
SINGAPORE JOURNAL OF LEGAL STUDIES


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- Article
Private International Law and Personal Laws: A Note on the Malaysian Experience
Citation: [1968] Sing JLS 55 - 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 56In 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 56This 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
Recent Developments in Materiality Test of Insurance Contracts
Citation: [1995] Sing JLS 56In 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
Implementing the UN Security Resolutions 660-678: The Singapore Experience
Citation: [1992] Sing JLS 56The 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
The Duty to Maintain Spouse and Children during Marriage
Citation: [1987] Sing JLS 56This 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
Special Feature: Criminal Law’s Fundamentals – Justification as Excuse Plus
Citation: [2025] Sing JLS 57First view: [Mar 2025 Online] Sing JLS 1-23Under what conditions are we justified in acting? This paper considers an answer that, to my knowledge at least, goes largely unexplored in the literature. According to the answer in question, D has a justification for performing an act only if two conditions are met. First, there must be an undefeated reason for D to perform the act. Second, it must be the case that, were D to lack this reason, D would have an excuse for performing it. So understood, the conditions of justification incorporate the conditions of excuse—one satisfies the former by satisfying the latter, and by satisfying an additional condition. Justifications, simply put, are excuses plus. - Article
Liability of Directors for Criminal Breach of Trust: Recovering a Lost Interpretation
Citation: [2018] Sing JLS 57Dishonest breach of trust by company directors was proscribed under section 405 of the Penal Code from inception. From this fundamental orientation departing from the English piecemeal treatment of embezzlement, false pretences and conspiracy to defraud, the article exposes differences in the way director's breach of trust is dealt with under section 405 and under the English statutory offence of embezzlement. Taking into account important backdrop perspectives which bear on the construction of section 409 as a punishability provision, it reaches conclusions opposite to the holding of the Court of Appeal in Lam Leng Hung (CA). One is that directors who commit dishonest breach of trust acting within the scope of authority fall to be punished more severely under the second agency-limb of section 409. Directors who knowingly act without authority in the company's name also do so but under the first limb. Finally, directors who misappropriate company property for personal use or benefit do not fall within section 409 and are punishable exclusively under section 406. - Article
Foreign Sourced Income : The Received Basis of Income Taxation
Citation: [1993] Sing JLS 57Unlike 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. - Article
Regulatory Property and the Jurisprudence of Quasi-Public Trust
Citation: [2010] Sing JLS 58This article examines the changing meaning of property within the modern regulatory state. Government increasingly regulates in order to promote efficient competition within various fields of newly privatised industry. In many instances, this intervention leaves the operator-the nominal 'owner' of a privatised resource or utility-with only a residue of the rights conventionally associated with ownership. In particular, requirements of inter-operability and the compulsory unbundling of network facilities have the effect of exposing the operator's assets to compulsory hire by commercial competitors at non-market rates of revenue return. Where now does the 'reality of proprietorship' reside? Against this background the present article explores the tension between access and exclusion that lies at the heart of contemporary conceptualisations about property. It argues that state intervention has silently generated a novel species of property-a category of 'regulatory property'-which stands the traditional paradigm of private property on its head. An overriding control over specific kinds of vital resource or essential facility is confirmed as belonging to the public or citizenry, who,_x000D_ by force of consumer choice, can determine whether, how and by whom a resource may be exploited. The article goes on to demonstrate that this diffusion of entitlement among citizen-consumers has clear and direct antecedents in an older code of marketplace morality-an explicit common law doctrine of 'quasi-public trust'-that long ago emphasised the correlation of commercial privilege with social obligation. In the present context, the engrafting of some form of fiduciary responsibility on major aggregations of economic power has not only redefined our understanding of the phenomenon of property, but also reinforced important perceptions of individual and corporate citizenship. This development comprises a significant contribution to the modern democratisation of property.