|611. ||JULY 1999 Issue|
|Improving the Determination of Diminished Responsibility Cases|
Yeo, Stanley  Sing JLS 27 (Jul)
The Study of Singaporean cases on diminished responsibility reveals that our judges have generally dealt with the elements of the defence in a haphazard manner. Furthermore, they have placed too much reliance on medical expert opinion. The submission is made that a close adherence to the model formulated by the English case of R v Byrne for determining diminished responsibility cases will considerably improve the judicial handling of such cases in our jurisdiction
|612. ||JULY 1999 Issue|
|Similar Fact Evidence in Singapore: Probative Value, Prejudice and Politics|
Hor, Michael Yew Meng  Sing JLS 48 (Jul)
This discussion explores how the inability of the law of evidence to decide how to deal decisively with character evidence in general and similar fact evidence in particular has spawned the ambiguous formula of weighing probative value and prejudice. It also suggests that this weakness gives extraneous "political" factors the opportunity to insinuate themselves into actual decision-making. Because of this, decisions from other jurisdictions cannot be taken at face value, as may have been done in the most recent case in Singapore, Lee Kuan Peng.
|613. ||JULY 1999 Issue|
|The Duel between Immediate and Deferred Indefeasibility|
Edwards, Robin & O' Reilly, Jennifer  Sing JLS 82 (Jul)
The aim of this article is to explore the re-emergence of the theory of deferred indefeasibility in the state of Victoria in Australia and then determine which the two theories makes more sense economically.
|614. ||JULY 1999 Issue|
|When is a Car Park a Road?|
Lee, Kiat Seng  Sing JLS 113 (Jul)
The definition of what constitutes a road is central to the whole scheme of compulsory insurance under the Motor Vehicles (Third-Party Risk and Compensation) Act. This is due to the fact that compulsory insurance against third party liability for personal injuries is imposed whenever a motor vehicle is "used". This concept of use is defined as "use on any road", and road is in turn defined as "any public road or any other road to which the public has access". This means that in order to understand the obligation imposed by the MVA, one has to understand the meaning of the word "road". Of particular interest is whether a carpark is a road for the purposes of the Act. This article looks at recent developments in the UK and compares the UK approach with that of Singapore courts.
|615. ||JULY 1999 Issue|
|The Regulation of Unit Trusts and Trustees' Powers to Invest in Them|
Tjio, Hans  Sing JLS 148 (Jul)
As a trustee of a private trust, the range of investment options available today must seem particularly daunting, especially since beneficiaries themselves have greater access to financial information and are consequently better informed. Trustees may be tempted to simply buy into a unit trust. Some things however, stand in the way. First, a trustee may be constrained to invest only in authorised unit trusts by Section 7 and the First Schedule of the Trustee's Act. Even if not, the trustee must still be concerned whether an investment in such funds satisfies the duties of care and skill required of trustees. What does it mean to purchase a unit trust? In particular, is the regulation of such funds sound, and are there problems with delegating the private trustees' investment decision to the trustee or manager of a unit trust?
|616. ||JULY 1999 Issue|
|Share Repurchase - Some Policy and Legal Issues|
Loke, Fay Hoong Alexander  Sing JLS 180 (Jul)
The Companies (Amendment) Act 38/1998, passed on 12 October 1998, introduced new provisions permitting companies to buy-back their shares. The Inland Revenue Authority of Singapore and the Securities Industry Council subsequently issued directions and policy statements relating to share buy-backs. This article examines some of the policy and legal issues arising from the rules governing share buy-backs. Amongst these are : the concept of 'ordinary shares', whether the safeguards under the different methods of share buy-backs adequately protect the interests of the shareholders, the tax treatment of proceeds received in a share buy-back and the implications for directors' duties. The new Practice Note 13 to the Singapore Code on Take-overs and mergers will also be examined briefly
|617. ||JULY 1999 Issue|
|Parents and Custody Orders - A New Approach|
Ong, Siew Ling Debbie  Sing JLS 205 (Jul)
When divorce terminates a marriage, the children of the marriage lose a fundamental cornerstone to their world of happiness and security. The law recognizes the welfare of such children to be of paramount importance. The court makes custody orders which it considers to be the best for the children under the circumstances. It is proposed that the law should move towards instilling in parents a greater sense of responsibility for their children by embracing the concept that parenthood is for life and that parenthood entails heavy responsibilities. Today, England has replaced the concept of custody orders with parental responsibility. As a consequence of the English Children Act, both parents with parental responsibility continue to be involved in the child's life regardless of the breakdown of the marital relationship. This article discusses recent cases on custody orders as well as the direction Singapore should take with respect to custody orders and parenting responsibilities.
|618. ||JULY 1999 Issue|
|The Enforceability of Mediation Clauses in Singapore|
Lee, Joel  Sing JLS 229 (Jul)
This article examines the enforceability of mediation clauses in Singapore. The various arguments against enforceability are examined and this article will argue that in light of current legal conditions in Singapore, a strong case can be made for the enforceability of mediation clauses. In addition the article will also explore some ancillary issues related to the enforceability of mediation clauses as well as recommend potential solutions.
|619. ||JULY 1999 Issue|
|Reform of the Subordinate Courts' Appellate Structure The Rules of Court (Amendment No 2) Rules, 1998|
Pinsler, Jeffrey  Sing JLS 248 (Jul)
|620. ||JULY 1999 Issue|
|Enforcing an ADR Clause: Cott UK Ltd v Barber Ltd|
Lee, Joel  Sing JLS 257 (Jul)