See also To assess this, our analysis examines the extent to which foreign citations are employed in an affirmative, neutral, or negative manner. We will further address the nature of substantive issues within foreign citation and their implications in the discussion below. A total of 61.3 per cent of Hong Kong cases, 64.2 per cent of Malaysian cases, and 82.4 per cent of Singaporean cases cite to English cases (see Table 2). The economies were unique in terms of continued economic growth and high levels of fair income distribution. 1 Keep in mind that in countries that do very little testing the actual number of cases can be much higher than the number of confirmed cases shown here. if 19 was written in the Malay language, we would instead survey 20; if 20 was also ineligible it would also be skipped and so on). Note: Indicates what percentage of sampled judgments use the treatment categories (affirmative, neutral, negative) for some or all of the foreign cases discussed. Since Hong Kong and Singapore each had a significantly lower universe of cases, we sampled approximately 15% of cases for these jurisdictions. By comparison, the figures are 40 per cent for Malaysia and 34 per cent for Singapore. In general, citing to foreign decisions is uncommon at all levels of the federal courts.Footnote This approach also finds support in the following cases: (a) Suchman, Mark C, On Beyond Interest: Rational, Normative and Cognitive Perspectives in the Social Scientific Study of Law (1997) Which world regions have the most cumulative confirmed deaths? As such, not only do the three deviate greatly from the practices of the Anglo-American common law; together, they represent an extraordinary case of the Commonwealth model. It has an ability to move quickly into undefined space and leave its mark. In red countries the death count has increased. It is fair to say that Anglo-American common law tends to be self-referencing and sovereigntist in its legal temperament.Footnote The following chart shows the share of the total population that has completed the initial vaccination protocol. 23. 33 The results in Table 4 suggest that all three jurisdictions cite frequently and prolifically to English decisions, both from the periods before but, more importantly for our purposes, after their respective breaks with the Privy Council as the final appellate court. An affirmative citation means that a cited case is used in a positive way, either to state the established position of the common law or to support the reasoning process of the citing decision. } (CUP Because the number of tests is often volatile from day to day, we show the figures as a seven-day rolling average. Special Administrative Region of the People's Republic of China, Executive Council of the Straits Settlements, Ministry of Foreign Affairs of the People's Republic of China, Minister for Foreign Affairs of Singapore, "Singapore's Late Leader Foresaw Hong Kong Strife", "Hong Kong says Mr Lee Kuan Yew laid the most solid foundation for Singapore", "Singapore court frees 16-year-old blogger Amos Yee - CNN.com", "Hong Kong students protest near Singapore consulate urging Amos Yee's release", "Products that Hong Kong exports to Singapore (2012)", "Products that Singapore exports to Hong Kong (2012)", "Connecting to the Singapore Community in Hong Kong SAR", "Terrex incident: HK charges shipping firm, captain", "Terrex issue shouldn't be politicised, says Vivian", "HK charges ship's captain over Terrex incident", Economic and Trade Office of Hong Kong in Singapore, Consulate General of Singapore in Hong Kong, Constitutional and Mainland Affairs Bureau, Hongkongers by ethnicity and national origin, Agreement between New Zealand and Singapore on a Closer Economic Partnership, MalaysiaSingapore Points of Agreement of 1990, Singapore Treaty on the Law of Trademarks, Southeast Asian Nuclear-Weapon-Free Zone Treaty, Straits Settlement and Johore Territorial Waters Agreement of 1927, Trans-Pacific Strategic Economic Partnership, https://en.wikipedia.org/w/index.php?title=Hong_KongSingapore_relations&oldid=1155092457, Hong Kong and the Commonwealth of Nations, Short description is different from Wikidata, Articles with Chinese-language sources (zh), Creative Commons Attribution-ShareAlike License 4.0, This page was last edited on 16 May 2023, at 16:01. A frequent type of substantive use is for judges to invoke foreign cases to articulate the shared common law standards, tests, and approaches to address a host of garden-variety disputes. The recovery is highly attributed to government stimulus programs in each region, which resulted in greater than 4% growth in the GDP of each country in 2009. This provides a clearer picture of where the pandemic is accelerating, staying the same, or