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191.  SEPTEMBER 2016 Issue
p.219

Twenty Years (and More) of Controlling Unfair Contract Terms in Singapore
Sandra Booysen  •  [2016] 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.

192.  SEPTEMBER 2016 Issue
p.249

On the Obtaining and Admissibility of Incriminating Statements
Ho Hock Lai  •  [2016] 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.

193.  SEPTEMBER 2016 Issue
p.277

Regulating International Trade in Endangered Species—Transhipments of CITES-Listed Species via Singapore
Burton Ong, Lye Lin Heng and Joseph Chun  •  [2016] 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.
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194.  SEPTEMBER 2016 Issue
p.307

Between Judicial Oligarchy and Parliamentary Supremacy: Understanding the Court's Dilemma in Constitutional Judicial Review
Tan Seow Hon  •  [2016] Sing JLS 307 (Sep)
This article considers the dilemma that constitutional judicial review presents to the most wellmeaning of judges—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 [2015] 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.
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195.  SEPTEMBER 2016 Issue
p.336

Case and Legislation Notes: Winding-Up of a Foreign Company on the Just and Equitable Ground
Alexander Loke  •  [2016] 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.

196.  SEPTEMBER 2016 Issue
p.344

Case and Legislation Notes: The Presumption of Constitutionality and the Right to Equality in the Granting of Certificates of Substantive Assistance Under Section 33B of the Misuse of Drugs Act
Grace Morgan  •  [2016] Sing JLS 344 (Sep)
In Ridzuan, two co-accused were charged with and convicted of drug trafficking, yet only one received a certificate of substantive assistance under s 33B of the Misuse of Drugs Act. This commentary examines the novel questions on the right to equality with respect to the granting of certificates of substantive assistance as raised in the Court of Appeal's decision. This commentary also addresses the broader question of how the presumption of constitutionality should apply in various contexts. Finally, it proposes a legislative mechanism to improve the institutional safeguards in place for the granting of these certificates.

197.  SEPTEMBER 2016 Issue
p.356

Case and Legislation Notes: Use of Third Party Conviction as Evidence in Subsequent Criminal Proceedings
Benny Tan  •  [2016] Sing JLS 356 (Sep)
For more than a decade in Singapore, it was unclear whether the previous conviction of a third party can be admitted as evidence not only in civil, but also in criminal proceedings. The Singapore Court of Appeal in the recent criminal reference case of Chua Boon Chye determinatively answered the question in the positive. This clarification is very much welcomed.

198.  SEPTEMBER 2016 Issue
p.369

Book Reviews: Contract as Assumption II: Formation,Performance and Enforcement by Brian Coote, ed by JW Carter
Sandra Booysen  •  [2016] Sing JLS 369 (Sep)
The saying that we "stand on the shoulders of giants" couldn't be more apt for Emeritus Professor Brian Coote CBE, who has influenced and stimulated our thinking about modern contract law in so many ways. Just one example of this influential scholarship, which features in this volume, is Coote's unorthodox but persuasive view of exemption clauses as demarcating the primary obligations under the contract, rather than acting to protect from a liability that otherwise arises. Coote's modest remark in the final chapter of this book, "[w]ho is interested in my kind of contract anyway?" (at p 206) belies the attention paid to his insights by scholars all over. As the title of the volume indicates, this text continues the theme of an earlier volume, Contract as Assumption: Essays on a Theme (2010). In this book, edited and prefaced by Emeritus Professor John Carter, another contract giant and fellow antipodean, contract scholars are offered a second collection, mostly of Coote's previous writings that were previously published in books or eminent journals including the Cambridge Law Journal, Journal of Contract Law and the Modern Law Review. Each of the republished chapters has seen slight changes from the original as part of Carter's editing contribution. The predominant focus is on aspects of contract formation, explored against the background of Coote's theory of contract as assumed, not imposed, obligations.

199.  SEPTEMBER 2016 Issue
p.371

Book Reviews: Law, Society and Transition in Myanmar by Melissa Crouch and Tim Lindsey, eds
Samuel Chan  •  [2016] Sing JLS 371 (Sep)
The political "transition" in Myanmar in recent years has opened up unprecedented opportunities for access and sustained engagement with the "law" in Myanmar and its intersections with Myanmar "society". This book serves two purposes. The first is to introduce Myanmar law in context to the interested student. Second, having observed that "[l]egal scholars took their eyes off Myanmar for too long" (at p 3), this timely book aims to provide the impetus for future research on Myanmar law and society.

200.  SEPTEMBER 2016 Issue
p.374

Book Reviews: ASEAN Environmental Legal Integration: Sustainable Goals? by Koh Kheng-Lian, Nicholas A Robinson and Lye Lin-Heng
Joseph Chun  •  [2016] Sing JLS 374 (Sep)
ASEAN Environmental Legal Integration: Sustainable Goals? is a contribution to the Integration Through Law: The Role and the Rule of Law in ASEAN Integration series, a project undertaken by the Centre for International Law at the National University of Singapore. The Association of Southeast Asian Nations ("ASEAN") was established in 1967 as a platform for five of the original ASEAN Member States ("AMSs"), Indonesia, Malaysia, Philippines, Thailand and Singapore, to promote cooperation towards peace, progress and prosperity in the region. In 2007, the AMSs, by now expanded to include Brunei, Cambodia, Laos, Myanmar and Vietnam, signed and ratified the Charter of the Association of Southeast Asian Nations, 20 November 2007 [ASEAN Charter], and created a formal legal and institutional framework for ASEAN.

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