Consent in the context of rape: a discussion Ng Teng Wei Introduction In R. (F) v Director of Public Prosecutions, the English High Court examined the issue of consent in a case of rape. The case was an application for judicial review by the claimant against the Director of Public Prosecutions’ refusal to prosecute the intervener for rape and/or sexual assault. The UK Decision In R. (F) v Director of Public Prosecutions, the claimant had suffered from an abusive relationship with her former partner, with whom she had been in an Islamic marriage with, though they had never lived together. …continue reading
Downstream Investments in India By Akshata Srinath Foreign investment coming into India comprises of both direct and indirect investments. These investments are from non-residents and resident Indian entities. A Downstream Investment means such investment which is indirect foreign investment by one Indian company into another Indian Company by acquisition of shares and way of subscription. The framework until 2009 depended upon the press release by the DIPP wherein prior permission was required to be taken from Foreign Investment Promotion Board (“FIPB”) or any other concerned authority. The complication further arose when there were investments made by foreign owned Indian …continue reading
Dear Law school and friends, We wish everyone a Happy Lunar New Year and a blessed time with family and friends. In this issue, we share our thoughts on the legal recourse for migrant workers, as well as examine selected areas of the legal systems in Hong Kong and Brazil. We hope that you will enjoy reading the articles as much as we did writing them. Editors: Li Linzhe, Victor Leong and Zhuang Changzhong.
Meaghan Lim Hong Kong has unique legal characteristics as both an ex-colony of Britain and a Special Administrative Region (SAR) in China. To provide background, first, a timeline. Timeline 1842 – China cedes Hong Kong island to Britain. 1984 – Britain and China sign a Joint Declaration on the conditions under which Hong Kong will revert to Chinese rule in 1997. 1990 – Beijing formally ratifies Hong Kong’s Basic Law. 1992 October – Proposals for the democratic reform of Hong Kong’s institutions aimed at broadening the voting base in elections are announced. China is outraged at not being consulted, threatens …continue reading
Renato Leite Monteiro Data protection is current a trend topic on world politics, in both the media and society in general. The issue is far from new, but since Edward Snowden released information about a secret worldwide surveillance program performed by the United States of America National Security Agency on electronic communications over the Internet, news pops up almost every day revealing that not only common US and foreign citizens, but also head-of-states, have had their communications monitored. These revelations by Mr Snowden exposed a surveillance program that included tapping the Brazilian President. Such an act led the head-of-state to …continue reading