SINGAPORE JOURNAL OF LEGAL STUDIES
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A Short History of Thai Criminal Law since the Nineteenth Century
Citation: [1986] Sing JLS 134Like many other Southeast Asian nations, Thailand was exposed to western legal influence as a result of western colonialism in the nineteenth century. This led to the seven-century old indigenous system being displaced by a westernised legal system._x000D_ This article surveys the historical development of Thai criminal law since the nineteenth century, especially the importation of western concepts of criminal law at the turn of the century. A comparative survey of the ways in which western criminal law was received by several eastern countries during the colonial era provides a backdrop for a critique of the Thai experience. The article then proceeds to survey the subsequent developments in Thai criminal law, and concludes by advocating the indigenisation of modern Thai criminal law. - Article
Fraud on Creditors
Citation: [2012] Sing JLS 134Transfers 'out of a debtor's indebtedness' provoked in Elizabethan times a narrow range of rigid solutions based on legal doctrines of constructive fraud and a more broad-based evidential doctrine of ostensible ownership. One of these legal doctrines has been continued in recent cases, and others may be continued unless there is a clear understanding of why they arose in the first place. This article argues that legal as well as evidential doctrines are not appropriate in modern business contexts and develops a theoretical non-contractarian framework for demonstrating this. - Article
The Financial Assistance Prohibition: Changing Legislative and Judicial Landscape
Citation: [2009] Sing JLS 135This article looks mainly at the recent changes to the law relating to financial assistance in Singapore, but in doing so will also consider the treatment of the same rule in other jurisdictions. It does so with a hope that it will be helpful to the ongoing consideration of its further reform in Singapore and elsewhere. - Article
The Work of Many Hands: The Continuing Confusion Over Section 304A of the Singapore Penal Code
Citation: [2015] Sing JLS 135This article presents a critical assessment of s 304A of the Singapore Penal Code, the section setting out the offence of causing death by rash or negligent act. Along with providing a brief history of the offence, this article attempts to address the practical and conceptual difficulties that have come to trouble the application of the offence and to propose a way forward. - Article
Reviewing the Defence of Fair Dealing for Research or Private Study
Citation: [1996] Sing JLS 136This article discusses the defence of fair dealing for the purpose of research or private study in the law of copyright. A recent decision of the High Court has identified some of the operative problems of this defence, and has ruled that the defence applies to commercial research. This article supports the spirit behind the ruling. It is contended that a literal interpretation of this defence will give rise to serious problems, and that a purposive interpretation should be adopted. this article also suggests legislative reform to clear up any possible doubts within this area of the law. - Article
International Tort Litigation: Revisiting Order Rule 1(F)
Citation: [2000] Sing JLS 136This article examines the establishing of discretionary jurisdiction for International Tort Litigation. The amended Order 11 Rule 1(F) is examined with a view to identifying possible interpretative approaches. Difficulties with past approaches are discussed and a new approach suggested. It is submitted that this new approach will provide the right amount of consistency and flexibility required to meet the challenges of international tort litigation.