This article examines the position of the separation of powers doctrine within the Federal Constitution of Malaysia and in particular, the position of "the judicial power of the Federation" before and after the 1988 constitutional amendment to Article 121. Through textual analysis and a review of the extant case law, conclusions are offered regarding the manner in which the separation doctrine is incorporated within the Constitution and whether its principles may apply with implicit constitutional force, the efficacy of the 1988 amendment to effect substantive constitutional change, and whether "the judicial power of the Federation" remains exclusively vested in the courts established under Article 121. The Federal Court's decision in Public Prosecutor v. Kok Wah Kuan [2008] 1 M.L.J. 1 is discussed.

This article is an attempt to clarify one small corner of the puzzle: the relationship of the existing judicial systems in Singapore and Malaysia to prior predecessor courts on both sides of the causeway. More precisely, the article will trace the history of the Federal Court and the Singapore Court of Appeal in the period before, during and after merger to determine which decisions, at any given time, were properly binding on those two courts. An understanding of this history is, of course, crucial to an understanding of this aspect of stare decisis in Singapore and Malaysia. Indeed, it is the basic thesis of this article that a misapprehension of this historical development has led to the acceptance of an erroneous view of which decisions should now bind the Singapore Court of Appeal. Before reaching that point, however, the article must of necessity recanvass old ground, but it is hoped that the uncharted territory at the end of the journey will justify the labours expended in reaching it.

Viewed as a remedy, the function of the constructive trust is not to render superfluous, but to reflect and enforce, the principles of the law of equity. Thus it is that there is no place in the law of this country for the notion of 'a constructive trust of a new model' which 'by whatever name it is described ... is ... Imposed by law whenever justice and good conscience requires it.' Under the law of this country - as, I venture to think, under the present law of England - proprietary rights fall to be governed by principles of law and not by some mix of judicial discretion, subjective views about 'which party ought to win' and 'the formless void of individual moral opinion.' Long before Lord Seldon's anachronism identifying the Chancellor's foot and the measure of Chancery relief, undefined notions of 'justice' and what was 'fair' had given way in the law of equity to the rule of ordered principle which is of the essence of any coherent system of rational law.

This article examines the enforceability of mediation clauses in Singapore. The various arguments against enforceability are examined and this article will argue that in light of current legal conditions in Singapore, a strong case can be made for the enforceability of mediation clauses. In addition the article will also explore some ancillary issues related to the enforceability of mediation clauses as well as recommend potential solutions.

This paper seeks to explain the modes of identifying the various forms of charges mentioned in section 171 of the Criminal Procedure Code. In the course of evaluating the principles and assumptions that govern the framing of “alternative” charges under section 171, certain developments in the law that are prejudicial to the accused will also be examined.

As the Chief Justice of the host nation for the 26th LAWASIA Conference and the 15th_x000D_ Biennial Conference of Chief Justices of Asia and the Pacific, it is my privilege on behalf of all my fellowcitizens to welcome such a distinguished and well-represented_x000D_ audience to Singapore. I wish, in particular, to extend a warm welcome and a hand of friendship to my counterparts, the Chief Justices and senior members of the_x000D_ judiciaries of more than 40 jurisdictions. I also wish to welcome the close to 300_x000D_ delegates from more than 25 countries who have come to our island nation for the_x000D_ LAWASIA Conference.