Legal Updates

Legal Updates for Apr - 2017

Amid Continuing Controversy, Minister Revisits Online Taxi Issue with New Regulation

Minister of Transportation Regulation No. PM 32 of 2016 on Unscheduled Public Transportation Services ("MOTR 32/2016"),issued on 1 April 2016 and came into force on 1 October 2016, clearly failed to resolve the tension between conventional taxi providers and the providers of app-based, online taxis. On one hand, conventional taxi providers argued that MOTR 32/2016 effectively legalized the operation of online taxis, while on the other hand, the online taxi providers complained that the regulation adversely affected their business model through such things as the requirement that their vehicles have a minimum of 1,300 cc and that they provide car pool facilities. These requirements, they argued, were akin to those applicable to conventional taxi providers. The intense competition to attract customers continued and even led to violence in several areas.

The Minister of Transportation has responded to the deficiencies inherent in MOTR 32/2016 by revoking and replacing it with Regulation No. PM 26 of 2017 on Unscheduled Public Transportation Services ("MOTR 26/2017"). MOTR 26/2017 was issued on 31 March 2017. The Minister presumably believes that MOTR 26/2017 is more accommodating to the demands of both parties.

27 Apr 2017 | Indonesia

Recent Legal Developments in Vietnam

This Update provides an overview of the key developments in Vietnam with respect to tax, new policy on commercial mediation, and proposed amendments to Vietnam's competition law.

25 Apr 2017 | Vietnam

Quick Guide to Inward Re-domiciliation to Singapore
One of the key changes introduced by the Companies (Amendment) Act 2017 is the introduction of an inward re-domiciliation regime in Singapore to boost Singapore's competitiveness as an international business hub. Under this regime, a foreign corporate entity ("FCE") will be allowed to transfer its registration to Singapore. Once re-domiciled, the FCE will become a Singapore company registered under the Accounting and Corporate Regulatory Authority of Singapore, and will be required to comply with the provisions of the Companies Act.

It is anticipated that the provisions relating to the inward re-domiciliation regime will come into force in the first half of 2017. This update provides an overview of the inward re-domiciliation regime.
24 Apr 2017 | Singapore

China Passes the General Provisions of its Civil Law

The National People's Congress of the People's Republic of China (the "PRC") passed the General Provisions of the PRC Civil Law (in Chinese, 中华人民共和国民法总则) (the "General Provisions") on 15 March 2017, which will take effect on 1 October 2017. The General Provisions are the opening chapter of the PRC civil code planned to be enacted in 2020, covering principles of civil law, definitions of terms in the civil legal system, civil rights, basic rules for civil acts, agency, civil liability, and litigation. In this Update, we set out some key highlights of the General Provisions.

19 Apr 2017 | China

China Passes the General Provisions of its Civil Law
The National People's Congress of the People's Republic of China (the "PRC") passed the General Provisions of the PRC Civil Law (in Chinese, 中华人民共和国民法总则) (the "General Provisions") on 15 March 2017, which will take effect on 1 October 2017. The General Provisions are the opening chapter of the PRC civil code planned to be enacted in 2020, covering principles of civil law, definitions of terms in the civil legal system, civil rights, basic rules for civil acts, agency, civil liability, and litigation. In this Update, we set out some key highlights of the General Provisions.
19 Apr 2017 | Singapore

Do Hacked Emails Retain Confidentiality?
The confidentiality of and legal professional privilege over documents and communications are key concerns of any client. They are also of concern to corporate entities with in-house counsel who provide legal advice to management. These issues take on a new dimension in an age when the security of computers is threatened as never before. In the case of Wee Shuo Woon v HT S.R.L. [2017] SGCA 23, the Singapore Court of Appeal had to consider whether advice that had been accessed by hacking the client’s email account and then posted on WikiLeaks were in the public domain and no longer entitled to legal protection.
18 Apr 2017 | Singapore

Personal Data Protection Updates - Public Consultation Paper No. 1/2017 – Personal Data Protection (Transfer of Personal Data To Places Outside Malaysia) Order 2017

We wish to bring to your attention Public Consultation Paper No. 1/2017 entitled "Personal Data Protection (Transfer Of Personal Data To Places Outside Malaysia) Order 2017" (the “Proposed Order”), which was recently published by the Personal Data Protection Commissioner (the “Commissioner”) on its official website.

