The 2012 Amendments To Singapore's Evidence Act: More Questions Than Answers As Regards Expert Opionion Evidence?,
2013
Singapore Management University
The 2012 Amendments To Singapore's Evidence Act: More Questions Than Answers As Regards Expert Opionion Evidence?, Siyuan Chen
Research Collection Yong Pung How School Of Law
Singapore amended the expert opinion evidence provisions in its Evidence Act (EA) in 2012. The criteria for admissibility have been broadened, but the courts are now also expressly given the discretion to exclude relevant expert opinion evidence if it is ‘in the interests of justice’. This article explains why the 2012 amendments have raised more questions than answered them. First, Parliament did not appear to have properly appreciated the distinction—as conceptualised by the EA—between legal and logical relevance and relevance and admissibility. Second, it did not appear to have appreciated the distinction between general and specific relevance. Third, the introduction …
Decomposing The Changes Of The Divisia Price Index: Application To Inflation In The Philippines,
2013
Singapore Management University
Decomposing The Changes Of The Divisia Price Index: Application To Inflation In The Philippines, Tomoki Fujii
Research Collection School Of Economics
We decompose the logarithmic change in the Divisia price index into the pure price, substitution, and preference effects, although the latter two effects are hard to distinguish in practice. This decomposition allows us to identify the incidence and contributing factors of inflation. In the Philippines, we find that the preference effect is much smaller than the pure price effect in all provinces. We also find that rich deciles have experienced a higher inflation than poor deciles between 1988 and 2006. However, the gap in the standards of living has actually widened because poor deciles lagged behind in consumption growth.
Interim Relief In Aid Of Arbitration Against A Sovereign,
2013
Singapore Management University
Interim Relief In Aid Of Arbitration Against A Sovereign, Darius Chan
Research Collection Yong Pung How School Of Law
In Maldives Airports Co Ltd v GMR Malé International Airport Pte Ltd [2013] SGCA 16, the Singapore Court of Appeal discharged an interim injunction in aid of arbitration granted by the High Court against, inter alios, the Government of the Republic of Maldives. In doing so, the Court of Appeal not only gave helpful guidance on the granting of interim relief under s 12A of the International Arbitration Act, it also touched upon issues of public international law.
How Is Med-Arb Regulated In Hong Kong?,
2013
Singapore Management University
How Is Med-Arb Regulated In Hong Kong?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the Arbitration Ordinance (AO) and the Mediation Ordinance (MO) to the multi-tiered dispute resolution (MDR) practice in Hong Kong are analysed.
Presidential Pardon In Singapore: A Comment On Yong Vui Kong V Ag,
2013
Singapore Management University
Presidential Pardon In Singapore: A Comment On Yong Vui Kong V Ag, Shubhankar Dam
Research Collection Yong Pung How School Of Law
This paper critically analyses the decision of the Singapore Court of Appeal in Yong Vui Kong v Attorney-General in relation to presidential pardon. Two questions were central to the case. First, is the President bound by the decision of the Cabinet in pardon-related matters? Secondly, are decisions regarding pardon—whether made by the Cabinet or President—subject to judicial review? In relation to the first question, the Court based its reasoning on Singapore's political system being a Westminster-inspired model and, therefore, that the President generally undertakes the same functions as the British monarch. However, this paper identifies the unique features of Singapore's …
Is There Confusion In The Law Of Trade Marks In Singapore? Staywell Hospitality Group Pty Ltd V Starwood Hotels & Resorts Worldwide, Inc [2013] 1 Slr 489,
2013
Singapore Management University
Is There Confusion In The Law Of Trade Marks In Singapore? Staywell Hospitality Group Pty Ltd V Starwood Hotels & Resorts Worldwide, Inc [2013] 1 Slr 489, David Llewelyn
Research Collection Yong Pung How School Of Law
The wording of s 8(2)(b) of the Trade Marks Act – which sets out the relative ground for refusal of a trade mark application for a mark that is the same or similar to an earlier mark registered in relation to the same or similar goods or services as long as there is a likelihood of confusion – is identical to that in s 27(2)(b) relating to infringement of a trade mark. The wording is taken from ss 5(2) and 10(2) of the UK Trade Marks Act 1994 (which in turn derives from the European Council Trade Marks Directive). The …