reducing. Hooker, M B, 3 "coreDisableEcommerceForBookPurchase": false, There are three questions about foreign citations in these jurisdictions that we set out to answer. "useRatesEcommerce": true The influential legal scholar and judge, Richard Posner, describes citing to foreign citations as an act of legal opportunism.Footnote ONG v Malaysian Airline System Bhd [2007] 3 HKLRD 255, 259-60. Simon, Stephen A, The Supreme Courts Use of Foreign Law in Constitutional Rights Cases: An Empirical Study (2013) 1(2) Journal of Law and Courts Excel shortcuts[citation CFIs free Financial Modeling Guidelines is a thorough and complete resource covering model design, model building blocks, and common tips, tricks, and What are SQL Data Types? Hong Kong Observatory (for weather . The difference between confirmed deaths and actual deaths varies by country. The four countries followed different approaches; Singapore and Hong Kong implemented neo-liberal trading regimes that promoted free trade. Leong Chee Kong & Anor v Tan Leng Kee [1999] 4 AMR 4422, where the court granted consolidation of two separate suits involving the same issues, facts and parties; (b) The term Asia refers conventionally to the eastern portion of the Eurasian landmass plus the island country of Japan and the island nations of Maritime Southeast Asia. 36. For instance, if 1,000 people died in Iceland, out of a population of about 340,000, that would have a far bigger impact than the same number dying in the United States, with its population of 331 million.1 This difference in impact is clear when comparing deaths per million people of each countrys population in this example it would be roughly 3 deaths/million people in the US compared to a staggering 2,941 deaths/million people in Iceland. There were a few instances of dissenting or concurring opinions. Goh, Yihan, A Conscious Effort to Develop a Different Common Law of Obligations: A Possible Endeavour? in Andrew Robertson and Michael Tilbury (eds), Dubai. Structured Query Language (known as SQL) is a programming language used to interact with a database. Excel Fundamentals - Formulas for Finance, Certified Banking & Credit Analyst (CBCA), Business Intelligence & Data Analyst (BIDA), Commercial Real Estate Finance Specialization, Environmental, Social & Governance Specialization, Cryptocurrency & Digital Assets Specialization (CDA), Business Intelligence Analyst Specialization, Commercial Banking & Credit Analyst (CBCA), Financial Modeling and Valuation Analyst(FMVA), Financial Planning & Wealth Management Professional (FPWM), Become a FinTech Industry Professional (FTIP). This global character, we argue, is by design. The article further discusses the ways in which the use of foreign case citations serve as a means for legal and professional enrichment. Fletcher, George P and Sheppard, Steve, The number of confirmed cases is lower than the true number of infections this is due to limited testing. Judges in these jurisdictions do not just cite to a foreign case incidentally. 1. 14. The Privy Council, Politics and Precedent in the Asia-Pacific Region, Judicial Decision-Making and Transnational Law: A Survey of Common Law Supreme Court Judges, Legal Rational Myths: The New Institutionalism and the Law and Society Tradition, On Beyond Interest: Rational, Normative and Cognitive Perspectives in the Social Scientific Study of Law, Basic Facts on Jurisdictions and Data Collection Process, Percentage of Total Published Cases Citing Foreign Cases by Category, Average and Maximum Number of Direct Citations per Case within Sample for Each Category, Percentage of Sampled Cases Containing English Citations Distinguished Between Pre- and Post-Break with the Privy Council, Percentage of Sampled Decisions Citing Cases from Indicated Jurisdiction, Percentage of Sampled Cases Using Foreign Citation for Procedural and Substantive Purposes, www.juriglobe.ca/eng/sys-juri/class-poli/common-law.php, www.freerepublic.com/focus/news/1352357/posts. (c) Hong Kong Tourism Board Visitor Hotline +852 2508 1234. for this article. A cited case is treated negatively if the logic of its legal reasoning or the principle it establishes is challenged or is considered out-of-date. Subsequently charged of committing theft again, the respondent pleaded guilty in the District Court to two charges of theft. The use of English in politics and government has quickly retreated since 1997, creating a linguistic environment that makes the use of the common law more difficult. Yet, such treatment of British and other Commonwealth case law as being significant to judicial decision-making is reflective of the trends we see vis--vis common law practices in these jurisdictions. Finally, in assessing the role of foreign citation in the three jurisdictions studied, it is useful to consider whether judges generally affirm the principles of the cited cases. What share of the population hascompleted the initial vaccination protocol? All of the initiatives helped the four countries reach an average growth rate of 7.5% per year for three decades, thereby gaining the status of developed countries. We surveyed a random sample for each jurisdiction of 10 to 15 per cent of cases selected in the first stage.Footnote Hong Kong is the last among the three jurisdictions to create its own court of final appeal. 