|121. ||MARCH 2017 Issue|
|Issue Estoppel Created by Consent Judgments: Dissonance Between the Principles Underlying Settlements and Court Decisions|
Dorcas Quek Anderson  Sing JLS 100 (Mar)
This article discusses the application of the concept of issue estoppel to consent judgments. Four High Court decisions have reached conflicting conclusions on this topic and created considerable conceptual difficulties. The article discusses the underlying reasons for the differences in these decisions, focusing on the dissonance brought about by the conventional policies underlying issue estoppel and the differing policy concerns applying to consent judgments. The article recommends that the courts take into account the unique nature of consent judgments, and use a modified test of issue estoppel for consent judgments. It also suggests that the extended doctrine of res judicata is much more appropriate for consent orders.
|122. ||MARCH 2017 Issue|
|Attribution of Liability Between Parent and Subsidiary within a Single Economic Entity: The Singapore Experience|
Joshua Seet  Sing JLS 124 (Mar)
Competition law principles in Singapore provide that a company may be liable for the conduct of another company if they belong to a single economic entity, even though they each have a separate legal personality. The CCS has used this doctrine to hold parent companies liable for the actions of their subsidiaries, and vice versa. This article discusses this process of attribution, and proposes several clarifications that may be helpful to strengthen the doctrine.
|123. ||MARCH 2017 Issue|
|The Trust Statutory Exception to Indefeasibility in the Singapore Torrens System|
Teo Keang Sood  Sing JLS 151 (Mar)
This article seeks to argue for the inclusion of constructive trusts as a statutory exception to indefeasibility in the LTA given the persistent uncertainty surrounding this issue. Among others, it is argued that constructive trusts are already recognised in the LTA, albeit indirectly. In addition, the Court of Appeal in Bebe may not be right in its consideration of section 47(3) of the LTA and the earlier Court of Appeal decision in Betsy Lim which applied the constructive trust. In any event, recognising constructive trusts as a statutory exception does not go against the policy objectives of the Singapore Torrens system as embodied in the LTA.
|124. ||MARCH 2017 Issue|
|Object Restrictions in Singapore Competition Law|
Benjamin Wong YongQuan  Sing JLS 169 (Mar)
Singapore competition law prohibits agreements that have as their object the restriction of competition. Recent developments, both in Singapore and abroad, have had a significant impact on this aspect of competition law. This article discusses the law on object restrictions in Singapore in light of these recent developments, and offers three recommendations on the same.[Full Text]
|125. ||MARCH 2017 Issue|
|Book Review: Criminal Law in Myanmar by ChanWing Cheong, Michael Hor, Mark McBride, Neil Morgan and Stanley Yeo, eds|
Ian Leader-Elliott  Sing JLS 192 (Mar)
Criminal Law in Myanmar deserves a far wider audience than its title suggests. The authors propose an ambitious reform of the Penal Code (The Myanmar Code,Volume VIII, Part IX) [Myanmar Penal Code], which is a copy with minor variations of the Penal Code 1860 (Act No 45 of 1860, India) [Indian Penal Code]. Myanmar, Burma as it was then, inherited the Indian Penal Code in 1886 together with the Code of Penal Procedure 1861 (Act No 24 of 1861, India) and the Evidence Act 1872 (Act No 1 of 1872, India). The Indian Penal Code was based on Thomas Macaulay's draft Penal Code of 1837 which, after long delay and revision by the Indian Law Commission, became law in India in 1860. The Indian Penal Code has been retained, its fundamental structure unchanged, in post-colonial Asian nations. The authors' proposals for reform are offered accordingly as a model for renovation of the Penal Codes of India, Malaysia and Singapore as well as Myanmar.
|126. ||SEPTEMBER 2016 Issue|
|Twenty Years (and More) of Controlling Unfair Contract Terms in Singapore|
Sandra Booysen  Sing JLS 219 (Sep)
The Unfair Contract Terms Act and s 3 of the Misrepresentation Act were formally adopted from the UK into Singapore in November 1993. The Consumer Protection (Fair Trading) Act followed about ten years later. This article discusses how these statutes have operated, primarily by examining how they have been applied in the case law, and reflects on their modus operandi and capacity to promote contractual fairness.
