# legal_provisions

document_id: samho-1934
provision_ref: s26
section: 26
title: Powers of Board of Management
content:
26. Subject to the provisions of the preceding section the Board shall have the entire superintendence and control of the Hospital and of the property and affairs of the Corporation, and shall govern, direct and decide all matters whatsoever connected with the administration of the affairs of the Corporation and the accomplishment of the objects and purposes thereof, and shall have and may exercise all the powers conferred on and vested in the Corporation by this Ordinance, and may make, vary and repeal such standing orders as they may from time to time think fit in relation to any matters within the scope of their authority, including the conduct and transaction of their business, subject nevertheless to the rules in force under this Ordinance.


document_id: samho-1934
provision_ref: s27
section: 27
title: Executive committee
content:
27. The Board may delegate all or any of their powers, authorities or discretions to an executive committee consisting of such members of the Board as the Board shall think fit, or may be prescribed by the rules in force under this Ordinance and also may from time to time appoint other committees consisting wholly or partly of members of the Board for any special purposes.


document_id: samho-1934
provision_ref: s28
section: 28
title: Board to act notwithstanding any vacancy
content:
28. The Board may act notwithstanding any vacancy in its body and all acts done by any meeting of the Board or of a committee of the Board shall, notwithstanding that it shall be afterwards discovered that there was some defect in the appointment of any member or members of the Board attending such meeting, or that they or any of them were disqualified, be as valid as if every person purporting to act as a member of the Board had been duly appointed, and was qualified to be a member of the Board.


document_id: samho-1934
provision_ref: s29
section: 29
title: Annual general meeting
content:
29. A general meeting, to be called the annual general meeting, shall be held annually not later than the month of April in each year and at such meeting a report of all the affairs of the Hospital including the number of in-patients and out-patients treated and a full account of all the receipts and expenditure of the Corporation, together with a balance sheet for the past year, shall be presented by the Board, and there shall be elected the auditor for the ensuing year and elective members of the Board in place of the out‑going members.


document_id: samho-1934
provision_ref: s30
section: 30
title: Special meeting
content:
30. The Board may at any time and shall on a requisition signed by not less than 10 members of the Corporation stating the objects of such requisition summon a special meeting of the members of the Corporation to be held not less than 3 weeks and not later than 6 weeks after the receipt of such requisition. If they neglect to do so within 14 days after the receipt of any such requisition, the requisitionists may summon such meeting. The notice convening the meeting shall specify the particular matter or matters to be discussed.


document_id: samho-1934
provision_ref: s31
section: 31
title: Rules
content:
31. The Board may make rules subject to the approval of the Minister not inconsistent with this Ordinance — ( a ) to regulate the calling of meetings of members of the Corporation, the quorum necessary for the transaction of business, the voting of members of the Corporation and the procedure for the transaction of business; ( b ) to regulate the proceedings of the Board, the calling of meetings, the quorum necessary for the transaction of business, the voting of the members of the Board and the procedure for the transaction of business; ( c ) for the appointment of an executive committee and other committees and for the delegation of all or any of the powers of the Board to any such committee; ( d ) for the appointment of a Secretary either honorary or as a salaried officer; ( e ) to regulate the exercise of executive power by the Board or the Executive Committee or other committees and the officers of the Corporation and the custody and use of the common seal; ( f ) to regulate the keeping and presentation of accounts and the register of members; ( g ) to regulate the general administration of the Hospital; ( h ) generally to carry out the objects of this Ordinance.


document_id: samho-1934
provision_ref: s32
section: 32
title: Rules in Second Schedule to apply
content:
32. The rules set forth in the Second Schedule hereto shall be the rules of the Corporation until the same shall be repealed or altered in manner hereinafter provided.


document_id: samho-1934
provision_ref: s33
section: 33
title: Revocation, alteration and addition of rules
content:
33. The rules or any of them may from time to time be revoked, altered or added to by the Board provided that due notice shall have been given to the members of the Board of the proposed revocation, alteration or addition and that such revocation, alteration or addition is approved by a majority of not less than two‑thirds of the members voting on the question.


document_id: samho-1934
provision_ref: s34
section: 34
title: No revocation, alteration or addition of rules unless approved by Minister
content:
34. No revocation, alteration or addition of the rules set out in the Second Schedule hereto shall come into operation until the same shall have been approved by the Minister and shall have been published in the Gazette .


document_id: samho-1934
provision_ref: s35
section: 35
title: Winding up
content:
35. It shall be lawful for the Board with the sanction of a special general meeting of the members of the Corporation called for the purpose to wind up the affairs of the Corporation in such manner as shall be directed by such special general meeting, or, in default of such direction, as the Board shall think expedient, having due regard to the liabilities of the Corporation for the time being; and on the winding up of the Corporation the investments specified in the First Schedule and any property whatsoever which may remain, after satisfaction of all its debts and liabilities, shall not be paid or distributed amongst the members of the Corporation or any of them, but shall be given and transferred to some missionary association, society or institution of the Church of England within the Diocese of Singapore having objects similar or in part similar to the objects of the Corporation, such association, society or institution to be determined by a majority of three‑fourths of the Board of Management, with the approval of the Society for the Propagation of the Gospel, and in default thereof by the General Division of the High Court. [40/2019]


document_id: samho-1934
provision_ref: s36
section: 36
title: Saving of Government and other rights
content:
36. Nothing in this Ordinance contained shall affect the rights of the Government, all bodies politic and corporate and all others except such as are mentioned in this Ordinance and those claiming by, from or under them. [7/97]


document_id: sao-1939
provision_ref: s2
section: 2
title: The General of the Salvation Army to be deemed a corporation sole
content:
2. —(1) The General of the Salvation Army for the time being shall be deemed a corporation sole (hereinafter called “the Corporation”) and shall be known and described as “The General of the Salvation Army” and by this name shall have perpetual succession and shall and may have and use a corporate seal. (2) The said seal may from time to time be broken, changed, altered and made anew as to the Corporation seems fit.


document_id: sao-1939
provision_ref: s3
section: 3
title: Movable property vested in the Corporation
content:
3. All movable property in this Colony now vested in the said Evangeline Booth is hereby vested in the Corporation to the like extent to which the same vested in the said Evangeline Booth prior to 15 September 1939.


document_id: sao-1939
provision_ref: s4
section: 4
title: Power of the Corporation to acquire immovable and movable property
content:
4. The Corporation shall have full power to acquire by purchase, transfer, donation, exchange, devise, bequest, grant, gift, conveyance, or otherwise any immovable or movable property in this Colony or any estate or interest therein.


document_id: sao-1939
provision_ref: s5
section: 5
title: The Corporation entitled to sell, mortgage, etc.
content:
5. The Corporation shall, subject to any restraint, reservation or condition contained in the document under which it shall acquire title thereto have full power and be entitled to sell, mortgage, lease, exchange, partition, or otherwise dispose of and deal with all property (immovable as well as movable) which may for the time being be vested in or have been acquired by it under any of the provisions of this Ordinance.


document_id: sao-1939
provision_ref: s6
section: 6
title: Use of corporate seal
content:
6. —(1) All deeds, documents and other instruments requiring the seal of the Corporation shall be sealed with the seal of the Corporation in the presence of the General for the time being of the Salvation Army or his attorney duly authorised by a power of attorney deposited under section 48 of the Conveyancing and Law of Property Act 1886 and shall also be signed by the General for the time being or his attorney so authorised as aforesaid. (2) Such signing shall be and be taken as sufficient evidence that the said seal was duly and properly affixed and that the same is the lawful seal of the Corporation.


document_id: sao-1939
provision_ref: s7
section: 7
title: Powers of suing and being sued
content:
7. The Corporation may sue and be sued and take all legal proceedings in any of the Courts of the Colony and all originating claims, notices and legal process may be served upon the Corporation by being left at the residence in this Colony of the duly appointed Attorney of the General for the time being of the Salvation Army. [Act 25 of 2021 wef 01/04/2022]


document_id: sao-1939
provision_ref: s8
section: 8
title: Change of person holding office of General not to affect property and interest
content:
8. No change of the person holding the office of General of the Salvation Army shall affect any immovable or movable property or any interest therein vested in the Corporation but the same shall notwithstanding any such change continue to be vested in the Corporation.


document_id: sao-1939
provision_ref: s9
section: 9
title: Who to be deemed General of the Salvation Army
content:
9. Upon the lodging at the office of the Minister of a copy or copies certified by the Chief of the Staff of the Salvation Army or the Commissioner acting for the time being as the Chief of the Staff of the Salvation Army of a document or documents purporting to be or to record the appointment of and acceptance of office by a General of the Salvation Army it shall be deemed to be conclusive in evidence that the person named in such certified copy or copies is the person duly authorised to exercise the office of the General for the time being of the Salvation Army until the recording and lodging of a similarly certified copy or copies as aforesaid.


document_id: sao-1939
provision_ref: s10
section: 10
title: Power to appoint Attorney
content:
10. The General for the time being of the Salvation Army shall have power to appoint an Attorney for such time and purposes and with such powers as may be stated in the power of attorney and a notarially certified copy of the said power of attorney shall be lodged at the office of the Minister and the donee of the said power of attorney shall be deemed to be the duly authorised Attorney of the General for the time being of the Salvation Army until the recording and lodging of a subsequent and similarly certified copy power of attorney.


document_id: sao-1939
provision_ref: s11
section: 11
title: Not to prejudice right of Government, etc.
content:
11. Nothing in this Ordinance shall prejudice or affect the right of the Government or any body politic or corporate or of any other person or persons, except such as are mentioned in this Ordinance and those claiming by, from, through, or under them. [7/97]


document_id: sbfa-2001
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “authorised person” means a person authorised by the Board; “Board” means the Board of Trustees of the Singapore Business Federation mentioned in its Constitution; “Constitution”, in relation to the Singapore Business Federation, means the instrument constituting the Singapore Business Federation and containing the rules thereof, and subject to which the Federation is registered under the Societies Act 1966; “Council” means the Council of the Singapore Business Federation mentioned in its Constitution; “foreign chambers of commerce and industry” means any organisation in Singapore which represents the interests of persons from a foreign country, or any region or part of a foreign country, who are carrying on business in Singapore; “foreign company” means a foreign company which is registered under Division 2 of Part 11 of the Companies Act 1967 or under any corresponding previous written law; “local company” means a company incorporated under Division 1 of Part 3 of the Companies Act 1967 or under any corresponding previous written law; “rules”, in relation to the Singapore Business Federation, has the meaning given by section 11(3) of the Societies Act 1966; “Singapore Business Federation” means the society registered under the Societies Act 1966 by that name, and “Federation” is to be construed accordingly.


document_id: sbfa-2001
provision_ref: s3
section: 3
title: Objects of Singapore Business Federation
content:
3. The objects of the Singapore Business Federation are — ( a ) to enhance the organisation of the business community in Singapore; and ( b ) to represent, advance, promote and protect, in Singapore and abroad, the major business concerns (such as investment and trade opportunities and labour management issues) of business entities carrying on commerce and industry in Singapore and, in particular, of larger local and foreign companies.


document_id: sbfa-2001
provision_ref: s4
section: 4
title: Composition of Council
content:
4. —(1) The Council consists of the members specified in the Constitution of the Federation who must include — ( a ) one nominee from each of the local ethnic chambers of commerce and industry specified in the Schedule; and ( b ) such number of representatives from foreign chambers of commerce and industry, not exceeding one‑quarter of the total number of members of the Council. (2) The Minister may, by order in the Gazette , amend, add to or vary the Schedule.


document_id: sbfa-2001
provision_ref: s5
section: 5
title: Membership of Federation
content:
5. —(1) Every — ( a ) local company which has a paid-up share capital of or above the amount of $500,000; and ( b ) foreign company which has an authorised share capital of or above the amount of $500,000, becomes, by virtue of this section and without election, admission or appointment, a member of the Federation, unless the membership of the local or foreign company is terminated in accordance with the Constitution of the Federation. (2) The Minister may, by order in the Gazette — ( a ) exempt any local or foreign company or any class of local or foreign companies from subsection (1); and ( b ) substitute the amount of paid-up share capital or authorised share capital specified in subsection (1)( a ) or ( b ) (as the case may be) with any other amount that the Minister may determine.


document_id: sbfa-2001
provision_ref: s6
section: 6
title: Appointment of Board
content:
6. —(1) The Minister is to appoint the Board of Trustees of the Federation, consisting of such number of trustees as the Minister thinks fit. (2) The Minister may appoint one of the trustees on the Board to be the Chairperson. (3) The Chairperson and every other trustee on the Board hold office on such terms and conditions and for such period as the Minister may determine. (4) The Minister may, at any time, remove or replace any trustee on the Board and appoint new or additional trustees to the Board.


document_id: sbfa-2001
provision_ref: s7
section: 7
title: Functions and powers of Board
content:
7. —(1) The Board is responsible for ensuring that — ( a ) the Federation acts in furtherance of its objects as set out in this Act and in its Constitution; ( b ) the funds and assets of the Federation are properly accounted for and safeguarded; and ( c ) the persons who are members of the Council are fit and proper persons to hold such office. (2) The approval of the Board is required for the following matters: ( a ) the annual report and accounts of the Federation; ( b ) the annual budget of the Federation; ( c ) the acquisition, sale, lease, mortgage, alienation or disposal by the Federation of any movable or immovable property of such value as the Board may determine; ( d ) the appointment of members of the Council; ( e ) any proposed amendment to or variation of the Constitution of the Federation.


document_id: sbfa-2001
provision_ref: s8
section: 8
title: Accounts to be kept
content:
8. —(1) The Council must — ( a ) cause to be kept full and proper accounts and records of all financial transactions of the Federation; ( b ) ensure that payments out of the funds of the Federation are correctly made and properly authorised; and ( c ) ensure that adequate control is maintained over the assets and receipts of the funds of the Board. (2) The accounts of the Federation must be audited by an auditor appointed by the Council with the approval of the Board. (3) A person is not qualified for appointment as an auditor under subsection (2) unless the person is a public accountant within the meaning of the Companies Act 1967. (4) The Council must cause a copy of the audited accounts of the Federation and the auditor’s report to be submitted to the Board. (5) The Minister may, by regulations made under section 13, provide for the proper control and management of the funds of the Federation and for the proper accounting, reporting, auditing and periodic examination of the accounts of the Federation.


document_id: sbfa-2001
provision_ref: s9
section: 9
title: Access to accounts and other records
content:
9. —(1) The Board or any authorised person is entitled, at all reasonable times, to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Federation. (2) The Board or any authorised person may require any person to disclose or furnish to the Board or authorised person (as the case may be) such information or document which such person possesses or has access to as the Board or authorised person considers necessary — ( a ) for the purpose of ascertaining whether the funds of the Federation have been applied or expended in accordance with or in furtherance of its objects as set out in this Act and in its Constitution; or ( b ) for the proper discharge by the Board of its functions under this Act. (3) Any person who — ( a ) without reasonable excuse, fails to comply with any requirement of the Board or any authorised person under subsection (2); ( b ) furnishes to the Board or any authorised person any information or document which the person knows or has reason to believe is false; or ( c ) hinders, obstructs or delays the Board or any authorised person in the performance by the Board or the authorised person of their respective duties or in the exercise of their respective powers under this section, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.


document_id: sbfa-2001
provision_ref: s10
section: 10
title: Dissolution of Federation
content:
10. —(1) The Federation must not be dissolved without the prior approval of the Minister. (2) Upon dissolution of the Federation, the movable or immovable property of the Federation must be disposed of in such manner as may be determined by its members and approved by the Board.


document_id: sbfa-2001
provision_ref: s11
section: 11
title: Act to prevail over Constitution of Federation
content:
11. —(1) Any provision of the Constitution of the Federation that is inconsistent with this Act shall, to the extent of the inconsistency, be void. (2) Nothing in this Act is to be construed to excuse or exempt the Federation from complying with any written law that (apart from this Act) would apply to it.


document_id: sbfa-2001
provision_ref: s12
section: 12
title: Subscriptions payable by members
content:
12. —(1) Every local or foreign company that is a member of the Federation by virtue of this Act must pay to the Federation an annual or periodic subscription of such amount as may be — ( a ) determined by the Council after consultation with the Board; and ( b ) approved by the Minister. (2) For the purpose of subsection (1), the Council, after consultation with the Board and subject to the approval of the Minister, may — ( a ) divide the members of the Federation into different classes; ( b ) determine that different amounts of subscription are to be payable by different classes of such members and for different periods; ( c ) vary from time to time, the subscriptions payable by such members or different classes of such members; and ( d ) determine the rate of interest that is payable by any such member in the event that any subscription due from such member remains unpaid for such period as the Federation may determine. (3) The amount of subscription prescribed as being payable by any member of the Federation under this section must not exceed in the aggregate $1,500 in any calendar year. (4) Any subscription that is payable to the Federation under this section may be recovered by the Council by an action for a debt in any court of competent jurisdiction. [33/2018]


document_id: sbfa-2001
provision_ref: s13
section: 13
title: Power to make regulations
content:
13. The Minister may make such regulations as may be necessary or expedient for the purposes of this Act.


document_id: sbgcpsa-1983
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, “specified organisation” means a statutory body or a Government company which is specified in the Schedule.


document_id: sbgcpsa-1983
provision_ref: s3
section: 3
title: Protection of secrecy
content:
3. —(1) A person who is or has been a member or an officer, employee or agent of a specified organisation must not, without authority of that organisation, disclose to any other person any secret or confidential document or information which the person has obtained or to which the person has access by virtue of the person’s position as such member, officer, employee or agent. (2) Subsection (1) does not apply to the disclosure of any document or information — ( a ) for the purpose of the performance of his or her duties or functions by any member, officer, employee or agent of a specified organisation; or ( b ) which is lawfully required or authorised to be disclosed by any court or where required or allowed by the provisions of any written law. [5/2018] (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: sbgcpsa-1983
provision_ref: s4
section: 4
title: Consent for prosecution
content:
4. A prosecution must not be instituted under this Act except with the written consent of the Public Prosecutor. [15/2010]


document_id: sbia-1990
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “aided school” means a school which — ( a ) is established by any person other than the Government; and ( b ) is conducted by a committee of management which is in receipt of a grant-in-aid from the Government for defraying the expenses incurred for conducting the school; “Director-General” means the Director-General of Education; “governing board” means a governing board constituted by an order made by the Minister under section 3(1) for the purpose of conducting a school named in the order; “governor” means a member of a governing board.


document_id: sbia-1990
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT OF GOVERNING BOARDS
section: 3
title: Establishment of governing boards for schools
content:
3. —(1) The Minister may, from time to time, by order in the Gazette , establish a governing board by any name that the Minister may designate for the purpose of conducting a school named in the order and promulgate a constitution for that governing board. (2) A governing board established pursuant to an order made under subsection (1) is a body corporate by the name specified in the order capable of performing such acts as bodies corporate may by law perform and of suing and being sued and having perpetual succession and a common seal with power to exercise and perform the functions and duties that are conferred or imposed on it by or under this Act and the order made under subsection (1). (3) A governing board consists of such number of governors as may be prescribed in an order made under subsection (1). (4) Without limiting subsection (1), an order made under that subsection may make provisions — ( a ) to provide that the appointments of governors are to be made with the approval of the Minister; ( b ) as to the tenure of office and the qualifications of governors; ( c ) as to the suspension or removal from office of governors; ( d ) as to the circumstances in which persons are disqualified for holding office as governors; ( e ) for filling vacancies in the governing board; ( f ) as to the election or appointment of a chairperson or vice‑chairperson (if any) of the governing board; ( g ) to provide that the principal of the school named in the order is to be appointed by the governing board with the approval of the Director‑General; ( h ) conferring upon the governing board full discretion to act with respect to the following matters: (i) the recruitment, promotion and dismissal of and the exercise of disciplinary control over teachers and other staff of the school; (ii) determining the policy or conditions for the admission of pupils to the school and the dismissal of pupils; (iii) determining the fees payable by the pupils of the school; ( i ) to allow the governing board to retain the fees collected from the pupils of the school for the purpose of defraying expenses incurred for conducting the school; ( j ) as to the establishment, constitution, meetings and proceedings of committees; ( k ) for the delegation of functions of the governing board in such circumstances as may be specified in the order to committees established by the governing board or to any governor; and ( l ) as to the procedure (including any quorum) when business is transacted by the governing board. (5) Subject to the provisions of an order made under subsection (1), a governing board may regulate its own procedure. (6) The proceedings of a governing board are not invalidated by — ( a ) any vacancy among the governors; or ( b ) any defect in the appointment of any governor. (7) The provision mentioned in subsection (4)( j ) may provide for a committee to include persons who are not governors.


