This article outlines the present land system in the People's Republic of China. It explains the difference between land ownership and land use rights. It also discusses problems related to land use rights over state-owned land.

Any lawyer who knows anything about the law relating to insurance will be familiar with the concept of insurable interest. In England, this requirement, in the context of general insurance, is imposed by the Life Insurance Act 1774. The provisions which relate to insurable interest do not just reproduce he English position. There are material differences between the English and the local positions. It is the aim of this article to explore the possible implications of these differences and to attempt to make suggestions as to the local legal position.

Bankruptcy processes are an integral part of any financial system; they provide an escape path for people burdened by problem debt, whilst also allowing businesses some level of clarity on the recovery of sums unpaid. Bankruptcy does however have a number of significant and longterm consequences for the debtor, and creditors are unlikely to have their accounts repaid in full. There has therefore been an increasing focus on the development of bankruptcy alternatives-allowing individuals to be released from debts without the strict processes and consequences of formal bankruptcy, whilst also maximising the returns to creditors. In Singapore, a wide variety of bankruptcy alternatives have developed, and indebted individuals can now make an educated choice based on their personal situation. This article analyses the different bankruptcy alternatives in Singapore, highlighting the benefits and detriments of the processes available and outlining some potential reforms to provide a comprehensive and accessible regime.

In Part I of this two-part article, the scope of the best evidence rule, both as it is understood at common law and as it is embodied in the Evidence Act, is clarified. Detailed consideration is particularly given to one of the expressions of the best evidence rule, namely, section 93. Part II will continue with a discussion of the inherent limitations in section 93 as opposed to its exceptions which are set out in section 94. The contention and demonstration that the Evidence Act is deficient in the treatment of mechanical, electrical and electronic recordings of relevant facts completes Part II.

The concept of 'distinctiveness' in the Singapore Trade Marks Act 1999 plays a very important role as gate-keeper of what should be entered unto the trade mark register. For this reason, there must be proper understanding of how the statutory provisions on distinctiveness work. The aim of this article is to unravel the knots in these provisions, and to propose a construction of these provisions that furthers the policy underlying the distinctiveness requirement - namely, publici juris.

It is easy to think of the corroboration rules as a thing of the past – something which in a few years will no longer plague the law of evidence. Yet we must not forget the apparently intractable problem which they were designed to deal with – that of oath against oath, one person's word against another. Both historically and presently, the law has had to struggle with a choice between a regime of rules or a system of discretion; and the result is a fascinating compound of rule and discretion.

Under Singapore's Westminster derived parliamentary government system, the President as the ceremonial head of state possessed very limited residual discretionary powers. The Constitution, incorporating British convention, requires the President to act in accordance with Cabinet advice. Come 1991, Singapore remained a dominant one party state with untrammeled power reposed in the Cabinet. By constitutional amendment, the presidency was transformed into an elective office vested with certain negatively couched discretionary powers to check the powerful parliamentary executive. This article examines the development of the institution and the major amendments which have taken place pertaining to the elected presidency since its inception. It assesses the extent to which the presidency has effectively "clipped the wings" of the government that created it. In particular, the first constitutional reference heard on March 17, 1995 under the newly created Article 100 tribunal is discussed.

This paper concerns the legal framework governing non-party access to court records in Singapore. It provides a brief comparative study of the access frameworks in Australia and the UK. From this comparative analysis, guiding principles and procedures are distilled to facilitate suggestions on how Singapore's current access regime may be reformed. Open justice and the freedom of information and expression may be fundamental principles, but they do not mandate an unquestioned right of access to judicial records as the interests of justice may be served by both disclosure and non-disclosure. Both principles must be balanced against competing considerations, such as confidentiality and the right to a fair trial. An access regime is not built on open justice alone. It must adeptly reconcile all the competing factors in a manner which best secures the proper administration of justice.

The European Union Data Protection Directive requires member states to place restrictions on transfers of personal data to countries that cannot guarantee an adequate level of data protection. Countries that do guarantee adequate protection enjoy a smooth business environment and an enhanced ability to participate in trade. In this paper I examine the adequacy of Singapore's data protection regime, and in particular the Model Data Protection Code. I suggest various amendments to the regime to enable Singapore to meet the Directive requirements. To carry out the assessment, I use a framework developed by the Article 29 Working Party, the body that in practice carries out the official adequacy assessments for the EU.

The recent rejection by the drought-stricken Southern African countries of genetically modified ("GM") food donated by the United States mainly on safety grounds and the divergent scientific views on the propriety of their objection, have rekindled the debates on public health implications of GM food consumption and cast shadows on agricultural biotechnology's prospects. This paper examines the disparate scientific views on GM food safety, the place of consumer's choice, legal, and ethical issues in GM food governance in the context of Singapore, which relies entirely on food imports.