|127. ||SEPTEMBER 2016 Issue|
|On the Obtaining and Admissibility of Incriminating Statements|
Ho Hock Lai  Sing JLS 249 (Sep)
Effectiveness in crime control has been a dominant concern in regulating police interrogation and the admissibility of statements obtained from suspects in Singapore. This will be illustrated by an examination of three main topics in this area: (i) the suspect's right of silence and privilege against self-incrimination; (ii) the tests for the admissibility of his statements to the police; and (iii) the judicial discretion to exclude statements obtained wrongfully from him by the police. Crime control ideology has been used by officials to justify erosion or weak enforcement of the suspect's rights and is manifested in judicial sensitivity towards compromising the efficacy of police investigation. But the interest in crime control and the interest in due process are not as diametrical as they are often made out to be. Informed evaluation of the official discourse requires recognition of the complexity of the choices that have to be made.
|128. ||SEPTEMBER 2016 Issue|
|Regulating International Trade in Endangered Species&#151;Transhipments of CITES-Listed Species via Singapore|
Burton Ong, Lye Lin Heng and Joseph Chun  Sing JLS 277 (Sep)
A Singapore District Court recently considered certain key provisions of the Endangered Species (Import and Export) Act, before acquitting a local trading company charged with importing approximately 30,000 rosewood logs into Singapore. This article examines the decision, and argues for a purposive construction of these provisions that furthers Singapore's implementation of its obligations as a Party to the Convention on International Trade in Endangered Species ofWild Fauna and Flora. This is particularly pertinent considering Singapore's role as a significant transhipment hub for endangered species in combatting the illegal wildlife trade. The article also argues for greater international cooperation and coordination between CITES Parties in the design and implementation of their respective national legal frameworks.[Full Text]
|129. ||SEPTEMBER 2016 Issue|
|Between Judicial Oligarchy and Parliamentary Supremacy: Understanding the Court's Dilemma in Constitutional Judicial Review|
Tan Seow Hon  Sing JLS 307 (Sep)
This article considers the dilemma that constitutional judicial review presents to the most wellmeaning of judges&#151;that of navigating the narrow and difficult road between parliamentary supremacy and judicial oligarchy. It examines the Singapore Court of Appeal's delineation of legal and extra-legal considerations in view of Ronald Dworkin's theory of adjudication in determining the constitutionality of s 377A of the Penal Code in Lim Meng Suang v Attorney-General  1 SLR 26 (CA). It proposes an alternative natural law approach to constitutional judicial review based on Radbruch's formula, which helps courts to avoid the pitfalls of judicial idiosyncrasies and usurpation of legislative mandate while staying true to constitutionalism.[Full Text]
|130. ||SEPTEMBER 2016 Issue|
|Case and Legislation Notes: Winding-Up of a Foreign Company on the Just and Equitable Ground|
Alexander Loke  Sing JLS 336 (Sep)
Yung Kee Restaurant on Wellington Street in Hong Kong is justly famous for the delicious goose it serves to hungry diners beating a path to its doors. In Re Yung Kee Holdings Ltd (CFA), the family which founded Yung Kee Restaurant and has operated the restaurant for three generations served up a seminal case involving how a court should approach a petition to wind up an unregistered foreign company on the just and equitable ground. Petitions to wind up such foreign companies tend to be creditor petitions on the ground that a company has not been able to pay its debts. Yung Kee Holdings Ltd ("the Company") was an ultimate holding company, and was incorporated in the British Virgin Islands ("BVI"). The famous restaurant, various properties and other business interests were held by Hong Kong entities, and were indirectly held by the subject company through another intermediary BVI company, Long Yau Ltd. In granting the petition to wind up the Company, the Hong Kong Court of Final Appeal signed the order for the present restaurateurs to sing their swan song.