document_id: sbia-1990
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT OF GOVERNING BOARDS
section: 4
title: Variation of constitutions of governing boards
content:
4. The constitution of a governing board contained in an order made under section 3(1) may be varied or revoked by the Minister, but before varying or revoking the constitution and making a new constitution for any governing board, the Minister must consult the governing board concerned.


document_id: sbia-1990
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT OF GOVERNING BOARDS
section: 5
title: Powers of governing boards of schools
content:
5. —(1) A governing board has power to conduct the school named in the order made under section 3(1) incorporating that governing board. (2) Subject to the provisions of this Act and any order made under section 3(1), the governing board of the school has power to do anything which appears to it to be necessary or expedient for the purpose of or in connection with the conduct of the school, including in particular power — ( a ) to assume the conduct of the school as from the date of incorporation specified in the order relating to the school and for that purpose to receive any property, rights and to assume any liability and obligation for which the governing board agrees to accept responsibility; ( b ) to acquire and dispose of land and other property; ( c ) to enter into contracts, including in particular contracts for the employment of teachers and other staff; ( d ) to borrow moneys for the purposes of meeting the expenses of conducting the school or any liability and obligation of the governing board; ( e ) to grant any mortgage, charge or other security in respect of any land; ( f ) to invest any sums not immediately required for the purposes of meeting the expenses of conducting the school or any liability of the governing board; and ( g ) to accept gifts of money, land or other property and apply it, or hold or administer it on trust, for any such purposes. (3) Without affecting subsection (2), but subject to the provisions of an order made under section 3(1) for the conduct of the school, the governing board also has power to provide education at the school.


document_id: sbia-1990
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT OF GOVERNING BOARDS
section: 6
title: Common seal and execution of documents
content:
6. —(1) A governing board must provide for the safe custody of its common seal which may only be affixed to an instrument or document in the presence of any 2 persons, being governors, that the governing board determines, or in the absence of any such determination, in the presence of 2 governors, who must sign the instrument to which the common seal is affixed. (2) Any document purported to be an instrument made or issued by or on behalf of a governing board and to be duly executed under the seal of the governing board, or to be signed or executed by a person authorised by the governing board to act in that behalf, must be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.


document_id: sbia-1990
provision_ref: s7
chapter: PART 2 - ESTABLISHMENT OF GOVERNING BOARDS
section: 7
title: Establishment of governing boards for aided schools
content:
7. The Minister must not establish a governing board for the purpose of conducting an aided school unless the person or body of persons which established the aided school agrees to the establishment of a governing board under section 3(1) for the purpose of conducting that school.


document_id: sbia-1990
provision_ref: s8
chapter: PART 2 - ESTABLISHMENT OF GOVERNING BOARDS
section: 8
title: Protection of governors from personal liability
content:
8. Except as provided in this Act, no governor shall, by virtue merely of his or her holding that office — ( a ) be liable to contribute towards the payment of the debts and liabilities incurred in the conduct of a school or the costs, charges and expenses of a winding up of the governing board of which he or she is a member; or ( b ) be conferred with any right, title or interest, whether legal or equitable, in the property of the governing board, and no suit or other legal proceedings shall lie personally against that governor for anything which is in good faith done or intended to be done in the conduct of a school or in the execution or purported execution of this Act.


document_id: sbia-1990
provision_ref: s9
chapter: PART 3 - DISCONTINUANCE OF SCHOOLS AND WINDING UP
section: 9
title: Discontinuance of schools
content:
9. —(1) The governing board of a school must not discontinue the school except in pursuance of proposals approved by the Director‑General under this section. (2) Where the governing board of a school decides by a resolution passed at a meeting of the governing board to discontinue the school, the governing board must, as soon as practicable after the passing of the resolution, submit to the Director‑General its proposals for that purpose. (3) The Director‑General may reject any proposals under this section or approve them with or without modifications.


document_id: sbia-1990
provision_ref: s10
chapter: PART 3 - DISCONTINUANCE OF SCHOOLS AND WINDING UP
section: 10
title: Minister may appoint Director‑General to take over conduct of schools
content:
10. —(1) Where the Minister is satisfied that the governing board of a school has failed to conduct the school efficiently or that the education of the pupils of the school is not being promoted in a proper manner, the Minister may by order appoint the Director‑General to exercise and perform the powers, duties and functions of the governing board for the period that the Minister may specify. (2) The Minister must not make an order under subsection (1) unless the Minister has given not less than 90 days’ notice in writing to the chairperson of the governing board of the Minister’s intention to appoint the Director‑General to exercise and perform all or such of the powers, duties and functions of the governing board and the chairperson may make representations to the Minister within 60 days of the service of the notice. (3) Where the Minister has made an order under subsection (1), no governor, while his or her appointment remains valid, may exercise or perform any power, authority, duty or function which the Director‑General is authorised to exercise or perform by that order and any such power, function or duty may be exercised or performed by the Director‑General in the name and on behalf of the governing board. (4) The costs and expenses incurred by the Director‑General pursuant to an appointment under this section are to be paid out of the funds of the governing board.


document_id: sbia-1990
provision_ref: s11
chapter: PART 3 - DISCONTINUANCE OF SCHOOLS AND WINDING UP
section: 11
title: Winding up of governing boards
content:
11. —(1) Where — ( a ) any proposals by a governing board of a school have been approved under section 9; ( b ) the registration of the school concerned under the Education Act 1957 is cancelled; or ( c ) the conduct of a school has been taken over by the Director‑General under section 10 for a period exceeding 12 months, the Minister may, by order in the Gazette , make provisions for the winding up of the governing board of the school and the disposal of the property of the governing board. (2) An order made under subsection (1) may — ( a ) set out proposals for the winding up of a governing board and, in particular, for — (i) securing that all property belonging to the governing board or held by any trustees on trust for the purposes of the school is brought into the custody or control of that governing board or those trustees, as the case may be; (ii) discharging any liabilities of the governing board; (iii) the preparation and audit of the final accounts of the governing board; and (iv) the sale and disposition of any property of the governing board; ( b ) provide for the appointment and powers of any person to carry out the winding up of the affairs of the governing board; ( c ) require the governing board to give to persons employed by it notice terminating their contracts of employment as from a date specified in the order; ( d ) appoint a date on which the governing board is to be dissolved; and ( e ) make any other incidental, consequential or supplementary provisions relating to the dissolution of the governing board that may be necessary or expedient.


document_id: sbia-1990
provision_ref: s12
chapter: PART 4 - MISCELLANEOUS
section: 12
title: Government grants to governing boards
content:
12. The Minister may from time to time make grants out of moneys provided by Parliament to the governing board of a school for the purpose of defraying the expenses incurred for conducting the school.


document_id: sbia-1990
provision_ref: s13
chapter: PART 4 - MISCELLANEOUS
section: 13
title: Registration of schools
content:
13. Every school which is conducted by a governing board established under this Act is deemed to be registered under the provisions of the Education Act 1957 from the date of incorporation of the governing board.


document_id: sbia-1990
provision_ref: s14
chapter: PART 4 - MISCELLANEOUS
section: 14
title: Registration of managers of schools
content:
14. For the purposes of the Education Act 1957, every governor is deemed to be a registered manager of a school as from the date of his or her appointment as a governor.


document_id: sbia-1990
provision_ref: s15
chapter: PART 4 - MISCELLANEOUS
section: 15
title: Operation of this Act not to affect Education Act 1957
content:
15. Unless otherwise expressly provided in this Act, nothing in this Act affects the operation of the Education Act 1957 or any regulations made under that Act.


document_id: sbia-1990
provision_ref: s16
chapter: PART 4 - MISCELLANEOUS
section: 16
title: Transfer of property to governing boards
content:
16. Where a school conducted by a governing board was conducted by the Government immediately before the incorporation of the governing board, the Director‑General may transfer to the governing board any property which immediately before the date of incorporation was property used or held by the Director‑General for the purposes of the school.


document_id: sbtsa-1968
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “services” includes the letting of any apparatus or appliance; “statutory board” includes a public telecommunication licensee referred to in the Telecommunications Act 1999, a gas licensee under the Gas Act 2001 and a market support services licensee under the Electricity Act 2001; “tax” means the tax imposed under this Act; “taxable services” means the services of a statutory board specified to be taxable under section 3.


document_id: sbtsa-1968
provision_ref: s3
section: 3
title: Minister may specify taxable services and prescribe tax rate
content:
3. —(1) The Minister may, by order published in the Gazette , specify any services rendered by any statutory board as he may designate in such order to be taxable services, and may in such order prescribe the rate of tax to be charged on those services. (2) Any order under subsection (1) may prescribe an additional tax at the rate of 50% of the charges for any electrical energy supplied to such commercial buildings or class of commercial buildings as may be specified in the order and any additional tax so prescribed shall be paid by the owners of such buildings. (2A) Any order under subsection (1) may prescribe — ( a ) the fees and costs payable for the recovery of any tax or additional tax, whether by instalment or otherwise; and ( b ) the charges payable for the late payment of any tax or additional tax. [Act 4 of 2008 wef 01/04/2024] (3) In subsection (2) –– ( a ) “owners” has the same meaning as in the Property Tax Act 1960; and ( b ) a reference to a commercial building is deemed to include any part of the building which is used for residential purposes. (4) For the purposes of this Act, any services in respect of which fees or other charges are collected by a statutory board on behalf of the Government shall be deemed to be services rendered by that statutory board. (5) Any order made under this section shall be presented to Parliament as soon as possible after publication.


document_id: sbtsa-1968
provision_ref: s4
section: 4
title: Collection and recovery of tax
content:
4. —(1) Where an order has been made by the Minister under section 3, the appropriate statutory board shall assess and collect, on behalf of the Government, any tax payable by any person to whom the taxable services have been rendered and any additional tax payable by owners of commercial buildings in such manner as that statutory board may, with the approval of the Minister, determine. (2) For the purpose of recovering any tax, the appropriate statutory board may, subject to any rules made under this Act, exercise all or any of the powers conferred on it under any written law relating to the recovery of any fees or other charges payable in respect of any services rendered by it; and the provisions of such written law shall apply in relation to the recovery of that tax as they would apply in relation to the recovery of those fees or other charges.


document_id: sbtsa-1968
provision_ref: s4A
section: 4A
title: Validation of collection of charge for late payment of tax or additional tax
content:
4A. Every amount collected, on behalf of the Government, before the date of commencement of the Statutes (Miscellaneous Amendments) Act 2008 as, or purportedly as, a charge for the late payment of any tax or additional tax shall be deemed to be and always to have been validly collected, and no legal proceedings shall lie or be instituted or maintained in any court of law on account of or in respect of any such collection. [Act 4 of 2008 wef 01/04/2024]


document_id: sbtsa-1968
provision_ref: s6
section: 6
title: Power to exempt
content:
6. The Minister may, by order, exempt any person or class of persons from the payment of any tax under this Act.


document_id: sbtsa-1968
provision_ref: s7
section: 7
title: Rules
content:
7. The Minister may make such rules as he considers necessary or expedient for the purpose of giving effect to the provisions of this Act.


document_id: sca-1970
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “action” means a civil proceeding commenced by summons or in any other manner prescribed by Rules of Court; “commissioner for oaths” means a commissioner for oaths appointed under section 68 of the Supreme Court of Judicature Act 1969; “Coroner” has the meaning given by section 2(1) of the Coroners Act 2010; “District Court limit” means $250,000 or any other amount specified by an order under section 30; “judicial officer” means a District Judge, Magistrate or registrar; “Magistrate’s Court limit” means $60,000 or any other amount specified by an order under section 52(3); “prescribed” means prescribed by Rules of Court; “registrar” means the registrar of the State Courts and includes a deputy registrar; “Rules of Court” means Rules of Court made under this Act and includes forms; “seal” includes stamp. [14/2010; 5/2014; 27/2014]


document_id: sca-1970
provision_ref: s3
chapter: PART 2 - CONSTITUTION
section: 3
title: State Courts
content:
3. —(1) There are within Singapore the following subordinate courts called the State Courts: ( a ) District Courts; ( b ) Magistrates’ Courts; ( c ) Coroners’ Courts; ( d ) Small Claims Tribunals; ( e ) Employment Claims Tribunals. [21/2016] (1A) The District Courts and Magistrates’ Courts have the jurisdiction conferred by this Act and any other written law. [21/2016] (2) The Small Claims Tribunals have the jurisdiction conferred by the Small Claims Tribunals Act 1984 and any other written law. (3) [ Deleted by Act 33 of 2018 ] (4) The Coroners’ Courts have the jurisdiction that is conferred by the Coroners Act 2010 and any other written law. [14/2010] (5) The Employment Claims Tribunals have the jurisdiction that is conferred by the Employment Claims Act 2016 and any other written law. [21/2016]


document_id: sca-1970
provision_ref: s4
chapter: PART 2 - CONSTITUTION
section: 4
title: Constitution of State Courts
content:
4. The President may constitute under appropriate names so many State Courts as the President thinks fit. [5/2014] [Act 25 of 2021 wef 01/04/2022] [S 759/2022]


document_id: sca-1970
provision_ref: s5
chapter: PART 2 - CONSTITUTION
section: 5
title: Seals of courts
content:
5. The State Courts are to have and use as occasion may require a seal or seals of such nature as the Chief Justice may, by notification in the Gazette , prescribe. [5/2014]


document_id: sca-1970
provision_ref: s6
chapter: PART 2 - CONSTITUTION
section: 6
title: Process of courts
content:
6. Subject to Rules of Court, all writs, summonses, warrants, orders, notices and other mandatory processes issued by the State Courts must be signed by a judicial officer and must bear the seal of the court issuing the same. [5/2014]


document_id: sca-1970
provision_ref: s6A
chapter: PART 2 - CONSTITUTION
section: 6A
title: Sittings of State Courts
content:
6A. —(1) Subject to subsection (2), every State Court is to sit on every day of the year except on Saturdays, Sundays and public holidays. [5/2014] (2) Despite subsection (1), a judicial officer may lawfully sit on a Saturday, Sunday or public holiday or during a vacation authorised under section 61 if — ( a ) the Presiding Judge of the State Courts, with the concurrence of the Chief Justice, has directed the judicial officer to sit on that day or during that vacation; or ( b ) in the opinion of the judicial officer, the business to be despatched is extremely urgent. [5/2014] (3) Every State Court is to sit at such times and at such places as the Chief Justice may from time to time appoint. [5/2014] [Act 25 of 2021 wef 01/04/2022]


document_id: sca-1970
provision_ref: s7
chapter: PART 2 - CONSTITUTION
section: 7
title: Sittings in private, etc.
content:
7. —(1) The place in which any State Court is held is deemed an open and public court to which the public generally may have access. [5/2014] (2) A State Court has the power to hear any matter or proceeding or any part thereof in private if the court is satisfied that it is expedient in the interests of justice, public safety, public security or propriety, the national interest or national security of Singapore, or for other sufficient reason to do so. [5/2014; 19/2018] [Act 25 of 2021 wef 01/04/2022] (2AA) Any application for a matter or proceeding to be held in private, on the grounds that it is expedient in the national interest or national security of Singapore to do so, is to be heard in private. [Act 25 of 2021 wef 01/04/2022] (2AB) A State Court has the power to hear any application mentioned in subsection (2AA), or any part of such an application, otherwise than in private, if the court is satisfied that — ( a ) it is expedient in the interests of justice to hear the application or part of the application otherwise than in private; and ( b ) it is not prejudicial to the national interest or national security of Singapore to hear the application or part of the application otherwise than in private. [Act 25 of 2021 wef 01/04/2022] (2A) A State Court may, in any matter or proceeding or any part thereof tried or held or to be tried or held before it, if satisfied that it is expedient in the interests of justice, public safety, public security or propriety, the national interest or national security of Singapore, or for other sufficient reason to do so, order that — ( a ) the name, address or photograph of any witness; [Act 25 of 2021 wef 01/04/2022] ( b ) any evidence or any other thing likely to lead to the identification of such witness by a person other than the party to that matter or proceeding; or [Act 25 of 2021 wef 01/04/2022] ( c ) any information that, if disclosed, may be prejudicial to the national interest or national security of Singapore, which is contained in any court document intended to be produced before the court, be removed or be sufficiently redacted. [15/2010; 5/2014] [Act 25 of 2021 wef 01/04/2022] (3) A State Court may at any time order that no person is to — ( a ) publish the name, address or photograph of any witness in any matter or proceeding or any part thereof tried or held or to be tried or held before it, or any evidence or any other thing likely to lead to the identification of any such witness; [Act 25 of 2021 wef 01/04/2022] ( b ) do any other act which is likely to lead to the identification of any witness mentioned in paragraph ( a ); or [15/2010; 5/2014] [Act 25 of 2021 wef 01/04/2022] ( c ) publish any information relating to any matter or proceeding before the court that, if disclosed, may be prejudicial to the national interest or national security of Singapore. [Act 25 of 2021 wef 01/04/2022] (4) Any person who acts in contravention of any order under subsection (2A) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. [15/2010] (5) A State Court that hears the whole or any part of any matter or proceeding in private may, in its discretion, permit any of the following individuals to be present in the courtroom while that matter or proceeding is heard in private: ( a ) any journalist who reports news for a newspaper or a broadcasting service; ( b ) any individual whom the court determines has a sufficient interest in that matter or proceeding; ( c ) any other individual that the court specifies in any particular case. [19/2018] [Act 25 of 2021 wef 01/04/2022] (6) For the purposes of subsection (2), the matters that a State Court may consider, when deciding whether it is expedient in the interests of justice, public safety, public security or propriety, the national interest or national security of Singapore, or for other sufficient reason, to hear the whole or any part of any matter or proceeding in private, include the following matters: ( a ) whether the defence of any accused person in that matter or proceeding will be prejudiced by the presence of any member of the public in the courtroom; ( b ) whether any accused person or witness in that matter or proceeding has any legitimate interest in privacy that needs to be protected; ( c ) whether the object of that matter or proceeding will be defeated by publicity if that matter or proceeding is heard in open court; ( d ) whether any accused person or witness in that matter or proceeding has any legitimate interest in protecting the confidentiality of any information that may be disclosed during the hearing of that matter or proceeding; ( e ) whether any information that may be disclosed during the hearing of that matter or proceeding will be prejudicial to the interests of Singapore. [19/2018] [Act 25 of 2021 wef 01/04/2022] (7) In this section — “broadcasting service” has the meaning given by section 2(1) of the Broadcasting Act 1994; “newspaper” has the meaning given by section 2(1) of the Newspaper and Printing Presses Act 1974. [19/2018]


