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SMU Lexicon: Bridging the Divide between Married and Unwed Mothers

Reading Time: 4 minutesA letter (“No extra perks if unwed mums adopt own children: Forum” on 25th May 2017)[1] by the Ministry of Social and Family Development (“MSF”) has raised pertinent views on how the Singaporean Government perceives marital status and motherhood. Recently, the MSF had granted Child Development Account (“CDA”) benefits[2] and Government-paid maternity leave to unwed […]

SMU Lexicon: A Glimpse into the ASEAN-Hong Kong Free Trade Agreement

Reading Time: 11 minutesIntroduction After close to 4 years of negotiations,[1] the hugely anticipated ASEAN-Hong Kong Free Trade Agreement (AHKFTA) has finally been set in stone.[2] Along with the accompanying ASEAN-Hong Kong Investment Agreement (AHKIA), the two agreements were signed on the sidelines of the 31st ASEAN summit in the Philippines. [3]Historical background and the rationale for a […]

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Singapore Patents – High Court Upholds Validity of Patent and Grants Declaration of Validity and Declaration of Infringement of Asserted Claims – Rohm and Haas Electronic Materials CMP Holdings V Nexplanar Corp and Another [2017] SGHC 310

Reading Time: 18 minutesIn a decision rendered by George Wei J of the Singapore High Court dated 8 December 2017, the High Court upheld the validity of the Rohm and Haas Electronic Materials CMP Holdings, Inc’s patent, granted a declaration of the said patent’s validity, as well as a declaration that the asserted claims of the patent were […]

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SMU Lexicon: Reservations about the Value of Reserved Elections

Reading Time: 19 minutesIntroduction At a press conference on 9 August 1965, moments after Singapore gained independence, then Prime Minister Lee Kuan Yew proclaimed, “This is not a Malay nation; this is not a Chinese nation; this is not an Indian nation. Everybody will have his place.”[1] This statement set the stage for Singapore’s development as a multiracial […]

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SMU Lexicon: Recognising the duty to cooperate in international commercial contracts

Reading Time: 15 minutesIntroduction The duty of contracting parties to cooperate in the performance of commercial contracts is at once both intuitive and utterly foreign. On the one hand, all commercial relationships require a degree of trust, and a party may reasonably expect that the other is committed to working together to carry out their bargain.[1] This applies […]

Thailand Tax Alert: New Law on Transfer Pricing

Reading Time: 2 minutesOn 22 November 2018, the Thai Revenue Department (TRD) took another significant step towards tightening its transfer pricing compliance and enforcement regime with the release of “the Additional Revision of the Thai Revenue Code No.47 (TRC47)”. Over the past five years, based on the Base Erosion and Profit Shifting (“BEPS”) initiatives of the OECD, many jurisdictions […]

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Grandparents’ Rights under the Family Law Act in Australia

Reading Time: 3 minutesGrandparents are playing a greater role in many families, often due to the high cost of childcare and increasing rates of divorce.  But what happens when a grandparent is refused time with their grandchild or wishes to assume full care of a child?  What are grandparents’ rights in these circumstances? What the law says The […]

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Employment Claims Tribunals to hear wrongful dismissal and salary-related claims from April 2019

Reading Time: 6 minutesThe story In 60 Seconds Proposed amendments to the Employment Act (“EA“) include the enhancement of the existing employment dispute resolution framework. This includes empowering the Employment Claims Tribunal (“ECT“) to adjudicate wrongful dismissal claims, in addition to salary-related disputes, with effect from 1 April 2019. Read with other tabled changes to the EA, the […]

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Changes to the Employment Act (2018 and beyond): What you need to know

Reading Time: 5 minutesThe Employment Act (EA) is Singapore’s main labour law which provides the basic terms and working conditions for all employee. On 5th March this year, the Ministry of Manpower announced plans to expand the fundamental coverage of the EA. This was a response to a fast-changing workforce where the number of PMETs (professionals, managers, executives […]

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The Competition Commission commenced proceedings in the Competition Tribunal against individuals for the first time in Hong Kong

Reading Time: 3 minutesIntroduction On 6 September 2018, the Competition Commission (the “Commission”) commenced proceedings in the Competition Tribunal (the “Tribunal”) against three companies and two individuals – Mr Chan and Mr Lam in relation to the provision of renovation services at a subsidised housing estate in San Po Kong. Notably, this is the first time that the […]

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SMU Lexicon: Possibility of Establishing a Fact-Finding Commission for the Rohingya Crisis

Reading Time: 17 minutes“Then you will know the truth, and the truth will set you free” John 8:32 “I discovered at a very early age that if I talk long enough, I can make anything right or wrong. So either I’m God or truth is relative” Jeff Winger, “Community: Pilot Episode” (NBC, 2009) Introduction While the recent attacks […]

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Can I get my job back after being unreasonably and unlawfully dismissed in Hong Kong?

Reading Time: 3 minutesIntroduction The Employment (Amendment) (No. 2) Ordinance 2018 (the “Amendment Ordinance”) was passed by the Legislative Council on 17 May 2018 and took effect on 19 October 2018. Under the Amendment Ordinance, the Labour Tribunal is empowered to make an order for reinstatement or re-engagement of an employee in the event of unreasonable and unlawful […]