
SINGAPORE JOURNAL OF LEGAL STUDIES


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The Recovery of Losses Occasioned by Corporate Crime – Suits against Officers Who Involve Their Company in a Crime
Citation: [1983] Sing JLS 271This article will seek to explore the possibilities open to a shareholder who wishes to recover money paid away by corporate officers in the commission of a crime. The word “crime” is used in a wider sense than its popular meaning connotes. Apart from acts commonly recognized as crimes (e.g., theft or bribery), it will be taken to include acts in contravention of some statutory provision that result in a sanction of some sort, e.g., using a company’s funds to finance the purchase of its shares. In a corporate context, this latter sort of “crime” is by far the more common. - Article
Some Aspects of Indefeasibility of Titles under the Malaysian Torrens System
Citation: [1971] Sing JLS 272 - Article
The Dimensions of Crown Privilege in Commonwealth Law: A Comparative Study
Citation: [1982] Sing JLS 275A striking example of the function of law in modern society, of reconciling the conflict of individual, public and social interests, is provided by the legal principles governing the exclusion of evidence on the ground of jeopardy to the State interest. The cardinal aspects of public policy which come into conflict in this area are (a) the public interest that harm should not be done to the nation or to the public service; and (b) the public interest that the administration of justice should not be frustrated by the withholding of documents which must be produced if justice is to be done. The body of evidentiary law which has been evolved in this regard by the Anglo-American legal tradition is founded on a compromise between divergent objectives of social policy. The purpose of this article is to offer a critical analysis of the foundations on which the prevailing doctrines and attitudes in Commonwealth jurisdictions are based. - Article
Regulation of Algorithmic Decision-making in China: Development, Problems and Implications
Citation: [2024] Sing JLS 276First view: [Sep 2024 Online] Sing JLS 1-30In China, algorithms have been increasingly used in many different sectors to facilitate analysis of massive data and optimise the decision-making process. While this approach brings significant benefits, the complex design of algorithmic models and the large scale of data involved pose serious challenges to the existing regulations. In response, China has gradually established a regulatory regime covering many areas of law, such as rules governing personal information protection and algorithm recommendation services, to oversee the development and use of algorithmic decision-making. However, China’s regulatory regime is not without its limitations. Drawing on the regulatory experience of overseas jurisdictions, including the EU, the US, the UK and Singapore, this paper makes some suggestions for improving Chinese regulations. It is worth considering formulating specific requirements for data used in algorithmic decision-making and complementing the existing regulatory regime with algorithmic audit mechanisms. China is also advised to strengthen private and public enforcement and incorporate the code of ethics into the governance structure of algorithmic decision-making. - Article
Regulating International Trade in Endangered SpeciesTranshipments of CITES-Listed Species via Singapore
Citation: [2016] Sing JLS 277A Singapore District Court recently considered certain key provisions of the Endangered Species (Import and Export) Act, before acquitting a local trading company charged with importing approximately 30,000 rosewood logs into Singapore. This article examines the decision, and argues for a purposive construction of these provisions that furthers Singapore's implementation of its obligations as a Party to the Convention on International Trade in Endangered Species ofWild Fauna and Flora. This is particularly pertinent considering Singapore's role as a significant transhipment hub for endangered species in combatting the illegal wildlife trade. The article also argues for greater international cooperation and coordination between CITES Parties in the design and implementation_x000D_ of their respective national legal frameworks. - Article
The Absence of a Sovereign Legislature and Its Consequences for International Law
Citation: [1970] Sing JLS 277 - Article
The Public Interest in Judicial Management
Citation: [2013] Sing JLS 278The public interest is a common, but rarely discussed, feature in insolvency processes. It features in both winding up and judicial management in Singapore, with statutory provisions that stipulate the public interest as a ground for invoking these processes. However, it is unclear from the legislative deliberations what specific purpose was envisaged by the public interest exception to the typical requirements for making a judicial management order. This article reviews the concept of the public interest in the context of insolvency law in general, and corporate rescue in particular. In the light of the objectives and principles of insolvency law, and the role of the public interest, it argues for a revised, more robust understanding of the public interest in judicial management and its interaction with receivership. - Article
Securities and Exchange Act: New Regulatory Regime of the Tha Capital Market_x000D_ The ASEAN Section
Citation: [1992] Sing JLS 278This report highlights the salient features of the new Securities and Exchange Act which is considered a significant development of the law relating to the Thai capital market. Among the features highlighted are the powers of the Securities and Exchange Supervision Commission, public offering, mutual fund, private fund management and criminal liabilities for the offences committed under the Act.