document_id: sca-1970
provision_ref: s8
chapter: PART 2 - CONSTITUTION
section: 8
title: State Court may conduct hearing through electronic means of communication
content:
8. —(1) Without limiting section 7, a State Court may conduct the hearing of any matter or proceeding (other than a matter or proceeding prescribed by the Rules of Court or the Criminal Procedure Rules) through a live video link, a live television link, a live audio link or any other electronic means of communication approved by the Chief Justice. [Act 25 of 2021 wef 01/04/2022] (2) Subsection (1) does not affect the operation of section 26A of the Administration of Justice (Protection) Act 2016, section 62A of the Evidence Act 1893 and section 281 of the Criminal Procedure Code 2010. [46/2018] [Act 25 of 2021 wef 01/04/2022] (3) A State Court must not conduct any part of a hearing of a matter through a live audio link only, without an accompanying live video link or live television link — ( a ) where oral evidence is given during that part of the hearing (including in a trial of an offence) in a criminal proceeding; ( b ) where oral evidence is given during that part of the hearing (including in a trial of an action) in a civil proceeding, unless all the parties consent; or ( c ) where the matter is prescribed by the Rules of Court or the Criminal Procedure Rules. [Act 25 of 2021 wef 01/04/2022] (4) For the purposes of subsection (3), a court is not considered to have conducted a part of a hearing of a matter through a live audio link only and without an accompanying live video link or live television link, by reason only of a temporary disruption in the accompanying live video link or live television link that was insignificant and which did not affect the court’s duty to conduct proceedings fairly. [Act 25 of 2021 wef 01/04/2022] (5) A State Court must not conduct a hearing of a matter or proceeding in the manner provided under subsection (1), if to do so would be inconsistent with the court’s duty to ensure that the hearing is conducted fairly to all parties. [Act 25 of 2021 wef 01/04/2022] (6) A State Court is deemed to be sitting at a place appointed under section 6A(3) when the court conducts a hearing of a matter or proceeding in the manner provided under subsection (1) (whether any judicial officer of the court is situated in Singapore or outside Singapore). [Act 25 of 2021 wef 01/04/2022]


document_id: sca-1970
provision_ref: s8A
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 8A
title: Appointment of Presiding Judge of State Courts
content:
8A. —(1) For the purposes of the administration of this Act, the President may, on the recommendation of the Chief Justice, appoint a Supreme Court Judge or a Judicial Commissioner to be the Presiding Judge of the State Courts for such period as the Chief Justice may recommend. [5/2014; 40/2019] (2) Despite any other written law, the Presiding Judge of the State Courts may sit in any State Court and act as a judge (however described) thereof, in which case the Presiding Judge has all the jurisdiction, power and privileges of such a judge. [5/2014] (3) A Supreme Court Judge or a Judicial Commissioner may, during the period of his or her appointment as the Presiding Judge of the State Courts, continue to sit in the General Division of the High Court, the Appellate Division of the High Court or the Court of Appeal in accordance with the Constitution. [5/2014; 40/2019] (4) Any person appointed to be the Presiding Judge of the State Courts is, although the period of his or her appointment as such has expired or his or her appointment as such has been revoked, in relation to any case heard by him or her as a judge (however described) of a State Court, to continue to sit as such a judge for the purpose of giving judgment or otherwise. [5/2014]


document_id: sca-1970
provision_ref: s9
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 9
title: Appointments and qualifications of District Judges
content:
9. —(1) Subject to section 8A, a District Court is to be presided over by a District Judge appointed by the President on the recommendation of the Chief Justice. [5/2014] (2) [ Deleted by Act 5 of 2014 ] (3) A person must not be appointed to be or to act as a District Judge unless he or she has been for not less than 7 years a qualified person as defined in section 2 of the Legal Profession Act 1966. [5/2014] (3A) Despite subsection (3), a person may be appointed to be or to act as a District Judge if — ( a ) the person has been for not less than 5 years a qualified person as defined in section 2 of the Legal Profession Act 1966; and ( b ) the Chief Justice, after having regard to the qualifications and experience of the person, is of the opinion that the person is suitable to be appointed as a District Judge. [5/2014] (4) Any person appointed to be or to act as a District Judge is, although the period of his or her appointment has expired or his or her appointment has been revoked, to sit as a District Judge for the purpose of giving judgment or otherwise in relation to any case heard by him or her. (5) Every person appointed to be or to act as a District Judge is ex officio a Magistrate.


document_id: sca-1970
provision_ref: s10
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 10
title: Appointments and qualifications of Magistrates
content:
10. —(1) The President may, on the recommendation of the Chief Justice, appoint any fit and proper person to be a Magistrate. [14/2010] (2) A person must not be appointed to be or to act as a Magistrate unless he or she has been for not less than 3 years a qualified person as defined in section 2 of the Legal Profession Act 1966. [14/2010; 5/2014] (3) Despite subsection (2), a person may be appointed to be or to act as a Magistrate if — ( a ) the person has been for not less than one year a qualified person as defined in section 2 of the Legal Profession Act 1966; and ( b ) the Chief Justice, after having regard to the qualifications and experience of the person, is of the opinion that the person is suitable to be appointed as a Magistrate. [5/2014]


document_id: sca-1970
provision_ref: s11
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 11
title: Justices of the Peace
content:
11. —(1) The President may, by warrant under his or her hand, appoint fit and proper persons to be Justices of the Peace. (2) Justices of the Peace have and may exercise such powers and perform such duties of a Magistrate as may be conferred on them by any written law.


document_id: sca-1970
provision_ref: s12
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 12
title: Appointments and qualifications of registrar and deputy registrars of State Courts
content:
12. —(1) There are to be appointed by the Chief Justice a registrar and so many deputy registrars as may be necessary for the State Courts. [5/2014] (2) A person must not be appointed to be or to act as registrar unless he or she is a qualified person as defined in section 2 of the Legal Profession Act 1966, except that the Chief Justice may, in his or her discretion, appoint any person who is not a qualified person under that Act. (3) The registrar and the deputy registrars are ex officio commissioners for oaths.


document_id: sca-1970
provision_ref: s13
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 13
title: Powers and duties of deputy registrars
content:
13. Subject to Rules of Court, all the powers and duties conferred and imposed on the registrar may be exercised by a deputy registrar.


document_id: sca-1970
provision_ref: s14
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 14
title: State Court officers
content:
14. There are to be attached to the State Courts such commissioners for oaths, interpreters, clerks, bailiffs, process servers and other officers as may appear to the Chief Justice to be necessary for the administration of justice and the due execution of all powers and duties which are vested in the State Courts. [5/2014]


document_id: sca-1970
provision_ref: s15
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 15
title: Powers and duties of certain State Court officers, etc.
content:
15. —(1) The bailiffs and process servers are to — ( a ) execute all writs, summonses, warrants, orders, notices and other mandatory processes of the State Courts given to them; ( b ) make a return of the same together with the manner of the execution thereof to the court from which the process issued; and ( c ) arrest and receive all such persons and property as are committed to the custody of the State Courts. [5/2014] [Act 25 of 2021 wef 01/04/2022] (2) The registrar may engage any auxiliary police officer appointed under the Police Force Act 2004 * , any security agency, a provider of transport and of warehousing, a valuer, an estate agent, a broker, a solicitor or any other appropriate person to assist the bailiffs in the discharge of the bailiffs’ duties. [*Updated to be consistent with the 2020 Revised Edition] [Act 25 of 2021 wef 01/04/2022]


document_id: sca-1970
provision_ref: s15A
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 15A
title: Solicitor, etc., authorised to act as bailiff
content:
15A. —(1) Subject to any directions that may be given by the Presiding Judge of the State Courts, the registrar may authorise a solicitor or a person employed by a solicitor to exercise the powers and perform the duties of a bailiff during such period or on such occasion as the registrar thinks fit and subject to such terms and conditions as the registrar may determine. [4/2010; 5/2014] (2) Section 68(2) applies to a solicitor or person authorised under subsection (1) as it applies to an officer of a State Court. [5/2014]


document_id: sca-1970
provision_ref: s16
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 16
title: Special powers of bailiffs
content:
16. The bailiffs in executing any enforcement order for seizure and sale of property, any other enforcement order or any writ of distress may effect an entry into any building, and for that purpose, if necessary, may break open any outer or inner door or window of the building or any receptacle therein, using such force as is reasonably necessary to effect an entry. [Act 25 of 2021 wef 01/04/2022]


document_id: sca-1970
provision_ref: s17
chapter: PART 3 - APPOINTMENTS, POWERS AND DUTIES
section: 17
title: Oaths of judicial officers and certain other officers
content:
17. —(1) All judicial officers and any other officers of the State Courts as may be required by the Chief Justice, before exercising the functions of their respective offices, are to take and subscribe the appropriate oath of office and allegiance set out in the Schedule. [5/2014] (2) The oath mentioned in subsection (1) may be taken and subscribed before the Presiding Judge of the State Courts, the Presiding Judge of the Family Justice Courts, a Supreme Court Judge or a Judicial Commissioner. [4/2010; 5/2014; 27/2014; 40/2019] (2A) To avoid doubt, where an oath is required to be taken and subscribed under subsection (1), a person may take and subscribe the oath by appearing before the Presiding Judge of the State Courts, the Presiding Judge of the Family Justice Courts, a Supreme Court Judge or a Judicial Commissioner through a live video link or live television link created using a remote communication technology that allows the Presiding Judge of the State Courts, Presiding Judge of the Family Justice Courts, Supreme Court Judge or Judicial Commissioner (as the case may be) to — ( a ) maintain visual contact and communicate with the person taking the oath, and any interpreter present, throughout the process; ( b ) confirm the identity of the person taking the oath and any interpreter present; and ( c ) verify by inspection the oath to be subscribed. [Act 25 of 2023 wef 01/12/2023] (3) Where the oath is taken before the Presiding Judge of the State Courts, he or she is to — ( a ) enter in the record of the State Courts that the oath was duly administered and taken before him or her; and ( b ) transmit a certified copy of the entry to the Registrar of the Supreme Court. [4/2010; 5/2014] (4) Where the oath is taken before the Presiding Judge of the Family Justice Courts, he or she is to — ( a ) enter in the record of the Family Justice Courts that the oath was duly administered and taken before him or her; ( b ) transmit a certified copy of the entry to the Registrar of the Supreme Court; and ( c ) transmit a certified copy of the entry to the Presiding Judge of the State Courts. [27/2014]


document_id: sca-1970
provision_ref: s19
chapter: PART 4 - JURISDICTION
section: 19
title: General civil jurisdiction
content:
19. —(1) A District Court exercising civil jurisdiction is a court of record. (2) Subject to subsections (3) and (4), a District Court has all the jurisdiction of the General Division of the High Court to hear and try any action in personam where — ( a ) the defendant is served with an originating claim or any other originating process — (i) in Singapore in the manner prescribed by Rules of Court; or (ii) outside Singapore in the circumstances authorised by and in the manner prescribed by Rules of Court; or [Act 25 of 2021 wef 01/04/2022] ( b ) the defendant submits to the jurisdiction of a District Court. [31/2010; 40/2019] (3) Subject to section 28A of the Supreme Court of Judicature Act 1969 and any order under subsection (1) thereof, a District Court’s jurisdiction under subsection (2) does not include — ( a ) any supervisory jurisdiction or revisionary jurisdiction; ( b ) any jurisdiction relating to the judicial review of any act done or decision made by any person or authority, including the issue of any of the following prerogative orders: (i) a Mandatory Order; (ii) a Prohibiting Order; (iii) a Quashing Order; (iv) an Order for Review of Detention; ( c ) any jurisdiction vested exclusively in the General Division of the High Court, in a Family Court, in a Youth Court, in any other State Court, or in any judicial, quasi‑judicial or administrative tribunal, by written law; [Act 23 of 2019 wef 01/04/2022] ( ca ) any jurisdiction to hear and try an action in passing off; and [Act 23 of 2019 wef 01/04/2022] ( d ) any jurisdiction expressly excluded by written law. [31/2010; 5/2014; 27/2014; 40/2019] (4) Subject to sections 22 and 23, a District Court’s jurisdiction under subsection (2) does not include jurisdiction to hear and try any action where — ( a ) the amount claimed in the action exceeds the District Court limit; or ( b ) any remedy or relief sought in the action is in respect of a subject matter the value of which exceeds the District Court limit. [31/2010] (5) [ Deleted by Act 27 of 2014 ] (6) Without limiting subsection (2), a District Court has such jurisdiction as is vested in it by any other written law. 20. [ Repealed by Act 31 of 2010 ] 21. [ Repealed by Act 31 of 2010 ]


document_id: sca-1970
provision_ref: s22
chapter: PART 4 - JURISDICTION
section: 22
title: Abandonment of part of claim to give District Court jurisdiction
content:
22. —(1) Where — ( a ) the amount claimed in an action exceeds the District Court limit, or any remedy or relief sought in an action is in respect of a subject matter the value of which exceeds the District Court limit; and ( b ) a District Court would have jurisdiction under section 19(2) to hear and try the action if the amount or value (as the case may be) did not exceed the District Court limit, the claimant may abandon the excess amount or that remedy or relief, as the case may be, and thereupon a District Court has jurisdiction under section 19(2) to hear and try the action, except that the claimant cannot in that action — ( c ) recover an amount exceeding the District Court limit; and ( d ) obtain any remedy or relief in respect of the subject matter the value of which exceeds the District Court limit. [31/2010] [Act 25 of 2021 wef 01/04/2022] (2) Where a District Court has jurisdiction to hear and try an action by virtue of this section, the judgment of the court in the action is a full discharge of all demands in respect of the cause of action.


document_id: sca-1970
provision_ref: s23
chapter: PART 4 - JURISDICTION
section: 23
title: Jurisdiction by agreement in certain actions
content:
23. Where the parties to an action agree, by a memorandum signed by them or their respective solicitors, a District Court has jurisdiction under section 19(2) to hear and try the action even though — ( a ) the amount claimed in the action exceeds the District Court limit; or ( b ) any remedy or relief sought in the action is in respect of a subject matter the value of which exceeds the District Court limit. [31/2010] 24. [ Repealed by Act 26 of 2005 ]


document_id: sca-1970
provision_ref: s25
chapter: PART 4 - JURISDICTION
section: 25
title: Jurisdiction in actions for recovery of immovable property
content:
25. Without limiting section 19, a District Court has jurisdiction under section 19(2) to hear and try any action for the recovery of immovable property with or without a claim for rent or mesne profits and whether or not the title to the property is in dispute, where — ( a ) the annual value of the property appearing in the Valuation List prepared under section 10 of the Property Tax Act 1960 does not exceed the District Court limit; ( b ) the annual rent payable by the tenant does not exceed the District Court limit or the monthly rent payable by the tenant does not exceed one-twelfth of the District Court limit; or ( c ) if the annual value, annual rent or monthly rent cannot be ascertained, the last transacted price of the property does not exceed 10 times the District Court limit. [31/2010]


document_id: sca-1970
provision_ref: s26
chapter: PART 4 - JURISDICTION
section: 26
title: Equity jurisdiction
content:
26. Without limiting section 19, a District Court has jurisdiction under section 19(2) to hear and try any of the following proceedings: ( a ) [ Deleted by Act 27 of 2014 ] ( b ) proceedings for the execution of any trust or for a declaration that a trust subsists, where the amount or value of the property subject, or alleged to be subject, to the trust does not exceed the District Court limit; ( c ) proceedings for foreclosure or redemption of any mortgage or for enforcing any charge or lien, where the amount owing in respect of the mortgage, charge or lien does not exceed the District Court limit; ( d ) proceedings for the specific performance, or for the rectification, delivery up or cancellation of any agreement for the sale, purchase or lease of any property, where, in the case of a sale or purchase, the purchase money or, in the case of a lease, the amount or value of the property does not exceed the District Court limit; ( e ) [ Deleted by Act 27 of 2014 ] ( f ) proceedings for the dissolution or winding up of any partnership (other than a limited liability partnership registered under the Limited Liability Partnerships Act 2005), whether or not the existence of the partnership is in dispute, where the amount or value of all the assets of the partnership does not exceed the District Court limit; ( g ) proceedings for relief against fraud or mistake where the damage sustained or the amount or value of the estate or fund in respect of which relief is sought does not exceed the District Court limit. [31/2010; 27/2014] 27. [ Repealed by Act 27 of 2014 ]


document_id: sca-1970
provision_ref: s28
chapter: PART 4 - JURISDICTION
section: 28
title: Jurisdiction to issue writ of distress
content:
28. A District Court has jurisdiction under the Distress Act 1934 in all cases where the amount of rent distrained or to be distrained does not exceed the District Court limit.


document_id: sca-1970
provision_ref: s29
chapter: PART 4 - JURISDICTION
section: 29
title: Jurisdiction to grant relief by interpleader
content:
29. —(1) Without limiting section 19, a District Court has jurisdiction under section 19(2) to grant relief by way of interpleader — ( a ) where a bailiff of a District Court is charged with the execution of any writ or order of the Court and claim is made to any money or other movable property taken or intended to be taken in execution of the writ or order, or to the proceeds or value of any such property, by any person other than the person against whom the writ or order was issued or made; and ( b ) where the person seeking relief is under liability for any debt, money, or other movable property of which the amount or value does not exceed the District Court limit and for or in respect of which the person has been or expects to be sued by 2 or more parties making adverse claims thereto. [31/2010] (2) If it appears to the General Division of the High Court that any proceedings in the General Division of the High Court by way of interpleader, in which the amount in dispute or value of the subject matter does not exceed the District Court limit, may be more conveniently tried in a District Court, the General Division of the High Court may at any time order that the proceedings be transferred to a District Court. [40/2019]


document_id: sca-1970
provision_ref: s30
chapter: PART 4 - JURISDICTION
section: 30
title: Variation of District Court limit
content:
30. The President may, after consulting the Chief Justice, by order vary the District Court limit mentioned in any of the foregoing provisions.


document_id: sca-1970
provision_ref: s31
chapter: PART 4 - JURISDICTION
section: 31
title: Powers of District Court same as General Division of High Court
content:
31. —(1) A District Court, as regards any action within its jurisdiction, is in any proceedings before it — ( a ) to grant such relief, redress or remedy or combination of remedies, either absolute or conditional; and ( b ) to give such and the like effect to every ground of defence or counterclaim equitable or legal, as ought to be granted or given in the like action by the General Division of the High Court and in as full and ample a manner. [40/2019] (2) Without limiting subsection (1), a District Court, as regards any action within its jurisdiction, has power — ( a ) to grant an injunction whether or not any other relief is or could be claimed; ( b ) to make binding declarations of rights whether or not any consequential relief is or could be claimed; and ( c ) to order medical examination of a person who is a party to any proceedings where the physical or mental condition of the person is relevant to any matter in question in the proceedings. [31/2010]


document_id: sca-1970
provision_ref: s32
chapter: PART 4 - JURISDICTION
section: 32
title: Powers of District Judge in chambers
content:
32. A District Judge has power in any civil proceeding pending in a District Court to make any order or to exercise any authority or jurisdiction which, if it related to a proceeding pending in the General Division of the High Court, might be made or exercised by a Judge sitting in chambers in the General Division of the High Court. [31/2010; 40/2019]


document_id: sca-1970
provision_ref: s33
chapter: PART 4 - JURISDICTION
section: 33
title: Assessors
content:
33. —(1) In any proceedings, a District Judge may, if he or she thinks fit on the application of any party, or on his or her own motion, summon to his or her assistance, in such manner that is prescribed by Rules of Court, one or more persons of skill and experience in the matter to which the proceedings relate who may be willing to sit with the District Judge and act as assessors. (2) Subject to subsection (3), the remuneration of assessors for sitting under this section is to be at such rate as may be prescribed by Rules of Court and is to be costs in the proceedings unless otherwise ordered by the District Judge. (3) Where one or more assessors are summoned for the purposes of this section otherwise than on the application of a party to the proceedings, the remuneration of any such assessor is payable out of moneys provided by Parliament. (4) Where any person is proposed to be summoned as an assessor, objection to the person, either personally or in respect of the person’s qualification, may be taken by any party in the prescribed manner.


document_id: sca-1970
provision_ref: s34
chapter: PART 4 - JURISDICTION
section: 34
title: Jurisdiction of registrar
content:
34. Any jurisdiction and powers conferred on a District Court by this Act or any other written law relating to civil proceedings may be exercised, to the extent authorised by this Act or any other written law or Rules of Court, by the registrar.