2014) 329 For newer and aspiring common law jurisdictions such as the three studied here, referring to foreign cases is an important means of enriching and globalizing the contents of the law. Tests conducted vs. confirmed cases [scatterplot], Weekly confirmed cases per million people, Weekly confirmed deaths per million people, How many COVID-19 vaccine doses are administered, How many COVID-19 vaccine doses have been administered, What share of the population has received, Daily number of COVID-19 vaccine doses administered, US state-by-state data: Daily vaccine doses administered, US state-by-state data: Daily vaccine doses administered per 100 people, US state-by-state data: Total vaccine doses administered, US state-by-state data: Total vaccine doses administered per 100 people, Number who have received at least one dose of the vaccine, US state-by-state data: Number who have received at least one dose of the vaccine, US state-by-state data: Share who have received at least one dose of the vaccine, Number who have completed the initial vaccination protocol, US state-by-state data: Number who have completed the initial vaccination protocol, US state-by-state data: Share who have completed the initial vaccination protocol, Global COVID-19 vaccinations in comparison, The scale of testing compared to the scale of the outbreak. Formal institutional practices of the common law, such as the case law tradition, stare decisis, and the adversarial set-up of the litigation process, have all shaped the judicial interpretations of rights within other co-existing legal systems in Asia, and in the process, have shaped the substance of these laws. See Table 3 for averages by category (domestic, English, non-English foreign). By studying the use of foreign citations in the reported opinions of these jurisdictions, we show that they have acquired a judicial character that is distinctively outward-looking and global. 48 An emphasis on case law, particularly the use of foreign citations, reinforces a sense of continuity among common law practitioners that transcends national boundaries. The economies were unique in terms of continued economic growth and high levels of fair income distribution. 2005) 20 Hong Kong remains the jurisdiction that stays closest to the decisions of English courts. 903 Foreign citations are so common that we would describe their prevalence as part of the judicial style of Malaysian judges. Overall, the legal opinions in the countries surveyed extensively and consistently cite to other common law jurisdictions. The 2008 Global Financial Crisis hit hard the economies of Four Asian Tigers that profited from consumption by Americans. Suchman, Mark C and Edelman, Lauren B, Legal Rational Myths: The New Institutionalism and the Law and Society Tradition (1996) 21 52 We hope that this study will generate further interest in learning about the vibrant development of the common law in Asia. Overall, of the total number of 489 English citations made in the sampled Hong Kong cases, only nine of these citations were of Hong Kong cases on appeal to the Privy Council. For the sake of comparison, we conducted a brief survey of Canadian reported cases using the popular Lexis-Nexis database. Close this message to accept cookies or find out how to manage your cookie settings. As Fletcher and Sheppard suggest, procedure dominates the common law, and in the cracks and joints of the procedural machine we can find rules of substantive law.Footnote Aiden Shipping Co Ltd v Interbulk Ltd [1986] 1 AC 965, a decision of the House of Lords with a coram of Lord Bridge of Harwich, Lord Brightman, Lord Mackay of Clashfern, Lord Ackner and Lord Goff of Chieveley where the motions to remit the arbitration awards that arose out of the same incident were heard together; and, (e) Such instances of judges responding to cases raised by counsel highlight the fact that for the legal communities in these jurisdictions, which include advocates as well as judges, the use of foreign cases is entrenched in the practice of law. Hong Kongs colonial period stretched longer, ending in 1997 when Hong Kong became a Special Administrative Region of the Peoples Republic of China (see Table 1 for basic facts on jurisdictions). (University