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此文旨在帮助大家进一步了解自己在可能的法律纠纷中所面临的处境，并没有煽动或滋事的目的。在征得作者同意后，才在新生专版发表。
The text below is only the personal opinion of a law undergraduate and reliance shouldn't be placed on it.
For the scholarship deed, (Specimen, SM3, 2001 version)
1. Does the it allow a scholar to postpone the obligation of working for reasons like postgraduate study?
whether a scholar can postpone working for any reason appears to be at the sole discretion of the company. The starting point
is that within a month of an offer of employment made to the scholar, the offer has to be accepted. BUT if the company is
persuaded to let the scholar postpone for other reasons, the company has the sole discretion to do so. But if the company
doesn't want to, then either the scholar complies, or breaks bond and pay liquidated damages.
2. What does it mean by liquidated damage? Does the amount vary according to the number of years a person has worked, or the
number of years for which the 10% interest has accrued, or the number of years for which a person has been given the
scholarship( which can be fewer than 4 years in some cases)?
I don't know about the liquidated damages and what it entails because the details are apparently in the 'fourth schedule'
(clause 4a) which I do not have a copy of. But the damages should be exactly how it is spelt out in the fourth schedule, and
I think the wording should be quite clear. Note that the courts generally hold the signatories to the contract, and it is
difficult for the scholar to plead ignorance of the clauses or to get out the contract, because the courts generally want to
promote stability by not allowing parties to easily get out of the contract.
I believe a scholar will have to pay liquidated damages if there is any alteration to the course agreed, if the company
doesn't approve of the changes. Clause 4a of the scholarship deed is very broad, and grants the company sole discretion to
decide for example if the scholar "fails for any reason whatsoever" to take up the course of study.
To summarise, if the company doesn't approve of any changes to the original agreement, it is likely the scholar will have to
pay.
For the tuition grant deed,( 2002 version )
3. Will a person have to pay the liquidated damage if he or she doesn't get a degree as per normal( transfer to other schools
halfway)?
the contract allows the student to change courses halfway IF the government allows. Otherwise, the contract is about 'the
course' which is specified and alterations to the course without the government's consent can be reason for the scholar to
pay damages.
The scholar will have to seek employment in Singapore immediately on completion of the course i.e. on graduation, and the
employment must be in Singapore although it can be self-employment. However it seems that the scholar does not need to work
in Singapore continually for 3 years, but can break it up into shorter periods, as long as the total working time in
Singapore is 3 years.
4. How do you compare it with the scholarship deed, in terms of restrictiveness? What do you say about these two deeds, in
terms of complementarity?
The scholarship deed is more restrictive in that the scholar does not get as wide a choice of jobs to take up as the scholar
under the tuition grant.
But if the scholar under either contracts is seriously unhappy with any of the clauses, it's best to get a lawyer to advise
properly. This is just my opinion reading from the contract..
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