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SINGAPORE JOURNAL OF LEGAL STUDIES

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  • Journal Result

  • Article

    Dishonoured Cheques and the Offence of Cheating – A Singapore Perspective

    Citation: [1987] Sing JLS 41
    In this article an effort is made to explain the policy factors that influence the enactment of the provisions on "cheating" in the Singapore Penal Code. Explanations are also offered as to the manner in which these provisions ought to be interpreted for purposes of ascertaining the offence of "cheating" in cases that involve dishonoured cheques.
  • Article

    The Political Muddle – A Charitable View

    Citation: [1977] Sing JLS 42
  • Article

    Badges of Trade Revisited

    Citation: [1996] Sing JLS 43
    This article looks at the question of trading in the Singapore and Malaysian contexts. The focus in on transactions in real property. It seeks to establish that, contrary to what has been argued, an isolated transaction in real property can amount to the carrying on of a trade or a business under the Singapore Income Tax Act. Reference is made to relevant Malaysian cases on the matter. This article further examines the factors which the Singapore and Malaysian courts (including the Income Tax Board of Review and Special Commissioners, as the case may be) take into consideration in determining whether a trade/business has been carried on. A proper assessment of these factors is most crucial so as to steer clear of the pitfalls of trading.
  • Article

    Agency Reasoning—A Formula or a Tool?

    Citation: [2018] Sing JLS 43
    Holmes expressed doubts about the viability of Agency as a subject. This paper suggests that the law of Agency has a valid central core providing for the external powers of agents and their internal relations with their principals, surrounded by a considerable number of areas where agency principles are applied, but incompletely. There is a progression from the more central cases to situations where the agency analogy is weak or even sometimes misleading. In these extended applications it can be said that agency reasoning is only a tool requiring to be used with caution or even not used at all: but when the tool is acceptably used, features of the core of agency reasoning are still recognisably present.
  • Article

    Digging up Moss in the Antipodes (Monies Owing Guarantees)

    Citation: [1998] Sing JLS 44
    This article explores the danger of using words like "due and owing" in a guarantee when the debtor becomes bankrupt and is discharged. Despite statutory protection aimed at keeping the liability of the guarantor alive the words may be viewed as releasing the guarantor from liability. This article explores the interpretation and application of Re Moss; Ex parte Hallett in Australia, New Zealand, Hong Kong and how to avoid the problem in the first place.
  • Article

    Of Codes and Ideology: Some Notes on the Origins of the Major Criminal Enactments of Singapore

    Citation: [1989] Sing JLS 46
    This article, as its title suggests, surveys the historical background to the major criminal enactments of Singapore. As a subsidiary function, it also attempts to illustrate the possible ideology underlying the enactment of one particular statute, viz, the Penal Code - a possibility that might point the way toward broader conclusions as well as studies encompassing the role and function of the law in colonial Singapore from a more general point of view.
  • Article

    The Doctrine of Unjust Enrichment in Soviet Law

    Citation: [1961] Sing JLS 46
  • Article

    The Status of Women in Family Law in Malaysia, Singapore and Brunei

    Citation: [1966] Sing JLS 46
  • Article

    A Nullity Exception in Letter of Credit Transactions?

    Citation: [2004] Sing JLS 46
    There has been a difference in opinion between the courts in Singapore and the United Kingdom as to whether there is a nullity exception to the autonomy principle in letter of credit transactions. This article analyses the applicable principles and judicial decisions. It assesses whether the law should include a nullity exception over and above the fraud exception, and the circumstances under which such an exception might apply. The formulation of the nullity exception by the Court of Appeal in Singapore as well as possible future developments are also considered.
  • Article

    Regulation of Equity Crowdfunding in Singapore

    Citation: [2015] Sing JLS 46
    Equity crowdfunding, a fairly new form of financing, has promise as a means to finance legitimate start-up businesses or projects which are unable to obtain funds from traditional sources, eg, banks, venture capitalists and angel investors. However, the cost of complying with existing securities regulations is likely to make equity crowdfunding impractical for the businesses most likely to need it. This paper will consider the rationale for facilitating equity crowdfunding in Singapore, assess the need for additional exemptions for equity crowdfunding, and propose legal reforms which seek to strike a balance between capital formation and investor protection.