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SINGAPORE JOURNAL OF LEGAL STUDIES

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  • Journal Result

  • Article

    Cutting the Apron Strings : The Localization of Singapore’s Land and Trust Law

    Citation: [1995] Sing JLS 75
    This article discusses the changes made to Singapore's land and trust law by the Application of English Law Act 1993. The focus is on the effects of the "repeal" of the Second Charter of Justice, which imported English common law and pre-1826 English statutes into Singapore. The first part of the article discusses the provisions of the new Act, which replace the pre-1826 English statutory provisions. The second part discusses cases where English statutory provisions have not been replaced by new local legislation.
  • Article

    Regulatory Aspects of Offshore Lending to Indonesian Corporate Entities

    Citation: [1978] Sing JLS 75
  • Article

    Part II: An Analysis of the Legal Effects of Constitutional Amendments in Malaysia

    Citation: [1976] Sing JLS 75
  • Article

    Three Shades of Data: Australia, Philippines, Thailand

    Citation: [2021] Sing JLS 76
    Unauthorised access to data has raised concern amongst business, citizens and legislators globally. However, different jurisdictions have taken various approaches ranging from controlling access via data protection legislation to deeming liability based on the nature of the data, such as through privacy legislation. This paper is a comparative analysis of the privacy legislation of the Philippines, Thailand and Australia through their Data Privacy Act of 2012, the Personal Data Protection Act 2019, and the Privacy Act 1988, respectively. These Acts have many provisions, and Australian states also have their own acts. The Australian federal legislation is the most developed of the three and its effectiveness can be evaluated by outcomes of investigations and enforceable undertakings issued for data breaches. In all three countries, the primary data privacy legislation is also supported by privacy-related provisions under other statues. The analysis focuses on types of data protected by privacy provisions, methods for investigating breaches and imposing penalties, and whether breaches result in administrative action, civil liability or criminal offences.
  • Article

    Deposit Insurance in Singapore: Why Have It, Who Gets It, How Does It Work?

    Citation: [2013] Sing JLS 76
    Singapore's deposit insurance scheme was revised in 2011. This paper reviews the debate on the merits of a deposit insurance scheme, considers key features of the scheme operating in Singapore and evaluates how well it promotes the rationale of deposit insurance.
  • Article

    Getting Drunk in Singapore and Malaysia

    Citation: [2012] Sing JLS 76
    Just as in the Indian Penal Code, the intoxication provisions contained in ss. 85 and 86 of the_x000D_ Singaporean and Malaysian Penal Codes are described as 'General Exceptions', suggesting that they operate as affirmative (or 'supervening') substantive-law defences to criminal liability. It is argued in this article, however, that the primary function of these provisions is not to create a distinct legal defence. Rather, it is to enable the courts to convict persons who do not satisfy the mens rea requirements of a crime, when their lack of mens rea is because of intoxication. The sections permit us to treat such defendants as having mens rea when in fact they do not. As such, the provisions are mainly inculpatory, not exculpatory. They assist the prosecution, not the defendant. This claim will be defended both in principle and in terms of statutory interpretation. This article also discusses certain exceptions, where intoxication does operate as a true supervening defence.
  • Article

    Crossing Time’s Boundaries: A Comparative View of Legal Responses to the Pre-Incorporation Contract

    Citation: [2005] Sing JLS 76
    This article outlines the problems attendant on the conclusion of contracts intended to be performed by a company, though entered into by a promoter or interested party before the company's formation. Such pre-incorporation contracts, widely used as a vehicle for obliging co-contractants, are nonetheless not without difficulties, notably in cases where liability for performance or non-performance is at issue. It is the purpose of this article to take a comparative view of how these questions have been dealt with in a number of Commonwealth countries, including the United Kingdom, as well as Europe, where the company law harmonisation initiative has attempted to create a unique rule to apply to both common law and civil law jurisdictions.
  • Article

    Contemporary Issues in Australian Family Law: Do We Need a More Unified and Interventionist Judicial Model?

    Citation: [2004] Sing JLS 76
    Recent decisions of the Family Court of Australian reflect concern over the adversarial nature of the legal process. The processes and procedures of the judicial system militate against a detailed examination of the issues and rights of the parties in dispute. The limitations of the family law framework are particularly demonstrated in disputes over the custody of children where the Court has tended to neglect the rights and interests of the primary carer. An alternative "unified family court" framework will be examined in which the Court pursues a more active and interventionist approach in the determination of family law disputes.
  • Article

    Unconscionability and Personal Liability in Equity

    Citation: [1991] Sing JLS 76
    The article deals with the area of constructive trusts which does not involve equitable interests commonly associated with the institution of trustee-beneficiary. It is suggested that the term constructive trusteeship, which is sometimes used to describe this area of the law, is a misnomer, and that the concern is with no more than a personal liability in equity. The view taken, in the light of recent cases, is that such liability only arises where there has been some form of unconscionability on the part of the wrongdoer. Liability is not strict nor does constructive notice suffice.
  • Article

    Judicial Reform of Company Law in the United Kingdom

    Citation: [1962] Sing JLS 76