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|81. ||MARCH 2019 Issue|
|Merrill and Smith's Intermediate Rights Lying Between Contract and Property: Are Singapore Trusts and Secured Transactions Drifting Away from English Law Towards American law?|
Hans Tjio  Sing JLS 235 (Mar)
This article analyses intermediate rights lying between contract and property described by Merrill and Smith and the disclosure and protective strategies they suggest the law has adopted to deal with them. It finds their views confirmed by recent developments in the Singapore law of trusts and secured transactions. For the former, the nascent recognition that a beneficial interest is "a right against a right" has given it the flexibility to deal with both family and commercial trusts by weakening the property-based beneficiary principle and recognizing the separate entity of the trust fund. In the latter, Singapore courts are characterizing more unusual forms of security as a registrable floating charge that is not seen as a proprietary interest. The move towards more function as opposed to form here may reflect a continental drift away from English law towards American law as Singapore adapts to Chapter 11 type provisions introduced in May 2017 into its corporate restructuring legislation.[Full Text]
|82. ||MARCH 2019 Issue|
|Case and Legislation Notes: Surrogacy, Child'sWelfare, and Public Policy in Adoption Applications&#151; UKM v Attorney-General|
Tan Seow Hon  Sing JLS 263 (Mar)
This case note discusses the Singapore High Court case of UKM , in which an order was granted to a gay man to adopt his biological son conceived through a gestational surrogacy arrangement in the United States. In particular, the High Court's assessment of the welfare of the child and of public policy, in light of two factors&#151;the prohibition of male homosexual acts in section 377A of the Penal Code and the de facto curtailment of domestic surrogacy by Singapore's restrictive rules relating to the use of assisted reproduction technology services&#151;will be examined.[Full Text]
|83. ||MARCH 2019 Issue|
|Case and Legislation Notes:The Law on Deposits: Unresolved Issues&#151; Hon Chin Kong v Yip Fook Mun|
Wong Wen Jian  Sing JLS 274 (Mar)
The law on deposits in Singapore was recently clarified in Hon Chin Kong v Yip Fook Mun . The court provided a comprehensive framework for payers seeking repayment of sums paid to payees, which should provide clarity and certainty to contractual parties. Indeed, it is now clear that a "true deposit" may be forfeited by the payee. However, the current state of the law has unresolved issues, especially in relation to the interaction of the law on deposits with the penalty rule. This is particularly so in light of the significant developments with respect to the penalty rule in the UK in recent years. It is thus appropriate to examine the decision in Hon Chin Kong , and the possible solutions to these unresolved issues. It is proposed that moving forward, forfeiture of part payments and deposits should be dealt with under the penalty rule, especially if Cavendish is adopted in Singapore.
|84. ||MARCH 2019 Issue|
|Book Reviews: Autonomous Vehicles and the Law: Technology, Algorithms and Ethics by Hannah Yee Fen Lim, ed|
Daniel Seng  Sing JLS 286 (Mar)
Of all the technologies that are wrought with the advent of artificial intelligence ("AI"), nothing captures both its potential and its dangers more than its use in autonomous vehicles ("AVs"). AVs have been touted as having the potential to radically transform a nation's transport system by addressing manpower challenges, easing traffic congestion and reducing traffic fatalities. The various trials of Avs in the form of cars and shuttles on public roads, parks and research institute grounds and the retail availability of self-driving Tesla vehicles have further captured the public imagination. Much has been made in the media about accounts where Teslas have saved their inattentive drivers from near fatal accidents and driven their incapacitated drivers to hospitals. Less, however, has been said about the accidents involving Avs that have caused driver and pedestrian fatalities.
|85. ||SEPTEMBER 2018 Issue|
|Special Feature: Professor Lionel Sheridan in Conversation|
Kevin YL Tan  Sing JLS 1 (Sep)
The following is an edited transcript of a filmed interview I did with Professor Lee Sheridan on 29 December 2014 at his home in Cardiff, Wales. I first met Sheridan back in 1985 when I was a law student at the Faculty of Law, National University of Singapore. At the time, I worked through the Law Club to launch a series of lunch-time lectures and talks and through the good offices of Professor Tommy Koh, was able to invite Sheridan to deliver one of these talks. Over the years, I have had many correspondences and interviews with Sheridan. As a result, parts of this particular interview sound like half-finished conversations from an earlier time. I decided to leave them be, rather than edit them out as it gives the reader a better 'feel' of the Sheridan charm and mystique. I do not cover the entirety of Sheridan's academic life or work as that has already been comprehensively documented in Andrew Phang, 8220;Founding Father and Legal Scholar: The Life andWork of Professor LA Sheridan"  Sing JLS 335. What follows is a recollection of the early days of Sheridan's life and of his journey to Singapore to establish its first law school.
