Law In Singapore Research Articles

PERLINDUNGAN PEREMPUAN PADA PENERAPAN SANKSI PIDANA HUKUM KELUARGA DALAM ADMINISTRATION OF MUSLIM LAW ACT 1966 SINGAPURA

This article discusses the protection of women based on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in the application of criminal sanctions under the Administration of Muslim Law Act 1966 (AMLA) in Singapore. The research aims to analyze to what extent criminal sanctions in Islamic family law in Singapore have met the standards of women's protection set forth by CEDAW. This study employs a literature review approach using a gender justice perspective on women's protection as defined by CEDAW. The research findings indicate that the implementation of criminal sanctions under AMLA represents a significant step in safeguarding women. The criminal sanctions applied within AMLA provide legal assurance for women who experience violations within the context of family law, such as domestic violence, unlawful marriages, or the neglect of women's rights in divorce.

Aging and the Law in Singapore and Japan: Adult Guardianship and Other Alternatives

ABSTRACT Comparative adult guardianship law and other alternatives, especially in an Asian context, is an under-investigated area. This paper attempts to fill the gap in the literature by comparing the adult guardianship law and other alternatives from the perspectives of Singapore and Japan. The central argument of this paper is that in order for the law of adult guardianship to be widely adopted in Asian societies like Singapore and Japan - where much of adult guardianship related issues are governed by informal familial arrangements; this would require governments to do more than the mere enacting of adult guardianship legislation. To encourage widespread adoption, governments must embark on a robust public awareness campaign to promote the adult guardianship scheme, provide institutional support, and simplify the process for people wishing to sign up to the scheme and enact the appropriate safeguards against abuse. Such conditions are present in Singapore, whereas in Japan, these are lacking which explains the lower take-up rate with Japanese people preferring informal arrangements. Another key difference between Singapore and Japan is that the former relies primarily on family and relatives to act as adult guardians, while the court in the latter jurisdiction insists on the appointment of professionals like lawyers to act as adult guardians. It is surmised that this factor explains the lower take-up rate of formal adult guardianship in Japan as compared to Singapore due to the costs involved in engaging professional guardians. This paper also explores the alternatives to adult guardianship in both systems. Alternatives to formal adult guardianship is important because there will be a substantial portion of the population of older adults who would prefer these alternatives for various reasons.

Compensation Thresholds for Collective Sales: Singapore & Australia Compared

AbstractStrata titles are a critically important Australian legal export. New South Wales’ (NSW) strata legislation has been particularly influential, having been adopted in numerous jurisdictions, including Singapore in 1967. As a statutory framework, strata law solves the problem of ‘floating freeholds’ by creating indefeasible ownership of individual units in a building, guides owners in managing the development, and sets out the dispute resolution process when disagreements occur.In an increasing number of jurisdictions (including Singapore and three states in Australia), strata legislation also enables the strata scheme to be terminated and sold for redevelopment where the requisite majority, as opposed to an unanimity of subsidiary proprietors’ consent to the sale. Strata law imposes compensation thresholds that must minimally be paid to dissenting owners. In Singapore, the rule is that no minority owner should suffer a ‘financial loss,’ while in NSW and Western Australia (WA), this amount is pegged to what the owner would theoretically have obtained had the unit been acquired compulsorily by the state. In this article, I compare strata law in Singapore, NSW, and WA in relation to compensation thresholds and explain why the Australian market value standard should also be adequate to compensate unit owners in Singapore.

