|751. ||JULY 1997 Issue|
|Book Review: Construction Law in Singapore and Malaysia (Second Edition) by Nigel Robinson, Anthony Lavers, George Tan & Raymond Chan|
Lee, Kiat Seng  Sing JLS 357 (Jul)
|752. ||JULY 1997 Issue|
|Book Review: Mallal's Digest - Index to Legal Periodicals of Malaysia and Singapore 1932 to 1995|
Phang, Andrew  Sing JLS 359 (Jul)
|753. ||JULY 1997 Issue|
|Book Review: Butterworth's Annotated Statutes of Singapore: Intellectual Property Law Annotated by Ng Siew Kuan|
Wong, Wai San Mary  Sing JLS 363 (Jul)
|754. ||DECEMBER 1996 Issue|
|The Rules of Courts, 1996|
Pinsler, Jeffrey D  Sing JLS 279 (Dec)
The Rules of Court, which came into effect in May 1996, combine the rules of the Supreme Court and the subordinate courts for the very first time. This article considers how this re-constitution was achieved, the consequences of this development, and the substantive changes which have been introduced in the context of the ongoing process of reform.
|755. ||DECEMBER 1996 Issue|
|Strict Liability in Criminal Law: A Re-Examination|
Hor, Yew Meng Michael  Sing JLS 312 (Dec)
The mens rea or mental element of crime exists in a spectrum of strictness. Strict liability is only one of many points in this spectrum. With this in mind, this articles examines some recent pronouncements on the reason for strict liability. It also discusses recent legislative attitudes towards strict liability and judicial views on the effect of presumptions of knowledge on the mental element of crime. Finally, a reconciliation between the contrasting approaches of the Penal Code and the Common Law is attempted, with the result that the courts are given maximum freedom to impose the appropriate mens rea where the Legislature has chosen not to specify what it is to be.
|756. ||DECEMBER 1996 Issue|
|Life Policies Under a Statutory Trust|
Yeo, Hwee Ying  Sing JLS 342 (Dec)
Under section 73 of the Conveyancing and Law of Property Act, the insured can easily create a trust of the life policy taken out by him. Unfortunately, however, problems often occur. Such a statutory trust has in many a case been unwittingly created by the life assured without his ever realising the full consequences of what he had done. The present article discusses how this unwarranted situation can arise (including the different kinds of interests thereby constituted) as well as how the resulting trust may drastically restrict the insured's rights and options under the policy.
|757. ||DECEMBER 1996 Issue|
|Breach of Statutory Duty - A Diminishing Tort|
Fordham, Margaret  Sing JLS 362 (Dec)
The tort of breach of statutory duty is currently in a somewhat precarious state. In England, the courts in recent years have shown a tendency to refuse claims for breach of statutory duty in almost all cases other than those involving issues of industrial safety. In Singapore, decisions have been reached in which it is doubtful whether the tort has been considered or applied at all. This article discusses the traditional approaches to the tort of breach of statutory duty, considers its present (and arguably unsatisfactory) position in the law, and examines the prospects for its future as a tort of diminished status and limited application.
|758. ||DECEMBER 1996 Issue|
|Small Claims Jurisdiction|
Soh, Kee Bun  Sing JLS 389 (Dec)
A special legal process for dealing with small claims was established in 1984. Under this process, a Small Claims Tribunal is conferred jurisdiction to hear and determine some disputes. The dispute settlement process adopted is simple and efficient. The tribunal is not bound by the rules of evidence. It is also not bound by the strict technicalities of the law. This article examines the important issue of what cases the tribunal should be allowed to determine.
|759. ||DECEMBER 1996 Issue|
|The Negative Pledge as "Security" Device|
Tan, Cheng Han  Sing JLS 415 (Dec)
The negative pledge clause has been in use for many years and is to be found in virtually all loan documents. The negative pledge clause usually seeks to protect the unsecured creditor by providing contractually that the debtor shall not, so long as any part of the indebtedness remains outstanding, create any security in favour of another creditor. It is also used to protect floating chargees by restricting the freedom which the chargor has to deal with the assets comprised in the floating charge. The efficacy of the negative pledge clause depends on a number of factors. In some instances, the negative pledge clause will improve the position of the unsecured creditor and the floating chargee. This "security" aspect of the negative pledge clause is discussed in this article.
|760. ||DECEMBER 1996 Issue|
|Sudden Fight: Life After Seow Khoon Kwee|
Lee, Kiat Seng  Sing JLS 442 (Dec)
Exception 4 to Section 300 of the Penal Code has had an interesting history. For many years, it remained shrouded in mystery, at least in the local context, in that there were not many illustrations as to how the Singapore courts would apply the Exception to a give fact situation. Even after the pronouncements of the Privy Council in Mohamed Kunjo v PP [ 1978] 1 MLJ 51, there were not many cases where the Singapore courts had the opportunity to follow up on the lead of the Privy Council. However, after the case of PP v Seow Khoon Kwee  2 MLJ 100, there has been a deluge of cases in which the courts have had the opportunity to apply sudden fight. This article attempts to scrutinise the local cases in order to determine the corpus juris with regard to sudden fight in Singapore.