Reassessing Apec's Role As A Trans-Regional Economic Architecture: Legal And Policy Dimensions,
2013
Singapore Management University
Reassessing Apec's Role As A Trans-Regional Economic Architecture: Legal And Policy Dimensions, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article examines the two-decade evolution of the Asia-Pacific Economic Cooperation (APEC) and the future prospects for Asian regionalism. It argues that while APEC retains advantages over competing regional structures, it should undergo reforms to accelerate the Bogor Goals and ensure its complementarity with the World Trade Organization (WTO). The article first analyzes the impact of stake-holding countries’ trade policies on APEC’s structure and development. By assessing APEC’s soft-law mechanism, it explores APEC’s WTO-plus contributions that reinvigorated the International Technology Agreement negotiations and improved supply chain facilitation. APEC’s goal of creating a Free Trade Area of the Asia-Pacific (FTAAP) can …
Prosecutorial Discretion And The Legal Limits In Singapore,
2013
Singapore Management University
Prosecutorial Discretion And The Legal Limits In Singapore, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
Article 35(8) of the Constitution of the Republic of Singapore states that the Attorney-General, as the Public Prosecutor, “shall have the power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for any offence”. This prosecutorial discretion, though extremely wide, is not an unfettered one and must not be exercised in bad faith or in breach of constitutional rights. With respect to the equality provision in the Constitution, the Prosecution has to give unbiased consideration to all potential accused persons and avoid any irrelevant considerations. The article considers whether the presumption of the constitutionality of prosecutorial decisions and …
A Reconsideration Of The Shareholder's Remedy For Oppression In Singapore,
2013
Singapore Management University
A Reconsideration Of The Shareholder's Remedy For Oppression In Singapore, Pearlie Koh
Research Collection Yong Pung How School Of Law
The statutory remedy for oppression plays an important role in minority shareholder protection in Singapore. Both the scope of its application and the court's jurisdiction to make remedial orders must necessarily be wide in order for the remedy to be effective. Nevertheless, the remedy is not without limits. Indeed, it is crucial that the boundaries of the remedy be made clear so that legitimate rule of the majority is not too often, and erroneously, equated with tyranny by the majority. This paper considers a number of issues as to the scope of the oppression remedy in Singapore through a careful …
Faith, Freedom, And Us Foreign Policy: Avoiding The Proverbial Clash Of Civilizations In East And Southeast Asia,
2013
Singapore Management University
Faith, Freedom, And Us Foreign Policy: Avoiding The Proverbial Clash Of Civilizations In East And Southeast Asia, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
In the immediate aftermath of 9/11, the primary weakness of US foreign policy, particularly in Southeast Asia which is home to the largest Muslim community in the world, was that it was driven by concerns over archipelagic Southeast Asia as the “second front” in the “global war against terror.” Military warfare and coercive legislation and enforcement are grossly inadequate in winning the hearts and minds of a community. Religion-wise, Asia is not a tabula rosa. Many religions have long co-existed in Asia. The virtues of religious freedom are not alien to Asia but need nurturing given the dominant imperatives of …
Singapore Food Seriously On My Mind,
2013
Singapore Management University
Singapore Food Seriously On My Mind, Margaret Chan
Research Collection School of Social Sciences
No abstract provided.
Having A Ball In Japan: Larry Rocca Helps Stoke The Rising Interest In Japanese Baseball,
2013
Colby College
Having A Ball In Japan: Larry Rocca Helps Stoke The Rising Interest In Japanese Baseball, Paul Karr
Colby Magazine
Larry Rocca ’90 made the jump just in time. The former baseball beat writer, now in the front office of the Chiba Lotte Marines baseball team in Tokyo, is a catalyst in the historic melding of two baseball cultures
The Last Page: My Baldness, Tibet's Bareness,
2013
Colby College
The Last Page: My Baldness, Tibet's Bareness, Tenzin Dawoe Tsewang
Colby Magazine
Tenzin Dawoe Tsewang ’07 on Tibet’s travails.
