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Reflections on Section 2(2) of Singapore Evidence Act and Role of Common Law Rules of Evidence – New Discoveries on Intentions and Implications

Benny Tan Zhi Peng

(2018) 30 SAcLJ 224

It has been said that the question regarding s 2(2) of the Singapore Evidence Act and its effect on the extent common law rules of evidence can play a role here is perhaps the most controversial in the law of evidence in Singapore. In this piece, the author attempts to exhaustively relook at whether there is a better way to tackle this conundrum, only to find out that we have all along been mistaken as to the true draftsman of that provision. Based on this new finding, the author considers the intentions of that draftsman behind including the provision and propose a reconsidered approach to deal with any issue relating to relying on common law rules of evidence when applying the Evidence Act.