What is the objective of Military Law? (Part 2 of 2)

Reading Time: 8 minutesMilitary Law in Singapore is unique due to its separate legal system and jurisdiction. To most, “Military Justice” (or “Military Law”) is simply a body of law and system of rules which only applies to military personnel. Being a nation known for its mandatory conscription (National Service), many of us have probably heard the military-related […]

Can employers rely on “team based” commission and team leader bonus already paid to employees to deduct sickness allowance, holiday pay and annual leave pay payable to employees?

Reading Time: 6 minutesIntroduction In a recent case Mak Wai Man v Richfield Realty Ltd [2019] HKDC 358, the District Court clarified whether statutory entitlements (including sickness allowance, holiday pay and annual leave pay) payable to employee under the Employment Ordinance (Cap. 57) can be reduced by “team based” commission (the “Commission”) and team leader bonus (the “Bonus”) already paid […]

香港:医疗疏忽——医生应向病人披露多少治疗风险资料?

Reading Time: 1 minutes简介
医生通常在两种情况下须负上疏忽法律责任:第一是在施行医疗程序时疏忽;第二是在征求病人同意进行医疗程序时,未有向病人披露医疗程序的风险。
就上述第一种情况,我们在早前在〈医疗疏忽——认识医护人员对病人的责任〉一文中已探讨了如何采用Bolam测试确定须具备的谨慎责任的标准。至于第二种情况,由于英国最高法院在Montgomery v Lanarkshire Health Board [2015] UKSC 11一案中的裁决,Bolam v Friern Hospital Management Committee [1957] 1 WLR 582案中确立的传统测试(「Bolam测试」)在英国不再适用。

What is doxxing? Are you guilty?

Reading Time: 9 minutesPublishing someone’s personal information online could now result in jail time. Upset about a taxi ride or saw a situation that you feel warrant a social media post? You would need to think twice now before posting any rants online. Such revelation of crucial personal information online is known as ‘doxxing’. Doxxing has been defined […]

Who is subject to military law in Singapore? (Part 1 of 2)

Reading Time: 6 minutesMilitary Law in Singapore is unique due to its separate legal system and jurisdiction. To most, “Military Justice” (or “Military Law”) is simply a body of law and system of rules which only applies to military personnel. Being a nation known for its mandatory conscription (National Service), many of us have probably heard the military-related […]

The Remembrance and the Forgetting: Singapore’s Mental Capacity Act, Nine Years On

Reading Time: 9 minutesIntroduction Like most developed nations, Singapore has a gradually aging population.[1] The proliferation of this new demographic profile raises a host of pressing issues, particularly that of rising incidences of dementia among the aged.[2] Given that many of those who might suffer from dementia will have accumulated considerable assets and are therefore at risk of […]

香港:怎样才可终止我在物业中的共有权?

Reading Time: 1 minutes分划(partition)是终止物业共有权(co-ownership)的其中一种方法,令每名共有人(co-owner)成为其获分配之土地财产的唯一业主。这与联权共有权(joint tenancy)的划分不同,后者只会令共有人变成分权共有人(tenants in common),但仍然共同拥有物业。分划可以透过自愿签立契据进行;如共有人之间无法达成共识,则可根据香港法例第352章《分划条例》(「该条例」)提出诉讼,要求分划或出售物业。

HONG KONG: Former dental officer awarded substantial damages in compensation for injuries sustained due to excessive workload

Reading Time: 5 minutesIntroduction In the recent case of Yeung Lai Ping v Secretary for Justice [2019] HKCFI 881, the government has been ordered to pay nearly HK$21 million in compensation to a former dental officer, who had to retire from civil service nearly 20 years ago, after she suffered severe injuries to her right wrist due to excessive workload. […]

香港:人身伤亡的损害赔偿

Reading Time: 1 minutes人身伤亡是指一个人未有以合理的谨慎方式对待另一个人而造成的一种民事过失,往往涉及疏忽。人身伤亡有时指身体上的损伤,但这里也指心理上的伤害,例如,受害人可能因交通意外而患上创伤后压力症(PTSD)。
人身伤亡受害人可追讨的赔偿类别各有不同。有些人慢性受伤,例如患上长期痛症,而有些人则可能被迫改变日常生活或工作,甚至失去工作。常见的索偿类别包括疼痛、痛苦与丧失生活乐趣、收入损失、丧失赚取收入的能力、因意外而招致的医疗及其他开支。

HONG KONG: Employment dispute concerning payment of contract-end gratuity arising from inappropriate statements made at forum

Reading Time: 6 minutesIntroduction Previously in “Can an Employer Consider an Employee’s Work Performance in Deciding Whether to Pay Contract-end Gratuity to the Employee?”, the application of a contractual term in relation to whether gratuity payment can be subject to the employer’s opinion of an employee’s “satisfactory completion” of an employment contract is discussed in light of the […]

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Same Sex Couples and Their Rights According to the Proposed Thai Civil Partnership Bill

Reading Time: 4 minutesWhat are the rights the Proposed Thai Civil Partnership Bill grants to Same Sex Couples in Thailand? At the end of 2018, a long-awaited LGBT civil union bill was approved by the Cabinet and is currently pending legislation by the National Legislative Assembly. The Bill is known as the Life Partnership Registration Act (LPRA). According […]

Media Law 101: Do you need permission to take photos?

Reading Time: 5 minutesIn today’s day and age, taking a photo is as easy as whipping out your mobile phone from your pocket and snapping a still image, or recording a moment. Increasingly, one’s personal data might not be so personal anymore. The Personal Data Protection Act 2012 (No. 26 of 2012) (“PDPA”) thus concretised a general data […]