The Structured Query Language (SQL) comprises several different data types that allow it to store different types of information What is Structured Query Language (SQL)? Furthermore, even within the subset of cases that employed neutral or negative interpretations of foreign citations, this was often the exception rather than the norm (e.g. Furthermore, we attempt to account for how foreign citations are used differently in these three jurisdictions, as well as the circumstances of their use. The late Supreme Court Justice Antonin Scalia vociferously criticized the use of foreign citation, expressing his view that it lends itself to manipulation.Footnote There will usually be little public interest in vigorously pursuing such cases in the courts as there is no compelling need for the law to adopt a heavy-handed approach in sentencing such offenders. Travel bans, stay-at-home restrictions, school closures how have countries responded to the pandemic? ninth, nineteenth, twenty-nineth, etc)Footnote 30 August 2017. How Global is the Common Law? A Comparative Study of Asian Common Law However, the common law constitutes a key form of judge-made law. All the software and code that we write is open source and made available via GitHub under the permissive MIT license. Singapore is an independent state located in Southeast Asia. Countries by Continent :: Asian Countries - Nations Online Project Four Asian Tigers is a term given to the economies of four countries Hong Kong, Taiwan, Singapore, and South Korea. 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. The previous charts looked at the number of confirmed deaths per day this chart shows the cumulative number of confirmed deaths since the beginning of the COVID-19 pandemic. A Conscious Effort to Develop a Different Common Law of Obligations: A Possible Endeavour? 56. Seized by the UK in 1841, Hong Kong was formally ceded by China the following year at the end of the First Opium War; the Kowloon Peninsula was added in 1860 at the end of the Second Opium War, and was further extended when Britain obtained a 99-year lease of the New Territories in 1898. An Introduction to English Legal History This is a matter of particular importance in the case of Hong Kong, since the common law rules of statutory interpretation are very different from those applied in China.Footnote While Canadian cases are referred to quite frequently by judges in Hong Kong, Malaysia, and Singapore (see Table 5), the borrowing of case law can hardly be described as a two-way street. For example, Hong Kong courts today are bound only by Privy Council decisions on Hong Kong appeals.Footnote Ghana being my country of birth will be compared with Singapore and Hong Kong which are very different and yet Singapore and Hong Kong are similar in much aspect through economic successes and different developmental strategies. 30. How Global is the Common Law? Subsequently charged of committing theft again, the respondent pleaded guilty in the District Court to two charges of theft. How do the number of tests compare to the number of confirmed COVID-19 cases? Transport Minister S. Iswaran . See Barker v Herbert [1911] 2 KB 633, 644-45, per Farwell LJ. The refusal to accept local decisions as definitive has prevented any real notion of distinctive binding case law from developing, while ensuring circulation of decisional law both from within and without.Footnote The authors would like to thank participants for their invaluable comments. Unlike Singapore, Hong Kong might be stuck with 'zero Covid' These figures have been corrected to account for false positive results from the search lists. A neutral citation means that the citing case does not challenge or explicitly disagree with the legal analysis carried out by the cited case; rather, it indicates that the cited case is inapplicable for some legal reason. . 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 Hong Kong experienced extreme speculative assaults on its stock exchange and currency, prompting extraordinary market interference by the Hong Kong State Monetary Authority. or NZ or N.Z. 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. And the second map shows the percentage change (growth rate) over this period: blue are all those countries in which the case count in the last two weeks was lower than in the two weeks before. In 1997, Tang Liang Hong, the leader of the Workers' Party in Singapore fled to Australia. Learn what we know about the mortality risk of COVID-19 and explore the data used to calculate it. Hence, cited English decisions from the period prior to these countries respective breaks with the Privy Council are non-binding in the strict legal sense and in fact, the majority of English citations in our sampled cases are indeed English court decisions. This chart shows the total number of COVID-19 vaccine doses administered per 100 people within a given population. In Miami, the plaintiff and her mother were proceeding from one gate to another and were directed by their escort to use an escalator. Waghorn v Waghorn [1942] 65 CLR 289, 297-98. In our page on COVID-19 testing, we provide charts and maps on how the number and change in tests compare across the world. Google Scholar. 