SINGAPORE JOURNAL OF LEGAL STUDIES
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- Case and Legislation Notes
Case and Legislation Notes: Border Problems Between Statute, Policy and Private International Law – The Star Entertainment QLD Ltd v Wong Yew Choy
Citation: [2021] Sing JLS 254The enforcement of foreign gambling debts and related foreign judgments has long troubled Singapore law. Although courts generally agree that their enforcement through the common law_x000D_ conflict of laws rules should be refused, the legal doctrines and concepts they invoke to justify that conclusionprocedural characterisations, forum mandatory rules and public policyare unsuited for that purpose. This note argues that the use of those doctrines and concepts sits at odds with their underlying purposes as well as a principled understanding of the broader relationship between common law, statute and policy in private disputes with foreign elements. A prohibition on the enforcement of foreign gambling debts, if desired, should therefore be secured through legislative tools rather than the continued contortion of existing common law rules. - Case and Legislation Notes
Defects in Property Causing Pure Economic Loss: Management Corp Strata Title Plan No 1272 v Ocean Front Pte Ltd
Citation: [1995] Sing JLS 256 - Case and Legislation Notes
Franchising Schemes in Singapore – Legal Aspects of Public Offers
Citation: [1984] Sing JLS 256 - Case and Legislation Notes
Penal Code (Amendment) Act 2007: Rape Within Marriage
Citation: [2009] Sing JLS 257The former section 375 of the Singaporean Penal Code contained an exception which stated that "sexual intercourse by a man with his own wife ...is not rape". This has been commonly interpreted to mean that it was not possible to convict a husband of the offence of rape on his wife under any circumstances so long as they remain legally married. The only qualification to the blanket immunity for husbands is that the wife must not be under 13 years of age. For example, one commentator wrote: In Singapore ... under no circumstances would a husband be guilty of the rape of his wife so long as she is not under thirteen years of age. The only possible exception might be where the court has granted a decree nisi of divorce although even this is doubtful. - Case and Legislation Notes
Enforcing an ADR Clause: Cott UK Ltd v Barber Ltd
Citation: [1999] Sing JLS 257 - Case and Legislation Notes
Defects in Property Causing Pure Economic Loss: The Resurrection of Junior Books and Anns: RSP Architects Planners & Engineers v Ocean Front Pte Ltd and Another Appeal
Citation: [1996] Sing JLS 257 - Case and Legislation Notes
The Control of Rent (Exemption) Notification, 1980
Citation: [1981] Sing JLS 258 - Case and Legislation Notes
Damages to Protect Performance Interest and the Reasonableness Requirement: Alfred McAlpine v Panatown
Citation: [2001] Sing JLS 259 - Case and Legislation Notes
The Duty of Care of a Clerk of Works—Spandeck And Its Aftermath
Citation: [2011] Sing JLS 260 - Case and Legislation Notes
The Prevention of Human Trafficking Act 2014: Legislation Comment
Citation: [2015] Sing JLS 261The Prevention of Human Trafficking Act 20141 developed by MP Christopher de Souza together with the Inter-Agency Taskforce on Trafficking in Persons set up in 2010, came into effect on 1 March 2015. POHTA is an important step in Singapore's anti-trafficking efforts. First, existing laws do not specifically address trafficking in persons ("TIP"), focus on outcomes rather than process, are couched in vague terms, and in some cases have not been utilised at all. For example, sexual exploitation cases with TIP elements are often prosecuted as prostitution-related offences under the Women's Charter 3 or the Penal Code. These aim towards protection of women and minors, not men. Further, such provisions do not distinguish between consensual and forced prostitution. Secondly, POHTA comprehensively provides for various aspects of tackling TIP, eg victim protection and enforcement procedures. Thirdly, it signals the seriousness with which the Government views TIP. In this note, we critically analyse POHTA, highlighting its issues and uncertainties_x000D_ which would, it is hoped, be addressed by the courts in the course of applying the POHTA.