Conceptualizing condominium law and children: comparing the state of strata titles law in New South Wales and Singapore

PurposeThis paper aims to adopt a comparative method using case law, statutes and secondary literature across both jurisdictions. This paper also draws on various theories of property ownership.Design/methodology/approachThis paper conceptualises the legal relations embedded within condominium housing and the various theories of property ownership to ascertain how children’s interest fit within this framework. The laws of two jurisdictions, New South Wales and Singapore, are examined to determine how their strata law responds when children’s safety is at stake.FindingsDrawing on pluralist moral theories of property law, the thesis advanced is that children’s issues within condominiums should not be subject to majoritarian rule especially when their safety is at stake. The paramount guiding value should be ensuring their safety within multi-owned housing communities. Using the law of two jurisdictions, New South Wales and Singapore, the central argument of this paper is that the law in these jurisdictions has rightfully adopted a protective approach towards children in multi-owned properties where their safety is at stake.Originality/valueThe literature on the law of multi-owned housing has largely focused on governance issues such as mediating between the majority owners’ interest with that of the minority owners’ interest. Children in multi-owned developments remain an under investigated area as children’s interests do not fit within the paradigm of majority versus minority interests. The paper advances the argument that children’s interest should be viewed through either a rights-based theory or pluralists’ theories of property law. Lessons from the New South Wales and Singapore experience are also drawn which might prove useful to other jurisdictions.

INDIVIDUAL LABOR DISPOSITIONE: COMPARATIVE RESEARCH BETWEEN LABOUR LAW OF VIETNAM AND SINGAPORE

The document deals with a comparison between labor law in Vietnam and labor law in Singapore. Here also the results are discussed distinguishing between the two state laws through the derived method of investigation. The positive impact of both laws on employment in the workplace is provided. This issue argues that despite being a "developing country" with a middle income rate, Vietnam has more "job provisions" and cares for its employees more effectively. Recent labor law reforms are probably responsible for this. Vietnam has signed a series of "free contract agreements" that have forced the government to reform its labor regulations. In Singapore, on the other hand, the role of "EA" has changed dramatically over time. The researchers used a derived qualitative method to obtain the data. This allows researchers to quickly access large amounts of information. The researchers used various journals to conduct derived research. In addition, the assets of various government websites were assessed. By using peer-reviewed journals, researchers can maintain article integrity in these circumstances. Furthermore, dispositione resolution in both Vietnam and Singapore effectively empowers their employees systematically and strategically to meet international standards of late.

The Torrens System in Singapore: 75 Years from Conception to Commencement

Abstract This article tells the story of how the Torrens system of land titles registration came to be adopted in Singapore. From conception to commencement, the entire process took over 75 years, far longer than any other law reform the country has experienced. Particular attention is paid to why the Australian model was preferred despite the significant influence of English law in colonial Singapore. Although as with anything, much of what happened could be attributed to chance, a great deal can be learned from this story, which details the socio-economic and political forces that have shaped the law into what it is, as well as the considerations that have influenced the choices regarding legal transplant.

The Urgency of Leniency Program Against Cartels in Indonesia: Lesson Learned from Singapore Competition Law

Globalization is characterized by a process where the economy becomes more tightly integrated and manifested in the form of free trade. Free trade forced by economic globalization has brought adverse effects. Some of the harmful effects of free trade include the rise of international cartels, for instance, those involved in price-fixing, bid-rigging, output limitation, and market sharing. This normative legal research aims to examine the application of leniency programs in the enforcement of Competition Law in Singapore and how Indonesia can learn from Singapore. The research indicates that one particular method is commonly used in several countries in the context of law enforcement against cartels, which is known as the leniency program or the Whistleblower. Singapore, as one of the neighboring countries of Indonesia, also applies for the leniency program. As a result, Singapore has successfully resolved many international cartel issues. Consequently, the leniency program gives benefits for providing evidence for related cases. In conclusion, Indonesia should learn from Singapore's experience in implementing the leniency program to prevent the negative effect of free trade, including the proliferating international cartels.

Revisiting remedies and the legality-merits distinction in Singapore administrative law: CBB v Law Society of Singapore [2021] SGCA 6

ABSTRACT It is a general principle of administrative law that the courts will not compel a decision-maker to perform a public duty in a particular manner by way of a mandatory order. However, in CBB v Law Society of Singapore [2021] SGCA 6, the Singapore Court of Appeal notably accepted that an exception could be made to this general principle where there was only one reasonable way to perform the public duty in question. Beyond the decision’s obvious ramifications for the law relating to public law remedies in Singapore, this note argues that the Court of Appeal’s reasoning has significant implications for administrative law in Singapore more broadly. Indeed, the Court’s ruling is indicative of a shift in attitude towards the legality-merits distinction, a foundational principle of administrative law in Singapore.

