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731.  JULY 1995 Issue
p.56

Recent Developments in Materiality Test of Insurance Contracts
Yeo, Hwee Ying  •  [1995] Sing JLS 56 (Jul)
In insurance law the doctrine of disclosure as expounded by the controversial decision of CTI v Oceanus requires the proposer of an insurance policy to disclose every fact that the underwriter may wish to be aware of during his decision-making process. This has unfortunately been confirmed in the recent House of Lords decision of Pan Atlantic Insurance Company Limited v Pine Top Insurance Company. However, some form of reprieve appears to have been granted since the judgment has also stipulated that it must additionally be shown that the particular insured had been induced before there can be any resort to avoidance.

732.  JULY 1995 Issue
p.75

Cutting the Apron Strings : The Localization of Singapore's Land and Trust Law
Crown, Barry  •  [1995] Sing JLS 75 (Jul)
This article discusses the changes made to Singapore's land and trust law by the Application of English Law Act 1993. The focus is on the effects of the "repeal" of the Second Charter of Justice, which imported English common law and pre-1826 English statutes into Singapore. The first part of the article discusses the provisions of the new Act, which replace the pre-1826 English statutory provisions. The second part discusses cases where English statutory provisions have not been replaced by new local legislation.

733.  JULY 1995 Issue
p.96

Copyright Protection for Traditional Compilations of Facts and Computerized Databases : Is Sweat Copyrightable?
Ng-Loy, Wee Loon  •  [1995] Sing JLS 96 (Jul)
This article looks at the so-called "sweat of the brow" controversy in copyright law. While the US Supreme Court has resolved this controversy by explicitly denying copyright protection to the "sweat of the brow" involved in creating a compilation of facts, it is unclear how this matter will be resolved by the English courts. This article reviews the English cases on compilations of facts, examining how far the English courts have gone in their protection of such works under copyright law. This article also examines the implications of the "sweat of the brow" controversy on the protection of compilations of facts in electronic form, ie, computerized databases.

734.  JULY 1995 Issue
p.129

Remedies of the Caveatee under Section 127 of the Land Titles Act
Teo, Keang Sood  •  [1995] Sing JLS 129 (Jul)
This article looks at who is caveatee for the purposes of section 127 of the Land Titles Act. The focus is on the position of a person who has yet to acquire a registered title or interest in land. Where a caveat is sought to be removed, the question of who bears the onus of proof is also examined. The need for a provision to prevent abuse of the caveat procedure so as to ensure the effectiveness of the remedies provided in section 127 is also discussed.

735.  JULY 1995 Issue
p.146

Securities Regulation in ASEAN : Is it Time for a Harmonious Tune to be Sung?
Koh, Pearlie MC  •  [1995] Sing JLS 146 (Jul)
It is now widely recognised that in the 1970s and 1980s, cooperation within ASEAN had a political and strategic focus. With this focus, ASEAN has generally been hailed as a success, particularly in the coordination of its members political stands on international issues. The aim of economic cooperation, although enshrined in the Bangkok Declaration, was largely relegated to the back seat until 1976, when the Declaration of ASEAN Concord was signed in Bali, Indonesia. In Bali, the leaders of ASEAN reaffirmed the goal of economic cooperation within ASEAN, although progress in this regard, since then, has been slow. However, as ASEAN entered the decade of the 1990s, there was a perceptible change in focus. The new raison d'etre for ASEAN cooperation is now economic. Concrete developments include the designation of sub-regional areas with complementary factor endowments for investment and economic development, the Common Effective Preferential Tariffs Scheme, and ultimately, by means of which Scheme, the formation of a free trade zone between member countries (the ASEAN Free Trade Area). The ASEAN Heads of Government recognised, at the Fourth ASEAN Summit in 1992, that multilateral cooperation within ASEAN is one of the primary means of achieving economic stability in the 21st century. The need for greater economic integration in the face of growing economic regionalism and the prospect of more intense competition for foreign investment in the region was emphasised. Thus far, the emphasis has been on cooperation in trade and industry. In the area of securities, there has been little talk of capital markets integration. It has been observed that it does not require any significant feat of intellect to notice that capital markets all around the globe have internationalised or are in the process of internationalising. This trend is perceptible too in ASEAN as individual Member States have gradually liberalised and deregulated, in varying degrees, their respective financial and capital markets since the late 1970s. Regionalisation and internationalisation of the ASEAN securities markets are on the agenda. With advances in technology and telecommunications, national boundaries are no longer barriers to international securities trading and investment. Leading companies around the world have realised that their capital-raising capabilities are greatly enhanced through multi-jurisdictional share issues. Thus far, most of these multi-jurisdictional offerings have occurred in Western developed countries. Given the significant level of investable liquidity in ASEAN markets, it is not unlikely that companies may think of doing the same in ASEAN. Because of the increasing economic intercourse between ASEAN countries and the integral role capital markets play in facilitating this intercourse, it is crucial then that ASEAN should consider their appropriate response in the area of capital markets development and securities regulation. It does not seem too early then for ASEAN to seriously consider cooperation in the area of securities regulation and ultimately regulatory integration of their capital markets. The purpose of this paper is to examine the question of harmonisation in the regulation of the securities industry in ASEAN. The paper is not a thesis on a possible code for the ASEAN securities industry. Rather, it examines the purpose of harmonising securities regulations and to question whether harmonisation in itself is at all an attainable goal in the light of the very different backgrounds of the member countries of ASEAN. The experience of the European Community in harmonising their securities legislation is considered and an attempt is made to see what lessons may be gleaned from this experience.

736.  JULY 1995 Issue
p.181

Self-Incrimination, Statutory Restrictions and the Hong Kong Bill of Rights
Arjunan, Kris & Low, Chee Keong  •  [1995] Sing JLS 181 (Jul)
The privilege against self-incrimination is a common law right of respectable antiquity. Recent attempts to water down the right by creating "exceptions" have not been successful. However, statutory intervention to modify or remove the privilege is as old as the right itself. In Hong Kong, as in other common law jurisdictions, there are statutes which impinge upon the right in one way or another. The advent of the Hong Kong Bill of Rights may have further implications, as statutory provisions inconsistent with the Bill are deemed to be repealed. This article traces the development of the privilege in the common law and discusses the possible impact of Art 11(2)(g) of the Bill on certain statutory provisions in Hong Kong.

737.  JULY 1995 Issue
p.209

Restitution, Change of Position and Compensation Seagate Technology Pte Ltd v Goh Han Kim
Yeo, Tiong Min  •  [1995] Sing JLS 209 (Jul)

738.  JULY 1995 Issue
p.229

The Burden of Proof of Provocation of Murder Vasquez v R; O'Neil v R
Chan, Wing Cheong  •  [1995] Sing JLS 229 (Jul)

739.  JULY 1995 Issue
p.236

Spousal Testimony on Marital Communication as Incriminating Evidence Lim Lye Hock v PP
Ho, Hock Lai  •  [1995] Sing JLS 236 (Jul)

740.  JULY 1995 Issue
p.245

Foreign Illegality and Public Policy Shaikh Faisal Bin Sultan Al Qassim t/a Gibca v Swan Hunter Singapore Pte Ltd
Chong, Gek Sian David  •  [1995] Sing JLS 245 (Jul)

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