Most Recent Articles
Hong Kong: How should the damages in fatal cases be assessed?
Reading Time: 4 minutesIntroduction In the recent judgment of Kan Wai Ling and others v Kan Chi Fai [2018] HKCFI 1024, the plaintiffs are the co-administratrices of the estate of the deceased who sustained fatal injuries in a traffic accident. The Court has decided on, among other things, (i) how the award for loss of dependency should be assessed; (ii) […]
Building and Construction: How Do Performance Bonds Work?
Reading Time: 4 minutesDid you know that performance bonds date all the way back to 2,750 BC? One might be surprised by the longevity of the performance bond, but this underlines its commercial usefulness, particularly in the context of building and construction. Although it may seem complicated and technical to most people at first blush, the performance bond […]
Myanmar Tax Alert: Myanmar Passes The 2018-2019 Union Tax Law
Reading Time: 4 minutesOn 25 September 2018, the Union Parliament (“Pyidaungsu Hluttaw”) enacted the 2018-2019 Union Tax Law (“2018-2019 UTL”) which provides clarity on the transition period regarding the change in the tax year of reporting along with tax rates and exemptions applicable to certain goods and services in Myanmar. For State-owned enterprises (“SOEs”), the 2018-2019 UTL is effective […]
Well-known trademarks in the PRC
Reading Time: 4 minutesWell-known trademark recognition is a tool that offers a much broader scope of protection to trademark owners than those offered by normal registered trademarks. Having the well-known trademark status means that the mark has acquired high reputation and influence among the public through extensive and continuous use and has been recognised by the relevant public […]
Repealing Section 377A
Reading Time: 3 minutesWhat constitutional challenge does Section 377A of the Penal Code face? In Singapore the recent proposal to reform the Penal Code has once again left s 377A untouched. However, elsewhere the equivalent section has been invalidated. In a recent decision, the Supreme Court of India struck down a provision similar to s 377A, generating widespread […]
Time for Hong Kong to revisit the meaning of “dishonesty”
Reading Time: 5 minutesBackground “Dishonesty” is an element to be established by the prosecution in a number of criminal offences, including theft and conspiracy to defraud. R v Ghosh [1982] QB 1053 had been a landmark case formulating the two-stage test on “dishonesty” as a direction to jury (the “Ghosh directions”), which comprised of: Whether the defendant’s conduct was dishonest […]
Buying a Property in Singapore and unsure of terms?
Reading Time: 7 minutesSingapore has one of the highest home ownership rates globally (about 90% of the population). As such, most Singaporeans will be involved in at least one property transaction in their lifetime. Purchasing or selling a property for the first time can be a daunting experience, especially when one is confronted by the mountain of legal […]
Different Share Classes Explained
Reading Time: 9 minutesEver wonder what the different share classes are? Shares represent the interest of a shareholder in a company and involve a bundle of rights and obligations between the shareholder and the company. Shares are an important source of financing for companies as shareholders are obligated to pay the amount payable for the share into the […]
Becoming a Director in Thailand?
Reading Time: 4 minutesDirectors’ duties and liabilities: fundamental requirements to keep a director safe from legal exposures The directors of a private limited company are considered the lawful representatives of the company and they act for and on behalf of the company. In performing their role, the directors, regardless of their nationality, are bounded by the same directors’ […]
What happens if my ex-spouse does not give me access to my child?
Reading Time: 4 minutesBackground We know that going through a divorce can be difficult, especially when it presents a whole new host of legal issues and terms you may be unfamiliar with. When there are children involved, you might be worried about issues of custody, care and control and access. These issues are increasing, given that divorce numbers […]
What should you know if you are arrested in Singapore?
Reading Time: 6 minutesThe police possess vast powers in Singapore – the most impactful which would be the power of arrest. Law abiding citizens would not have an encounter with the police that leads to an arrest or usually contemplate such a situation. However, in an unfortunate circumstance encountering the police on the wrong side of the law, […]
What is the difference between paid up and authorised capital?
Reading Time: 5 minutesIn 2006, Singapore abolished the concept of authorised capital. This streamlined and simplified the evaluation process for investors to evaluate companies. The distinction between authorised and issued share capital can at times be misleading. However, the removal of the concept of authorised capital has made it much easier for companies to distinguish between the two […]
Personal
SMU Lexicon: A Non-parent’s Maintenance Obligation
Reading Time: 7 minutesIntroduction 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 saddle you with a legal […]
Business
Singapore’s latest push as a restructuring and insolvency hub – Amendments to SICC rules
Reading Time: 3 minutesSingapore has earned a budding reputation as a hub for debt restructuring and insolvency in Asia, with its transparent legal system and judicial expertise. This growth can also be attributed to enduring efforts to innovate and reform. To enhance Singapore as a forum of choice in international restructuring and insolvency proceedings, the Rules of Court […]