The Proposed Order is a "White List" which permits the transfer of personal data to certain jurisdictions outside Malaysia, in accordance with Section 129(1) of the Personal Data Protection Act 2010 (PDPA). The Proposed Order has been published as an exposure draft wherein the Commissioner has requested for feedback and suggestions from the public to be submitted on or before 4 May 2017.

14 Apr 2017 | Malaysia

Voluntary Arrangements in Bankruptcy – Duties of the Debtor and Nominee
As an alternative to bankruptcy, debtors may explore voluntary arrangements, whereby the debtor seeks to obtain the creditors’ approval of a debt settlement proposal. In Re Aathar Ah Kong Andrew [2017] SGHCR 4, the High Court explored novel issues regarding such voluntary arrangements, including the scope of the duties of the debtor and the nominee supervising the arrangement. Jansen Chow and Priscilla Soh of Rajah & Tann Singapore LLP successfully represented one of the creditors in this matter.
12 Apr 2017 | Singapore

Execution of Judgments – Payment Before or After Appeal?
In the course of litigation, a successful party may be awarded damages, costs and interest. However, if the other party appeals the decision, can he defer the execution of the judgment? This was the question considered by the Singapore International Commercial Court in Telemedia Pacific Group Ltd and another v Yuanta Asset Management International Ltd and another [2017] SGHC(I) 3. The Plaintiffs were successfully represented by Paul Tan, Yam Wern-Jhien and Josephine Chee of Rajah & Tann Singapore LLP.
11 Apr 2017 | Singapore

Competition Bites – ASEAN & Beyond
Welcome to the latest edition of our quarterly regional competition update. The first quarter of 2017 saw Myanmar's competition law come into force, making it the 9th ASEAN Member State to have in place a generic competition policy. This quarter also saw various companies getting fined for 'gun-jumping', i.e. proceeding with a merger transaction before obtaining the relevant approvals from antitrust regulators. This Update will provide short and easy to read write-ups on these developments, as well as other important legal and economic developments with respect to competition law across a number of key jurisdictions that took place in the last quarter.
11 Apr 2017 | Singapore

Trade Talk: (i) Trump's Executive Order on Trade Enforcement; and (ii) Effect of UN Resolution on Importation of Coal from North Korea

In this second issue of TradeTalk, we highlight the updates on the recent Executive Orders by US President Donald Trump on trade enforcement, and the reaction from the various countries identified in the Order. We also highlight the effect of the United Nations Security Council Resolution on importation of coal from North Korea and the recent developments in Malaysia, which is one of the few countries that import coal from North Korea.

 

06 Apr 2017 | Malaysia

Proposed Changes to Singapore’s Registered Designs Regime
The Registered Designs (Amendment) Bill was read the first time in Parliament on 3 April 2017. The proposed legislative changes will update Singapore's registered designs regime to take into account latest trends in design and technology. This will also support the growth of the design industry in Singapore. This is the first major amendment to the Registered Designs Act proposed since the law was enacted in 2000.

This Update provides an overview of the key features of the Bill.
06 Apr 2017 | Singapore

Extension of Deadline of 2016 Tax on Profit Returns and Exemption of Penalty and Interest for Amendments of Filed Tax Returns

The General Department of Taxation of the Ministry of Economy and Finance issued Notification No. 5517 dated 31 March 2017 to extend the deadline for the filing of 2016 Tax on Profit Returns and the expiry date of the penalty and interest exemptions resulting from the amendment of filed tax returns to 30 April 2017.

03 Apr 2017 | Cambodia