THE LEGAL ASPECT OF ILLICIT ENRICHMENT IN MALAYSIA: IS IT A CRIME TO BE RICH?

The growth of illicit enrichment crime, or living beyond one’s means is a significant challenge in combating corruption. Many countries have shown their commitment towards preventing illicit enrichment crimes by criminalising and penalising illicit enrichment in their laws, including Hong Kong and Singapore. Illicit enrichment is a crime and Malaysia has no clear provisions on illicit enrichment to prevent it. Therefore, this paper analysed the adequacy of Section 36 of the Malaysian Anti-Corruption Commission Act 2009 [Act 694] (MACC Act 2009). The legal framework on illicit enrichment in Hong Kong and Singapore were referred as sources of critique. To achieve the said objective, this study adopted a doctrinal approach using qualitative research methodology. The scope of the paper is limited due to the inadequacy and indirectness of the law on illicit enrichment in Malaysia. This paper critically analysed the international framework of illicit enrichment and conducted a comparative analysis of the law in Hong Kong and Singapore, namely the Prevention of Bribery Ordinance and the Prevention of Corruption Act 1960, respectively. In conclusion, this paper found that the current law in Malaysia is inadequate and Malaysia can learn to adopt the said laws as provided in Hong Kong and Singapore. This study serves as a guide for legislators intending to address the current inadequacies of the law on corruption in Malaysia, equipped with better knowledge on the characteristics of illicit enrichment. Suggestions to address the issues are proposed.

A review of domestic waste management policy and law in Singapore

An effective waste management system is, and has always been, essential infrastructure, particularly given the potential for waste to adversely impact the surrounding environment. In recent decades, however, there has been growing awareness of the scale, breadth and immediacy of those adverse impacts, and of the unsustainability of the enormous (and increasing) amount of waste society generates. Governments around the world have mobilised and there has been a widespread shift towards policies promoting circular economies, waste minimisation and maximised resource efficiency. Singapore is a case in point; despite having a traditionally high waste output and a waste management system dependent on waste incineration as the primary means of disposal, Singapore has committed to a zero waste future. This article presents a review of domestic waste management policy and law in Singapore. Several gaps in the legal framework are identified and considered against the broader context, leading to the conclusion that there is a material environmental vulnerability in the legal framework that should be redressed in order to entrench environmental protections and to align the law with Singapore's policy ambitions. Notwithstanding this deficiency, it is hard not to be optimistic about the future of domestic waste management in Singapore, as the government has made an ambitious policy commitment and appears to be pursuing it with vigour.

Comparing patent protection in Indonesia with that in Singapore and Hong Kong

The discovery of technology has a huge impact on the economy of a country, so many countries focus on developing technology and apply this technology in their respective countries. Technological inventions must register patent rights to obtain legal protection to avoid losses that will harm inventors, stimulate creativity in creating new technologies and create fair business competition among companies engaged in technology. This normative research aims to compare patent protection in Indonesia, Singapore, and Hong Kong. The benefit of this research is that it can contribute to scientific literature in the field of patent rights, can provide an overview of the form of patent rights arrangements in several countries outside Indonesia, so as to avoid disputes and/or misunderstandings with other countries. The participation of Indonesia, Singapore, and Hong Kong in ratifying the Convention on the World Trade Organization and the agreement on the Trade Aspects of Intellectual Property Rights (TRIPs) obliges these countries to establish regulations on patents in their respective countries. Although the application of patent law in Indonesia, Singapore, and Hong Kong is based on the terms of the TRIPs agreement, the implementation and regulations must have differences. Patent registration in Indonesia, Singapore, and Hong Kong have the same procedure, namely fulfilling the formal requirements, substantive examination, then the announcement stage. The term of patent protection in Indonesia and Singapore is similar, which is 20 years from the date of filing. However, it is different from Hong Kong, namely from the date of filing. In patent disputes, there are two ways of settlement, namely litigation and non-litigation. Patents in Indonesia, Singapore, and Hong Kong have another similarity, namely that they are transferable and can be licensed. The focus of this research is only to compare the application of patent law and not to examine its strengths and weaknesses, so it is considered important to do further research on this matter.

