|921. ||JULY 1991 Issue|
|Book Review: Sale of Goods Carried by Sea by Charles Debattista|
Lee, Kiat Seng  Sing JLS 279 (Jul)
|922. ||JULY 1991 Issue|
|Book Review: Phipson on Evidence by M. N. Howard, Peter Crane and Daniel A. Hochberg (Eds.) (14th Edition)|
Choo, Han Teck  Sing JLS 281 (Jul)
|923. ||JULY 1991 Issue|
|Book Review: Law of Insolvency by Ian Fletcher|
Tan, Terence  Sing JLS 284 (Jul)
|924. ||DECEMBER 1990 Issue|
|The Diceyan Perspective of Supremacy and the Constitution of Singapore|
Penna, L. R. (1990) 32 Mal. Law Rev. 207 (Dec)
The quintessence of the supremacy of the constitution according to Dicey lies in the constitution (1) being written, (2) being rigid, and (3) providing for judicial review. This article examines the existence of these criteria in the constitution of Singapore. As relevant local case law is very limited, an effort is made to interpret the provisions of the constitution, mostly in the context of the experience inn the working of the pertinent provisions of the constitution of India and Malaysia, which are germane to the constitution of Singapore.
|925. ||DECEMBER 1990 Issue|
|Hearsay - A Doctrine in Retreat - A Re-Appraisal of the Hearsay Rule in Singapore|
Chin, Tet Yung (1990) 32 Mal. Law Rev. 239 (Dec)
This article discusses the scope of the hearsay rule in the light of recent developments. Two issues raised in recent judgements - mechanically-generated evidence and statements of intention - are also analysed. Finally, the article discusses the implications of a trial system without juries on the rules of evidence, in particular, the hearsay rule.
|926. ||DECEMBER 1990 Issue|
|Four Contemporary Natural Law Theories|
Whang, Shang Ying (1990) 32 Mal. Law Rev. 254 (Dec)
This article considers the salient arguments of John Finnis, Philip Soper, Michael Detmold, and Deryck Beyleveld and Roger Brownsword, all of whom published important works on jurisprudence in the 1980s. Their theories challenge the prevalent Legal Positivist assumption that law and morality are logically separate. Some argue that a connection exits between the two in the purpose of law; others in its procedural aspects. Drawing on the insights of Aristotle, Aquinas and Kant, amongst others, these writers have revived and redefined the hitherto moribund tradition of Natural Law theorising.
|927. ||DECEMBER 1990 Issue|
|The General Exception of Necessity under the Singapore Penal Code|
Tan, Cheng Han (1990) 32 Mal. Law Rev. 271 (Dec)
|928. ||DECEMBER 1990 Issue|
|Plain English in Commercial Contracts|
Hwang, Michael (1990) 32 Mal. Law Rev. 296 (Dec)
What is plain English? What are its advantages in commercial contracts? What are the objections to its use? Are those objections valid? How difficult is it to draft in Plain English? Whither Plain English?
|929. ||DECEMBER 1990 Issue|
|General Anti-Tax Avoidance Provisions: The Singapore Position and Australasian Comparisons|
Telfer, John H. (1990) 32 Mal. Law Rev. 311 (Dec)
This article considers the general tax avoidance provision contained in section 33 of the Singapore Income Tax Act in the context of similar provisions in other countries, particularly in Australasia (i.e. Australia and New Zealand). This article first looks at some of the terms in section 33, and at how they might be interpreted. It then considers, in the light of the Australian and New Zealand experience, some of the difficulties of producing definitive interpretations of provisions like section 33. finally, the application in Singapore of the doctrine of fiscal nullity is discussed. Its likely exclusion by the existence of section 33 is noted. Its possible application to some transactions involving dealings with countries with which Singapore has double tax agreements is also considered.
|930. ||DECEMBER 1990 Issue|
|Twenty-Third Session of the United Nations Commission on International Trade Law|
Goh, Phai Cheng (1990) 32 Mal. Law Rev. 322 (Dec)