
SINGAPORE JOURNAL OF LEGAL STUDIES


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Locus Standi of Company Directors to Petition for Companies winding Up
Citation: [1996] Sing JLS 111Winding up proceedings have the potential to expose the company to ultimate dissolution. Thus, the issue of locus standi to petition the court for a winding up order assumes some importance. Under section 217()(a) of the Malaysian Companies Act 1965, the 'company' has standing to petition the court. However, under article 73 of Table A of the Act, the directors are delegated the management power. The question then arises as to whether the management power encompasses the power to petition the court for a winding up without a resolution of the members in general meeting. There appears to be a serious conflict of judicial opinion on the issue. This article traces the case law on the subject, focusing on the recent Malaysian case of Miharja Development Sdn Bhd & Ors v Tan Sri Datuk Loy Hean Heong & Ors and Another Application (1995) 4 MSCLC 91,285. - Article
Making Sense of Documentary Evidence (Part II)_x000D_ [Continued from [1993] SJLS 504 – 537]
Citation: [1994] Sing JLS 111Part II of the article completes the discussion of the scope of section 93. It goes on to demonstrate the difficulties in the inter-relations of real evidence and documentary evidence. - Article
Murder Misunderstood: Fundamental Errors in Singapore, Malaysia and India’s Locus Classicus on Section 300(c) Murder
Citation: [2012] Sing JLS 112Section 300(c) of the Penal Code is the murder provision most frequently used by the prosecution and also the most problematic. Despite a diversity of academic and judicial views on its proper interpretation, there is a surprising consensus on the correctness of the Supreme Court of India's interpretation of that provision inVirsa Singh v. State of Punjab, which has become the locus classicus. This article respectfully submits that the Virsa Singh approach is wrong for contradicting the express statutory language in Illustration (b) to s. 300, failing to give effect to the ordinary meaning of the words in s. 300(c), and ignoring the important legal and historical context in which that provision was drafted. It argues for a new approach which restores the severity of the injury which the accused intended to inflict, regardless of whether it is the same as the injury actually inflicted, as the touchstone of the offence. - Article
Marital Rape – Removing the Husband’s Legal Immunity
Citation: [1989] Sing JLS 112This article attempts to set out the law relating to marital rape, specific and little discussed form of violence against women. The historic basis and the contemporary arguments in favour of the spousal immunity will also be examined. Ultimately, however, it will be suggested that the immunity, archaic and inconsistent as it is with the status of women today, ought to abolished or at least substantially modified. - Article
SPAC Regulation in Singapore and Hong Kong: Designing a Regulatory Framework for New SPAC Markets
Citation: [2023] Sing JLS 113First view: [Mar 2023 Online] Sing JLSSpecial Purpose Acquisition Companies, or SPACs, have become popular investment vehicles in 2020–2021. In response to this recent growth in popularity, regulators in Singapore and Hong Kong have introduced new listing rules permitting the listing of SPACs in their jurisdictions. In doing so, they have generally referred to the regulations and market practices in the US. These represent a set of norms which have been negotiated between regulators, SPAC managers and investors over decades of transactions. Regulators in Singapore and Hong Kong have innovated on these basic rules in response to recent criticisms of the SPAC structure and to accommodate local market factors and regulatory aims. This paper will examine how the regulators have, in the process of setting up SPAC markets locally, leveraged on the regulations and practices in the US as a starting point and how the consultation process allowed them to fine-tune their proposals. - Article
When is a Car Park a Road?
Citation: [1999] Sing JLS 113The definition of what constitutes a road is central to the whole scheme of compulsory insurance under the Motor Vehicles (Third-Party Risk and Compensation) Act. This is due to the fact that compulsory insurance against third party liability for personal injuries is imposed whenever a motor vehicle is "used". This concept of use is defined as "use on any road", and road is in turn defined as "any public road or any other road to which the public has access". This means that in order to understand the obligation imposed by the MVA, one has to understand the meaning of the word "road". Of particular interest is whether a carpark is a road for the purposes of the Act. This article looks at recent developments in the UK and compares the UK approach with that of Singapore courts. - Article
Some Aspects of the Law Relating to Trustees in the States of Malaya and Singapore
Citation: [1968] Sing JLS 113 - Article
Equality of Opportunity in Matters of Public Employment and the Indian Supreme Court
Citation: [1965] Sing JLS 113