
SINGAPORE JOURNAL OF LEGAL STUDIES


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Singapore Appeals to the Judicial Committee of the Privy Council – An Endangered Species?
Citation: [1985] Sing JLS 284With the recent abolition of appeals from Malaysia to the Privy Council, the time might now be ripe to consider whether appeals to that body should continue from Singapore. This article explores some of the issues which may influence any decision on the part of Singapore to abolish such appeals, and looks at possible changes which might be made within the existing system in preparation for eventual abolition. It concludes that abolition must, ultimately, be desirable for Singapore's legal development, but that there is nothing in the present state of affairs to justify the taking of precipitous action. - Article
Legal Education in Property Law at NUS: Some Reflections
Citation: [2017] Sing JLS 285The paper begins with the recognition that land is scarce in Singapore and looks at how Singapore responds to the situation. The property law course in NUS which has evolved over the years is then considered and is assessed to be what it is today as a result of careful and meticulous planning. The students' experience in the learning of property law has been enhanced and enriched by the Faculty's teaching and research in the subject. Going forward, property law legal education in NUS will continue to develop to meet the future needs of the legal community and Singapore. - Article
The Lemon Law and the Integrated Enhancement of Consumer Rights in Singapore
Citation: [2014] Sing JLS 285European in inspiration and British in design, the Singapore Lemon Law seeks to provide consumers with more effective redress against defective products. The 6-month presumption of non-conformity reverses the burden of proving the cause for a defect appearing within 6 months of delivery; in so doing, it places the burden of proof on the party better able to investigate the cause for the defect. The new statutory remedies of repair, replacement, rescission and price reduction add to the armoury of remedies and enhance the consumer's interest in the due performance of the contract. While constituting a distinct regime with its own norms and principles of operation, the Lemon Law draws on and interacts with the existing sales law and consumer protection law. This article examines the_x000D_ potential complexities arising from the integrative aspects of the Lemon Law and the adaptation issues arising from the interaction between the Lemon Law and the general law. - Article
Hong Kong’s Political Autonomy and its Continuing Struggle for Universal Suffrage
Citation: [2006] Sing JLS 285HongKong has faced tremendous transitions as the United Kingdom and China negotiated its political future which culminated in China's resumption of sovereignty over Hong Kong in July 1997. Whilst massive human rights violations in Hong Kong have not materialised after 1997, the autonomy as has repeatedly been promised to the people of Hong Kong by the British and Chinese governments has been eroded. We will assess whether Hong Kong is entitled to the right of self-determination under international law and, if so, what the right entails and whether and how it has been violated or implemented. We will then discuss how the ultimate aim of universal suffrage in Hong Kong continues to be diluted. Finally, we will examine the constitutional implications of the Standing Committee of the National People's Congress' power and use of interpretation of a law that is meant to be the ultimate law of Hong Kong. - Article
Recent Legal Developments in Indonesia_x000D_ The ASEAN Section
Citation: [1992] Sing JLS 285This report gives an outline of the more important recent legal developments in Indonesia. It covers the period from January 1990 to July 1991. The following topics included are bilateral agreements, ratification of international conventions, implementation of the 1958 New York Convention on Arbitral Awards, regulations issued by the Indonesian Government, capital market, deregulation packages, intellectual property and case law. - Article
Interest on Judgement Debts in Singapore
Citation: [1988] Sing JLS 285This article examines post-judgement interest, or interest on judgement debts. It is argued that such interest should be awarded at a rate that will encourage prompt payment, and that compensation for being kept out of money should not be the only consideration. The relevance of a contractually agreed rate is also considered, and it is argued that a contractually agreed rate should be applied even past the date of a judgment. - Article
The Reception of Trust in Asia Emerging Asian Principles of Trust
Citation: [2004] Sing JLS 287In common law jurisdictions, the trust is one of the most popular legal institutions for wealth management. Most civil law jurisdictions, however, have yet to embrace it. Debates continue as to the nature of the trust and its compatibility with indigenous legal concepts in civil law. The enactment of a domestic trust statute in China in 2001, and in major civil law jurisdictions in Asia (such as Japan, Taiwan and Korea) have demonstrated the practical importance of such debates in shaping trust legislation. Accordingly, this article seeks to take stock of the Asian approaches in receiving the trust, in the hope that insights can be drawn for the benefit of jurisdictions beyond Asia. The article first considers what the core features of the common law trust might be. Then, it looks at how these four jurisdictions adopt them, if not all, in their trust statutes and evaluates the advantages and disadvantages of the respective approaches. - Article
Wildlife Protection Laws in Singapore
Citation: [1991] Sing JLS 287This article examines the laws that protect wildlife in Singapore. It begins with an outline of the position at common law, which applied to Singapore prior to the enactment of local legislation. It then traces the history of local legislation, which began with the protection of Wild Birds Ordinance in 1884. The scope and the ambit of the present laws are examined and their inadequacies considered. Mention is made of recent conservation efforts, and the Endangered Species (Import and Export) Act, passed in 1989, which gives effect to the Convention on International Trade in Endangered Species of Wild Fauna and Flora. Finally, a call is made for improvements in existing laws, the urgent enactment of legislation to protect the marine eco-system and public education in matters of conservation. - Article
Navigational Safety, Oil Pollution and Passage in the Straits of Malacca
Citation: [1978] Sing JLS 287