|591. ||DECEMBER 2001 Issue|
|The Revenue Rule in the Conflict of Laws:Time for a Makeover|
Briggs, Adrian  Sing JLS 280 (Dec)
An ancient rule of the conflict of laws holds that a court will not enforce the revenue law of a foreign country. It is capable of producing peculiar results, especially when it is recalled that there is no equivalent bar to the recognition of a foreign revenue law and the line which separates the two techniques is far from bright. Moreover, it produces manifestly unsatisfactory results when a fraudster, looter, or smuggler deploys it as a meretricious shield against an investigation of the illegality of his conduct. This paper attempts to ask where existing law might have gone wrong, and whether it might yield to a spot of gentle reinterpretation, by drawing on the broader doctrines of the common law conflict of laws in the hope of producing more rational results.
|592. ||DECEMBER 2001 Issue|
|Wrong and Remedy: A Sticky Relationship|
Wright, David  Sing JLS 300 (Dec)
This article critiques Birks' "The Law of Unjust Enrichment: A Millennial Resolution." It attempts to articulate the problems inherent in Birks' proposed taxonomy for today's legal system. It puts forward an alternative model of the relationship between wrong and remedy - allowing for flexibility and the concept of appropriateness. Wrong and remedy are not completely independent from each other. They exist in a "sticky" relationship that guides the relief granted in each situation. A hard and fast taxonomy is doomed to failure. This article presents a solution to this problem where taxonomy is based on a loose and dynamic federation of remedies.
|593. ||DECEMBER 2001 Issue|
|Refining the Share Buy-Back Regime in Malaysia|
Low, Chee Keong  Sing JLS 325 (Dec)
The enactment of section 67A to the Companies Act of Malaysia allows its publicly listed companies to buy-back their own shares. This was seen as necessary to provide for a stabilization of the supply and demand, as well as the price, of shares that are listed on both the Kuala Lumpur Stock Exchange and the Malaysian Exchange of Securities Dealing and Automated Quotation. However, although apparently simple in its presentation, section 67A contains a number of unresolved enigmas. This article examines the regulatory framework with respect to share repurchases by listed companies in Malaysia. It commences with an overview of the legal and economic rationale for share buy-backs before proceeding to discuss the pertinent features of the current framework and drawing comparisons with other jurisdictions. The article thereafter elaborates upon specific proposals that are necessary to address the shortcomings that are identified. It concludes with a summary of the principal recommendations which will simultaneously simplify the existing framework as well as enhance the protection of shareholders and creditors of the company.
|594. ||DECEMBER 2001 Issue|
|Confirming the Parting of Ways: The Law of Bias and the Automatic Disqualification Rule in England and Australia|
Field, Andrew  Sing JLS 388 (Dec)
Despite the well stated differences between the "real danger" and the "reasonable apprehension" of bias tests as employed by English and Australian courts respectively in determining when a judge should be disqualified by reason of bias, the method of implementation of the latter test over the last decade poses the question whether the differences are more apparent than real. Rather, it is the recent rejection by the High Court of Australia in Ebner v Official Trustee in Bankruptcy of the "automatic disqualification" rule as set out by the House of Lords in R v Bow Street Metropolitan Stipendiary Magistrate; Ex parte Pinochet Ugarte (No 2) which more clearly marks the differences between the jurisdictions in this area of the law.
|595. ||DECEMBER 2001 Issue|
|Evidential Privilege: Sacrifice in the Search for Truth|
Hor, Michael  Sing JLS 410 (Dec)
The decision of the High Court in PP v Knight Glenn Jeyasingam contains what is probably the most important discussion of the law of privilege in recent years. A plea negotiation privilege was brought into existence, without express statutory sanction, through the medium of "purposive interpretation". This article uses this decision as a springboard to discuss the two core issues in the law of privilege - the determination of whether a privilege should exist at all, and the task of marking the boundaries of an existing privilege. The meaning of "purposive interpretation" in the context of a clash between contending and incompatible social values -the integrity of the judicial fact-finding process and the value sought to be protected by the privilege - is explored.
|596. ||DECEMBER 2001 Issue|
|Mandatory Bid Rule: Impact of Control Threshold on Take-over Premiums|
Lan, Luh Luh & Ho, Yew Kee & Ng, See Leng  Sing JLS 433 (Dec)
This paper looks at the recommendation by the Securities Industry Council to revise the mandatory bid threshold in the Singapore Code on Take-overs and Mergers from the present 25% to a higher level. It is suggested that the price formation process in Singapore be studied and the welfare implications of such changes be considered before embarking on such revisions.
|597. ||DECEMBER 2001 Issue|
|The Present and Future of Provocation as a Defence to Murder in Singapore|
Chan, Wing Cheong  Sing JLS 453 (Dec)
The practice of the local courts in relation to provocation as a partial defence to murder has hitherto been to follow the developments of the defence in English law. This article seeks to examine some of the recent developments from England and other parts of the Commonwealth, assess the current state of our law in Singapore, and discuss whether these developments ought to be followed locally.
|598. ||DECEMBER 2001 Issue|
|Tenure in Employment|
Chandran, Ravi  Sing JLS 475 (Dec)
Educational institutions exist to serve the public good as centres for the transmission of knowledge and as places where new knowledge can be created or discovered. In order to achieve these goals, academic freedom, that is the freedom to teach what one believes to be the truth and the freedom to conduct research wherever it may lead to, is absolutely crucial. Tenure guarantees such freedom. In addition, tenure gives staff the opportunity to embark on long-term research that may not produce immediate results. In light of these reasons, universities, polytechnics as well as certain other organisations involved in higher education, often grant tenure to their staff upon the fulfillment of certain criteria. The aim of this note is to examine what is meant by the term tenure in the Singapore context. This is because, while tenure is quite commonly granted in the context of some educational institutions in Singapore, the exact legal meaning of it tends to be fuzzy. The note also makes some comparisons to the position in America in this regard.
|599. ||DECEMBER 2001 Issue|
|Singapore Crimes Abroad|
Lim, C. L.  Sing JLS 494 (Dec)
|600. ||DECEMBER 2001 Issue|
|Book Review: Partnership Law in Singapore by Yeo Hwee Ying|
Furmston, Michael P  Sing JLS 537 (Dec)