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Opening The Door To Fickle-Minded Guilty Pleas? Public Prosecutor V Dinesh S/O Rajantheran, Teng Jun Gerome GOH 2020 Singapore Management University

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 …


The Importance Of Innovation And Entrepreneurship In China’S Social Transformation, Guo Jun SHEN 2020 Singapore Management University

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 …


Universal Minimum Wage Is Not Suitable For Singapore, Zhengxiao WU 2020 Singapore Management University

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.


Spending Impact Of Covid-19 Stimulus Payments: Evidence From Card Transaction Data In South Korea, KIM, Kanghyock KOH, Wonjun LYOU 2020 Singapore Management University

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.


Covid‐19 Crisis And Its Impact On Trustees And Beneficiaries, Man YIP 2020 Singapore Management University, School of Law

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.


The Ideals Of Law In A Health Crisis: Singapore’S Legislative Responses To Covid‐19, Benjamin Joshua ONG 2020 Singapore Management University

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 …


Hearing Essential And Urgent Court Matters During The Covid-19 Pandemic, Kwan Ho LAU, Daryl XU 2020 Singapore Management University

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.


“In Case Of Emergency, Break Contract”? The Case For A Unified Regime For Changed Circumstances In Singapore Contract Law, Nicholas LIU 2020 Singapore Management University

“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 …


The Tainting Doctrine In Singapore Conflict Of Laws, Rennie WHANG 2020 Singapore Management University

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 …


Japan-Singapore Joint Mediation Protocol Announced, Nadja ALEXANDER 2020 Singapore Management University

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.


12 September 2020: The Singapore Convention On Mediation Comes Into Force, Nadja ALEXANDER, Shou Yu CHONG 2020 Singapore Management University

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.


Despite Eld’S Lengthy Statement On Ge2020, Some Key Questions Remain Unanswered, Tan K. B. EUGENE 2020 Singapore Management University

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.


A New Chinese Economic Law Order?, Greg SHAFFER, Henry S. GAO 2020 University of California, Irvine

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), …


Selective Reshaping: China's Paradigm Shift In International Economic Governance, Heng WANG 2020 Singapore Management University

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 …


Defeating The Scourge Of Terrorism: How Soft Law Instruments In Singapore Can Develop Societal Trust And Promote Cooperative Norms, Tan K. B. EUGENE 2020 Singapore Management University

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 2020 Singapore Management University

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.


Tax Implications Of Covid-19 In Singapore, Vincent OOI 2020 Singapore Management University

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 …


Rethinking Non-Recognition: The Eu’S Investment Agreement With Taiwan Under The One-China Policy, Pasha L. HSIEH 2020 Singapore Management University

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 …


Shareholders’ Rights And Corporate Meetings Post Covid‐19, Christopher Chao-hung CHEN 2020 Singapore Management University

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 …


Exorcising The Ghost In The Wills Act, Hang Wu TANG 2020 Singapore Management University

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 …


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