Perbandingan Aturan Perlindungan Privasi Atas Data Pribadi Antara Indonesia Dengan Beberapa Negara

The development of information and communication technology shows a significant increase. In the development of information technology and technology, personal information consisting of names, e-mails and cell phone numbers is very valuable data because there is economic value obtained in the business world, but technology can also be very dangerous if its use is not restricted, such as in the case of not protecting personal data, while privacy of personal data is important because it involves a person's dignity and freedom of expression, but data is not protected because in Indonesia there is no obligation in positive law which specifically regulates and provides sanctions for violations. This study aims to discuss the regulation in the perspective of comparative law in Europe, America, Hongkong, Malaysia, Singapore, South Korea, and Japan. This study uses normative legal research using asttutory approach and comparative approach that examines and analyses legal sources. This study discovers that the regulation of personal data protection in Indonesia has not been fully and thoroughly regulated compared to the regulations in several other countries, that there is a need for legal harmonization of personal data protection that is mature and deep

The Role of the Law of Unjust Enrichment in Singapore

Abstract Singapore’s unjust enrichment law may be described as a form of adoption with adaptation from English law, which is indicative of two phenomena: first, the idea of law as a travelling phenomenon and, second, the development of law as a circulation of ideas. In Singapore, unjust enrichment is now accepted as a distinct branch of the law of obligations alongside tort and contract, providing relief to a plaintiff who has transferred an enrichment to the defendant in circumstances where the plaintiff’s intent was vitiated. This vitiation of intent is expressed as an ‘unjust factor’. While certain ‘unjust factors’ are regarded as well established, Singapore’s jurisprudence has not confronted the difficult question of what are the proper considerations to consider before admitting new ‘unjust factors’. Hence, the unjust enrichment principle in Singapore may be described as positivist and weakly normative and operates as an organizing concept for pre-existing recognized ‘unjust factors’. Unlike civil law, unjust enrichment law in Singapore does not have a role to play when the enrichment is transferred where there is an absence of basis. This article also traces two constraints that limit the role of the law of unjust enrichment in other contexts—namely, the insistence that there must be a direct transfer of enrichment from the plaintiff to the defendant and that unjust enrichment claims may not operate where there is a valid contract conferring the enrichment. In terms of divergence, Singapore has charted its own course in terms of the role unjust enrichment law plays in the context of an illegal contract. Instead of relying on a range of considerations before allowing restitution, Singapore’s approach to restitution considers whether the claim would undermine the fundamental policy, be it statutory or of the common law, that rendered the contract in question void and unenforceable in the first place.

Challenging the Constitutionality of Section 377A in Singapore: Towards a More Humanist Treatment of Homosexuality in Singapore Law

This paper examines the tensions between the law, politics and public opinion in Singapore via a landmark 2014 ruling that upheld the constitutionality of Section 377A of the Penal Code criminalising sex between men. It argues that the ruling dealt a serious blow to the human rights project for minority groups in Singapore due to complex socio-political biases towards homosexuals and a narrow legal logic that is overly deferential to the legislature. This “tyranny of the majority” not only reinforces longstanding prejudices against the Lesbian, Gay, Bisexual and Transgender (LGBT) community and deprives them of their rights, but potentially results in the graver consequence of compromising the integrity of the Singapore Constitution and the country’s democratic ideals. The paper also illustrates how the court of public opinion, split between conservative and liberal pro-humanist camps, not only keeps this issue at an impasse through opposing representations of homosexuality but also reflects an important ideological juncture that Singapore currently finds itself at as it navigates the path to modernisation and liberalisation. It urges a humanistic re-imagination of the law where the formulation and instrumentalisation of laws are constantly renegotiated and reworked to become more responsive as historical contexts and social relations between various parties beyond the State and its apparatus evolve. It also ventures that decriminalising homosexuality presents Singapore with the opportunity to define a new Asian post-colonial modernity and that the concept of “rights capital” can introduce greater equity and dignity within society.

