceties. For instance, on 20 November 2009, the President of the Republic of Singapore turned down Yong's plea for clemency and this news was conveyed to the prisoner's brother by his then lawyer three days later. Along with this sad information, he was told that his brother would be hung on 4 December 2009. Yong's brother then engaged the respected human rights advocate, M. Ravi, who was granted an interview with the prisoner two days prior …

Deutsche Bank V Chang: A Dramatic Reversal By The Court Of Appeal, Kee Yang Low

Research Collection Yong Pung How School Of Law

The 2012 High Court decision awarding scientist Chang Tse Wen US$49m for losses from investing in accumulators through Deutsche Bank has been overturned by the Court of Appeal. This article seeks to aid readers in understanding the CA decision and in appreciating the legal implications.

Milestones For Animal Welfare: Public Prosecutor V. Ling Chung Yee Roy, Alvin W. L. See

Research Collection Yong Pung How School Of Law

Animal law is a little-known subject in Singapore. However, the increase in public awareness and concern about animal welfare issues demand that more attention is directed at the legal aspects of such issues. An opportunity to examine this area of the law arose in the case of Ling Chung Yee Roy. The District Court, presided by District Judge Ng Peng Hong, had to decide whether the accused was guilty of an animal cruelty offence under s. 42(1)(e) of the Animals and Birds Act. The majority of animal cruelty complaints were against pet owners, of which a significant number concerned the …

Redressing The Patent Imbalance In Genetic Testing, Cheng Lim Saw

Research Collection Yong Pung How School Of Law

In one of the most highly anticipated decisions emanating from the apex Court in the US in recent times, the US Supreme Court in Association for Molecular Pathology v Myriad Genetics Inc was asked to consider, in the main, the patentability of a naturally occurring gene sequence which had been specifically isolated from the human genome. Although the patent was eventually denied, this seminal case will certainly not be the last word on what is clearly a very controversial subject, at least outside of the US.

Civil Case Management In Singapore: Of Models, Measures And Justice, Chee Hock Foo, Eunice Chua, Louis Ng

Research Collection Yong Pung How School Of Law

The goals of all ASEAN member states are to “accelerate economic growth, social progress and cultural development” and “promote peace and stability” in the region. To achieve these goals, the public will need to trust and respect the Judiciary. Such trust and respect can be lost if there are inefficient practices that result in delay in the courts. The Singapore Judiciary is presently lauded for “its efficiency, its technological sophistication, its accessibility and the confidence of Singapore’s citizens and businesses in the system.” The World Economic Forum has also ranked Singapore first (out of 142 countries) in recognition of Singapore’s …

Agency And Partnership Law [2013], Pearlie M. C. Koh, Stephen Noel Henry Bull

Research Collection Yong Pung How School Of Law

The laws relating to the creation of an agency, implied authority, holding out and apparent authority, duties of the agent in relation to Agency law are discussed. The laws relating to partnership law and issues such as relationship of partners to third parties, relationships of partners between themselves and capacity to be a partner are highlighted.

An Institutional Alchemy: India’S Two Parliaments In Comparative Perspective, Shubhankar Dam

Research Collection Yong Pung How School Of Law

India has a parliamentary system. But articled in India’s Constitution is a provision that authorizes the President to occasionally enact legislation without involving Parliament. Such presidential legislation are called ordinances, not Acts; and rather than enact, the President promulgates them. Textually, ordinances are bounded by several ‘controls’. They are limited to circumstances when at least one House of Parliament is not in session, and the President is satisfied that the circumstances are such that immediate action is necessary. And without such formal parliamentary approval after a specified duration, they cease to exist. But after sixty years of constitutional practice these …

Further Clarification From The High Court On The Limits To The Constitutional Right To Counsel: James Raj S/O Arokiasamy V Pp [2014] Sghc 10, Siyuan Chen, Kenneth Tan

Research Collection Yong Pung How School Of Law

Article 9(3) of the Constitution1 states that “Where a person is arrested, he … shall be allowed to consult and be defended by a legal practitioner of his choice.” However, art 9(3) does not stipulate the point in time at which an arrested person is entitled to consult counsel. The local jurisprudence over the past few decades have affirmed the interpretation that an arrested person is not entitled to access counsel immediately upon arrest, but only after a reasonable amount of time has elapsed. The High Court in James Raj s/o Arokiasamy v Public Prosecutor (“James Raj”) has now shed …

Measuring The Transplantation Of English Commercial Law In A Small Jurisdiction: An Empirical Study Of Singapore’S Insurance Judgments Between 1965 And 2012, Christopher Chen

Research Collection Yong Pung How School Of Law

This article seeks to measure the development of law after transplanting common law and statutes from another country by conducting an empirical study of the citation of precedents and demography of disputes of insurance cases in Singapore. This article recognizes that there are justifications for Singapore to transplant English insurance law. However, this research shows that the transplantation of English commercial law into a small jurisdiction, even within the common law family, may cause the law to be in a static state if courts do not have enough cases to maintain the development of law or to consider new development …

Redefining Relevancy And Exclusionary Discretion In Sir James Fitzjames Stephen’S Indian Evidence Act Of 1872: The Singapore Experiment And Lessons For Other Indian Evidence Act Jurisdictions, Siyuan Chen

Research Collection Yong Pung How School Of Law

In many jurisdictions, the rules of evidence can often be instrumental in determining the outcome of a dispute. But to what extent can evidence law be controlled by codification, or is it better to leave its regulation and development to the judges via common law? In an attempt to bridge the gap between the rules of an antiquated evidence statute and the modern realities of practice, Singapore’s Evidence Act was amended in 2012. Certain relevancy provisions were amended to allow greater admissibility of evidence, while new provisions were introduced to act as a check against abuse. However, it will be …