document_id: sca-1970
provision_ref: s36
chapter: PART 4 - JURISDICTION
section: 36
title: Examination of witnesses abroad in District Court cases
content:
36. —(1) The General Division of the High Court, on application made in the manner prescribed by Rules of Court, has the same power to issue a request or an order to examine witnesses abroad for the purpose of civil proceedings in a District Court as it has for the purpose of an action or matter in the General Division of the High Court. [40/2019] (2) Where such an application is made, the General Division of the High Court may, if it thinks fit, order the proceedings to be transferred to the General Division of the High Court. [40/2019] 37. [ Repealed by Act 26 of 2005 ] 38. [ Repealed by Act 26 of 2005 ]


document_id: sca-1970
provision_ref: s39
chapter: PART 4 - JURISDICTION
section: 39
title:
Costs of certain actions commenced in General Division of High Court which could have been commenced in a State Court

content:
39. —(1) Where an action is commenced in the General Division of the High Court which could have been commenced in a State Court, then, subject to subsections (3) and (4), the claimant — ( a ) if he or she recovers a sum not exceeding the District Court limit, is not entitled to any more costs of the action than those to which he or she would have been entitled if the action had been brought in a District Court; and ( b ) if he or she recovers a sum not exceeding the Magistrate’s Court limit, is not entitled to any more costs of the action than those to which he or she would have been entitled if the action had been brought in a Magistrate’s Court. [31/2010; 5/2014; 40/2019] [Act 25 of 2021 wef 01/04/2022] (2) For the purposes of subsection (1)( a ) and ( b ), a claimant is treated as recovering the full amount recoverable in respect of his or her claim without regard to any deduction made in respect of contributory negligence on his or her part or otherwise in respect of matters not falling to be taken into account in determining whether the action could have been commenced in a State Court. [5/2014] [Act 25 of 2021 wef 01/04/2022] (3) Where a claimant is entitled to costs on the State Courts scale only, the Registrar of the Supreme Court has the same power of allowing any items of costs as a District Judge or Magistrate would have had if the action had been brought in a State Court. [5/2014] [Act 25 of 2021 wef 01/04/2022] (4) In any action, the General Division of the High Court, if satisfied — ( a ) that there was sufficient reason for bringing the action in the General Division of the High Court; or ( b ) that the defendant or one of the defendants objected to the transfer of the action to a State Court, may make an order allowing the costs or any part of the costs thereof on the scale of the General Division of the High Court or on the State Courts scale as it may direct. [5/2014; 40/2019] (5) This section does not apply in the case of any proceedings by the Government. (6) This section does not affect any question as to costs if it appears to the General Division of the High Court that there was reasonable ground for supposing the amount recoverable in respect of the claimant’s claim to be in excess of the amount recoverable in an action commenced in a State Court. [5/2014; 40/2019] [Act 25 of 2021 wef 01/04/2022] 40. [ Repealed by Act 26 of 2005 ]


document_id: sca-1970
provision_ref: s41
chapter: PART 4 - JURISDICTION
section: 41
title: Allocation of proceedings to General Division of High Court
content:
41. —(1) The Chief Justice may, where he or she considers it necessary or expedient to improve efficiency in the administration of justice and to provide for more speedy disposal of proceedings commenced in the District Courts, by order direct such class or classes or description of proceedings as may be specified in the order to be heard and determined by the General Division of the High Court. [40/2019] (2) Any order under subsection (1) may make such incidental provision for the transfer of the proceedings to the General Division of the High Court (including matters relating to procedure and costs) as the Chief Justice thinks fit. [40/2019]


document_id: sca-1970
provision_ref: s42
chapter: PART 4 - JURISDICTION
section: 42
title: Finality of judgments and orders of District Court
content:
42. Every judgment and order of a District Court exercising civil jurisdiction is, except as provided by this Act, any other written law or Rules of Court, final and conclusive between the parties.


document_id: sca-1970
provision_ref: s43
chapter: PART 4 - JURISDICTION
section: 43
title: Satisfaction of judgments and orders for payment of money
content:
43. —(1) Where a judgment is given or an order is made by a District Court under which any sum of money is payable, whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise, the Court may, as it thinks fit, order the money to be paid either — ( a ) in one sum, whether immediately or within a period fixed by the Court; or ( b ) by the instalments payable at the times fixed by the Court. (2) If at any time it appears to the satisfaction of a District Court that any party to any proceedings is unable from any cause to pay any sum recovered against the party (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise) or any instalment thereof, the Court may, in its discretion, suspend or stay any judgment or order given or made in the proceedings — ( a ) for such time and on such terms as the Court thinks fit; and ( b ) from time to time until it appears that the cause of inability has ceased. (3) Where an order for payment by instalments is made, the payment is to be made into court and no enforcement may issue, except with the permission of the District Court. [Act 25 of 2021 wef 01/04/2022]


document_id: sca-1970
provision_ref: s44
chapter: PART 4 - JURISDICTION
section: 44
title: Enforcement of judgments of District Courts
content:
44. Subject to section 43(3), a judgment or an order of a District Court may be enforced in any manner prescribed by Rules of Court.


document_id: sca-1970
provision_ref: s45
chapter: PART 4 - JURISDICTION
section: 45
title: Execution of deed or indorsement of negotiable instrument
content:
45. —(1) If a judgment or order of a District Court is for the execution of a deed, or signing of a document, or for the indorsement of a negotiable instrument, and the party ordered to execute, sign or indorse such instrument is absent, neglects or refuses to do so, any party interested in having the same executed, signed or indorsed, may — ( a ) prepare a deed, document or indorsement of the instrument in accordance with the terms of the judgment or order; and ( b ) tender the same to a District Court for execution upon the proper stamp, if any is required by law, and the signature thereof by the registrar, by order of the District Court, has the same effect as the execution, signing or indorsement thereof by the party ordered to execute. (2) Nothing in this section shall be held to abridge the powers of a District Court to proceed by attachment against any person neglecting or refusing to execute, sign or indorse any such instrument. 46. [ Repealed by Act 15 of 1993 ]


document_id: sca-1970
provision_ref: s47
chapter: PART 4 - JURISDICTION
section: 47
title: General provision relating to civil appeals
content:
47. Subject to the provisions of the Supreme Court of Judicature Act 1969 relating to civil appeals from the State Courts to the General Division of the High Court, Rules of Court are to regulate and prescribe the procedure on appeals from a District Court exercising civil jurisdiction to the General Division of the High Court. [5/2014; 40/2019]


document_id: sca-1970
provision_ref: s48
chapter: PART 4 - JURISDICTION
section: 48
title: Agreement not to appeal
content:
48. —(1) An appeal cannot be brought against a decision of a District Court exercising civil jurisdiction, where the parties have agreed in writing signed by or on behalf of each party that the decision is final, unless the party seeking to appeal proves that — ( a ) the decision is affected by fraud or illegality; or ( b ) there was a fundamental breach of the rules of natural justice in the proceedings resulting in the decision. (2) An agreement mentioned in subsection (1) — ( a ) may be made before or after the decision to which the agreement relates is made; and ( b ) may relate to part of a decision, in which case references in subsection (1) to a decision are to be read as references to that part of the decision. [Act 25 of 2021 wef 01/04/2022]


document_id: sca-1970
provision_ref: s49
chapter: PART 4 - JURISDICTION
section: 49
title: Appeal not to operate as stay of execution or enforcement
content:
49. —(1) An appeal from a District Court exercising civil jurisdiction does not operate as a stay of execution or enforcement or of proceedings under the judgment or order appealed from, unless the District Court or the General Division of the High Court so orders. [40/2019] [Act 25 of 2021 wef 01/04/2022] (2) No intermediate act or proceeding is invalidated except so far as the General Division of the High Court may direct. [40/2019] [Act 25 of 2021 wef 01/04/2022]


document_id: sca-1970
provision_ref: s49A
chapter: PART 4 - JURISDICTION
section: 49A
title: Oral hearing not needed generally
content:
49A. —(1) Subject to subsection (2), a District Court may decide any matter in its civil jurisdiction without hearing oral arguments, other than a matter prescribed by the Rules of Court. (2) Subsection (1) does not allow any part of a proceeding where oral evidence is given (including any part of a trial of an action) to be conducted without an oral hearing, unless all the parties consent. (3) Subject to subsection (4), a District Court may, in any matter that the court may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties using such means of communications as directed by the court. (4) A District Court must not hear a matter in an asynchronous manner if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to all parties. (5) To avoid doubt, this section does not affect the power of a District Court to hear oral arguments before deciding any matter that may be decided without hearing oral arguments. [Act 25 of 2021 wef 01/04/2022]


document_id: sca-1970
provision_ref: s49B
chapter: PART 4 - JURISDICTION
section: 49B
title: Summary dismissal of certain matters
content:
49B. —(1) A District Judge sitting in a District Court may, on his or her own motion, summarily dismiss any appeal made against a decision of the registrar relating to civil proceedings, if the District Judge is satisfied of any of the following: ( a ) every issue in the appeal has already been decided by a District Court or a higher court in an earlier matter in which the appellant was involved, and the appeal therefore has no merit; ( b ) such conditions as may be prescribed by the Rules of Court are met. (2) Before summarily dismissing any appeal under subsection (1), a District Judge sitting in a District Court must — ( a ) give the appellant a reasonable opportunity to show cause why the appeal should not be summarily dismissed; and ( b ) consider any representations of the appellant. (3) In this section, “appeal” includes part of an appeal. [Act 25 of 2021 wef 01/04/2022] Criminal Jurisdiction of District Courts


document_id: sca-1970
provision_ref: s50
chapter: PART 4 - JURISDICTION
section: 50
title: Jurisdiction of District Courts exercising criminal jurisdiction
content:
50. —(1) Subject to subsection (2), a District Court exercising criminal jurisdiction has — ( a ) the jurisdiction and powers conferred on it by the Criminal Procedure Code 2010 and any other written law; and ( b ) without limiting paragraph ( a ), the power to order medical examination of a person who is an accused in any criminal proceedings where the physical or mental condition of the person is relevant to any matter in question in the proceedings. [31/2010] (2) The criminal jurisdiction of a District Court is exercisable where the offence is committed — ( a ) within Singapore; ( b ) on board any ship or aircraft registered in Singapore; ( c ) by any person who is a citizen of Singapore on the high seas or on any aircraft; and ( d ) in any place or by any person if it is provided in any written law that the offence is triable in Singapore. Jurisdiction of Magistrates’ Courts


document_id: sca-1970
provision_ref: s51
chapter: PART 4 - JURISDICTION
section: 51
title: Criminal jurisdiction of Magistrates’ Courts
content:
51. —(1) Subject to subsection (2), a Magistrate’s Court exercising criminal jurisdiction has — ( a ) the jurisdiction and powers conferred on it by the Criminal Procedure Code 2010 and any other written law; and ( b ) without limiting paragraph ( a ), the power to order medical examination of a person who is an accused in any criminal proceedings where the physical or mental condition of the person is relevant to any matter in question in the proceedings. [31/2010] (2) The criminal jurisdiction of a Magistrate’s Court is exercisable where the offence is committed — ( a ) within Singapore; ( b ) on board any ship or aircraft registered in Singapore; ( c ) by any person who is a citizen of Singapore on the high seas or on any aircraft; and ( d ) in any place or by any person if it is provided in any written law that the offence is triable in Singapore.


document_id: sca-1970
provision_ref: s52
chapter: PART 4 - JURISDICTION
section: 52
title: Civil jurisdiction of Magistrates’ Courts
content:
52. —(1) Subject to subsection (1A), a Magistrate’s Court has all the jurisdiction of the General Division of the High Court to hear and try any action in personam where — ( a ) the defendant is served with an originating claim or any other originating process — (i) in Singapore in the manner prescribed by Rules of Court; or (ii) outside Singapore in the circumstances authorised by and in the manner prescribed by Rules of Court; or [Act 25 of 2021 wef 01/04/2022] ( b ) the defendant submits to the jurisdiction of a Magistrate’s Court. [31/2010; 40/2019] (1A) The jurisdiction of a Magistrate’s Court under subsection (1) does not include jurisdiction to hear and try any action where — ( a ) there is no claim for any sum of money; ( aa ) the action is in passing off; [Act 23 of 2019 wef 01/04/2022] ( b ) the amount claimed in the action exceeds the Magistrate’s Court limit; or ( c ) any remedy or relief sought in the action, in addition or as an alternative to the amount claimed in the action, is in respect of a subject matter the value of which exceeds the Magistrate’s Court limit. [31/2010] (1B) A Magistrate’s Court has, in any proceedings within its jurisdiction under subsection (1) — ( a ) the power — (i) to grant such relief, redress or remedy or combination of remedies, either absolute or conditional; and (ii) to give such and the like effect to every ground of defence or counterclaim equitable or legal, as ought to be granted or given in the like action by the General Division of the High Court and in as full and ample a manner; ( b ) without limiting paragraph ( a ), the power — (i) to grant an injunction; (ii) to make binding declarations of rights; and (iii) to order medical examination of a person who is a party to any proceedings where the physical or mental condition of the person is relevant to any matter in question in the proceedings; ( c ) the power to make any order or to exercise any authority or jurisdiction which, if it related to a proceeding pending in the General Division of the High Court, might be made or exercised by a Judge sitting in chambers in the General Division of the High Court; and ( d ) the powers conferred on a District Court by — (i) sections 43 and 49A; and [Act 25 of 2021 wef 01/04/2022] (ii) section 12 of the Civil Law Act 1909. [31/2010; 40/2019] (2) In exercising its jurisdiction under subsection (1) or powers under subsection (1B), a Magistrate’s Court is subject to the same limitations and provisions as are applicable to a District Court under this Act. [31/2010] (3) The President may, after consulting the Chief Justice, by order vary the Magistrate’s Court limit. 53. [ Repealed by Act 26 of 2005 ]


document_id: sca-1970
provision_ref: s54
chapter: PART 4 - JURISDICTION
section: 54
title: Judgments and orders of Magistrates’ Courts
content:
54. Every judgment or order of a Magistrate’s Court in the exercise of its civil jurisdiction has the same effect (for purposes of appeal or otherwise) and is to be enforced in the same manner as if it were given or made by a District Court.


document_id: sca-1970
provision_ref: s54AA
chapter: PART 4 - JURISDICTION
section: 54AA
title: Agreement not to appeal
content:
54AA. —(1) An appeal cannot be brought against a decision of a Magistrate’s Court exercising civil jurisdiction, where the parties have agreed in writing signed by or on behalf of each party that the decision is final, unless the party seeking to appeal proves that — ( a ) the decision is affected by fraud or illegality; or ( b ) there was a fundamental breach of the rules of natural justice in the proceedings resulting in the decision. (2) An agreement mentioned in subsection (1) — ( a ) may be made before or after the decision to which the agreement relates is made; and ( b ) may relate to part of a decision, in which case references in subsection (1) to a decision are to be read as references to that part of the decision. [Act 25 of 2021 wef 01/04/2022] Transfers of Civil Proceedings


document_id: sca-1970
provision_ref: s54A
chapter: PART 4 - JURISDICTION
section: 54A
title: General power to transfer from Magistrate’s Court to District Court
content:
54A. —(1) Where it appears to a District Court, on the application of a party to any civil proceedings pending in a Magistrate’s Court, that the proceedings, by reason of its involving some important question of law, or being a test case, or for any other sufficient reason, should be tried in the District Court, it may order the proceedings to be transferred to the District Court. (2) An order under subsection (1) may be made on such terms as the court sees fit.


document_id: sca-1970
provision_ref: s54B
chapter: PART 4 - JURISDICTION
section: 54B
title: General power to transfer from State Courts to General Division of High Court
content:
54B. —(1) Where it appears to the General Division of the High Court, on the application of a party to any civil proceedings pending in a State Court, that the proceedings, by reason of its involving some important question of law, or being a test case, or for any other sufficient reason, should be tried in the General Division of the High Court, it may order the proceedings to be transferred to the General Division of the High Court. [5/2014; 40/2019] (2) An order under subsection (1) may be made on such terms as the court sees fit. Explanation.— The intended enforcement overseas of any judgment obtained in the General Division of the High Court, under any enforcement arrangements currently in force, would ordinarily be sufficient reason for transferring the proceedings to the General Division of the High Court. [40/2019]


document_id: sca-1970
provision_ref: s54C
chapter: PART 4 - JURISDICTION
section: 54C
title: General power to transfer from General Division of High Court to State Courts
content:
54C. —(1) A party to any civil proceedings pending in the General Division of the High Court may for any sufficient reason at any time apply to the General Division of the High Court for an order that the proceedings be transferred to a State Court. [5/2014; 40/2019] (2) Subject to subsection (3), the General Division of the High Court may, if it thinks fit, and on such terms as it sees fit, and either on its own motion or on application, order that the proceedings be transferred accordingly despite any other provision of this Act. [40/2019] (3) An order under subsection (2) may only be made in respect of such proceedings as could have been commenced in the State Court to which the application relates, if the value of the claim had been within the District Court limit or the Magistrate’s Court limit, as the case may be. Explanation.— The fact that the proceedings fall within the civil jurisdiction of the State Courts would not, by itself, ordinarily constitute sufficient reason for transferring the proceedings to the State Courts, if enforcement overseas is intended of any judgment obtained in the General Division of the High Court under any enforcement arrangements currently in force. [5/2014; 40/2019]


document_id: sca-1970
provision_ref: s54D
chapter: PART 4 - JURISDICTION
section: 54D
title: General power to transfer from District Court to Magistrate’s Court
content:
54D. —(1) A party to any civil proceedings pending in the District Court may for any sufficient reason at any time apply to the District Court for an order that the proceedings be transferred to a Magistrate’s Court. (2) Subject to subsection (3), the District Court may, if it thinks fit, and on such terms as it sees fit, and either on its own motion or on application, order that the proceedings be transferred accordingly despite any other provision of this Act. (3) An order under subsection (2) may only be made in respect of such proceedings as could have been commenced in the Magistrate’s Court if the value of the claim had been within the Magistrate’s Court limit.


document_id: sca-1970
provision_ref: s54E
chapter: PART 4 - JURISDICTION
section: 54E
title: Transfer of counterclaim from State Courts to General Division of High Court
content:
54E. —(1) Where, in any civil proceedings pending in a State Court, any counterclaim or set-off and counterclaim of any defendant involves a matter beyond the District Court limit, any party to the proceedings may apply to the General Division of the High Court, within such time as may be prescribed by Rules of Court, for an order that the whole proceedings, or the proceedings on the counterclaim or set-off and counterclaim, be transferred to the General Division of the High Court. [5/2014; 40/2019] (2) On any application under subsection (1) or on its own motion, the General Division of the High Court may, as it thinks fit, and on such terms as it sees fit, order — ( a ) that the whole proceedings be transferred to the General Division of the High Court; ( b ) that the whole proceedings be tried in the State Courts; or ( c ) that the proceedings on the counterclaim or set-off and counterclaim be transferred to the General Division of the High Court and that the proceedings on the claimant’s claim and the defence thereto other than the set‑off (if any) be tried in the State Courts. [5/2014; 40/2019] [Act 25 of 2021 wef 01/04/2022] (3) Where an order is made under subsection (2)( c ), and judgment on the claim is given for the claimant, enforcement thereon, unless the General Division of the High Court at any time otherwise orders, is to be stayed until the proceedings transferred to the General Division of the High Court have been concluded. [40/2019] [Act 25 of 2021 wef 01/04/2022] (4) Where no application is made under subsection (1) or where it is ordered that the whole proceedings be tried in the State Courts, the State Court has jurisdiction to try the proceedings, despite any other provision of this Act. [5/2014]


document_id: sca-1970
provision_ref: s54F
chapter: PART 4 - JURISDICTION
section: 54F
title: Transfer of counterclaim from Magistrate’s Court to District Court
content:
54F. —(1) Where, in any civil proceedings pending in a Magistrate’s Court, any counterclaim or set-off and counterclaim of any defendant involves a matter beyond the Magistrate’s Court limit, any party to the proceedings may apply to the District Court, within such time as may be prescribed by Rules of Court, for an order that the whole proceedings, or the proceedings on the counterclaim or set‑off and counterclaim, be transferred to the District Court. (2) On any application under subsection (1) or on its own motion, the District Court may, as it thinks fit, and on such terms as it sees fit, order — ( a ) that the whole proceedings be transferred to a District Court; ( b ) that the whole proceedings be tried in a Magistrate’s Court; or ( c ) that the proceedings on the counterclaim or set-off and counterclaim be transferred to a District Court and that the proceedings on the claimant’s claim and the defence thereto other than the set-off (if any) be tried in a Magistrate’s Court. [Act 25 of 2021 wef 01/04/2022] (3) Where an order is made under subsection (2)( c ), and judgment on the claim is given for the claimant, enforcement thereon, unless the District Court at any time otherwise orders, is to be stayed until the proceedings transferred to the District Court have been concluded. [Act 25 of 2021 wef 01/04/2022] (4) Where no application is made under subsection (1) or where it is ordered that the whole proceedings be tried in a Magistrate’s Court, the Magistrate’s Court has jurisdiction to try the proceedings, despite any other provision of this Act.