of Chicago Press In both Hong Kong and Singapore, Covid fatalities are far . proper test of judicial bias;Footnote Because of limited domestic markets in Singapore and Hong Kong, domestic and foreign prices were linked. Singapore outperforms Hong Kong in innovation output, with MNCs and GLCs as the main contributors in the industry. First, how prevalent are foreign cases in the three jurisdictions? While the percentage of cases featuring any foreign citation is impressive in itself, it is also worth noting the extent of citation within individual judgments. Take the case of the United States as an example. Why you can trust SCMP 1.2k Post A health official stands guard at the entrance of a market in Singapore on October 9 to manage the flow of people in an attempt to curb the spread of Covid-19.. Outside of England, the most cited foreign authorities include Australia, Canada, New Zealand, and India (see Table 5). Citations in Malaysian judgments are often extensive and in-depth, including, notably, long quotations from foreign cases. See Public Prosecutor v Azwan Irewan bin Rosni [2009] 8 MLJ 201. 11. This may not equal the share with a complete initial protocol if the vaccine requires two doses. In fact, most of these studies focus only on constitutional cases, and this is understandably so as constitutional debates are occasions where politics and law interact. Like Malaysia, Singapore employs a significant number of Indian cases, albeit at a lower percentage (10 per cent), on issues related to the interpretation of the Code as well as other matters. Singapore and Hong Kong are seen as leading foreign financial hubs, while Taiwan and South Korea are pioneers in the manufacture of electronic components and computers. 15. 47. Biweekly cases: where are confirmed cases increasing or falling? (Hart Publishing This chart shows the total number of COVID-19 vaccine doses administered per 100 people within a given population. Google Scholar. or Singapore or USA or U.S.A. or U.S. or Hong Kong or HK or H.K. This is an important distinction in the context of the three jurisdictions we study. Instead, Cantonese has assumed an expanded role in political debates, alongside the more visible presence of Mandarin in oral discourse. categories of cases relevant to death caused by dangerous driving;Footnote Of the 624 English citations in the sampled Malaysian cases, 13 of these were in reference to Malaysian cases on appeal to the Privy Council. By contrast, substantive uses are those that invoke specific legal-normative standards drawn from foreign cases to apply to the facts of the local case. Hong Kong N=98; Malaysia N=92; Singapore N=77. 56. Thus, of the cited English cases from the pre-break period, legally binding precedents constitute a very small minority. Malaysia became an independent nation in 1957. As can be seen here, the sampled judgments in each of the three jurisdictions cite on average between four to six different English cases and an individual judgment may contain as many as 54 (in the case of Hong Kong). If these courts cite to English cases that were handed down after their respective breaks from the Privy Council as the final appellate court, it lends weight to the claim that citing to foreign cases is a voluntary act of referencing, not an act of citing ones own precedents. 2. Singapore and Hong Kong are very different and yet very similar in many respects. On the rare occasions where foreign citations are used, for example in some high profile cases of the Supreme Court, citing to foreign cases is considered a controversial act.Footnote The accepted practice of frequent foreign citation enables the courts, at times, to develop the law at the margins. Citing to foreign cases, when practiced on a broad and regular basis, dramatically expands the pool of available cases to which a judge may refer. [15] The vehicles were held for almost two months under the suspicion of trafficking of military equipment. Associate Professor, Department of Sociology. 4 This scatter chart provides another way of seeing the extent of testing relative to the scale of the outbreak in different countries. 10 per cent of cases were surveyed for Malaysia by including every tenth case in the sample. . and Citing to foreign cases allows the jurisdictions to draw from a shared repertoire of legal know-how to uphold procedural rigor, adhere to shared legal concepts, ideas and approaches to statutory interpretation, and occasionally, to fill a gap in the domestic law. By reaching beyond domestic legal knowledge and running between the cracks of statutory law, the common law in Asia has acquired a global character that is unique by virtue of its extent and depth foreign citations are almost as common as domestic citations in the case law of the three jurisdictions. 