In Product Due Diligence and the Suitability of Minibonds: Taking the benefit of Hindsight,  Christopher Chen Chao-hung suggests a need for regulators to differentiate between financial products in assessing their suitability, rather than adopting a one-size-fits-all approach. He considers the various problems which arise out of applying the product due diligence requirement to complex financial products, including legal uncertainty and risk mismatches.

Lee Pey Woan argues in Causing Loss by Unlawful Means that it is unhelpful to define the economic torts simply by reference to the common element of “unlawful means,” and that the torts of two-party intimidation, unlawful means conspiracy, and causing loss by unlawful means are distinct wrongs which should be recognized as such despite their common features. She concludes that, ultimately, the illegality in question should only result in the tort being committed if it leads to the very conduct the tort was meant to deter.

Racial and religious harmony has always been important to Singapore. Jaclyn Neo Ling-Chien examines how the ancient law of sedition has been applied in recent times in Seditious in Singapore! Free Speech and the Offence of Promoting Ill-Will and Hostility between Different Racial Groups. She argues that the current law is problematic, and that in the long run it will not only be adverse to free speech, but will threaten community integration. She proposes a threefold legal framework to guide inter-racial and inter-religious interaction in Singapore.

Ng-Loy Wee Loon tackles the quandary posed by the online dissemination of copyrighted material in The ‘Whom’s’ in Online Dissemination of Copyright Works: To Whom and by Whom is the Communication Made? She assesses a recent Court of Appeal decision and considers two important elements in communication to the public: who makes the communication, and to whom the communication is made. In making comparisons with Australian and European jurisprudence, she argues that the Singapore approach may be too strict.

Rohan Price and John Kong Shan Ho examine the judicial review branch of administrative law in Air Pollution in Hong Kong: The Failure of Judicial Review and the Slight Promise of Recent Cases. They evaluate the extent to which judicial review has helped to combat air pollution in Hong Kong, and consider why various elements of Hong Kong’s colonial past have led to judicial review being impotent in ensuring that administrators remain accountable, especially where the environment is involved.

In Focusing on Corporate Short-Termism, Razeen Sappideen investigates the phenomenon of short-termism, including the ways in which it has been influenced by changes to corporate governance structure. He argues that agency theory based managerial compensation has been instrumental in leading to short-term approaches, and undertakes a detailed examination of the effects and impact of short-termism, and whether anything should be done about it.

In Bondholder Rights and the Section 216 Oppression Remedy, Seah Chi-Ling considers the remedy of oppression under section 216 of the Companies Act. On a literal interpretation of the section, the remedy extends to debentureholders, although it has never been used for this purpose. Professor Seah examines the scope of section 216 when applied in this context, and considers how a ‘fairness analysis’ should be undertaken.

In The Reynolds Privilege in a Neo-Confucianist Communitarian Democracy: Reinvigorating Freedom of Political Communication in Singapore, David Tan argues that the Reynolds privilege should apply in Singapore, free from reliance on Article 10 of the European Convention on Human Rights. He argues that Singapore courts should draw from English and Australian jurisprudence, and should adopt a broader defence of qualified privilege in defamation suits involving political figures. He concludes by advocating a review of the law of qualified privilege in Singapore so as to include a multi-factorial approach, which could consider the relevance of particular comments to good government and good governance.

In Taking Stock of the Insolvency Tests in Section 254 of the Companies Act,  Wee Meng Seng takes on the difficult task of explaining the poorly understood insolvency tests in section 254 of the Companies Act. His analysis reflects on the recent case of BNP Paribas v. Jurong Shipyard Pte Ltd, in which certain judicial statements heralded the beginning of a distinct Singaporean jurisprudence on insolvency tests, and he considers whether this case has altered the existing law.

In Access to Court Records: The Secret to Open Justice, Vanessa Yeo analyses the framework for accessing court records in Singapore, and compares this with the systems in the UK and Australia. She distils guiding principles from this comparative exercise, and suggests ways in which the Singapore system can be improved. She argues the need for balance between freedom of information on the one hand and confidentiality and the right to a fair trial on the other, concluding that proper administration of justice ultimately requires a satisfactory reconciliation of all competing factors.

Finally, in Rationalising the Procedure for Judicial Review in Singapore, Seow Zhixiang considers the law on judicial review, and makes two broad arguments. First he argues against the traditional view that Order 53 of the Rules of Court is separate and exclusive, and instead suggests that the other rules are not excluded unless they are contrary to the express provisions of Order 53. Secondly, he considers the way in which an amendment to the Government Proceedings Act has extended its scope to include proceedings for judicial review against the government.

Our December 2011 issue also features several legislation comments and case notes, and book reviews. Click here for the complete contents page.