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SAL Journal (Special Issue)

In addition to its bi-annual publications, the SAcLJ also publishes special issues which focus on specific areas of law. The authors of these issues hail from diverse backgrounds, with articles from renowned foreign experts as well as leading local minds in the respective areas of law. To date, nine special issues have been published. These are

  • Contract Law (General Editor: Professor Michael Furmston);
  • Shipping Law (Guest Editor: Professor Francis Reynolds QC);
  • Insolvency Law (Guest Editor: Professor Gerard McCormack);
  • Land Law (Guest Editor: Professor Kevin Gray);
  • Biomedical Law and Ethics (Guest Editor: Professor Bartha Maria Knoppers and W Calvin Ho);
  • Company Law (Guest Editor: Professor John H Farrar);
  • Intellectual Property Law (Guest Editor: Professor Sam Ricketson);
  • Constitutionalism and Criminal Justice (Guest Editors: Chan Wing Cheong and Michael Hor);
  • Conflict of Laws in Arbitration (Guest Editors: Chan Leng Sun SC and Michael Hwang SC);
  • Evolving Personal Torts (Guest Editors: Christian Witting and Goh Yihan)
  • Remedies (Guest Editor: Professor Elise Bant)
  • Public Issues (Guest Editors: Hoong Phun Lee and Jaclyn L Neo)
  • Children in Family Law: Changes and Challenges
  • International Commercial Mediation

This issue features articles on: (a) the 1982 Canadian Charter of Rights and Freedoms and how it has changed the Canadian criminal justice system; (b) the factors which affect the Hong Kong Judiciary in its interpretation of the constitutional right to be presumed innocent and the right against self-incrimination; (c) how ideas of constitutionalism, rule of law and fundamental rights have contributed to the development of criminal law in India; (d) the vulnerability of suspects, accused and convicted persons whilst in custody in South Africa and the possible explanations for it including a social justice deficit and ambiguity in commitment to constitutional values; (e) how interaction with the European Court of Human Rights has shaped the way that UK courts, governments and Parliament have acted on criminal justice issues and vice versa; (f) fair treatment developments in transnational and international criminal law at the international level and how national actors should approach these developments; (g) the need to shape the extent of criminal liability by taking into consideration the moral foundations of criminal law in Singapore; (h) state of the law in Singapore on aspects of the right of silence and the right of access to a lawyer of a suspect who is in custody; and (i) the evolution of Singapore’s criminal process and hopes for the future.


Author(s)/Editor(s)/Contributor(s): Associate Professor Chan Wing Cheong and Professor Michael Hor (guest editors)


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This special issue on company law features articles on: (a) whether Singapore should adopt a statutory codification of the common law business judgment rule as adopted by Australia, Malaysia, South Africa, and several US states; (b) the scope of the no conflict duty as it applies to company directors in the light of the bright-line statutory formulation of the duty adopted in the UK Companies Act 2006; (c) whether the business judgment rule can be transplanted into jurisdictions, the consequences and in particular the relationship with insolvent trading; (d) the conceptual questions behind two recent UK cases (Stone & Rolls Ltd v Moore Stephens [2009] 1 AC 1391 and Safeway Stores Ltd v Twigger [2010] EWCA Civ 1472) which exposes a fundamental misconception about the structure of companies and the place of the board in the company; (e) the major reforms recommended by the Steering Committee for Review of the Companies Act to streamline the Singapore Companies Act; (f) when directors are jointly liable for the tortious acts of their companies and how an appropriate balance may be achieved; (g) the current approaches to discerning the substance-procedure divide and the necessity to inquire into legislative intent and the parties’ intentions to meaningfully negotiate the difference; (h) the application of the no reflective loss principle and the allowance of recovery only if the shareholder’s right is one that is separate and independent of the company’s; (i) the expropriation of minority shareholders in family-owned firms and evaluation of the governance strategies used by the Singapore Exchange’s Listing Rules to police self-dealing transactions; and (j) the possibility of reform of Singapore’s international insolvency law by repealing s 377(3)(c) (Companies Act) and enacting the UNCITRAL Model Law on Cross-Border Insolvency.


Author(s)/Editor(s)/Contributor(s): Professor John H Farrar (guest editor)


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