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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 Oct 2020

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 …

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Rural Land Dispossession In China And India, Joel Andreas, Sunila Kale, Michael Levien, Forrest Q. Zhang Oct 2020

Rural Land Dispossession In China And India, Joel Andreas, Sunila Kale, Michael Levien, Forrest Q. Zhang

Research Collection School of Social Sciences

The twelve articles in this special issue feature the work of scholars studying the dispossession of rural land in China and India. Each offers new insights about the extent and patterns of dispossession, the complex dynamics driving it, the consequences for farmers, as well as the factors shaping resistance or compliance. Although each article treats developments within one country, the collection helps uncover features common to rural land dispossession in China and India, and illuminates differences that shape the processes of dispossession in each country. Comparison of the two countries helps us to not only understand the future implications of …

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Equity And Trusts, Hang Wu Tang, Yong Seng Tay Oct 2020

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.

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Tax Considerations For Funds Structuring In Asia, Vincent Ooi Oct 2020

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 …

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Introduction, Stephanie Burridge Oct 2020

Introduction, Stephanie Burridge

Research Collection School of Social Sciences

This eclectic monograph investigates corporealities across diverse arts practices – dance, music, fashion, visual and performance art. The six chapters resulted from a multidisciplinary seminar series at LASALLE College of the Arts, a tertiary arts institution in Singapore – the unifying themes were the body, embodied performativity and multidisciplinarity. This research series on what initially appear to be disparate titles was curated to facilitate dialogues about the notion of the body as central to all creative practice, with an objective to enable and enhance inter-disciplinary relationships and pedagogy.

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Customer Satisfaction Index Of Singapore 2020: Q2 Results, Institute Of Service Excellence, Smu Sep 2020

Customer Satisfaction Index Of Singapore 2020: Q2 Results, Institute Of Service Excellence, Smu

Research Collection Institute of Service Excellence (2007-2024)

The Customer Satisfaction Index of Singapore (CSISG) computes customer satisfaction scores at the national, sector, sub-sector, and company levels. The CSISG serves as a quantitative benchmark of the quality of goods and services produced by the Singapore economy over time and across countries. This is the CSISG’s 14th year of measurement.

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Tax Implications Of Covid-19 In Singapore, Vincent Ooi Sep 2020

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 …

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Despite Eld’S Lengthy Statement On Ge2020, Some Key Questions Remain Unanswered, Tan K. B. Eugene Sep 2020

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.

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Universal Minimum Wage Is Not Suitable For Singapore, Zhengxiao Wu Sep 2020

Universal Minimum Wage Is Not Suitable For Singapore, Zhengxiao Wu

Research Collection School Of Economics

In a commentary, SMU Senior Lecturer of Statistics Wu Zhengxiao examined the concept of a universal minimum wage, and discussed how it is not suitable for Singapore.

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The Tainting Doctrine In Singapore Conflict Of Laws, Rennie Whang Sep 2020

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 …

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The Importance Of Innovation And Entrepreneurship In China’S Social Transformation, Guo Jun Shen Sep 2020

The Importance Of Innovation And Entrepreneurship In China’S Social Transformation, Guo Jun Shen

Dissertations and Theses Collection (Open Access)

As world’s second largest economy, China has seen tremendous changes since its 1978 “open door and reform” policy. Different reformations in form of policies were planned and rolled out to release the potential of productivity. At the same time, social development also seen a huge progress. How the reformation been transformed to social development and in what degree? This is the question was answered in this dissertation. I studied four major reformations covering: State owned Enterprises (SoE), land, financial liberalization, and science and technology, and their impacts on the social development. At macro level, I identified mediation effects of entrepreneurship …

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Hearing Essential And Urgent Court Matters During The Covid-19 Pandemic, Kwan Ho Lau, Daryl Xu Sep 2020

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.

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Private Liability For Public Health, Jerrold Soh Sep 2020

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 …

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Constitutional Literacy In Times Of Crisis, Maartje De Visser Sep 2020

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. …

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Impossible Attempts And The Punishment Of Intent: Han Fang Guan V Public Prosecutor, Wing Cheong Chan Sep 2020

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.

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12 September 2020: The Singapore Convention On Mediation Comes Into Force, Nadja Alexander, Shou Yu Chong Sep 2020

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.

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General Principle, Adeline Chong Sep 2020

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.

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Shareholders’ Rights And Corporate Meetings Post Covid‐19, Christopher Chao-Hung Chen Sep 2020

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 …

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Covid‐19 Crisis And Its Impact On Trustees And Beneficiaries, Man Yip Sep 2020

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.

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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 Sep 2020

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.

