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SINGAPORE JOURNAL OF LEGAL STUDIES

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  • Journal Result

  • Article

    Private International Law and Personal Laws: A Note on the Malaysian Experience

    Citation: [1968] Sing JLS 55
  • Article

    The First Year of the Court of Judicature of Prince of Wales’ Island 1808-9

    Citation: [1973] Sing JLS 55
  • Article

    The Charity Commission of England and Wales as a Model: Could Hong Kong and Australia Be Importing a Constitutional Problem?

    Citation: [2012] Sing JLS 55
    The Charity Commission of England and Wales is granted powers under the Charities Act 2011 of decision-making about charitable status and public benefit of entities which were formerly the province of the judiciary. Considering that the incursion of government into charity law has become such a controversial issue, it is remarkable that the intermingling of administrative and judicial power in the Charities Act 2011 has received so little attention. This article explores the constitutional challenges faced by charity law in the UK and reveals what lessons may be learned by Australia and Hong Kong as each jurisdiction prepares to introduce a charity commission. In particular, the article contends that complications concerning the operation of the doctrine of separation of powers remain unresolved in England and Wales and that both Australia and Hong Kong need to give the judiciary a formidable role in adjudication of charitable status, so that the charity commission of each jurisdiction, although an arm of the executive, can be checked in crucial cases.
  • Article

    Security in Project Finance for the Petroleum Industry of the People’s Republic of China

    Citation: [1991] Sing JLS 55
    This article considers the conflict of laws rules determining the applicable law in the transferring of proprietary interests in assets situated in the People's Republic of China when the governing law of the loan contract is New York/English/Hong Kong law. It also discusses the emerging mortgage law of the PRC in the context of its application to petroleum project financing.
  • Article

    The Duty to Maintain Spouse and Children during Marriage

    Citation: [1987] Sing JLS 56
    This article surveys the current issues on the law of maintenance during the subsistence of a marriage. On the duty of a husband to maintain his wife, we have the 1968 High Court appellate decision that it rests on proof of the husband's culpability. Is this good law? Even if it was good law then, is it still good law after the 1980 amendments? The law permits "any marries woman" to apply for maintenance; who is she? What is the effect of annulment and divorce on her ability to apply? In the duty of a parent to maintain his children, who is a "child" for this purpose? Does an order in favour of a child terminate on his reaching the age of twenty-one? The statutory provisions and case law are studied in some detail.
  • Article

    Implementing the UN Security Resolutions 660-678: The Singapore Experience

    Citation: [1992] Sing JLS 56
    The invasion of Kuwait by Iraq on 2 August 1990 triggered a string of UN Security Council resolutions that was unprecedented. Military forces were despatched by the allied nations under the auspices of the UN to enforce economic sanctions against Iraq. Singapore's response to the major resolutions are examined, in particular, the freezing of Iraqi and Kuwaiti assets. As a small state, there are valuable lessons that Singapore can learn from the Gulf conflict.
  • Article

    Recent Developments in Materiality Test of Insurance Contracts

    Citation: [1995] Sing JLS 56
    In insurance law the doctrine of disclosure as expounded by the controversial decision of CTI v Oceanus requires the proposer of an insurance policy to disclose every fact that the underwriter may wish to be aware of during his decision-making process. This has unfortunately been confirmed in the recent House of Lords decision of Pan Atlantic Insurance Company Limited v Pine Top Insurance Company. However, some form of reprieve appears to have been granted since the judgment has also stipulated that it must additionally be shown that the particular insured had been induced before there can be any resort to avoidance.
  • Article

    Whose Health Record? A Comparison of Patient Rights Under National Electronic Health Record (NEHR) Regulations in Europe and Asia-Pacific Jurisdictions

    Citation: [2021] Sing JLS 56
    In this paper, we compare four patient rights regarding data stored in NEHRs under nine European and Asia-Pacific jurisdictions. We aim to ascertain whether the success and failure of NEHR implementations could be attributable to differences in patient rights. We note that while there is a convergence of access controls, there is a divergence with respect to controlling third-party access and modifying patient data. Analysing these divergences through four bioethical principles defined by Beauchamp and Childress, we find claims of patient empowerment mask a neoliberal perspective of outsourcing responsibility to patients. Likewise, refusing sufficient granular control can contribute to patient mistrust.We argue that it is important to conceptualise NEHRs as a public good and design regulatory frameworks accordingly.
  • Article

    Malaysia and the Internal Security Act: The Insecurity of Human Rights after September 11

    Citation: [2002] Sing JLS 56
    This article seeks to illuminate the history of the Internal Security Act and its uses against terrorism and political opposition in Malaysia. Recent applications of the ISA and developments in judicial review are highlighted, revealing the disturbing implications of September 11 on human rights in the country.
  • Article

    Foreign Sourced Income : The Received Basis of Income Taxation

    Citation: [1993] Sing JLS 57
    Unlike many countries, Singapore residents are taxed on a territorial (as opposed to a world-wide or global) basis. Income is taxed when it accrues in, or is derived from or is received in Singapore. There is much uncertainty over how income will be received for tax purposes. This article explores the received basis of income taxation.