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941.  JULY 1993 Issue
p.1

The Credit & Charge Card Transaction : Is it Moneylending?
Ho, Peng Kee  •  [1993] Sing JLS 1 (Jul)
An increasing number of credit and charge cards are issued every year. It has been reported that there are currently 1.01 million cards in circulation (Business Times, 12 October 1992) in Singapore. Is a credit or charge card transaction one of money lending? If so, does it fall within the Moneylender's Act? Would card issuers be in breach of the Act if they are not registered as moneylenders under the Act? These issues are considered in this article. The topic of moneylending is also examined. It is argued that the Moneylender's Act is an archaic legislation that needs review. In this review, it is suggested that the part of the UK Crowther Report on Consumer Credit which recommended that a new and comprehensive regime be introduced to replace the present piece-meal approach be seriously considered.

942.  JULY 1993 Issue
p.16

The Family Court : A Sociologist's Perspective on Enlightened Collaboration between Law and Social Sciences
Quah, Stella R  •  [1993] Sing JLS 16 (Jul)
This discussion addresses the efforts to design and implement a family court in Singapore. Three main aspects are covered in separate sections. The first concerns the definition and brief history of the family court. The second section succinctly examines the three main factors fostering the collaboration across fields of knowledge in the planning and setting up of family courts. I conclude in the third section with some comments on the potential of this collaboration for the solution or containment of family problems locally, based on Singapore's historical and current situation.

943.  JULY 1993 Issue
p.35

The Privilege Against Self-Incrimination and Fairness to the Accused PP v Mazlan bin Maidun
Hor, Yew Meng Michael  •  [1993] Sing JLS 35 (Jul)
The privilege against self-incrimination is perhaps the most controversial concept in criminal justice. This article analyzes the privilege in the context of pre-trial interrogation in the light of the recent and important decision of the Court of Criminal Appeal in PP v Mazlan bin Maidun and seeks to argue that, although the decline of the privilege is not to be lamented in itself, it cannot be simply discarded without the introduction of alternative safeguards.

944.  JULY 1993 Issue
p.57

Foreign Sourced Income : The Received Basis of Income Taxation
Liu, Hern Kuan  •  [1993] Sing JLS 57 (Jul)
Unlike many countries, Singapore residents are taxed on a territorial (as opposed to a world-wide or global) basis. Income is taxed when it accrues in, or is derived from or is received in Singapore. There is much uncertainty over how income will be received for tax purposes. This article explores the received basis of income taxation.

945.  JULY 1993 Issue
p.80

The Post-Colonial Evolution of the Singapore Legislature: A Case Study
Thio, Li-ann  •  [1993] Sing JLS 80 (Jul)
The object of this article is to attempt a descriptive analysis and comprehensive case study of the post-Independence constitutional evolution of the Singapore legislature. Particular reference is made to the 1991 General Elections and the implications for the Singapore political scene. It will evaluate the extent to which there has been a successful reconciliation of elite rule with accountability to the citizen body in the local context and the prospects for the Singapore version of parliamentary democracy.

946.  JULY 1993 Issue
p.123

Discharging an Instalment Sale Contract for Breach Additive Circuits (S) Pte Ltd v Wearnes Automation Pte Ltd
Neo, SS Dora  •  [1993] Sing JLS 123 (Jul)
This article examines the issues to be considered in deciding whether an installment sales contract can be discharged for breach. It uses the above recent High Court case as a framework for discussion and suggests an alternative analysis of the facts of that case.

947.  JULY 1993 Issue
p.144

Claiming a Pound of Flesh as a Contingent or Prospective Creditor under the Companies Act
Lee, Beng Tat  •  [1993] Sing JLS 144 (Jul)
This article examines the concepts of a "contingent" creditor and a "prospective" creditor in the Companies Act and the Companies (Winding Up) Rules 1969 in the light of existing case authority. In the process, it attempts to define the outer boundaries of these concepts. Some practical considerations and problems in making a claim against a company as a contingent or prospective creditor are also examined. Particular attention is paid to the problem of proving non-contractual claims for unliquidated damages in the winding up of the insolvent company.

948.  JULY 1993 Issue
p.187

The Effect of Non-Compliance with Rules of Procedure: A Survey of Recent Cases
Pinsler, Jeffrey D  •  [1993] Sing JLS 187 (Jul)
This article is concerned with recent cases in which the Courts have made pronouncements on the scope and effect of Order 2 of the Rules of the Supreme Court. Order 2 governs the orders and directions which a court may give when there has been a failure to comply with the requirements of the rules of court.

949.  JULY 1993 Issue
p.198

Rethinking the Personal and Proprietary Distinction The Sumitomo Bank Ltd v Kartika Ratna Thahir & Ors
Tjio, Hans  •  [1993] Sing JLS 198 (Jul)
This article examines the emergence of the remedial constructive trust in Singapore, and the consequential need to rethink the distinction between personal and proprietary claims. The focus will be on the implications of the constructive trust for the insolvency or bankruptcy regime.

950.  JULY 1993 Issue
p.214

Illegal Contracts in the Conflicts of Laws: Some Recent Developments in Singapore
Toh, Kian Sing  •  [1993] Sing JLS 214 (Jul)
This article examines, from the perspective of the conflicts of laws, a cluster of recent local decisions on illegal contracts. Particular attention will be paid to the Foster and (supposed) Ralli principles and the manner in which the courts have applied these principles.

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