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Trading Through A Pandemic: The Singaporean Experience, Henry Gao, Dhiraj G. Chainani, Siu Farn Chew Sep 2020

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 …

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Singapore’S Proposed Approach To Tackling Missing Trader Fraud, Vincent Ooi Sep 2020

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. …

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Singapore’S Covid-19 General Election: Political Breakthrough Amid A Generational Crisis?, Eugene K. B. Tan Sep 2020

Singapore’S Covid-19 General Election: Political Breakthrough Amid A Generational Crisis?, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

In the 13th general election since independence, the ruling People’s Action Party (PAP) – which has governed Singapore since 1959 – won 83 out of 93 seats, with a popular vote share of 61.24%, its third lowest on record. The Workers’ Party (WP) won 10 seats, including an unprecedented two multi-member electoral constituencies, cementing its standing as the leading opposition party. Not only did this outcome fall short of the strong mandate the PAP had sought, it was arguably its worst electoral performance since independence as the PAP’s control of elected seats dipped below 90% for the first time. In …

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Selective Reshaping: China's Paradigm Shift In International Economic Governance, Heng Wang Sep 2020

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 …

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Gdp Growth Incentives And Earnings Management: Evidence From China, Xia Chen, Qiang Cheng, Ying Hao, Qiang Liu Sep 2020

Gdp Growth Incentives And Earnings Management: Evidence From China, Xia Chen, Qiang Cheng, Ying Hao, Qiang Liu

Research Collection School Of Accountancy

Using data from China, we examine whether and how the incentive to boost GDP growth at the government level affects earnings management at the firm level. We find that firms in provinces with GDP growth lower than the national level or the average of the adjacent provinces are more likely to engage in earnings management than firms in other provinces. Specifically, they are more likely to inflate revenues, overproduce, and delay asset impairment losses. The aggregate earnings management induced by GDP growth incentives accounts for about 0.5% of GDP. The results are stronger for local state-owned enterprises, in provinces with …

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When Do Host Country Nationals Help Expatriates? The Roles Of Identification With The Multinational Enterprise And Career Development Support By The Subsidiary, Sachiko Yamao, Toru Yoshikawa, Soo Min Toh, Daijeong Choi Sep 2020

When Do Host Country Nationals Help Expatriates? The Roles Of Identification With The Multinational Enterprise And Career Development Support By The Subsidiary, Sachiko Yamao, Toru Yoshikawa, Soo Min Toh, Daijeong Choi

Research Collection Lee Kong Chian School Of Business

One of the concerns of host country nationals (HCNs) who work alongside expatriates in subsidiaries of multinational enterprises (MNEs) is their career prospects in the organization. This study advances the literature of expatriate management in MNEs by spotlighting the roles of the HCNs’ identification with the MNE and career development support received by the HCNs as key factors affecting the HCNs’ decisions to provide help to expatriates. According to the data collected in four countries (Australia, China, India, and Singapore), the HCNs’ identification with the MNE and their perceived subsidiary support for career development are positively related to their extra-role …

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Forging Alternatively Sacred Spaces In Singapore's Integrated Religious Marketplace, Orlando Woods Sep 2020

Forging Alternatively Sacred Spaces In Singapore's Integrated Religious Marketplace, Orlando Woods

Research Collection School of Social Sciences

This paper expands the notion of sacred space within the geographies of religion by arguing that spaces of religious praxis need to be understood in relation to the broader spatial logics within which they are embedded. Given that the spatial logics of urban environments tend to be secular and neoliberal in nature, it considers how religious groups respond to the realities of the marketplaces in which they operate by forging “alternatively sacred” spaces. These spaces augment the appeal of religious groups in non-religious ways, thus making them more competitive players in a religious marketplace. Specifically, it explores how independent churches …

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Spending Impact Of Covid-19 Stimulus Payments: Evidence From Card Transaction Data In South Korea, Kim, Kanghyock Koh, Wonjun Lyou Sep 2020

Spending Impact Of Covid-19 Stimulus Payments: Evidence From Card Transaction Data In South Korea, Kim, Kanghyock Koh, Wonjun Lyou

Research Collection School Of Economics

Various countries have implemented transfer programs to individuals since the Covid-19 outbreaks. However, the extent to which such transfers alleviate economic recessions is unclear. This paper analyzes a South Korean program, which provided vouchers redeemable only at small local businesses. We find that, due to the program, over 30% of households across all income groups increased their food and overall household spending, but the usage restriction may have affected consumer choice, distorting business competition. While the employment and sales of small businesses improved, the program’s fiscal sustainability is in question because of the large tax exemption.

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Opening The Door To Fickle-Minded Guilty Pleas? Public Prosecutor V Dinesh S/O Rajantheran, Teng Jun Gerome Goh Sep 2020

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 …

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A New Chinese Economic Law Order?, Greg Shaffer, Henry S. Gao Sep 2020

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), …

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