Public Law and Technology in Singapore

Public Law and Technology in Singapore

Form and Substance in Singapore Constitutional and Administrative Law

AbstractWhile Atiyah's and Summers’ concepts of form and substance in the context of constitutional law are often associated with constitutional interpretation, they can also be fruitfully applied to other areas of constitutional and administrative law. The intent of this paper is to apply the concepts of form and substance to Singapore constitutional and administrative law to illustrate that beyond constitutional interpretation, formalism is an apt description for several key areas of constitutional and administrative law doctrine and reasoning in Singapore, even to the extent of being formalistic. This article will argue that formalism in legal reasoning obtains in several important constitutional and administrative law doctrines in Singapore – specifically in the grounds of judicial review, ouster clause doctrine, and the rules on standing. This article will also evaluate the implications of these findings for the development of constitutional and administrative law in Singapore.

From Third World to First World: Law and Policy in Singapore’s Urban Transformation & Integration

Abstract The physical transformation of a colonial backwater city, Singapore, in one generation has been described as a feat of urban planning, renewal, and development. Less studied is the political will of the government to create a thriving city fit for purpose. Even less studied is the role of law that provides the powerful levers for the rapid and deep-seated changes to the urban landscape in Singapore. In this regard, the mindset shift that accompanied the massive urban transformation has facilitated a national psyche that embraces the material dimension of progress, for which urban renewal is not just a mere indicator but also a mantra for the fledgling nation-state desirous of change as a mark of progress. This essay examines the multi-faceted role of law in undergirding urban planning, policy, and development in Singapore. Rather than just providing a focus on specific laws that enables the government to shape the processes of urban redevelopment, the essay argues that these laws have to be understood within the context of “urban redevelopment pragmatism” in which pragmatism is as much a planning ideology as it is a driver of urban change and renewal. Furthermore, this planning pragmatism, very much mission-oriented towards national goals, has become a potent source of political and performance legitimacy for the ruling People’s Action Party. The legal regime that provided the wherewithal for urban renewal, economic activity, water quality management, and spatial integration of a polyglot society is now being reconfigured for the urgent aspiration of becoming a global city and a smart nation. The essay also considers the limitations to this planning and redevelopment pragmatism, and how the rapid urban change has somewhat enervated the urban heritage and contributed to a weakening of the collective memory of change amid continuity.

Environmental Law in Singapore, written by Joseph Chun and Lye Lin Heng

Environmental Law in Singapore, written by Joseph Chun and Lye Lin Heng

The Strange Career of Gross Indecency: Race, Sex, and Law in Colonial Singapore

In 1938, the British enacted Section 377A of the Straits Settlements Penal Code, criminalizing male same-sex acts in Singapore. Although the law was neither the first nor only attempt to regulate same-sex activity, it represented a stark intensification in sexual policing. Yet, the reasons for the introduction of Section 377A remain elusive. New sources, including recently declassified documents, reveal that Section 377A intersected with the colonial state's wider project of social control. In the early 1930s, intensified policing of female prostitution inadvertently magnified the visibility of male prostitution in Singapore, just as homosexuality was emerging as a distinct conceptual category. Meanwhile, scandals about sexual liaisons between European officials and Asians men threatened British legitimacy. This “discovery” of homosexuality led the British to introduce Section 377A. As British troops arrived in Singapore in the late 1930s in response to Japanese expansionism in the Far East, concerns about blackmail, military discipline, and the colonial color line governed the enforcement of Section 377A. Between 1938 and 1941, the British disproportionately used Section 377A to punish Asian male prostitutes whom they thought had seduced European men. Secondarily, the British used the provision to deter European soldiers, sailors, and non-officials from exposing themselves to extortion. Seen in this light, Section 377A served as a response to changing configurations of race, class, and sexuality in colonial Singapore.

