|481. ||DECEMBER 2002 Issue|
|Partnerships for the 21st Century? 8211; Limited Liability and Partnership Law Reform in the United Kingdom|
Morse, Geoffrey  Sing JLS 455 (Dec)
The introduction of the limited liability partnership (LLP) into UK law has taken place against the backdrop of two fundamental law reform projects-one on company law which is currently being considered by the Government and one on partnerships and limited partnerships which is being conducted by the Law Commissions of England and Wales and Scotland-but oddly without reference to or by either. This article considers the unusual gestation process and resulting legal regulation and structure of the LLP against this background of law reform. It also considers whether the LLP will be used and/or is useable-in particular as a vehicle for obtaining immunity for members of the professions from direct or vicarious liability for negligent misstatements; whether the internal structure will be suitable for small businesses; and whether an appropriate creditor/member balance has been achieved. The article then considers some aspects of partnership law reform generally, welcoming the proposals for legal personality, continuity of association and simplification of the definition of a partnership. It suggests revisions to the proposals on contemplated partnerships, the effects of a repudiatory breach on a partnership agreement and the interaction of potentially conflicting fiduciary duties if legal personality is introduced. Finally it suggests a new approach to the law on the liability of innocent partners for the accessory liability of one partner incurred in connection with the firm's activities.
|482. ||DECEMBER 2002 Issue|
|Foreign Law in Japanese Courts 8211; A Comparison with the English Approach: Idealism versus Pragmatism|
Takahashi, Koji  Sing JLS 489 (Dec)
The dichotomy of idealism versus pragmatism pervades the contrast between the Japanese and English approaches to conflict of laws but its manifestation is at its starkest in the treatment of foreign law. When choice-of-law rules indicate the application of a foreign law, its treatment gives rise to various issues. While the Japanese approach is geared to the equal treatment of the domestic and foreign laws, the English approach is very much informed by the need to promote speedy and efficient proceedings. Both idealism and pragmatism are positive attributes and the best balance should be sought between the two for each issue involved.
|483. ||DECEMBER 2002 Issue|
|The Independence of the Criminal Justice System in Singapore|
Hor, Michael  Sing JLS 497 (Dec)
Judicial and legal institutions in Asia, in general and Singapore, in particular, have come under criticism on the ground that they are not independent from the government of the day. This article explores the problems involved in assessing the value of such a critique: the open-endedness of the idea of independence itself (which in real life is a matter of degree), empirical difficulties in demonstrating that these institutions have indeed succumbed to improper government pressure, and the need to distinguish between institutional independence (as determined by constitutional agreements) and actual independence (as demonstrated by the decisions made in particular cases).
|484. ||DECEMBER 2002 Issue|
|Consumer Dilemmas: The Right to Know, Safety, Ethics and Policy of Genetically Modified Food|
Oriola, Taiwo A  Sing JLS 514 (Dec)
The recent rejection by the drought-stricken Southern African countries of genetically modified ("GM") food donated by the United States mainly on safety grounds and the divergent scientific views on the propriety of their objection, have rekindled the debates on public health implications of GM food consumption and cast shadows on agricultural biotechnology's prospects. This paper examines the disparate scientific views on GM food safety, the place of consumer's choice, legal, and ethical issues in GM food governance in the context of Singapore, which relies entirely on food imports.
|485. ||DECEMBER 2002 Issue|
|Australian Influences on the Insider Trading Laws in Singapore|
Chiu, Hse Yu  Sing JLS 574 (Dec)
The insider trading laws in Singapore have been revamped with the passing of the Securities and Futures Act 2001, a comprehensive legislation dealing with the regulation of securities and futures markets in Singapore. Our new insider trading provisions have been largely modelled after the equivalent provisions in the Australian Corporations Act 2001. This paper seeks to discuss the background for the reforms to insider trading law in Singapore and will argue that these reforms have come about because of an earlier adoption of Australian legislation on securities regulation in the area of initial public offers, entailing a continuity and coherence in the policy rationale for the securities laws in Singapore. This paper will also discuss the Australian origins of the new Singapore provisions and examine comparatively our Singapore provisions with their Australian precedents. I will discuss how the Australian origins may affect the interpretation of these provisions in Singapore. I will also point out a significant difference between our legislation and our Australian precedent, namely, that we have retained a specific provision on connected persons as insiders and have shifted the onus of proof to connected persons to deny that there was insider trading upon the satisfaction of the existence of certain factors.
|486. ||DECEMBER 2002 Issue|
|Punishment as Response to Harm: Why the Attempt Warrants Lesser Punishment Than the Completed Crime|
Davinia Filza Abdul Aziz  Sing JLS 604 (Dec)
In this article, the author sets out the case for punishing a person who unsuccessfully attempts the commission of a criminal act to a lesser extent than one who actually completes the same act. A common objection to such a position is that one who attempts should not escape equal punishment on a mere quirk of fate, for it is this, in essence, that separates the attempter from the perpetrator of the completed crime. This objection is misconceived. The rationale behind laying down a lesser punishment for attempts lies not in surrendering what is really a normative judgment to the vagaries of luck, but in the fundamental reality that harmful consequences-which only manifest upon completion of a crime-form a basic part of the societal response and reaction mechanism that is our criminal justice system.
|487. ||DECEMBER 2002 Issue|
|Undue Influence: When and How it Matters to Banks and Solicitors Royal Bank of Scotland v Etridge|
Ho, Lusina  Sing JLS 617 (Dec)
|488. ||DECEMBER 2002 Issue|
|Compound Interest and Gain-Based Damages Bank of America Canada v Clarica Trust Co|
Neyers, Jason W  Sing JLS 631 (Dec)
|489. ||DECEMBER 2002 Issue|
|Harassment and Intentional Tort of Negligence Malcomson Nicholas Huge Bertram & Anor v Naresh Kumar Metha|
Tan, Keng Feng  Sing JLS 642 (Dec)
|490. ||DECEMBER 2002 Issue|
|Book Review: Cohabitants and the Law by Anne Barlow (3rd Edition)|
Ong, Debbie  Sing JLS 651 (Dec)