|431. ||DECEMBER 2004 Issue|
|Book Review: MacGillivray on Insurance Law (10th ed.) (edited by Nicholas Leigh-Jones Q.C., John Birds and David Owen)|
Lee, Kiat Seng  Sing JLS 599 (Dec)
|432. ||JULY 2004 Issue|
|Revitalising the Penal Code with a General Part|
Yeo, Stanley  Sing JLS 1 (Jul)
The Penal Code has served Singapore well for more than a century but it has become antiquated and is in need of major repair. A General Part is required to enable the criminal law to become precise, comprehensible, democratically-made and accessible-the hallmarks of a good Penal Code. The paper concludes by outlining a strategy for implementation and a call for the government to fully support this much-needed exercise.
|433. ||JULY 2004 Issue|
|Destruction of Evidence Prior to the Commencement of Civil Proceedings: How is a Court to Respond?|
Pinsler, Jeffrey  Sing JLS 20 (Jul)
The Singapore courts have yet to consider the situation in which documents relevant to legal action have been destroyed prior to its commencement to the detriment of the party who would otherwise have relied upon them. Recently the Australian courts have approached the issue by limiting the range of sanctions which a civil court might ordinarily impose (for breach of disclosure obligations) in circumstances which give rise to the common law offences of criminal contempt or "attempting to pervert the course of justice". These developments and the statutory and case-law position in Singapore will be examined with a view to suggesting how the courts here should respond to the pre-action destruction of evidence.
|434. ||JULY 2004 Issue|
|The Lease for Life and the Requirement of Certainty|
Crown, Barry C.  Sing JLS 37 (Jul)
This article explores the relationship between the lease for life and the requirement of certainty of duration which applies to leases. It has been suggested that as a result of this requirement, a least for life cannot validly be granted. This article seeks to demonstrate that this proposition is incorrect, and that the lease for life is a variant form of the recognised freehold life estate. As such it is not subject to the requirement of certainty.
|435. ||JULY 2004 Issue|
|A Nullity Exception in Letter of Credit Transactions?|
Neo, Dora S. S.  Sing JLS 46 (Jul)
There has been a difference in opinion between the courts in Singapore and the United Kingdom as to whether there is a nullity exception to the autonomy principle in letter of credit transactions. This article analyses the applicable principles and judicial decisions. It assesses whether the law should include a nullity exception over and above the fraud exception, and the circumstances under which such an exception might apply. The formulation of the nullity exception by the Court of Appeal in Singapore as well as possible future developments are also considered.
|436. ||JULY 2004 Issue|
|Contemporary Issues in Australian Family Law: Do We Need a More Unified and Interventionist Judicial Model?|
Hocking, Barbara Ann and Guy, Scott  Sing JLS 76 (Jul)
Recent decisions of the Family Court of Australian reflect concern over the adversarial nature of the legal process. The processes and procedures of the judicial system militate against a detailed examination of the issues and rights of the parties in dispute. The limitations of the family law framework are particularly demonstrated in disputes over the custody of children where the Court has tended to neglect the rights and interests of the primary carer. An alternative "unified family court" framework will be examined in which the Court pursues a more active and interventionist approach in the determination of family law disputes.
|437. ||JULY 2004 Issue|
|An Assessment of Malaysia's Response to the IMF During the Asian Economic Crisis|
Buckley, Ross P. and Fitzgerald, Sarala M.  Sing JLS 96 (Jul)
Malaysia was the only country severely affected by the 1997 Asian economic crisis that declined to adopt an IMF program. This article assesses this decision in terms of principle, and of the outcomes of the unorthodox policies Malaysia implemented. It concludes that Malaysia recovered at least as quickly as any country that implemented IMF policies and gained a number of significant advantages by charting its own course out of the crisis. Saying no to the IMF was right for Malaysia.
|438. ||JULY 2004 Issue|
|Race, Multi-Cultural Accommodation and the Constitutions of Singapore and Malaysia|
Lim, C. L.  Sing JLS 117 (Jul)
propose to question Dr. Ramraj's recent argument in this Journal that September 11th has "exposed the increase in ethnic tensions in Singapore and Malaysia", and that there have been "divisive social consequences" for these two countries. I question his prescription that "for Singapore...policies and legislation based on race should be abolished" and that the "same may be said of Malaysia". Finally, I question his argument that legal and policy assistance in respect of any group can only be made in a politically neutral way, and that traditional group traits should be held hostage to individual moral choice. Dr. Ramraj prizes individual moral self-authorship in a way which dismisses the need to achieve substantive justice for the various communities in Singapore and Malaysia, and which ignores the terms and histories of the constitutions of these two nations. His arguments, even if not colour-blind, proceed from a version of constitutional colour-blindness, and ignore the needs of identity and multi-culturalism in these two nations.
|439. ||JULY 2004 Issue|
|Canada's New Anti-Terrorism Law|
Roach, Kent  Sing JLS 122 (Jul)
The author examines Canada's new Anti-terrorism Act enacted in response to the terrorist attacks of September 11, 2001. The first part assesses whether the existing criminal law was adequate to deal with the threat of terrorism. The second part examines the crucial definitions of terrorist activities and terrorist groups that have been added to Canadian criminal law and whether these definitions satisfy constitutional requirements of legality, specificity, the presumption of innocence and respect for freedom of expression and association. The third part outlines the many new criminal offences of financing and facilitating terrorism that have been added to Canada's Criminal Code, as well as the increased punishment available for terrorism offences. The final part examines the enhanced investigative powers for terrorism and whether they will be used in a manner that involves discriminatory profiling that targets people because of their religion or race.
|440. ||JULY 2004 Issue|
|Regulatory Challenges in the Development of a Global Securities Market-Harmonisation of Mandatory Disclosure Rules|
Teo, Guan Siew  Sing JLS 173 (Jul)
Globalisation of the world's securities markets requires an appropriate legal and regulatory response. Territorial oriented regulatory systems must be replaced by a regular regime which provides the necessary legal infrastructure to support the development of a truly global securities market. Focussing on mandatory disclosure rules, this paper contends that harmonisation of regulatory standards at an international level is imperative, and in so doing identifies the pitfalls with the regulatory competition theory. International harmonisation of securities regulation has already gathered momentum, and this welcome development will also be considered. Finally, the difficulties inherent in the process of harmonisation will be recognised together with suggestions as to how to overcome them.