document_id: sca-1970
provision_ref: s54G
chapter: PART 4 - JURISDICTION
section: 54G
title: Costs in cases transferred from one court to another
content:
54G. —(1) Where proceedings are ordered to be transferred — ( a ) from the General Division of the High Court to a State Court; ( b ) from a State Court to the General Division of the High Court; or ( c ) from one State Court to another, the costs of the whole proceedings both before and after the transfer, subject to any order made by the court which ordered the transfer, are in the discretion of the court to which the proceedings are transferred, and that court has power to make orders with respect thereto and as to the scales on which the costs of the several parts of the proceedings are to be paid. [5/2014; 40/2019] (2) As regards so much of the proceedings in any action transferred from the General Division of the High Court to a State Court as takes place in the General Division of the High Court before the transfer — ( a ) the costs thereof are subject to section 39; and ( b ) the powers of the General Division of the High Court under section 39(4) to make an order allowing costs on the scale of the General Division of the High Court or on the State Courts scale are, subject to any order of the General Division of the High Court, exercisable by the State Court. [5/2014; 40/2019] 55. [ Repealed by Act 27 of 2014 ] 56. [ Repealed by Act 14 of 2010 ] 56A. [ Repealed by Act 15 of 2010 ]


document_id: sca-1970
provision_ref: s57
chapter: PART 5 - ADMINISTRATION
section: 57
title: Registry of State Courts
content:
57. —(1) The Registry of the State Courts is to be open on every day of the year except on Saturdays, Sundays and public holidays. [5/2014] (2) Despite subsection (1), the registrar may lawfully sit or carry out the business of the Registry on a Saturday, Sunday or public holiday if — ( a ) the Presiding Judge of the State Courts, with the concurrence of the Chief Justice, has directed the registrar to do so on that day; or ( b ) in the opinion of the registrar, the business to be despatched is extremely urgent. [4/2010; 5/2014] (3) The office hours of the Registry are such times as the Presiding Judge of the State Courts, with the concurrence of the Chief Justice, may from time to time direct. [4/2010; 5/2014]


document_id: sca-1970
provision_ref: s58
chapter: PART 5 - ADMINISTRATION
section: 58
title: Nature of business at any sitting
content:
58. At any sitting of a District Court or a Magistrate’s Court both civil and criminal proceedings may be tried.


document_id: sca-1970
provision_ref: s59
chapter: PART 5 - ADMINISTRATION
section: 59
title: Distribution of business
content:
59. The distribution of business in the State Courts is to be made in accordance with the directions, which may be of a general or a particular nature, that may be given by the Presiding Judge of the State Courts, with the concurrence of the Chief Justice. [4/2010; 5/2014]


document_id: sca-1970
provision_ref: s60
chapter: PART 5 - ADMINISTRATION
section: 60
title: Office of State Court
content:
60. —(1) There shall be attached to each State Court or a number of State Courts an office, under whatever name, for the purpose of carrying out the work or business in such Court or Courts. [5/2014] (2) Subject to any directions that may be given by the Chief Justice from time to time, the Presiding Judge of the State Courts is responsible for the apportionment of the work among the several officers in any such office. [4/2010; 5/2014]


document_id: sca-1970
provision_ref: s61
chapter: PART 5 - ADMINISTRATION
section: 61
title: Vacations for District and Magistrates’ Courts
content:
61. The Chief Justice may authorise vacations for District Courts and Magistrates’ Courts in the exercise of their civil jurisdiction not exceeding 15 days in any calendar year.


document_id: sca-1970
provision_ref: s62
chapter: PART 5 - ADMINISTRATION
section: 62
title: List of touts
content:
62. —(1) The Presiding Judge of the State Courts may — ( a ) frame and publish a list of persons proved to his or her satisfaction, by evidence of general repute or otherwise, to act as touts or unauthorised advisers to suitors or other persons; and ( b ) alter and amend the list. [4/2010; 5/2014] (2) The Presiding Judge of the State Courts may, by general or special order, exclude from the precincts of the State Courts any person whose name is included in the list, except that when the person is a party to or a witness in any proceedings in a State Court, then he or she is allowed to remain for such time as is necessary. [4/2010; 5/2014] (3) A person’s name must not be included in the list until the person has been heard or had an opportunity of being heard against such inclusion. (4) An appeal lies to a Judge sitting in chambers in the General Division of the High Court from an order made by the Presiding Judge of the State Courts to include a person’s name in the list. [4/2010; 5/2014; 40/2019] (5) The decision of the Judge is final. [40/2019] (6) A copy of the list is to be kept hung up in the office or offices of the State Courts and must be published in the Gazette . [5/2014] (7) A person whose name appears in the list of touts under section 73 of the Supreme Court of Judicature Act 1969, or the list of touts under section 39 of the Family Justice Act 2014, is deemed to be included in the list under this section, and vice versa. [27/2014]


document_id: sca-1970
provision_ref: s63
chapter: PART 5 - ADMINISTRATION
section: 63
title: Impounding documents
content:
63. —(1) A State Court may order any document produced before it in any proceedings to be impounded. [5/2014] (2) The document which has been impounded must not be delivered out of the custody of the court or inspected except on an order signed by a judicial officer. (3) The court that impounded the document may direct the document to be sent to the Attorney-General, the Commissioner of Stamp Duties or any other officer of the Government.


document_id: sca-1970
provision_ref: s64
chapter: PART 5 - ADMINISTRATION
section: 64
title: Disqualification of judicial officers
content:
64. —(1) Except with the approval of the Chief Justice, a judicial officer — ( a ) shall not be capable of — (i) accepting or taking any other office of emolument; or (ii) carrying on any business either directly or indirectly; and ( b ) must not accept any fees of office, perquisites, emoluments or advantages, other than the judicial officer’s salary and allowances. [31/2010] (2) Without limiting subsection (1), a judicial officer may, with the approval of the Chief Justice — ( a ) be appointed to any commission of inquiry, committee of inquiry or other judicial, quasi-judicial or administrative tribunal, or hold any office in any institution or society for charitable purposes or for the advancement or encouragement of art, science, education or other knowledge; and ( b ) receive an allowance or other honorarium in respect of that appointment or office. [31/2010]


document_id: sca-1970
provision_ref: s65
chapter: PART 5 - ADMINISTRATION
section: 65
title: Judicial officers not to act where interested
content:
65. A judicial officer must not, except with the approval of the Chief Justice and with the consent of the parties, investigate, try or commit for trial any proceedings to which the judicial officer is a party or in which the judicial officer is personally interested.


document_id: sca-1970
provision_ref: s66
chapter: PART 5 - ADMINISTRATION
section: 66
title: Officers of court not to bid at sales under any written law
content:
66. An officer of the State Courts having any duty to perform in connection with the sale of any property under any written law must not, directly or indirectly, purchase or bid for the property. [5/2014]


document_id: sca-1970
provision_ref: s67
chapter: PART 5 - ADMINISTRATION
section: 67
title: Misconduct of officers
content:
67. —(1) Without affecting any written law and rules governing the conduct and discipline of public officers, if any officer of a State Court is charged — ( a ) with extortion or misconduct while acting under colour of the process of the court; or ( b ) with not duly paying or accounting for any money levied by him or her under the authority of this Act or Rules of Court, it is lawful for a District Judge nominated by the Presiding Judge of the State Courts to inquire into the matter in a summary manner. [4/2010; 5/2014] (2) For the purpose of any such inquiry, the District Judge may summon and enforce the attendance of all necessary parties in the like manner as the attendance of witnesses in any case may be enforced. (3) On any such inquiry, the District Judge may make such order as he or she thinks just for the repayment of the money extorted or the due payment of the money levied, and for the payment of damages and costs, and also, if he or she thinks fit, may impose such fine upon the officer, not exceeding $100 for each offence, as appears to the District Judge to be adequate. (4) If it is found by a District Judge that any officer, while employed in carrying out his or her duties under this Act or Rules of Court or in exercising any of the powers thereof, has wilfully and corruptly exacted or accepted any fee or reward, other than any fees that are for the time being allowed under this Act or Rules of Court, that officer shall, in addition to being liable for damages under subsection (3), be incapable of being an officer of the State Courts. [5/2014] (5) An appeal lies to the Chief Justice from an order made by the District Judge under this section. (6) The decision of the Chief Justice is final.


document_id: sca-1970
provision_ref: s68
chapter: PART 5 - ADMINISTRATION
section: 68
title: Protection of judicial and other officers
content:
68. —(1) A judicial officer shall not be liable to be sued for any act done by the judicial officer in the discharge of his or her judicial duty whether or not within the limits of his or her jurisdiction, provided that the judicial officer at the time in good faith believed himself or herself to have jurisdiction to do or order the act complained of. (2) No officer of a State Court charged with the duty of executing any writ, summons, warrant, order, notice or other mandatory process of the State Courts shall be liable to be sued — ( a ) for the execution of or attempting to execute such writ, summons, warrant, order, notice or other mandatory process; or ( b ) in respect of any damage caused to any property in effecting or attempting to effect execution, unless the officer knowingly acted in excess of the authority conferred upon him or her by such writ, summons, warrant, order, notice or other mandatory process of the court in question. [5/2014] (3) An officer of a State Court is not to be deemed to have acted knowingly in excess of his or her authority merely by reason of the existence of a dispute as to the ownership of any property seized under any enforcement order or writ of distress. [5/2014] [Act 25 of 2021 wef 01/04/2022] (4) No judicial officer, officer of a State Court or court‑appointed mediator shall be liable to be sued for an act done by him or her for the purposes of any mediation or other alternative dispute resolution process conducted by him or her in a State Court, if the act — ( a ) was done in good faith; and ( b ) did not involve any fraud or wilful misconduct on his or her part. [31/2010; 5/2014]


document_id: sca-1970
provision_ref: s69
chapter: PART 5 - ADMINISTRATION
section: 69
title: Rules of Court
content:
69. —(1) The Rules Committee appointed under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court regulating and prescribing the procedure and the practice to be followed in the District Courts and the Magistrates’ Courts in the exercise of their civil jurisdiction and any matters incidental to or relating to any such procedure or practice. (2) The power to make Rules of Court extends to all matters of procedure or practice, or matters relating to or concerning the effect or operation in law of any procedure or practice or the enforcement of judgments or orders, in any case within the cognizance of the District Courts and Magistrates’ Courts in the exercise of the civil jurisdiction as to which Rules of Court have been or might lawfully be made for cases within the cognizance of the General Division of the High Court. [40/2019] (3) Without limiting subsections (1) and (2), the power to make Rules of Court extends to — ( a ) prescribing the office or offices where process may be issued and business other than the hearing of proceedings transacted; ( b ) prescribing the circumstances and procedure by which proceedings may be transferred from one court to another; ( c ) prescribing what part of the business which may be transacted and of the jurisdiction and powers which may be exercised by a District Judge or Magistrate in court or in chambers may be transacted or exercised by the registrar (including provisions for and concerning appeals from decisions of the registrar); ( d ) directing interest to be paid on debts, including judgment debts, or on sums found due in an administration action, except that the rate of interest must not in any case exceed 8% per annum unless it has been otherwise agreed between parties; ( e ) regulating — (i) the issue of judgment debtor summonses for the discovery of a judgment debtor’s property or means and the procedure and practice relating thereto; and (ii) the making of orders against judgment debtors for the payment, by instalments or otherwise, of sums due under judgments and orders and the enforcement thereof by committal; ( f ) requiring any party at whose instance — (i) any enforcement order; [Act 25 of 2021 wef 01/04/2022] (ii) any order of arrest or committal; (iii) any order of attachment of property; or (iv) any order to bring up a prisoner as a witness, is issued, to deposit from time to time a sum of money to provide for the expenses of executing the order and of bringing the person to be arrested or the person ordered to be committed before the court or to prison and of his or her subsistence while in the custody of the bailiff or in prison and of keeping possession of the property attached; [Act 25 of 2021 wef 01/04/2022] ( g ) enabling proceedings — (i) to be commenced in a State Court against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or letters of administration has been made; (ii) purporting to have been commenced in a State Court by or against a person to be treated, if he or she was dead at their commencement, as having been commenced by or against (as the case may be) his or her estate whether or not a grant of probate or letters of administration was made before their commencement; and (iii) commenced or treated as commenced in a State Court by or against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) by or against (as the case may be) a person appointed to represent the estate or, if a grant of probate or letters of administration is or has been made, by or against the personal representatives; ( h ) prescribing the manner in which money in a court is to be dealt with and in particular — (i) prescribing that money in court may be kept at a bank, to be approved by the Accountant-General, in the official name of the registrar; (ii) regulating the manner in which the court’s bank account is to be operated; (iii) requiring the registrar to pay from time to time to the Accountant-General or into the court’s bank account all moneys not required for meeting current demands and to pay to the Accountant-General all sums which have been in the court’s bank account for such period as may be prescribed; [Act 25 of 2021 wef 01/04/2022] ( i ) prescribing the books, registers and accounts required to be kept by the registrar and bailiffs; and [5/2014] [Act 25 of 2021 wef 01/04/2022] ( j ) prescribing anything that is required or permitted under this Act to be prescribed by Rules of Court. [Act 25 of 2021 wef 01/04/2022] (3A) The Rules of Court may, instead of providing for any matter, refer to any provision made or to be made for that matter by practice directions issued for the time being by the registrar. [Act 25 of 2021 wef 01/04/2022] (4) All Rules of Court made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: sca-1970
provision_ref: s70
chapter: PART 6 - SUPPLEMENTAL
section: 70
title: Conversion of pending petitions to writs of summons and originating summonses
content:
70. —(1) Where — ( a ) under any written law any civil action or application may be commenced in or made to a District Court, a Magistrate’s Court or the registrar (called in this section the Court); and ( b ) the provisions under any written law by virtue of which such an action or application was required to be commenced or made by way of a petition have been amended such as to require that any such action or application must, as from the date appointed for the coming into operation of the amendment, be commenced or made by way of a writ of summons or an originating summons, then, if any such action or application that has been commenced or made before that date by way of a petition is still pending before the Court on or after that date, the Court may, if it thinks just and expedient, order that the action or application (called in this section a pending action or application) be converted to and be continued as an action or application commenced or made by way of a writ of summons or an originating summons, as is appropriate. (2) The Presiding Judge of the State Courts, with the concurrence of the Chief Justice, may, where the Presiding Judge considers it necessary or expedient to improve efficiency in the administration of justice, by order direct that any class or description of pending actions or applications before the Court be converted to and be continued as actions or applications commenced or made by way of a writ of summons or an originating summons, as is appropriate. [4/2010; 5/2014] (3) Where pursuant to subsection (1) or (2) any pending action or application has been converted to an action or application commenced or made by way of a writ of summons or an originating summons — ( a ) the action or application is to be continued in accordance with the provisions of the relevant written law and the practice and procedure as are in force and applicable in relation to that action or application at the time of the conversion; and ( b ) the Court may give to the parties to the action or application such directions as to the conduct and costs of the action or application as it thinks just and expedient for the purpose of facilitating the conversion of the action or application to an action or application commenced or made by way of a writ of summons or an originating summons (as the case may be) and its continuance as such.


document_id: sca-2007
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: General interpretation
content:
2. In this Act, unless the context otherwise requires — “address‑harvesting software” means software that is specifically designed or marketed for use for — ( a ) searching the Internet for electronic addresses; and ( b ) collecting, compiling, capturing or otherwise harvesting those electronic addresses; “Authority” means the Info‑communications Media Development Authority established by section 3 of the Info‑communications Media Development Authority Act 2016; “business day” means any day other than a Saturday, Sunday or public holiday; “dictionary attack” means the method by which the electronic address of a recipient is obtained using an automated means that generates possible electronic addresses by combining names, letters, numbers, punctuation marks or symbols into numerous permutations; “electronic address” means an email address, an instant messaging account or a mobile telephone number to which an electronic message can be sent; “instant messaging account” means an account of a user of an instant messaging service; “instant messaging service” means a messaging service that allows a user to exchange messages with other users who are using the service concurrently; “Internet access service provider” means a person who provides a service to give the public access to the Internet; “recipient”, in relation to an electronic message, means an authorised user of the electronic address to whom the message is sent, and where a recipient of an electronic message has one or more electronic addresses in addition to the address to which the message was sent, the recipient is treated as a separate recipient with respect to each such address; “sender”, in relation to an electronic message, means a person who sends the message, causes the message to be sent, or authorises the sending of the message; “unsubscribe request” means a request by a recipient of an electronic message, requesting the sender to stop sending any further electronic messages to the recipient’s electronic address. [22/2016; 40/2020]


document_id: sca-2007
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Meaning of “commercial electronic message”
content:
3. —(1) In this Act, a commercial electronic message is an electronic message, where, having regard to — ( a ) the content of the message; ( b ) the way in which the message is presented; and ( c ) the content that can be located using the links, telephone numbers or contact information (if any) set out in the message, it is concluded that the primary purpose of the message is — ( d ) to offer to supply goods or services; ( e ) to advertise or promote goods or services; ( f ) to advertise or promote a supplier, or a prospective supplier, of goods or services; ( g ) to offer to supply land or an interest in land; ( h ) to advertise or promote land or an interest in land; ( i ) to advertise or promote a supplier, or a prospective supplier, of land or an interest in land; ( j ) to offer to provide a business opportunity or an investment opportunity; ( k ) to advertise or promote a business opportunity or an investment opportunity; ( l ) to advertise or promote a provider, or a prospective provider, of a business opportunity or an investment opportunity; ( m ) to assist or enable a person, by deception, to dishonestly obtain property belonging to another person; ( n ) to assist or enable a person, by deception, to dishonestly obtain a financial advantage from another person; or ( o ) to assist or enable a person to dishonestly obtain a gain from another person. (2) For the purposes of paragraphs ( d ) to ( l ) of subsection (1), it does not matter — ( a ) whether the goods, services, land, interest or opportunity exists; or ( b ) whether it is lawful to acquire the goods, services, land or interest, or take up the opportunity. (3) Any of the following persons may be the individual who, or entity which, is the sender of the message: ( a ) the supplier or prospective supplier mentioned in paragraph ( f ) or ( i ) of subsection (1); ( b ) the provider or prospective provider mentioned in paragraph ( l ) of subsection (1); ( c ) the firstmentioned person in paragraph ( m ), ( n ) or ( o ) of subsection (1). (4) Subject to subsection (5), a person who knowingly allows the person’s product or service to be advertised or promoted by a sender is deemed to have authorised the sending by the sender of any electronic message that advertises or promotes that person’s product or service. (5) For the purposes of subsection (4), a person who takes reasonable steps to stop the sending of any electronic message that advertises or promotes that person’s product or service is deemed not to have authorised the sending of the message.


document_id: sca-2007
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Meaning of “electronic message”
content:
4. —(1) In this Act, subject to subsection (3), an electronic message is a message sent to an electronic address. (2) For the purposes of subsection (1), it does not matter — ( a ) whether the electronic address exists; or ( b ) whether the message reaches its intended destination. (3) For the purposes of this Act, a message is not an electronic message if it is sent by way of a voice call made using a telephone service.