|86. ||SEPTEMBER 2018 Issue|
|Enforcing Unjust Enrichment Rights: The Recovery of Mistaken Payments in Practice|
Rachel Leow  Sing JLS 22 (Sep)
This article examines the recoverability of mistaken payments made by bank transfer in practice in Singapore. It is now clearly established under Singapore law that a mistaken payor has a claim in unjust enrichment to recover his mistaken payment. However, it is not so easy for the mistaken payor to enforce his rights. In Singapore, this problem is particularly acute because of bank privacy laws in Singapore which make it difficult for a mistaken payor to discover the identity of the payee. Yet, without the ability to effectively enforce one's unjust enrichment rights, having those rights themselves is of little practical value. The article then proposes a simple way to make it significantly easier and cheaper for mistaken payors to enforce their unjust enrichment rights: by expanding the jurisdiction of the Small Claims Tribunal to encompass these claims. Doing so would enhance access to justice and should be warmly welcomed.
|87. ||SEPTEMBER 2018 Issue|
|Agency Reasoning&#151;A Formula or a Tool?|
Francis Reynolds and Tan Cheng Han  Sing JLS 43 (Sep)
Holmes expressed doubts about the viability of Agency as a subject. This paper suggests that the law of Agency has a valid central core providing for the external powers of agents and their internal relations with their principals, surrounded by a considerable number of areas where agency principles are applied, but incompletely. There is a progression from the more central cases to situations where the agency analogy is weak or even sometimes misleading. In these extended applications it can be said that agency reasoning is only a tool requiring to be used with caution or even not used at all: but when the tool is acceptably used, features of the core of agency reasoning are still recognisably present.[Full Text]
|88. ||SEPTEMBER 2018 Issue|
|Liability of Directors for Criminal Breach of Trust: Recovering a Lost Interpretation|
Tan Yock Lin  Sing JLS 57 (Sep)
Dishonest breach of trust by company directors was proscribed under section 405 of the Penal Code from inception. From this fundamental orientation departing from the English piecemeal treatment of embezzlement, false pretences and conspiracy to defraud, the article exposes differences in the way director's breach of trust is dealt with under section 405 and under the English statutory offence of embezzlement. Taking into account important backdrop perspectives which bear on the construction of section 409 as a punishability provision, it reaches conclusions opposite to the holding of the Court of Appeal in Lam Leng Hung (CA) . One is that directors who commit dishonest breach of trust acting within the scope of authority fall to be punished more severely under the second agency-limb of section 409. Directors who knowingly act without authority in the company's name also do so but under the first limb. Finally, directors who misappropriate company property for personal use or benefit do not fall within section 409 and are punishable exclusively under section 406.[Full Text]
|89. ||SEPTEMBER 2018 Issue|
|Disposal of Common Property in Strata Schemes|
Teo Keang Sood  Sing JLS 85 (Sep)
The legislative framework on dispositions of common property in the BMSMA is not entirely clear on the powers of a management corporation to permanently discard common property. This presents practical difficulties especially where it is inappropriate to undertake renewal or replacement of the same given the circumstances. Section 29(1)(d) of the BMSMA does not appear to confer such a power of disposal. This can be seen from the Hansard pertaining to the amendments made to this provision. Given the uncertainty engendered by the amendments themselves, the implications arising from case law and the relevant legislative provisions are considered, including the New SouthWales' experience on the matter.
|90. ||SEPTEMBER 2018 Issue|
|Penalty Clauses: Lessons from Australia and England and Possible Legislative Reforms|
Wong Wen Jian  Sing JLS 104 (Sep)
The law on penalty clauses has, until recently, remained largely unchanged, with only minor developments over the years. However, there have been significant developments in both Australia and England and Wales in recent times. Singapore's position on the penalty rule has remained unchanged despite these developments. While some High Court authorities in Singapore have suggested that they are inclined towards adopting the developments seen in England and Wales, such a step should only be taken after careful consideration of the implications of these developments which are explored in this article. This article takes the opportunity to examine and evaluate the law on penalty clauses in various jurisdictions and discusses the key issues surrounding the law on penalty clauses, and the possible legislative reforms for Singapore.