*By: Don Ho Jia Hao I. IntroductionThis case is the latest instalment of more than a decade of litigation on the constitutionality of s 377A of the Penal Code (“PC”). Section 377A provides:Outrages on decency377A. Any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure … Continue reading The Endgame of Section 377A Litigation: Case note on Tan Seng Kee v Attorney-General  SGCA 16
*By: Arika Gin Ong I. Introduction Imagine you marry someone with a child from a prior relationship. Initially, you do not mind caring for this child. Then, your marriage sours and you no longer want anything to do with your spouse or the child. However, can your initial conduct of caring for the child unknowingly … Continue reading A Non-parent’s Maintenance Obligation
*By: Adel Zaid Hamzah I. Introduction Let’s say you are an investor. You enter a joint investment with a friend, and lend him $100,000. Sadly, the joint venture fails, and to make matters worse, your friend has gone bankrupt and transferred half of your money to his wife. Can you get your money back?Unfortunately, once … Continue reading Reversing a Bankrupt’s Transfer
*By: Adel Zaid Hamzah I. IntroductionLet’s say you are a minority shareholder. The company is not doing well, and you believe the company’s directors have committed financial mismanagement, or maybe committed fraud. To make matters worse, the other majority shareholders are in cahoots with these directors, so your concerns are dismissed quickly at every meeting. … Continue reading Shareholders vs Mismanagement by Directors: The power of a Statutory Derivative Action
*By: Arika Gin OngI. Introduction“Newly-wed man lied to court about not sleeping with wife to save money on divorce proceedings” – this was the headline of a local news article where a man, Daryl, claimed that his marriage was voidable and should be annulled since his wife refused to consummate it. One who is unaware of … Continue reading Love gone cold – What does it mean for a marriage to be voidable and When does it happen?
Joel Soon Jian Wei & Chang Wen Yee I. IntroductionIn Tan Seet Eng v Attorney-General, Chief Justice (CJ) Sundaresh Menon famously quipped that “[t]he rule of law is the bedrock on which our society was founded and on which it has thrived.”  Yet, the rule of law “is not one that admits of a … Continue reading The Rule of Law: A Brief Explanation
I. IntroductionOver the past few years, techniques to refine and process data have been developed and honed. Whether it is developments in machine learning or the internet-of-things, the invention of these technologies has made data a valuable and strategic commodity. Given the importance and value of data to commercial operations, this has led to the … Continue reading Consent and Personal Data: Charting the Differences between the PDPA and GDPR
In a collaboration with the Supreme Court, SMU Law students (under SMU Lexicon) are reporting on selected Court of Appeal judgments, highlighting the significant points, so as to foster greater public awareness of these cases and their implications. The summaries are available on the Supreme Court of Singapore Website, and are reproduced here on SMU Lexicon's website as well.
I. IntroductionIt is no secret that children and youths are often rowdy and mischievous. The real problem arises when mischief turns into criminal activity. Faced with extreme troublemakers who may have stepped foot into illegality, what can parents do? Children and young persons (“CYPs”) who engage in behaviour that puts them at risk of committing … Continue reading Breaking the Cycle of At-Risk Behaviour in Youths: Singapore’s 2020 Family Guidance Order
I. IntroductionThis article explains how the Personal Data Protection (Amendment) Act 2020 (the “Amendment”) benefits the user in three areas: customer experience, safeguards, and transparency. Firstly, the Amendment improves customer experience in two ways: (1) deemed consent by contractual necessity eliminates the hassle of clicking multiple checkboxes to express the user’s consent to the sharing … Continue reading Benefits of the Personal Data Protection (Amendment) Act 2020 to the Consumer