|591. ||DECEMBER 1999 Issue|
|What is Wrong with Entrapment|
Ashworth, Andrew  Sing JLS 293 (Dec)
The aim of this article is to consider what amounts to entrapment, and under what circumstances (if any) such conduct should be regarded as permissible. The main focus of the article is upon the arguments for and against allowing entrapment, although there is also consideration of the ways in which the criminal justice system (including the courts) ought to respond to cases of entrapment.
|592. ||DECEMBER 1999 Issue|
|The Law of Unjust Enrichment: A Millennial Resolution|
Birks, Peter  Sing JLS 318 (Dec)
This article tries to say as simply as possible why we must take seriously the project of constructing a law of unjust enrichment. It answers those who might assert that the twentieth century success of the law of restitution has rendered that project redundant. It says how the law of unjust enrichment differs from the law of restitution and warns against allowing the language of unjust enrichment to be understood in a sense which would erode or eliminate those differences. The twenty-first century law of unjust enriched will emerge from the law of restitution, but something must be left behind. The butterfly will differ from the caterpillar.
|593. ||DECEMBER 1999 Issue|
|Founding Father and Legal Scholar - The Life and Work of Professor LA Sheridan|
Phang, Boon Leong Andrew  Sing JLS 335 (Dec)
The Present essay surveys the life and work of the first Dean of the Law Faculty, Professor LA Sheridan. It traces his initial career and his subsequent work in establishing the local law school. In this latter respect, this essay examines Professor Sheridan's visions and goals - and how these were realised in a tangible manner through his prodigious efforts in the directions of staff and student recruitment, the establishment of an appropriate curriculum and the law library, as well as his encouragement of legal research through the production of not only books and periodical articles but also the establishment of the then University of Malaya Law Review (now renamed the Singapore Journal of Legal Studies). Professor Sheridan's own amazing range, quality as well as quantity of scholarship is then described. The title of the present essay attempts to capture both these strands, viz, the pivotal role he played in the foundation of the local law faculty and his sterling scholarship, which he continues to produce even today, many years after his retirement.
|594. ||DECEMBER 1999 Issue|
|Globalisation and Crime: The Challenges to Jurisdictional Principles|
Sornarajah, M  Sing JLS 409 (Dec)
The process of globalisation has rapidly made crime borderless. This poses challenges to existing rules on jurisdiction, particularly of countries like Singapore which, as a result of the common law tradition, have shown reluctance to deviate from the territoriality principle. This article argues that such states should move away from this position and respond to the new phenomenon of global integration of criminal syndicates by adopting more innovative theories of jurisdiction. It uses money-laundering to explore the alternative strategies that may be adopted.
|595. ||DECEMBER 1999 Issue|
|Restatement of the Law of Guardianship and Custody in Singapore|
Leong, Wai Kum  Sing JLS 432 (Dec)
Guardianship and custody in family law regulates the relationship between a child and the adults who exercise authority over him or her. This article attempts to restate the basic principles. The concept of guardianship should be understood in relation with parenthood. The settled family law meaning of the guardian should be preserved to maintain the appropriate balance of authority between the parents, the guardian and casual minders of the child. The welfare principle is ubiquitous to resolve all guardianship applications. The courts should exercise their powers in guardianship applications to preserve parental responsibility. The law works optimally when these basic principles become firmly established.
|596. ||DECEMBER 1999 Issue|
|Common Intention and the Enterprise of Constructing Criminal Liability|
Hor, Yew Meng Michael  Sing JLS 494 (Dec)
The doctrine of common intention, and allied concepts like common objects, abetment, gang robbery and arms offences, which have the potential of imposing constructive criminal liability, have caused persistent problems. This discussion hopes to lay bare the complexity of the interpretative choice which has to be made. It goes on to suggest the direction which judges and law-makers ought to take with respect to constructive crimes in general.
|597. ||DECEMBER 1999 Issue|
|Piercing the Separate Personality of the Company: A Matter of Policy?|
Tan, Cheng Han  Sing JLS 531 (Dec)
It is often said that the separate personality of a company may be ignored if the company is a mere 'sham' or 'facade'. In this article, it is submitted that the use of such metaphors masks the true issues. The separate personality of a company should be pierced if public policy makes it undesirable to recognise such a separate personality, and then only to the extend of avoiding the undesirable effects.
|598. ||DECEMBER 1999 Issue|
|The Par Value of Shares: An Irrelevant Concept in Modern Company Law|
Ho, Yew Kee & Lan, Luh Luh  Sing JLS 552 (Dec)
The par value regime has always been accepted as one of the cornerstones of our company law. The functions of the par value of shares are to fix the maximum liability of a shareholder and to protect the creditors of a company. However, the regime also entails many shortcomings, which have prompted many law commissions to suggest for its abolishment. Australia is the latest country that has done away with the par value regime. This article reviews the problems posed be the par value regime and evaluates the alternative regimes.
|599. ||DECEMBER 1999 Issue|
|The Court's Powers under the Woman's Charter when the Respondent Opposes a Divorce Petition|
Chan, Wing Cheong  Sing JLS 573 (Dec)
This article examines the extent to which it is possible and desirable for a respondent to oppose a divorce petition under the Woman's Charter. It is suggested that the present approach taken by the Singapore courts is very much dependent on the perceived role of the law and the values placed on marriage, divorce and individual autonomy.
|600. ||DECEMBER 1999 Issue|
|The Securities Regulator in Civil Pursuit: Quaere a New Enforcement Option|
Chew, Margaret  Sing JLS 596 (Dec)
Singapore has embarked on an introspective review of its securities market and the legal regime complements it. The resultant recommendations embrace a disclosure based regulatory philosophy. In a predominantly disclosure based regulatory regime, emphasis is placed on fostering and maintaining a fair and transparent market by the establishment of comprehensive disclosure obligations. The legal and regulatory framework must then provide for effective sanctions and remedies when breaches of such obligations occur, and the regulator's role in enforcing disclosure standards takes on added importance. In this vein, it is proposed that the securities regulator be empowered to take civil action against misfeasors where it is in the public interest to do so. This article discusses the recommended role and potential power of the securities regulator as a new enforcement option.