63. List of Excel Shortcuts 38. Meanwhile, South Korea and Taiwan started to industrialize in the mid-1960s with significant government intervention, including programs and policies. To understand the risks and respond appropriately we would also want to know the mortality risk of COVID-19 the likelihood that someone who is infected with the disease will die from it. To identify the proportion of reported cases with foreign citations, we derived a list of search terms, designed to capture cases that used foreign citations or foreign references in their text. Aziz, Mohammad Firdaus bin Abdul Beyond case citation, the international-looking legal culture is further underlined by frequent reference to foreign texts and specific references to influential foreign jurists, particularly English judges. According to the judge, there have only been three known kleptomaniacs apprehended and charged in Singapore recently; ibid 871. The result about the persistent presence of English decisions in the case of Singapore is consistent with the findings in Singapores legal system is among the most effective and professional in the world. Feature Flags: { A precise formulation of the relevant issues is seen as a necessary preparation to a pleading; discovery (advance information about the opponents witnesses and evidence) and other pre-trial procedures are given the closest attention.Footnote Samanda Holdings Bhd v Sakullah Holdings Sdn Bhd & Ors [2006] 4 MLJ 381. and the definition of a hostile witness.Footnote Hong Kong N=98; Malaysia N=92; Singapore N=77. 98 facts in comparison Hong Kong vs Singapore Hong Kong Singapore How does Hong Kong compare to Singapore? How many people have received at least one vaccine dose? If you move both ends of the time-slider to a single point you will see a bar chart for that point in time. Judges lean on foreign citations from England and other prominent jurisdictions to justify that their method of deciding is based on the common law way. 7 The common law is a procedurally complex system, with complex formality in the rules of evidence and pre-trial procedures. Yet, as this article will show, these jurisdictions display a strong self-referencing and sovereigntist tendency most manifest in their aversion to citing to foreign cases that is not the practice in newer common law jurisdictions. The Government of China has always been staunchly opposed any country with diplomatic ties to China maintaining official relations with the Republic of China in any form, including military exchanges and cooperation. Other examples of substantive issues that we came across in our survey include: whether a particular religious practice is integral to freedom of religion; the requirements for a bank rejecting documents; liability in the case of inadvertent patent violation; the validity of a collective sale agreement in a property sale; and evaluating an offenders psychiatric condition in a criminal case. However, as a matter of law, only Privy Council decisions on appeal from the appellate court of a particular jurisdiction are binding in that jurisdiction. Embedded citations are an important way through which particular foreign cases become institutionalized and perpetuated within judicial practices. See also Leung Chun Ying and Lee Hsien Loong talked about cooperation and interaction between Hong Kong and Singapore including housing, land use planning and infrastructures. 741, 747-749 Cited foreign cases are in no way limited to old English cases that are deemed foreign as a result of formal separation, but rather, include citations to recent English cases as well as non-English foreign cases from a broad range of countries. In a paradoxical way, as a result of the extensive borrowing done by the judges and lawyers of these jurisdictions, the common law as practiced in Hong Kong, Malaysia, and Singapore is much more global and transnational than the common law as practiced in England and the United States. As in many large urban centres of the world, Hong Kong's population has increased in the late 20th century. Chan, Gary K Y, The Right of Access to Justice: Judicial Discourse in Singapore and Malaysia (2007) 2 Inflows were highly concentrated. Foreign citations contribute significantly to the legal development of the three jurisdictions. , the rise of the economies of the Four Asian Tiger nations (known as the Asian Miracle) was due to export-oriented policies and strict development policies. Figure 2: Different Models of Housing Markets in Hong Kong and Singapore (2015)6 This paper will first look into the geographical information and social economic development and characters of Hong Kong and Singapore so as to draw a background of the two cities.
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