43. Particularly, we find that Singapore and Malaysia cite frequently to each other, which would be expected given their shared history and proximity, and Singapore also tends to cite cases from Hong Kong. We look into this question in more detail on our page about the mortality risk of COVID-19, where we explain that this requires us to know or estimate the number of total cases and the final number of deaths for a given infected population. To assess this, we divided the English cases that appear in the sampled judgments into those that were decided before and after the citing jurisdiction ceased to refer to the Privy Council as its court of final appeal. Hence, examining the degree of prevalence allows us to understand the character of foreign citations in the three jurisdictions. Foreign direct investment (FDI) in developing countries in Asia remained flat at $662 billion in 2022, about half of global inflows, according to UNCTAD's World Investment Report 2023 published on 5 July. [12], In April 2004, Singapore and Hong Kong signed Memorandum of Understanding on Cultural Cooperation. The OxCGRT project calculates this index using nine specific measures, including: You can see all of these separately on our page on policy responses. 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. We want everyone to build on top of our work and therefore we always make all our data available for download. 21. Institutional Inequality and the Mobilization of the Family and Medical Leave Act 27 CrossRefGoogle Scholar. SINGAPORE - Singapore and Hong Kong will no longer launch the long-delayed travel bubble for quarantine-free travel between the two cities. Goh, Yihan and Tan, Paul, An Empirical Study on the Development of Singapore Law (2011) 23 Daily confirmed deaths: how do they compare to other countries? 35 Of the 564 English citations in the sampled Singaporean cases, only four were in reference to Singapore cases on appeal to the Privy Council.Footnote Updated Feb 01, 2023 Save to Bookmarks Singapore and Hong Kong have been Asia's top economic powerhouses for the longest time. It might be expected then that applying the common law in non-English speaking societies is a very different project from the practice of the common law in an English-speaking environment. Kaur, Sharon In fact, the imputation that the practice is motivated by an opportunistic mentality would be hard to sustain if it is found to be a routine feature of a jurisdiction. Among the groups of cases that cite to foreign opinions, both Hong Kong and Singapore judges on average cite to more foreign opinions than to domestic cases. Coding captured quantitative data, such as the number of foreign citations (further distinguished between citations from England and those from other foreign jurisdictions), as well as qualitative data. Note that this is counted as a single dose, and may not equal the total number of people vaccinated, depending on the specific dose regime as several available COVID vaccines require multiple doses. Rebecca Lai and Keith Collins March 19, 2020. Afghanistan; American Samoa; Armenia; Australia; Azerbaijan; Bangladesh; Bhutan; Brunei Darussalam; Cambodia; China; Cook Islands . This chart shows the cumulative number of confirmed cases per million people. The economy of Hong Kong experienced industrialization with growth in the textile industry during the 1950s. Help us do this work by making a donation. Despite the growing significance of enacted statutes and administrative rules and regulations, case law remains a bedrock of fundamental legal principles within common law systems. CrossRefGoogle Scholar; 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. 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. Powell, Richard This chart shows the cumulative number of confirmed deaths per million people. These jurisdictions appear to have given primacy to the absence of a causal link between the act of theft and the criminal intent of the offender due to the onset of kleptomania. 28. The treatment of a foreign citation can be categorized into one of the following three categories affirmative, neutral, or challenging. 16 45 The region is bordered by Guangdong province to the north and the South China Sea to the east, south, and west. However, Malaysia and Hong Kong do not cite to each other, and Hong Kongs citation to Singapore is minimal (see Table 5). 4 List of countries in the Asia-Pacific region and subregions - ESCAP Here, we refer only to direct citations; elsewhere as indicated we also refer to total citations, including both direct and embedded. In 2000, the Chinese University of Hong Kong conferred an honorary doctorate upon Lee Kuan Yew, to the dissatisfaction of the Student Union of the university. Hong Kong N=65; Malaysia N=92; Singapore N=51. To enable comparisons across countries it is expressed per million people of the population. Hong Kong ceased appeals to the Privy Council in 1997, at the same time as its political transition. 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. What share of the population hascompleted the initial vaccination protocol? 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. Asian Journal of Comparative Law 33 "coreDisableEcommerce": false, The data for each country can be found here: Hong Kong and Singapore Maximum daily temperatures in comparison Singapore Hong Kong This chart shows thenumber of confirmed COVID-19 deaths per day. 10 per cent of cases were surveyed for Malaysia by including every tenth case in the sample. 27. Historically, the Privy Council asked the three jurisdictions to treat House of Lords decisions as having great persuasive authority.Footnote Malaysian English The chart here shows how governmental response has changed over time. How do the cumulative number of confirmed deaths and cases compare? Hang Ng, Kwai, The search list generated a sub-population of opinions with foreign citations, allowing us to derive an accurate measure of reported cases that cite to foreign cases in Hong Kong, Malaysia, and Singapore. 