document_id: sca-2007
provision_ref: s4A
chapter: PART 1 - PRELIMINARY
section: 4A
title: Electronic messages sent to instant messaging accounts
content:
4A. For the purposes of this Act — ( a ) where an electronic message is sent to an instant messaging account; and ( b ) the name used to identify, or which is associated with, that instant messaging account is an email address or a mobile telephone number, the electronic message is not a message sent to the email address or mobile telephone number (as the case may be) mentioned in paragraph ( b ). [40/2020]


document_id: sca-2007
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Meaning of “unsolicited”
content:
5. —(1) In this Act, an electronic message is unsolicited if the recipient did not — ( a ) request to receive the message; or ( b ) consent to the receipt of the message. (2) For the purposes of subsection (1), a recipient is not to be treated as having requested to receive the message or consented to the receipt of the message merely because the electronic address of the recipient was given or published by or on behalf of the recipient. (3) For the purposes of subsection (1), where a recipient of an electronic message, other than an unsolicited electronic message, submits an unsubscribe request, the recipient is not to be treated as having requested to receive or consented to the receipt of any message sent after the expiry of 10 business days after the day on which the unsubscribe request is submitted.


document_id: sca-2007
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Meaning of “sending in bulk”
content:
6. —(1) For the purposes of this Act, electronic messages are deemed to be sent in bulk if a person sends, causes to be sent or authorises the sending of — ( a ) more than 100 electronic messages containing the same or similar subject matter during a 24‑hour period; ( b ) more than 1,000 electronic messages containing the same or similar subject matter during a 30‑day period; or ( c ) more than 10,000 electronic messages containing the same or similar subject matter during a one‑year period. (2) The Minister may, by order in the Gazette , vary the number of electronic messages specified in subsection (1)( a ), ( b ) or ( c ).


document_id: sca-2007
provision_ref: s7
chapter: PART 1 - PRELIMINARY
section: 7
title: Application of Act
content:
7. —(1) This Act does not apply unless an electronic message has a Singapore link. (2) For the purposes of subsection (1), an electronic message has a Singapore link in the following circumstances: ( a ) the message originates in Singapore; ( b ) the sender of the message is — (i) an individual who is physically present in Singapore when the message is sent; or (ii) an entity — (A) which is formed or recognised under the law of Singapore; or (B) which has an office or a place of business in Singapore; ( c ) the computer, mobile telephone, server or device that is used to access the message is located in Singapore; ( d ) the recipient of the message is — (i) an individual who is physically present in Singapore when the message is accessed; or (ii) an entity that carries on business or activities in Singapore when the message is accessed; or ( e ) if the message cannot be delivered because the relevant electronic address no longer exists (assuming that the electronic address existed), it is reasonably likely that the message would have been accessed using a computer, mobile telephone, server or device located in Singapore. [40/2020] (3) Despite subsection (1), this Act does not apply to any electronic message specified in the First Schedule to such extent as may be specified therein.


document_id: sca-2007
provision_ref: s8
chapter: PART 2 - DICTIONARY ATTACK AND ADDRESS‑HARVESTING SOFTWARE
section: 8
title: Application of this Part
content:
8. —(1) Subject to subsection (2), this Part applies to all electronic messages, whether or not they are unsolicited commercial electronic messages. [40/2020] (2) This Part does not apply to any electronic message sent to a mobile telephone number. [40/2020]


document_id: sca-2007
provision_ref: s9
chapter: PART 2 - DICTIONARY ATTACK AND ADDRESS‑HARVESTING SOFTWARE
section: 9
title: Use of dictionary attack and address‑harvesting software
content:
9. A person must not send, cause to be sent, or authorise the sending of, an electronic message to electronic addresses generated or obtained through the use of — ( a ) a dictionary attack; or ( b ) address-harvesting software.


document_id: sca-2007
provision_ref: s11
chapter: PART 3 - UNSOLICITED COMMERCIAL ELECTRONIC MESSAGES
section: 11
title: Sender of unsolicited commercial electronic messages in bulk to comply with Second Schedule
content:
11. Any person who sends, causes to be sent or authorises the sending of unsolicited commercial electronic messages in bulk must comply with the requirements in the Second Schedule.


document_id: sca-2007
provision_ref: s12
chapter: PART 4 - CIVIL ACTION
section: 12
title: Aiding, abetting, etc.
content:
12. —(1) A person must not — ( a ) aid, abet or procure a contravention of section 9 or 11; ( b ) induce, whether by threats, promises or otherwise, a contravention of section 9 or 11; ( c ) be in any way, directly or indirectly, knowingly concerned in or a party to, a contravention of section 9 or 11; or ( d ) conspire with others to effect a contravention of section 9 or 11. (2) A person does not contravene subsection (1), section 9 or 11 merely because the person — ( a ) provides, or operates facilities for, online services or network access; or ( b ) provides services relating to, or provides connections for, the transmission or routing of data.


document_id: sca-2007
provision_ref: s13
chapter: PART 4 - CIVIL ACTION
section: 13
title: Civil action
content:
13. —(1) Where there is a contravention of section 9 or 11 in relation to electronic messages sent to electronic addresses, any person who has suffered loss or damage as a direct or an indirect result of that contravention may commence an action in a court against — ( a ) the sender; or ( b ) a person who has contravened section 12(1). (2) This section does not affect any liability that any person has under any other written law or rule of law.


document_id: sca-2007
provision_ref: s14
chapter: PART 4 - CIVIL ACTION
section: 14
title: Injunction and damages for civil action
content:
14. —(1) Subject to the provisions of this Act, in an action under section 13(1), the types of relief that the court may grant include the following: ( a ) an injunction (subject to any terms that the court thinks fit); ( b ) damages; ( c ) statutory damages under subsection (3). (2) The types of relief mentioned in paragraphs ( b ) and ( c ) of subsection (1) are mutually exclusive. (3) In any action under section 13(1), the claimant is entitled, at the election of the claimant, to — ( a ) damages in the amount of the loss or damage suffered by the claimant as a direct or an indirect result of the contravention mentioned in section 13(1); or [Act 25 of 2021 wef 01/04/2022] ( b ) statutory damages — (i) not exceeding $25 for each electronic message mentioned in section 13(1); and (ii) not exceeding in the aggregate $1 million, unless the claimant proves that the actual loss suffered by the claimant from such electronic messages exceeds $1 million. [Act 25 of 2021 wef 01/04/2022] (4) In awarding statutory damages under subsection (3)( b ), the court is to have regard to — ( a ) whether the contravention by the defendant of section 9, 11 or 12(1) was wilful; ( b ) any loss or damage that the claimant has suffered or is likely to suffer as a direct or an indirect result of the contravention mentioned in section 13(1); [Act 25 of 2021 wef 01/04/2022] ( c ) any benefit shown to have accrued to the defendant by reason of the sending of electronic messages; ( d ) the need to deter other similar instances of sending of electronic messages; and ( e ) all other relevant matters. (5) The loss mentioned in this section includes any pecuniary loss suffered as a direct or an indirect result of the contravention mentioned in section 13(1).


document_id: sca-2007
provision_ref: s15
chapter: PART 4 - CIVIL ACTION
section: 15
title: Costs and expenses
content:
15. In any proceedings under this Act, the court may, in addition to exercising the powers conferred by section 14, order the defendant to pay to the claimant — ( a ) the costs and expenses of and incidental to the proceedings; and ( b ) any legal costs incurred in respect of the proceedings. [Act 25 of 2021 wef 01/04/2022]


document_id: sca-2007
provision_ref: s16
chapter: PART 5 - MISCELLANEOUS
section: 16
title: Code of practice
content:
16. —(1) Internet access service providers and telecommunications service providers may, with the approval of the Authority, issue a code of practice in connection with — ( a ) minimum standards of technical measures to effectively control the sending of unsolicited commercial electronic messages; and ( b ) any other matters that the Authority may require. (2) Every Internet access service provider and telecommunications service provider must comply with any code of practice the Authority approves under subsection (1), except that if any provision in any code of practice is inconsistent with this Act, that provision does not have effect to the extent of the inconsistency.


document_id: sca-2007
provision_ref: s17
chapter: PART 5 - MISCELLANEOUS
section: 17
title: Amendment of Schedules
content:
17. —(1) The Minister may at any time, by order in the Gazette , amend any Schedule. (2) The Minister may, in any order made under subsection (1), make any incidental, consequential or supplementary provisions that may be necessary or expedient.


document_id: sca-2007
provision_ref: s18
chapter: PART 5 - MISCELLANEOUS
section: 18
title: Regulations
content:
18. The Minister may make any regulations that may be necessary or expedient — ( a ) for carrying out the purposes and provisions of this Act; and ( b ) for prescribing anything that may be required or authorised to be prescribed by this Act.


document_id: scarta-2013
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “court” means the General Division of the High Court or a Family Court; “de facto partner”, in relation to a gestational mother (whether married or not) at a given point in time, means the man (if any) with whom the gestational mother is living in a relationship as if he were her spouse at that point in time; “egg” means a live human egg and includes the cells of the female germ line at any stage of maturity but, except in the definition of “embryo”, does not include an egg that is in the process of fertilisation or undergoing any other process capable of resulting in an embryo; “embryo” means a live human embryo and includes an egg that is in the process of fertilisation or undergoing any other process capable of resulting in an embryo; “fertilisation procedure” means — ( a ) the placing of an embryo or of sperm and eggs in a woman; ( b ) the artificial insemination of a woman; or ( c ) any other prescribed procedure for the assisted conception of children; “gestational mother” means the woman who is treated as the mother of a child under section 6; “sperm” means live human sperm and includes the cells of the male germ line at any stage of maturity. [40/2019] (2) Any reference in this Act to a marriage includes a reference to a void marriage if, at the time of such void marriage, both or either of the parties to the marriage reasonably believed that the marriage was valid.


document_id: scarta-2013
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Application and effect of this Act
content:
3. —(1) This Act applies only to a child born on or after 1 October 2014 as a result of a fertilisation procedure (whether done before, on or after 1 October 2014) and where — ( a ) the child is born in Singapore; or ( b ) any of the following persons is domiciled in Singapore on the date of the birth of the child: (i) the gestational mother of the child; (ii) the husband (if any) of the gestational mother at the time of the fertilisation procedure as a result of which she carried the child; (iii) the de facto partner (if any) of the gestational mother at the time of the fertilisation procedure as a result of which she carried the child; (iv) the person whose sperm or egg the child was brought about with; (v) the person who consented to the fertilisation procedure. (2) For the purposes of this Act, a citizen of Singapore is presumed to be domiciled in Singapore, unless the contrary is proved. (3) Where a person is to be treated as the mother or the father of a child (as the case may be) by virtue of this Act, then, from the time that person is to be treated as the mother or the father of the child, as the case may be — ( a ) that person is to be treated in law as the mother or the father of the child (as the case may be) for all purposes; ( b ) no other person is to be treated in law as the mother or the father of the child (as the case may be) for any purpose; ( c ) any reference to any relationship between 2 persons in any law or document (whether enacted or made before, on or after 1 October 2014) is to be construed accordingly; and ( d ) without limiting paragraph ( c ) and unless the context otherwise requires, a reference in any written law to “natural parent” or “natural father” in relation to a child to whom this Act applies is to be construed as a reference to the parent or the father of the child (as the case may be) as determined under this Act, and a reference in any written law to “natural child” or “child” is to be construed accordingly. (4) This Act does not apply to a child to the extent that the child is treated by virtue of adoption as not being the child of any person other than the adopter or adopters. (5) The application of this Act does not by itself affect the citizenship of a child. (6) To avoid doubt, nothing in this Act affects any right or remedy that a person may have against any other person in relation to a fertilisation procedure which resulted in the birth of a child.


document_id: scarta-2013
provision_ref: s4
chapter: PART 2 - PARENTHOOD IN CASES INVOLVING ASSISTED
section: 4
title: Consent to fertilisation procedure
content:
4. For the purposes of this Act — ( a ) a person is deemed not to have validly given or withdrawn the person’s consent to a fertilisation procedure, whether done in Singapore or elsewhere, unless the person gives or withdraws his or her consent (as the case may be) in writing; and ( b ) unless the contrary is proved, a person is presumed to have validly given or withdrawn the person’s consent to a fertilisation procedure done in Singapore if the person gives or withdraws his or her consent (as the case may be) to the fertilisation procedure — (i) in writing; and (ii) in accordance with any law or any condition imposed pursuant to any law, or any requirement or procedure imposed by the responsible authority, in respect of that fertilisation procedure.


document_id: scarta-2013
provision_ref: s5
chapter: PART 2 - PARENTHOOD IN CASES INVOLVING ASSISTED
section: 5
title: Person who provided egg or sperm not to be treated as parent
content:
5. Except as determined under this Act, where a child is brought about as a result of a fertilisation procedure — ( a ) the woman whose egg the child was brought about with is not to be treated as the mother of the child; and ( b ) the man whose sperm the child was brought about with is not to be treated as the father of the child.


document_id: scarta-2013
provision_ref: s6
chapter: PART 2 - PARENTHOOD IN CASES INVOLVING ASSISTED
section: 6
title: Gestational mother treated as mother
content:
6. Subject to section 9, where a woman has carried a child as a result of a fertilisation procedure, the woman is to be treated as the mother of the child from the date of the birth of the child, whether she was in Singapore or elsewhere at the time she underwent the fertilisation procedure.


document_id: scarta-2013
provision_ref: s7
chapter: PART 2 - PARENTHOOD IN CASES INVOLVING ASSISTED
section: 7
title: Husband treated as father
content:
7. —(1) Subject to subsection (7), where — ( a ) a gestational mother was married at the time she underwent a fertilisation procedure as a result of which she carried a child, or was married at any time thereafter; and ( b ) the child was brought about with the sperm of her husband in that marriage, her husband in that marriage is to be treated as the father of the child from the date of the birth of the child or the date of the marriage, whichever is the later. (2) Subject to subsection (7), where — ( a ) a gestational mother was married at the time she underwent a fertilisation procedure as a result of which she carried a child; and ( b ) the child was not brought about with the sperm of her husband in that marriage, her husband in that marriage is to be treated as the father of the child from the date of the birth of the child unless it is proved that he did not consent to the gestational mother undergoing the fertilisation procedure at the time the fertilisation procedure was carried out. (3) Subject to subsection (7), where — ( a ) a gestational mother was married at the time she underwent a fertilisation procedure as a result of which she carried a child; ( b ) the child was not brought about with the sperm of her husband in that marriage; ( c ) her husband in that marriage did not consent to the gestational mother undergoing the fertilisation procedure at the time the fertilisation procedure was carried out; and ( d ) her husband in that marriage has nevertheless through a course of conduct accepted the child as a child of the marriage knowing that the child was not brought about with his sperm, her husband in that marriage is to be treated as the father of the child from the time he so accepted the child. (4) Subject to subsection (7), where — ( a ) a gestational mother had a de facto partner at the time she underwent a fertilisation procedure as a result of which she carried a child; ( b ) the gestational mother was married to the de facto partner at any time after the fertilisation procedure; and ( c ) the child was brought about with the sperm of the de facto partner, the de facto partner is to be treated as the father of the child from the date of the birth of the child or the date of the marriage, whichever is the later. (5) Subject to subsection (7), where — ( a ) a gestational mother had a de facto partner at the time she underwent a fertilisation procedure as a result of which she carried a child; ( b ) the gestational mother was married to the de facto partner at any time after the fertilisation procedure; and ( c ) the child was not brought about with the sperm of the de facto partner, the de facto partner is to be treated as the father of the child from the date of the birth of the child or the date of the marriage, whichever is the later, unless it is proved that he did not consent to the gestational mother undergoing the fertilisation procedure at the time the fertilisation procedure was carried out. (6) Subject to subsection (7), where — ( a ) a gestational mother had a de facto partner at the time she underwent a fertilisation procedure as a result of which she carried a child; ( b ) the gestational mother was married to the de facto partner at any time after the fertilisation procedure; ( c ) the child was not brought about with the sperm of the de facto partner; ( d ) the de facto partner did not consent to the gestational mother undergoing the fertilisation procedure at the time the fertilisation procedure was carried out; and ( e ) the de facto partner has nevertheless through a course of conduct accepted the child as a child of the relationship or of the marriage (as the case may be) knowing that the child was not brought about with his sperm, the de facto partner is to be treated as the father of the child from the time he so accepted the child or the date of the marriage, whichever is the later. (7) If 2 or more men are to be treated as the father of a child by virtue of one or more provisions in this section, only the man who is to be treated as the father of the child earlier in time by virtue of a provision in this section is to be treated as the father of the child, and no other man is to be treated as the father of the child by virtue of any other provision in this section. (8) This section is subject to section 9.


document_id: scarta-2013
provision_ref: s8
chapter: PART 2 - PARENTHOOD IN CASES INVOLVING ASSISTED
section: 8
title: Court may order de facto partner to be treated as father
content:
8. —(1) This section applies only if — ( a ) no man is treated as the father of a child by virtue of any provision in section 7; ( b ) section 9 does not apply; and ( c ) there is no prior court order declaring that a man is to be treated as the father of a child under this section. (2) Where — ( a ) a gestational mother had a de facto partner — (i) at the time she underwent a fertilisation procedure as a result of which she carried a child and she was not married to him at any time after the fertilisation procedure; or (ii) at any time after she underwent a fertilisation procedure as a result of which she carried a child and she was not married to him at any time after the fertilisation procedure; and ( b ) the child was brought about with the sperm of the de facto partner, the court may, in its discretion and upon an application made under section 10, declare that the de facto partner is to be treated as the father of the child. (3) Where — ( a ) a gestational mother had a de facto partner at the time she underwent a fertilisation procedure as a result of which she carried a child and she was not married to him at any time after the fertilisation procedure; ( b ) the child was not brought about with the sperm of the de facto partner; and ( c ) the de facto partner had consented to the gestational mother undergoing the fertilisation procedure at the time the fertilisation procedure was carried out, the court may, in its discretion and upon an application made under section 10, declare that the de facto partner is to be treated as the father of the child. (4) Where — ( a ) a gestational mother had a de facto partner at the time she underwent a fertilisation procedure as a result of which she carried a child and she was not married to him at any time after the fertilisation procedure; ( b ) the child was not brought about with the sperm of the de facto partner; ( c ) the de facto partner did not consent to the gestational mother undergoing the fertilisation procedure at the time the fertilisation procedure was carried out; and ( d ) the de facto partner has nevertheless through a course of conduct accepted the child as a child of the relationship knowing that the child was not brought about with his sperm, the court may, in its discretion and upon an application made under section 10, declare that the de facto partner is to be treated as the father of the child. (5) To avoid doubt, and without affecting section 10(9), a de facto partner to whom this section applies is not to be treated as the father of a child unless the court so declares.


document_id: scarta-2013
provision_ref: s9
chapter: PART 2 - PARENTHOOD IN CASES INVOLVING ASSISTED
section: 9
title: Parenthood where egg, sperm or embryo used is not intended to be used
content:
9. —(1) This section applies where — ( a ) by reason of any mistake, negligence, recklessness or fraud, any egg, sperm or embryo used in a fertilisation procedure undergone by a gestational mother was not the egg, sperm or embryo intended to be used by the gestational mother or, where applicable, her husband or her de facto partner, as the case may be; and ( b ) the use of the egg, sperm or embryo in the fertilisation procedure resulted in the gestational mother carrying a child. (2) Subject to subsection (3), the parenthood of the child born as a result of a fertilisation procedure mentioned in subsection (1) is to be determined in accordance with section 6 or 7 (as the case may be) as if — ( a ) the mistake, negligence, recklessness or fraud had not occurred; and ( b ) the child was brought about with the egg, sperm or embryo intended to be used by the gestational mother or, where applicable, her husband or her de facto partner (as the case may be) and not the egg, sperm or embryo actually used. (3) Subject to subsection (4), the court may, in its discretion and upon an application made under section 10 by a person other than the person to be treated as the parent of a child under subsection (2), declare that that person is to be the parent of the child. (4) The court is not to declare that a person is to be treated as the parent of a child pursuant to subsection (3) unless an application has been made under section 10 within 2 years after the date on which the applicant discovered that the child was born as a result of a fertilisation procedure mentioned in subsection (1).