싱가포르 회사법상 회사기관구조

이 논문은 싱가포르 회사지배구조에 대한 연구로, 먼저, 싱가포르의 입법연혁을 개관하고, 입법의 특징과 기업형태를 개관한 다음, 주식회사의 기관구조에 관한 법적 평가를 통하여, 싱가포르 회사법개정을 위한 기초자료를 제공함과 동시에, 현지 진출 한국기업이 기업활동을 함에 있어서 해당국 회사입법의 구조를 이해함으로써 투자와 교류 등 기업거래에 도움을 주고자 하는데 그 목적이 있다.BR 싱가포르 회사입법은 기본적으로 영국법을 계수하여 그 체제와 내용이 영미법적 성격이 강하나 개정과정에서 미국법의 내용을 대폭 계수하였다. 회사의 개념 설정과 분류 등에 있어서 한국 상법 회사편(상법 제3편)과는 기본적으로 차이가 크다.BR 주주총회입법에서는, 주주총회 소집요건이나, 총회의 의사 및 의결정족수의 기준이 너무 높고, 소수주주요건이 너무 높은 점 등, 주주총회입법이 복잡하고 일관성도 없으며, 주주총회 운영상의 현실에 부합하지 않은 규정이 많아 입법의 실효성이 의심된다. 소수주주권 행사요건과 특별결의 의결정족수를 완화하고, 전자화의 확대 등의 방향으로의 입법적 개선을 통하여 주주총회운영의 활성화 지향하는 입법적 개선이 필요하다.BR 싱가포르 회사법에서는 비주주(외부자)의 의결권대리행사가 가능한 점, 서면결의를 인정한 점 등은 선진입법형태이며, 다만 그 남용을 막기 위해 소수주주의 서면결의반대요구권을 인정하고 있다.BR 이사(회)입법에서는, 이사회 소집방법, 소집권자, 성립요건, 결의방식, 정족수 규정 등이 모두 부속정관사항으로 되어 있다. 일정요건 하에 서면결의도 인정하고 있는데, 이사회는 이사가 직접 출석하여 전문적 토의를 한 후에 결의하는 것이 타당하다. 이사의 자격은 자연인에 한하고, 특정이익단체를 대표하는 이사가 선임될 수 있도록 하는 것은 이사회의 다양화라는 측면에서 타당하다고 본다.BR 업무집행이사는 이사 중에서 선임한다. 대표이사제도가 없으므로 업무집행이사가 업무집행권과 이사회의 수권에 의한 회사대표권을 행사한다.BR 감사입법은 말레이시아법과 비슷한 입법태도를 취하고 있다. 단지 공개회사의 경우 감사위원회제도를 강행규정화 하고 있는 점은 특징이라 할 수 있다. 등기관이 감사임명을 할 수 있도록 하는 것은 회사경영에 국가가 쉽게 개입할 수 있게 하므로 바람직한 입법태도가 아니다. 감사위원회는 주주총회 운영 및 절차에 관한 통제가 가능한데, 이 것은 한정적이나마 업무감사도 가능한 것으로 해석되므로 감사의 감사권이 회계감사의 영역을 넘어서는 것으로 이해할 수 있다.BR 싱가포르 회사법은 2018년 개정을 통하여 규제를 완화하고, 운영의 유연성을 확보하기 위해 다수의 지배구조관련 개정이 일부 있었으나, 지배구조의 민주성·투명성을 확보하기 위하여 주주총회의 권한, 소수주주권 행사기준, 의사 및 의결정족수, 이사회의 권한, 업무집행임원의 지위, 감사의 권한 등에 관하여 입법적 보완이 필요하다.BR 2018년 개정회사법의 목적처럼 싱가포르가 비즈니스 허브로서의 경쟁력을 갖도록 하기 위해서는 더욱 정치한 기업지배구조개혁을 통하여 기업운영의 투명성과 민주성이 확보되도록 글로벌 기업지배구조기준을 선도하는 회사기관구조의 개혁이 필요하다. 무엇보다도 기업운영에서의 법의 지배, 법치의식이 강화되어야 할 것이다.