475 Even today, with very few exceptions, the majority of common law judgments in Asian jurisdictions are written in English, which remains the official language of Hong Kongs highest court. By comparison, opinions that treat foreign cases neutrally and negatively are substantially fewer (see Table 7). We wrote adetailed explaineron what can and can not be said based on current CFR figures. The legal reason can either be that the scope of the principle of the cited case is considered too narrow or different to be of relevance, and/or the material facts between the two cases are too different to be considered prima facie similar. Because these are not known, we discuss what the current data on confirmed deaths and cases can and can not tell us about the risk of death. It consists of Hong Kong Island, originally ceded by China . 16. Their study suggested that guidance in judicial interpretation was seen by common law judges as the most plausible reason to refer to foreign court decisions. On any digital dashboard tracking the spread of Covid-19, on any graphic comparing country-by-country case curves or death tolls, they were the champs. Hong Kong - The World Factbook How many people have completed the initial vaccination protocol? Hong Kong N=98; Malaysia N=92; Singapore N=77. (CUP It is more accurate to describe the common law here as an imported global system of law, with a Western core that continues to draw from the international common law tradition while simultaneously building upon it with new domestic case law and precedents. Hong Kong N=65; Malaysia N=92; Singapore N=51. And the second map shows the percentage change (growth rate) over this period: blue are all those countries in which the death count in the last two weeks was lower than in the two weeks before. Letters. Global testing in comparison: how is testing changing across the world? Daily confirmed cases: how do they compare to other countries? We agree. Poor domestic demand also impacted the revival of these economies. Since its return to China in 1997, English ceased to act as the political language of governance.Footnote The common law is declared and discovered through a continuing reception of Anglo-American law and Commonwealth case law. [15] The vehicles were held for almost two months under the suspicion of trafficking of military equipment. We pay close attention to the role of non-English foreign cases in these jurisdictions. This is shown as the seven-day rolling average. There you can also compare these responses in countries across the world. See Singapore abolished Privy Council appeals in all cases, except those involving the death penalty or in civil cases where the parties had agreed to such a right of appeal in 1989, with the remaining rights of appeal abolished in 1994. 1998). [11] Judges in the studied jurisdictions also cite to one anothers decisions, although unevenly. Suchman, Mark C, On Beyond Interest: Rational, Normative and Cognitive Perspectives in the Social Scientific Study of Law (1997) A Tale of Two Cities: Comparative Study of Public Housing Policies of CrossRefGoogle Scholar; free for everyone to use for all purposes, the COVID-19 death count in more populous countries tends to be higher, our page about the mortality risk of COVID-19, Oxford Coronavirus Government Response Tracker, our visualization for the population of Iceland and the US. Ghana and Singapore were all third world countries. 55 Hong Kongs legal system is similar in its effectiveness and professional outlook. Perhaps part of the reason why these foreign courts are so reluctant to order the incarceration of the offender, despite repeated reoffending, is due to the realization that long-term imprisonment serves little purpose in the rehabilitation of the offender, which itself represents the greater public interest, that is to say, to prevent or ameliorate recidivism. Hussain, Nasser, Dezalay, Yves and Garth, Bryant G, ECtHR is abbreviation for European Court of Human Rights. This provides a clearer picture of where the pandemic is accelerating, staying the same, or reducing. Albiston, Catherine R, Hong Kong - Urbanization, Immigration, Services Sector, and Marine Foreign cases can be cited to resolve matters relating to due process and for identifying accepted standards. Four Asian Tigers - Overview, Economic Growth, Financial Crisis 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. Powell, Richard, The Role of English in Malaysian Law in K Bolton and A Hashim (eds), We have analysed the use of foreign citations in Hong Kong, Malaysia, and Singapore to empirically show that foreign cases are prominently used in the three jurisdictions. According to . 176 Thailand Hong Kong NOT TO SCALE Singapore 150 Malaysia A travel brochure has 72 holidays in four different countries. 46. 10 This chart shows the share of the total population that has received at least one dose of the COVID-19 vaccine. The District Court eventually imposed a total sentence comprising of one days imprisonment and a fine of $8,000 (Singapore Dollars). , 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. By the end of 2008, the GDP of all four countries decreased by an average annualized rate of about 15%. 10. The common law may have come to these societies as a transplanted system during the height of British colonialism; nonetheless, it has taken root and flourished. 15. (University of Chicago Press This approach also finds support in the following cases: (a) Discover your next role with the interactive map. 48. 2. Published online by Cambridge University Press: The case fatality rate is simply the ratio of the two metrics shown in the chart above. Besides procedural matters, foreign citations can also be used to substantively provide new contents to the law. 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.. South Korea and Taiwan implemented export incentives for the traded goods market. 46. 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.