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Constitutional Dialogue in Common Law Asia$
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Po Jen Yap

Print publication date: 2015

Print ISBN-13: 9780198736370

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780198736370.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 September 2021

Freedom of Expression

Freedom of Expression

(p.107) 6 Freedom of Expression
Constitutional Dialogue in Common Law Asia

Po Jen Yap

Oxford University Press

In this chapter, the contemporary adjudicatory approach of the common law courts of Hong Kong, Malaysia, and Singapore in free speech disputes is examined. This chapter argues that courts can engage in soft dialogic review by protecting the right of free expression through the use of common law and/or administrative law doctrines that do not foreclose legislative intervention. Section I, examines the law on defamation. Section II analyses the law on contempt of court. Finally, Section III analyses the regulatory restrictions on public assemblies. In each section, the legal position in each jurisdiction is contrasted and critiqued. In every section, the chapter shall contrast and critique the legal position in each jurisdiction and examine how the courts can apply dialogic tools of administrative and ‘common law’ review to reform the law in each of these areas.

Keywords:   freedom of expression, defamation, qualified privilege, fair comment, contempt of court, scandalizing the judiciary, public assembly

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