document_id: scarta-2013
provision_ref: s10
chapter: PART 2 - PARENTHOOD IN CASES INVOLVING ASSISTED
section: 10
title: Application to determine parenthood
content:
10. —(1) This section applies to all applications to determine the parenthood of a child under this Act. (2) The following persons may apply to the court for an order to determine the parenthood of a child under this Act: ( a ) the child; ( b ) a person claiming to be treated as the parent of a child pursuant to section 6, 7 or 9(2); ( c ) a person seeking a declaration by the court that the person be treated as the parent of a child pursuant to section 8 or 9(3); ( d ) any other person, with the permission of the court. [Act 25 of 2021 wef 15/10/2024] (3) The court is not to grant permission to any person for the purpose of subsection (2)( d ) unless it is satisfied that the person seeking permission has a sufficient interest in the parenthood of the child even though the person is not claiming to be treated as the parent of a child or seeking a court order declaring that the person be treated as the parent of a child. [Act 25 of 2021 wef 15/10/2024] (4) An application to determine the parenthood of a child may only be made after the birth of the child. (5) An application to determine the parenthood of a child may be made whether or not there is a dispute as to the parenthood of the child. (6) An application to determine the parenthood of a child may be contested by the child or any person who is treated or seeking to be treated as the parent of the child. (7) Where the parenthood of a child is to be determined in the discretion of the court pursuant to section 8 or 9(3) — ( a ) the welfare and best interests of the child is to be the first and paramount consideration of the court; and ( b ) the court may have regard to all or any of the following matters, where applicable, in considering the welfare and best interests of the child: (i) the wishes of the child, where the child is of an age to express an independent opinion; (ii) the child’s biological relationship with any party to the proceedings; (iii) the age of the child; (iv) any bond that has developed between the child and any party to the proceedings; (v) the intention of the parties to the proceedings with regard to the parenthood of the child; (vi) the conduct and behaviour of the parties to the proceedings; (vii) the relationship between the child and any child of a party to the proceedings; (viii) the respective abilities of the parties to the proceedings to provide for the child’s physical, emotional, developmental and other needs; (ix) the extent to which any party to the proceedings can facilitate the child’s relationship with any other party to the proceedings; (x) any other relevant matter. (8) An application to determine the parenthood of a child may include an application for ancillary orders relating to the welfare of the child, including a declaration of the legitimacy of the child and an order for a person treated as a parent to maintain the child, and the court may make such ancillary orders as it deems necessary. (9) Subject to sections 6, 7 and 9(2), an order by the court in an application to determine the parenthood of a child shall take effect from the date of the order or from such other date as may be specified in the order.


document_id: scarta-2013
provision_ref: s11
chapter: PART 2 - PARENTHOOD IN CASES INVOLVING ASSISTED
section: 11
title: Legitimacy
content:
11. If the woman who is to be treated as the mother of a child under this Act is married to the man who is to be treated as the father of the child under this Act, the child is to be treated as legitimate and a child of the marriage from whichever of the following dates occurs last: ( a ) the date of the child’s birth; ( b ) the date of the marriage; ( c ) the date the child is accepted as a child of the marriage by the man who is to be treated as the child’s father. 12. [ Repealed by Act 17 of 2021 wef 29/05/2022 ]


document_id: scarta-2013
provision_ref: s13
chapter: PART 3 - MISCELLANEOUS
section: 13
title: Regulations
content:
13. The Minister may make regulations for carrying out the purposes of this Act and for prescribing any matter which is required under this Act to be prescribed.


document_id: scarta-2013
provision_ref: s14
chapter: PART 3 - MISCELLANEOUS
section: 14
title: Family Justice Rules
content:
14. —(1) The Family Justice Rules Committee constituted under section 46(1) of the Family Justice Act 2014 may make Family Justice Rules — ( a ) to regulate and prescribe the procedure and practice in respect of proceedings under this Act; ( b ) to provide for the transmission of any order of court with respect to the parenthood of a child to the Registrar‑General of Births and Deaths under the Registration of Births and Deaths Act 2021; and [Act 2 of 2024 wef 16/04/2024] ( c ) to provide for the costs and fees of such proceedings, and for regulating any matter relating to the costs of such proceedings. (2) The Family Justice Rules may, instead of providing for any matter, refer to any provision made or to be made about that matter by practice directions issued for the time being by the registrar of the Family Justice Courts.


document_id: scarta-2013
provision_ref: s15
chapter: PART 3 - MISCELLANEOUS
section: 15
title: Transitional provisions
content:
15. —(1) Despite section 3 but subject to subsections (2) and (3), where a child was born before 1 October 2014 as a result of a fertilisation procedure, the court may, in its discretion, make an order declaring the parenthood of the child. (2) In making an order under subsection (1), the court — ( a ) is to exercise its discretion in accordance with section 10(7); and ( b ) may additionally have regard to the provisions of sections 6 to 9, but is not bound to apply those provisions. (3) No application under this section may be made after the expiry of a period of 2 years after the date on which the applicant discovered that the child who was born as a result of the fertilisation procedure was brought about under circumstances described in section 9(1). (4) Section 10 applies, with the necessary modifications, to an application made under this section.


document_id: scca-1970
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Board” means the Science Centre Board established under section 3; “Chairperson” means the Chairperson of the Board appointed under section 4 and includes any temporary Chairperson so appointed; “chief executive” means the chief executive of the Board, and includes any individual acting in that capacity; “Deputy Chairperson” means the Deputy Chairperson of the Board appointed under section 4 and includes any temporary Deputy Chairperson so appointed; “financial year” means a period of 12 months beginning on 1 April in any year; “Science Centre” means the Science Centre established under section 5. [5/2018]


document_id: scca-1970
provision_ref: s3
section: 3
title: Establishment of Science Centre Board
content:
3. —(1) A body corporate called the Science Centre Board is established in accordance with the provisions of this Act. (2) The Board — ( a ) has perpetual succession; ( b ) must have a common seal; and ( c ) may, subject to the provisions of this Act — (i) acquire, hold and dispose of property, both movable and immovable; (ii) enter into contracts; (iii) sue and be sued in its corporate name; and (iv) perform any other acts that bodies corporate may by law perform.


document_id: scca-1970
provision_ref: s4
section: 4
title: Constitution of Board
content:
4. —(1) The Board consists of the following persons, all of whom must be appointed by the Minister: ( a ) a Chairperson; ( b ) a Deputy Chairperson; and ( c ) not less than 7 but not more than 15 other members. (2) Subject to the provisions of this Act, the members of the Board hold office for such term and subject to such conditions as the Minister may determine. (3) The Minister may appoint any person to be a temporary member of the Board during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of any member of the Board. (4) The Minister may appoint any member of the Board to be a temporary Chairperson or temporary Deputy Chairperson during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairperson or the Deputy Chairperson, as the case may be. (5) The Minister may, at any time, accept the resignation of any member of the Board. (6) The Minister may, at any time, revoke the appointment of the Chairperson, the Deputy Chairperson and any other member of the Board. (7) The Board may act despite any vacancy in its membership.


document_id: scca-1970
provision_ref: s5
section: 5
title: Duties of Board
content:
5. It is the duty of the Board to establish and maintain a Science Centre for the purpose of — ( a ) exhibiting objects illustrative of the physical sciences, life sciences, applied sciences, technology and industry; and ( b ) promoting the dissemination of knowledge in science and technology.


document_id: scca-1970
provision_ref: s6
section: 6
title: Powers of Board
content:
6. The Board has the following powers for the discharge of its duties under section 5: ( a ) to carry on all activities that appear to the Board to be necessary, advantageous or convenient for or in connection with the discharge of its duties; ( b ) to promote the carrying on of any such activities by other bodies or persons; ( c ) to carry on such activities in association with other bodies or persons including the departments of the Government; ( d ) with the approval of the Minister, to acquire, purchase, lease, take, hold and enjoy movable and immovable property of every description and sell, convey, assign, surrender and yield up, mortgage, demise, reassign, transfer or otherwise dispose of any movable or immovable property vested in the Board upon any terms that the Board thinks fit; ( e ) to erect and maintain all necessary buildings for the purposes of the Science Centre; ( f ) to manage the Science Centre; ( g ) to acquire, install and maintain exhibits for the Science Centre; ( h ) to receive donations, grants, gifts of movable or immovable property from any source or raise funds by any lawful means; ( i ) to regulate and control public access to the Science Centre and charge fees for such access; ( j ) to make provision for the specialised training of any officers or employees of the Board and in that connection may offer scholarships to intending trainees or otherwise pay for the course of such training and all expenditure incidental to the training; ( k ) to enter into contracts, establish trusts and generally regulate transaction of all business connected with the Board.


document_id: scca-1970
provision_ref: s7
section: 7
title: Chief executive, officers and employees, etc.
content:
7. —(1) There must be a chief executive of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Board may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive during any period, or during all periods, when the chief executive — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018] 8. [ Repealed by Act 5 of 2018 ]


document_id: scca-1970
provision_ref: s9
section: 9
title: Directions by Minister
content:
9. —(1) The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) The Board must furnish the Minister with such information with respect to its property and activities as the Minister may require.


document_id: scca-1970
provision_ref: s10
section: 10
title: Appointment of committees and delegation of powers
content:
10. —(1) The Board may, in its discretion, appoint from among its own members or other persons who are not members of the Board one or more committees consisting of persons who may or may not be members of the Board for purposes which, in the opinion of the Board, would be better regulated and managed by means of those committees. (2) The Board may, subject to any conditions or restriction that it thinks fit, delegate to any committee mentioned in subsection (1) or the chairperson of that committee or any employee of the Board all or any of the powers, functions and duties by this Act vested in the Board, and any power, function or duty so delegated may be exercised or performed by that committee or the chairperson of that committee or employee in the name and on behalf of the Board. [5/2018]


document_id: scca-1970
provision_ref: s11
section: 11
title: Protection from personal liability
content:
11. —(1) No action, suit, prosecution or proceedings shall be brought or instituted against any member of the Board in respect of any act done bona fide in pursuance or execution or intended execution of this Act. (2) Where any member of the Board is exempt from liability by reason only of this section, the Board itself is liable only to the extent that it would be if that member of the Board were an employee or agent of the Board.


document_id: scca-1970
provision_ref: s12
section: 12
title: Execution of documents
content:
12. All deeds, documents and other instruments requiring the seal of the Board must be sealed with the common seal of the Board in the presence of the Chairperson or the Deputy Chairperson and one other member of the Board, who must sign every such deed, document and other instrument to which the common seal is affixed, and their signing is sufficient evidence that the seal was duly and properly affixed and that it is the lawful seal of the Board.


document_id: scca-1970
provision_ref: s13
section: 13
title: Grants to Board
content:
13. For the purpose of enabling the Board to carry out its function under this Act, the Minister may make grants to the Board of such sums of money as the Minister may determine.


document_id: scca-1970
provision_ref: s13A
section: 13A
title: Issue of shares, etc.
content:
13A. As a consequence of the vesting of any property, rights or liabilities of the Government in the Board under this Act, or of any capital injection or other investment by the Government in the Board in accordance with any written law, the Board must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: scca-1970
provision_ref: s14
section: 14
title: Science Centre Fund
content:
14. All moneys received or raised by the Board must forthwith be paid into any bank that may be decided by the Board to the credit of a fund to be called the Science Centre Fund (called in this Act the Fund) which is to be controlled and administered by the Board, subject to the directions of the Minister.


document_id: scca-1970
provision_ref: s15
section: 15
title: Purposes of Science Centre Fund
content:
15. The moneys standing to the credit of the Fund must be devoted solely to the following purposes: ( a ) the payment of the expenses of, or connected with, the administration of the Board; ( b ) the payment of all expenses necessary for carrying out the purposes of this Act. 16. [ Repealed by Act 5 of 2018 ] 17. [ Repealed by Act 5 of 2018 ]


document_id: scca-1970
provision_ref: s19
section: 19
title: Power of investment
content:
19. The Board may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965.


document_id: scca-1970
provision_ref: s20
section: 20
title: Regulations
content:
20. —(1) The Minister may make regulations for or in respect of — ( a ) the convening of meetings of the Board and the procedure to be followed, to the extent not inconsistent with the Public Sector (Governance) Act 2018; ( b ) the management and control of the Science Centre and the premises of the Centre; ( c ) the exercise of the Board’s powers and functions under the provisions of this Act; and ( d ) every purpose which is considered by the Minister to be necessary for carrying out the provisions of this Act. [5/2018] (2) All regulations made under this Act — ( a ) may prescribe that any act or omission in contravention of any regulation is an offence; and ( b ) may provide for the imposition of a penalty not exceeding a fine of $1,000 for such offence.


document_id: scccfa-1989
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Consolidated Fund” means the Consolidated Fund established under Article 145 of the Constitution; “expenditure” means all expenses properly incurred by a specified statutory corporation in performing its functions and duties; “funds” includes all general and special funds and reserves under the control or management of a specified statutory corporation, other than funds created for the accounting of moneys which are subject to a trust; “Minister” means the Minister for Finance; “revenue” includes all moneys received by or accruing to a specified statutory corporation other than moneys subject to a trust; “specified statutory corporation” means any of the organisations, authorities or corporations specified in the Schedule.


document_id: scccfa-1989
provision_ref: s3
section: 3
title: Minister may require payment into Consolidated Fund
content:
3. Despite the provisions of any written law specified in the Schedule, the Minister may, by written notice, require any specified statutory corporation to pay into the Consolidated Fund within the period specified in the notice — ( a ) the whole or part of the excess of the revenue over the expenditure of that statutory corporation in any financial year; and ( b ) the whole or part of the amount in the funds of that statutory corporation which, in the Minister’s opinion, is not required for performing its functions and duties.


document_id: scja-1969
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Appellate Division” means the Appellate Division of the High Court; “court” means the General Division, the Appellate Division, or the Court of Appeal; “Family Division of the High Court” means the Family Division of the High Court constituted under section 4 of the Family Justice Act 2014; “Family Justice Rules” means the Family Justice Rules made under the Family Justice Act 2014 and any other written law by the Family Justice Rules Committee constituted under section 46(1) of that Act; “General Division” means the General Division of the High Court; “Judge” means a Supreme Court Judge, a Judicial Commissioner, a Senior Judge or an International Judge, and — ( a ) in relation to the General Division, means a Judge sitting in that Division in accordance with the Constitution and this Act; ( b ) in relation to the Appellate Division, means a Judge sitting in that Division in accordance with the Constitution and this Act; and ( c ) in relation to the Court of Appeal, means a Judge sitting in that Court in accordance with the Constitution and this Act; “Registrar” means the Registrar of the Supreme Court and includes the Deputy Registrar and the Assistant Registrars; “Rules of Court” means Rules of Court made under this Act and includes forms; “seal” includes stamp; “subordinate court” means a court constituted under the State Courts Act 1970, a Family Court or Youth Court constituted under the Family Justice Act 2014, and any other court, tribunal or judicial or quasi‑judicial body from the decisions of which under any written law there is a right of appeal to the Supreme Court; “Supreme Court Judge” means the Chief Justice, a Justice of the Court of Appeal, a Judge of the Appellate Division or a Judge of the High Court. [5/2014; 27/2014; 42/2014; 40/2019]


document_id: scja-1969
provision_ref: s3
chapter: PART 2 - THE SUPREME COURT
section: 3
title: Superior courts
content:
3. It is declared that the General Division of the High Court, the Appellate Division of the High Court and the Court of Appeal are superior courts of record. [40/2019]


document_id: scja-1969
provision_ref: s4
chapter: PART 2 - THE SUPREME COURT
section: 4
title: Precedence
content:
4. The Supreme Court Judges rank in the following order: ( a ) the Chief Justice; ( b ) the Vice‑Presidents of the Court of Appeal according to the order of their appointments; ( c ) the Justices of the Court of Appeal (other than the Vice‑Presidents of the Court of Appeal) according to the order of their appointments; ( d ) the President of the Appellate Division (if the Chief Justice is not the President of the Appellate Division); ( e ) the Judges of the Appellate Division (other than the President of the Appellate Division) according to the order of their appointments; ( f ) the Judges of the High Court according to the order of their appointments. [40/2019]


document_id: scja-1969
provision_ref: s5
chapter: PART 2 - THE SUPREME COURT
section: 5
title: Acting appointment
content:
5. —(1) Whenever during any period, owing to illness or absence from Singapore or any other cause, the Chief Justice is unable to exercise the powers or perform the duties of his or her office, such powers are to be had and may be exercised and such duties are to be performed by the Judge having precedence next after the Chief Justice, who is present in Singapore and able to act during that period. (2) For the purposes of this section, temporary absence in any part of Malaysia is not to be deemed to be absence from Singapore.


document_id: scja-1969
provision_ref: s5A
chapter: PART 2 - THE SUPREME COURT
section: 5A
title: International Judges
content:
5A. An International Judge may only sit in the Singapore International Commercial Court, in an appeal from a decision of that Court, and in an application relating to such an appeal. [40/2019]


document_id: scja-1969
provision_ref: s6
chapter: PART 2 - THE SUPREME COURT
section: 6
title: Seal
content:
6. The Supreme Court is to have a seal or seals of such nature and pattern as the Chief Justice may, by notification in the Gazette , prescribe. [40/2019]


document_id: scja-1969
provision_ref: s7
chapter: PART 2 - THE SUPREME COURT
section: 7
title: Vacations
content:
7. The Chief Justice may specify vacations of the Supreme Court, which must not exceed 2 months in any year. [40/2019]


document_id: scja-1969
provision_ref: s8
chapter: PART 2 - THE SUPREME COURT
section: 8
title: Sittings in private
content:
8. —(1) The place in which any court is held for the purpose of trying any cause or matter, civil or criminal, is deemed an open and public court to which the public generally may have access. (2) The court has power to hear any matter or proceeding or any part thereof in private if the court is satisfied that it is expedient in the interests of justice, public safety, public security or propriety, the national interest or national security of Singapore, or for other sufficient reason to do so. [19/2018] [Act 25 of 2021 wef 01/04/2022] (2AA) Any application for a matter or proceeding to be held in private, on the grounds that it is expedient in the national interest or national security of Singapore to do so, is to be heard in private. [Act 25 of 2021 wef 01/04/2022] (2AB) The court has the power to hear any application mentioned in subsection (2AA), or any part of such an application, otherwise than in private, if the court is satisfied that — ( a ) it is expedient in the interests of justice to hear the application or part of the application otherwise than in private; and ( b ) it is not prejudicial to the national interest or national security of Singapore to hear the application or part of the application otherwise than in private. [Act 25 of 2021 wef 01/04/2022] (2A) A court may, in any matter or proceeding or any part thereof tried or held or to be tried or held before it, if satisfied that it is expedient in the interests of justice, public safety, public security or propriety, the national interest or national security of Singapore, or for other sufficient reason to do so, order that — ( a ) the name, address or photograph of any witness; [Act 25 of 2021 wef 01/04/2022] ( b ) any evidence or any other thing likely to lead to the identification of such witness by a person other than the party to that matter or proceeding; or [Act 25 of 2021 wef 01/04/2022] ( c ) any information that, if disclosed, may be prejudicial to the national interest or national security of Singapore, which is contained in any court document intended to be produced before the court, be removed or be sufficiently redacted. [15/2010] [Act 25 of 2021 wef 01/04/2022] (3) A court may at any time order that no person is to — ( a ) publish the name, address or photograph of any witness in any matter or proceeding or any part thereof tried or held or to be tried or held before it, or any evidence or any other thing likely to lead to the identification of any such witness; [Act 25 of 2021 wef 01/04/2022] ( b ) do any other act which is likely to lead to the identification of any witness mentioned in paragraph ( a ); or [15/2010] [Act 25 of 2021 wef 01/04/2022] ( c ) publish any information relating to any matter or proceeding before the court that, if disclosed, may be prejudicial to the national interest or national security of Singapore. [Act 25 of 2021 wef 01/04/2022] (4) Any person who acts in contravention of any order under subsection (2A) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. [15/2010] (5) A court that hears the whole or any part of any matter or proceeding in private may, in its discretion, permit any of the following individuals to be present in the courtroom while that matter or proceeding is heard in private: ( a ) any journalist who reports news for a newspaper or a broadcasting service; ( b ) any individual whom the court determines has a sufficient interest in that matter or proceeding; ( c ) any other individual that the court specifies in any particular case. [19/2018] [Act 25 of 2021 wef 01/04/2022] (6) For the purposes of subsection (2), the matters that the court may consider, when deciding whether it is expedient in the interests of justice, public safety, public security or propriety, the national interest or national security of Singapore, or for other sufficient reason, to hear the whole or any part of any matter or proceeding in private, include the following matters: ( a ) whether the defence of any accused person in that matter or proceeding will be prejudiced by the presence of any member of the public in the courtroom; ( b ) whether any accused person or witness in that matter or proceeding has any legitimate interest in privacy that needs to be protected; ( c ) whether the object of that matter or proceeding will be defeated by publicity if that matter or proceeding is heard in open court; ( d ) whether any accused person or witness in that matter or proceeding has any legitimate interest in protecting the confidentiality of any information that may be disclosed during the hearing of that matter or proceeding; ( e ) whether any information that may be disclosed during the hearing of that matter or proceeding will be prejudicial to the interests of Singapore. [19/2018] [Act 25 of 2021 wef 01/04/2022] (7) In this section — “broadcasting service” has the meaning given by section 2(1) of the Broadcasting Act 1994; “newspaper” has the meaning given by section 2(1) of the Newspaper and Printing Presses Act 1974. [19/2018] [Act 25 of 2021 wef 01/04/2022]