Views On China: Colbians Offer Varied Perspectives On One Of The World's Most Fascinating Places, Cultures, Economies, Peoples,
2013
Colby College
Views On China: Colbians Offer Varied Perspectives On One Of The World's Most Fascinating Places, Cultures, Economies, Peoples, Martin Connelly
Colby Magazine
Alumni and students with strong ties to China reflect on that vast nation’s fascinating past and fast-changing present.
Population Priorities And Perceptions,
2013
Singapore Management University
Population Priorities And Perceptions, David Chan
Research Collection School of Social Sciences
No abstract provided.
The Future Of Wages In Singapore,
2013
Singapore Management University
The Future Of Wages In Singapore, Hian Teck Hoon
Research Collection School Of Economics
Prof Hoon discussed the future of wages in Singapore and identified major trends affecting Singapore's labour market over the past decade. He noted that in the future, SMEs that are unable to raise workers' productivity to match the higher labour costs will exit the industry, thus leading to job destruction. Also, for there to be a steady supply of jobs with good pay for Singaporeans, the country would need to continue to attract MNCs by harnessing its relative strength in institutional quality and the availability of a highly skilled workforce. Success in helping SMEs to raise their productivity levels and …
Schemes Work Hand In Hand To Boost Wages,
2013
Singapore Management University
Schemes Work Hand In Hand To Boost Wages, Hian Teck Hoon
Research Collection School Of Economics
Professor Hoon Hian Teck discussed how this year's Budget helps both workers and companies push for higher productivity. The Workfare Income Supplement (WIS) scheme in 2007 provided one answer to boost the earnings of low-wage workers. The Wage Credit Scheme (WCS) introduced in Budget 2013 is another innovative policy instrument that works in tandem with the Productivity and Innovation Credit (PIC) scheme to help SMEs on their journey to becoming more productive. Under WCS, the Government covers 40 per cent of the wage increase from increased productivity (obtained through the PIC scheme), leaving the firm with a higher profit. Since …
The Creation Of A Hybrid Arbitration From A Pathological Arbitration Clause,
2013
Singapore Management University
The Creation Of A Hybrid Arbitration From A Pathological Arbitration Clause, Darius Chan
Research Collection Yong Pung How School Of Law
In HKL Group Co Ltd v Rizq International Holdings Pte Ltd [2013] SGHCR 5, the Singapore High Court was asked to grant a stay of proceedings in favour of arbitration under the International Arbitration Act. One of the two issues in that case was that the arbitration clause suffered a drafting defect.
Why It’S A High-Speed Game Changer,
2013
Singapore Management University
Why It’S A High-Speed Game Changer, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Assistant Professor of Law Eugene Tan said that the agreement to build a high-speed rail (HSR) link between Kuala Lumpur and Singapore marks a milestone in bilateral relations. He noted that the HSR project is a manifestation of the imperative for Singapore and Malaysia to collaborate closely, leveraging on each other’s complementarities and strengths. Ideally, the HSR link would have a knock-on effect in engendering confidence and momentum in bilateral ties. In the meantime, with the HSR in the making, both governments should work resolutely on other existing plans, such as the Rapid Transit System (RTS) link between Singapore …
For Wp, The Challenge Of Great Expectations,
2013
Singapore Management University
For Wp, The Challenge Of Great Expectations, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Assistant Professor of Law Eugene Tan commented on the Workers’ Party’s (WP) rapidly rising political stock and analysed its future. In many ways, the WP has been able to capitalise on the fading lustre of one-party dominance, as well as on a growing demand for a healthy opposition parliamentary presence as an enabler of good governance and to make the Government more responsive. But now, flush with success, the WP has wasted no time in deftly managing growing expectations. Also, WP has to carve out its own brand in politics to win votes in its own right. It needs …
