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SINGAPORE JOURNAL OF LEGAL STUDIES

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  • Journal Result

  • Article

    Technology, People and New Equity

    Citation: [1986] Sing JLS 1
    Developments in equity are often attributed to judges who decide leading cases. Other people have claims to be recognised as innovators, such as counsel, law-breakers and scientists. If the two great recent developments in equitable remedies, the Anton Piller order and the Mareva injunction, can be put down to technology, it is not the research scientists or inventors, but the developers of mass production, who have been most significant.
  • Article

    The Origins of the 1982 Convention on the Law of the Sea

    Citation: [1987] Sing JLS 1
    Nine years after it began, the Third UN Conference on the Law of the Sea adopted the UN Convention On The Law Of The Sea on 30 April 1982. This article, the first in a series of three, traces the evolution of the law of the sea. In the beginning there was chaos. Out of the chaos, an international legal order, based upon a three-mile territorial sea, gradually emerged. In time, this order was increasingly challenged by unilateral claims of coastal states. Faced with the threat of legal chaos, the international community decided, in 1970, to convene the Third UN Conference on the Law of the Sea in an attempt to build a new international legal order for the sea.
  • Article

    The Exclusive Economic Zone

    Citation: [1988] Sing JLS 1
    This is the third of three articles dealing with aspects of the 1982 Convention On The Law Of The Sea. This article discusses the evolution of the concept of the Exclusive Economic Zone, its basic principles and legal status. The article also discusses the conservation, management and exploitation of the fishing resources in the EEZ. The negotiating process leading to the adoption of the provisions in the convention relating to the EEZ is also discussed.
  • Article

    Discovery in Criminal Cases: Disclosure by the Prosecution in Singapore and Malaysia

    Citation: [1989] Sing JLS 1
    This article attempts to describe, critically, the extent of disclosure by the prosecution authorities of evidence - whether intended to be used in summary and High Court criminal trials, or left unused - to the criminal defendant. Disclosure is studied at the pre-trial, preliminary inquiry, and trial stages. It is argues that whatever disclosures are made, by law or practice, are inadequate and unsatisfactory, that increased disclosure would be more consistent with the courts' duty to ensure a fair trial for an accused person, and that an official review of this area is overdue.
  • Article

    The Spycatcher Saga: Its Implications and Effect on the Law of Confidence

    Citation: [1990] Sing JLS 1
    This article provides a discussion of the Spycatcher litigation in England and Australia and also attempts to highlight the grey areas in the law of confidence and to discuss the extent of clarification brought about by the case. Copyright issues are also dealt with.
  • Article

    Reflections on Letters of Comfort

    Citation: [1991] Sing JLS 1
    Does a letter of comfort constitute a promise enforceable against its issuer or is its effect confined to the creation of a moral rather than a legal obligation? This question arises in modern trade mainly because businessmen frequently fail to reach a consensus in their bargains about the nature of the letter of comfort to be issued as collateral. The object of this article is to compare the answers given to the question in English and Australian cases with the solution provided in civil law countries.
  • Article

    Reform of the Law of Nullity in the Women’s Charter

    Citation: [1992] Sing JLS 1
    The High Court of Singapore has decided that a female transsexual who undergoes a sex change operation to become a man has no capacity to marry under the Women's Charter. This controversial decision leads one to ask whether the law of nullity is in need of reform. The article critiques the decision and suggests the view that post-operative transsexuals do have the capacity to marry in their new sex. It also discusses other problems in the law of nullity and suggests improvements.
  • Article

    The Credit & Charge Card Transaction : Is it Moneylending?

    Citation: [1993] Sing JLS 1
    An increasing number of credit and charge cards are issued every year. It has been reported that there are currently 1.01 million cards in circulation (Business Times, 12 October 1992) in Singapore. Is a credit or charge card transaction one of money lending? If so, does it fall within the Moneylender's Act? Would card issuers be in breach of the Act if they are not registered as moneylenders under the Act? These issues are considered in this article. The topic of moneylending is also examined. It is argued that the Moneylender's Act is an archaic legislation that needs review. In this review, it is suggested that the part of the UK Crowther Report on Consumer Credit which recommended that a new and comprehensive regime be introduced to replace the present piece-meal approach be seriously considered.
  • Article

    The Definition of Murder under the Penal Code

    Citation: [1994] Sing JLS 1
    This article examines the law of murder under the Penal Code of Singapore. It looks at the law in a comparative and historical context. It argues that the definition of murder is based on a fine balance between objective and subjective factors and that this balance should not be upset by the courts. It questions the more frequent resort that is being made to section 300(c) in the drafting of charges for murder.
  • Article

    The Demise of the Rule in Rylands v Fletcher?

    Citation: [1995] Sing JLS 1
    This article examines the rule in Rylands v Fletcher, and considers the prospects for its future role in tort law in the light of two recent decisions, one by the House of Lords in England, and one by the High Court of Australia, both of which suggest that its continued existence as a separate tort cannot be justified.