document_id: scja-1969
provision_ref: s8A
chapter: PART 2 - THE SUPREME COURT
section: 8A
title: Court may conduct hearing through electronic means of communication
content:
8A. —(1) Without limiting section 8, the court may conduct the hearing of any matter or proceeding (other than a matter or proceeding prescribed by the Rules of Court, the Family Justice Rules or the Criminal Procedure Rules) through a live video link, a live television link, a live audio link or any other electronic means of communication approved by the Chief Justice. [Act 25 of 2021 wef 01/04/2022] (2) Subsection (1) does not affect the operation of section 26A of the Administration of Justice (Protection) Act 2016, section 62A of the Evidence Act 1893 and section 281 of the Criminal Procedure Code 2010. [46/2018] [Act 25 of 2021 wef 01/04/2022] (3) A court must not conduct any part of a hearing of a matter through a live audio link only, without an accompanying live video link or live television link — ( a ) where oral evidence is given during that part of the hearing (including in a trial of an offence) in a criminal proceeding; ( b ) where oral evidence is given during that part of the hearing (including in a trial of an action) in a civil proceeding, unless all the parties consent; or ( c ) where the matter is prescribed by the Rules of Court, the Family Justice Rules or the Criminal Procedure Rules. [Act 25 of 2021 wef 01/04/2022] (4) For the purposes of subsection (3), a court is not considered to have conducted a part of a hearing of a matter through a live audio link only and without an accompanying live video link or live television link, by reason only of a temporary disruption in the accompanying live video link or live television link that was insignificant and which did not affect the court’s duty to conduct proceedings fairly. [Act 25 of 2021 wef 01/04/2022] (5) A court must not conduct a hearing of a matter or proceeding in the manner provided under subsection (1), if to do so would be inconsistent with the court’s duty to ensure that the hearing is conducted fairly to all parties. [Act 25 of 2021 wef 01/04/2022] (6) A court is deemed to be sitting at a place appointed under section 11(1), 34(1)( a ) or 52(1)( a ) (as the case may be) when the court conducts a hearing of a matter or proceeding in the manner provided under subsection (1) (whether any Judge or Registrar sitting in the court is situated in Singapore or outside Singapore). [Act 25 of 2021 wef 01/04/2022]


document_id: scja-1969
provision_ref: s10
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 10
title: Proceedings in General Division
content:
10. —(1) Subject to subsection (1A), every proceeding in the General Division and all business arising out of the proceeding is to be heard and disposed of before a single Judge, or before any other number of Judges as provided by any written law for the time being in force. [Act 25 of 2021 wef 01/04/2022] (1A) Despite subsection (1) and any other written law mentioned in that subsection, the Chief Justice may direct that any particular proceeding in the General Division be heard before a court consisting of any uneven number of Judges greater than the number provided under subsection (1) or that other written law. [Act 25 of 2021 wef 01/04/2022] (1B) A proceeding in the General Division before 3 or more Judges must be decided in accordance with the opinion of the majority of them. [Act 25 of 2021 wef 01/04/2022] (2) A Judge may, subject to Rules of Court or Family Justice Rules, exercise in court or in chambers all or any part of the jurisdiction vested in the General Division, in all such causes and matters and in all such proceedings in any causes or matters as might immediately before 9 January 1970 have been heard in court or in chambers respectively by a single Judge, or as may be directed or authorised to be so heard by Rules of Court or Family Justice Rules for the time being in force. [27/2014; 40/2019] (3) [ Deleted by Act 42 of 2014 ] (4) If a Judge reserves judgment in any proceedings and his or her appointment as a Judge expires or is terminated before his or her judgment is delivered, he or she has power to deliver judgment in respect of those proceedings, even though his or her appointment as a Judge has expired or has been terminated. (5) No Judge is to sit in the General Division on the hearing of, or determine any application in proceedings incidental or preliminary to — ( a ) an appeal from a judgment or an order made by the Judge as the Presiding Judge of the State Courts or the Presiding Judge of the Family Justice Courts; ( b ) an appeal against a conviction before the Judge or a sentence passed by the Judge as the Presiding Judge of the State Courts or the Presiding Judge of the Family Justice Courts; ( c ) the consideration of any case stated by the Judge under section 395 of the Criminal Procedure Code 2010 as the Presiding Judge of the State Courts or the Presiding Judge of the Family Justice Courts; ( d ) any application made under section 400 of the Criminal Procedure Code 2010 in relation to any judgment or order made, or sentence passed, by the Judge as the Presiding Judge of the State Courts or the Presiding Judge of the Family Justice Courts; or ( e ) any proceedings relating to any judgment, order or direction made by the Judge as the Presiding Judge of the State Courts or the Presiding Judge of the Family Justice Courts. [5/2014; 27/2014; 40/2019] [Act 25 of 2021 wef 01/04/2022]


document_id: scja-1969
provision_ref: s10A
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 10A
title: Assessors to assist General Division
content:
10A. —(1) In any proceedings before the General Division, the Court may, if it thinks fit on the application of any party, or on its own motion, summon to its assistance, in such manner as may be prescribed by Rules of Court or Family Justice Rules, one or more persons of skill and experience in the matter to which the proceedings relate who may be willing to sit with the Court and act as assessors. [27/2014; 40/2019] (2) Subject to subsection (3), the remuneration of assessors for sitting under this section is to be at such rate as may be prescribed by Rules of Court or Family Justice Rules and is to be costs in the proceedings unless otherwise ordered by the General Division. [27/2014; 40/2019] (3) Where one or more assessors are summoned for the purposes of this section otherwise than on the application of a party to the proceedings, the remuneration of any such assessor is payable out of moneys provided by Parliament. (4) Where any person is proposed to be summoned as an assessor, objection to the person, either personally or in respect of the person’s qualification, may be taken by any party in the prescribed manner.


document_id: scja-1969
provision_ref: s10B
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 10B
title: When General Division is open
content:
10B. —(1) Subject to subsection (2), the General Division is to sit on every day of the year except on Saturdays, Sundays and public holidays. [40/2019] (2) Despite subsection (1), a Judge may lawfully sit on a Saturday, Sunday or public holiday or during a vacation prescribed under section 7 if — ( a ) the Chief Justice has directed the Judge to sit on that day or during that vacation; or ( b ) in the opinion of the Judge, the business to be despatched is extremely urgent. [40/2019]


document_id: scja-1969
provision_ref: s11
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 11
title: Sittings of General Division and distribution of business
content:
11. —(1) The General Division is to sit at such times and at such places as the Chief Justice may from time to time appoint. [40/2019] (2) The distribution of business among the several Judges is to be made in accordance with such directions, which may be of a general or a particular nature, as may be given by the Chief Justice. 12. [ Repealed by Act 40 of 2019 ]


document_id: scja-1969
provision_ref: s13
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 13
title: Enforcement orders for seizure and sale of property
content:
13. A judgment for the payment of money to any person or into court may be enforced by an enforcement order for seizure and sale of property, under which all the property, movable or immovable, of whatever description, of a judgment debtor may be seized, except — ( a ) the wearing apparel and bedding of the judgment debtor or the judgment debtor’s family, and the tools and implements of the judgment debtor’s trade, when the value of such apparel, bedding, tools and implements does not exceed $1,000; ( b ) tools of artisans, and, where the judgment debtor is an agriculturist, the judgment debtor’s implements of husbandry and such animals and seed‑grain or produce as may in the opinion of the court be necessary to enable the judgment debtor to earn his or her livelihood as such; ( c ) the wages or salary of the judgment debtor; ( d ) any pension, gratuity or allowance granted by the Government; and ( e ) the share of the judgment debtor in a partnership, as to which the judgment creditor is entitled to proceed to obtain a charge under any provision of any written law relating to partnership. [40/2019] [Act 25 of 2021 wef 01/04/2022]


document_id: scja-1969
provision_ref: s14
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 14
title: Execution of deed or indorsement of negotiable instrument
content:
14. —(1) If — ( a ) a judgment or order is for the execution of a deed, or signing of a document, or for the indorsement of a negotiable instrument; and ( b ) the party ordered to execute, sign or indorse such instrument is absent, or neglects or refuses to do so, any party interested in having the same executed, signed or indorsed, may — ( c ) prepare a deed, or document, or indorsement of the instrument in accordance with the terms of the judgment or order; and ( d ) tender the same to the court for execution upon the proper stamp, if any is required by law, and the signature thereof by the Registrar, by order of the court, has the same effect as the execution, signing or indorsement thereof by the party ordered to execute. (2) Nothing in this section is to be held to abridge the powers of the court to proceed by attachment against any person neglecting or refusing to execute, sign or indorse any such instrument. Division 2 &#x2014; Original jurisdiction [40/2019]


document_id: scja-1969
provision_ref: s15
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 15
title: Criminal jurisdiction
content:
15. —(1) The General Division has jurisdiction to try all offences committed — ( a ) within Singapore; ( b ) on board any ship or aircraft registered in Singapore; ( c ) by any person who is a citizen of Singapore on the high seas or on any aircraft; ( d ) by any person on the high seas where the offence is piracy by the law of nations; ( e ) by any person within or outside Singapore where the offence is punishable under and by virtue of the provisions of the Hijacking of Aircraft and Protection of Aircraft and International Airports Act 1978 or the Maritime Offences Act 2003; and ( f ) in any place or by any person if it is provided in any written law that the offence is triable in Singapore. [40/2019] (2) The General Division may pass any sentence allowed by law. [40/2019]


document_id: scja-1969
provision_ref: s16
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 16
title: Civil jurisdiction — general
content:
16. —(1) The General Division has jurisdiction to hear and try any action in personam where — ( a ) the defendant is served with an originating claim or any other originating process — (i) in Singapore in the manner prescribed by Rules of Court or Family Justice Rules; or (ii) outside Singapore in the circumstances authorised by and in the manner prescribed by Rules of Court or Family Justice Rules; or [Act 25 of 2021 wef 01/04/2022] ( b ) the defendant submits to the jurisdiction of the General Division. [30/2010; 27/2014; 40/2019] (2) Without limiting subsection (1), the General Division has such jurisdiction as is vested in it by any other written law. [40/2019]


document_id: scja-1969
provision_ref: s17
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 17
title: Civil jurisdiction — specific
content:
17. —(1) Without limiting section 16, the civil jurisdiction of the General Division includes — ( a ) jurisdiction under any written law relating to divorce and matrimonial causes; ( b ) jurisdiction under any written law relating to matters of admiralty; ( c ) jurisdiction under any written law relating to bankruptcy or to companies; ( d ) jurisdiction to appoint and control guardians of infants and generally over the persons and property of infants; ( e ) jurisdiction to appoint and control guardians and keepers of the persons and estates of idiots, mentally disordered persons and persons of unsound mind; ( f ) jurisdiction to grant probates of wills and testaments, letters of administration of the estates of deceased persons and to alter or revoke such grants; ( g ) jurisdiction under the Mediation Act 2017 to record a mediated settlement agreement made in a mediation, in relation to a dispute for which no proceedings have been commenced in a court, as an order of court; and ( h ) jurisdiction under the Singapore Convention on Mediation Act 2020 to grant the applications provided for in that Act in respect of international settlement agreements. [1/2017; 40/2019; 4/2020] (2) In this section — “international settlement agreement” has the meaning given by section 2(1) of the Singapore Convention on Mediation Act 2020; “mediated settlement agreement” and “mediation” have the meanings given by the Mediation Act 2017. [4/2020]


document_id: scja-1969
provision_ref: s17A
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 17A
title: Civil jurisdiction — concurrent jurisdiction with Syariah Court in certain matters
content:
17A. —(1) Despite sections 16 and 17, the General Division has no jurisdiction to hear and try any civil proceedings involving matters which come within the jurisdiction of the Syariah Court under section 35(2)( a ), ( b ) or ( c ) of the Administration of Muslim Law Act 1966 in which all the parties are Muslims or where the parties were married under the provisions of the Muslim law. [40/2019] (2) Even though such matters come within the jurisdiction of the Syariah Court under section 35(2)( d ) or ( e ), 51 or 52(3)( c ) or ( d ) of the Administration of Muslim Law Act 1966, the General Division has jurisdiction as is vested in it by any written law to hear and try any civil proceedings involving matters relating to — ( a ) maintenance for any wife or child; ( b ) custody of any child; and ( c ) disposition or division of property on divorce. [40/2019] (3) Where civil proceedings involving any matter referred to in subsection (2)( b ) or ( c ) and involving parties who are Muslims or were married under the provisions of the Muslim law are commenced in the General Division, the General Division is to stay the civil proceedings — ( a ) involving any matter referred to in subsection (2)( b ) or ( c ), if the civil proceedings are commenced on or after the commencement of proceedings for divorce in the Syariah Court or after the making of a decree or order for divorce by the Syariah Court or on or after the registration of any divorce under section 102 of the Administration of Muslim Law Act 1966 between the same parties, unless a Syariah Court commencement certificate in respect of the civil proceedings has been filed with the General Division; ( b ) involving any matter referred to in subsection (2)( b ), if proceedings for divorce are commenced in the Syariah Court or a decree or order for divorce is made by the Syariah Court or a divorce is registered under section 102 of the Administration of Muslim Law Act 1966 between the same parties after the commencement of the civil proceedings, unless a Syariah Court continuation certificate in respect of the civil proceedings has been filed with the General Division. [40/2019] (3A) For the purposes of subsection (3), any reference to the registration of any divorce, or to a divorce that is registered, under section 102 of the Administration of Muslim Law Act 1966 is to be construed as a reference to the registration of a divorce or to a divorce that is registered under that section before 1 March 2009. [29/2008] (4) For the purposes of subsection (3), where the proceedings in the Syariah Court are commenced on the same day as the civil proceedings in the General Division, the proceedings in the Syariah Court are deemed to have been commenced before the civil proceedings. [40/2019] (5) Subsection (3)( a ) does not apply if the civil proceedings referred to therein are commenced in the General Division by the consent of the parties to the proceedings and the certificates of attendance of the parties issued under section 35A(7) of the Administration of Muslim Law Act 1966 have been filed in accordance with Family Justice Rules. [27/2014; 40/2019] (6) Subsection (3)( b ) does not apply if the civil proceedings referred to therein are continued by the consent of the parties to the proceedings and the certificates of attendance of the parties issued under section 35A(7) of the Administration of Muslim Law Act 1966 have been filed in accordance with Family Justice Rules. [27/2014] (7) To avoid any doubt, the General Division, in exercising its jurisdiction or powers under subsection (2), is to apply the civil law. [40/2019] (8) Despite section 3(2) of the Women’s Charter 1961, section 112 of that Act applies to the General Division in the exercise of its jurisdiction or powers under subsection (2)( c ). [40/2019] (9) In this section — “Syariah Court” means the Syariah Court constituted under the Administration of Muslim Law Act 1966; “Syariah Court commencement certificate” means a commencement certificate issued by the Syariah Court under section 35A(4) of the Administration of Muslim Law Act 1966; “Syariah Court continuation certificate” means a continuation certificate issued by the Syariah Court under section 35A(4) of the Administration of Muslim Law Act 1966.


document_id: scja-1969
provision_ref: s17B
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 17B
title: Oral hearing not needed generally
content:
17B. —(1) Subject to subsection (2), the General Division may decide any matter in its original civil jurisdiction without hearing oral arguments, other than a matter prescribed by the Rules of Court or the Family Justice Rules. (2) Subsection (1) does not allow any part of a proceeding where oral evidence is given (including any part of a trial of an action) to be conducted without an oral hearing, unless all the parties consent. (3) Subject to subsection (4), the General Division may, in any matter that the General Division may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties using such means of communication as directed by the General Division. (4) The General Division must not hear a matter in an asynchronous manner if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to all parties. (5) To avoid doubt, this section does not affect the power of the General Division to hear oral arguments before deciding any matter that may be decided without hearing oral arguments. [Act 25 of 2021 wef 01/04/2022]


document_id: scja-1969
provision_ref: s17C
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 17C
title: Summary dismissal of certain matters
content:
17C. —(1) A Judge sitting in the General Division may, on his or her own motion, summarily dismiss any appeal made against a decision of the Registrar relating to civil proceedings, if the Judge is satisfied of any of the following: ( a ) every issue in the appeal has already been decided by the General Division, the Appellate Division or the Court of Appeal in an earlier matter in which the appellant was involved, and the appeal therefore has no merit; ( b ) such conditions as may be prescribed by the Rules of Court or the Family Justice Rules are met. (2) Before summarily dismissing any appeal under subsection (1), a Judge sitting in the General Division must — ( a ) give the appellant a reasonable opportunity to show cause why the appeal should not be summarily dismissed; and ( b ) consider any representations of the appellant. (3) In this section, “appeal” includes part of an appeal. [Act 25 of 2021 wef 01/04/2022]


document_id: scja-1969
provision_ref: s18
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 18
title: Powers of General Division
content:
18. —(1) The General Division has the powers that are vested in it by any written law for the time being in force in Singapore. [40/2019] (2) Without limiting subsection (1), the General Division has the powers set out in the First Schedule. [40/2019] (3) The powers mentioned in subsection (2) are to be exercised in accordance with any written law, Rules of Court or Family Justice Rules relating to them. [27/2014] Division 3 &#x2014; Singapore International Commercial Court [40/2019]


document_id: scja-1969
provision_ref: s18A
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 18A
title: Singapore International Commercial Court
content:
18A. There shall be a division of the General Division known as the Singapore International Commercial Court. [42/2014; 40/2019]


document_id: scja-1969
provision_ref: s18B
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 18B
title: President of Singapore International Commercial Court
content:
18B. —(1) The Chief Justice may appoint a Supreme Court Judge, a Senior Judge or an International Judge to be the President of the Singapore International Commercial Court for such period as the Chief Justice may specify. [42/2014; 40/2019] (2) If no appointment is made under subsection (1), the Chief Justice is the President of the Singapore International Commercial Court. [42/2014]


document_id: scja-1969
provision_ref: s18C
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 18C
title: Act to apply with modifications
content:
18C. Subject to sections 18D to 18M and 80(2A), the provisions of this Act apply to proceedings in the Singapore International Commercial Court as they apply to proceedings in the General Division exercising its original civil jurisdiction. [42/2014; 40/2019]


document_id: scja-1969
provision_ref: s18D
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 18D
title: Jurisdiction of Singapore International Commercial Court
content:
18D. —(1) The Singapore International Commercial Court has jurisdiction to hear and try any action that satisfies all of the following conditions: ( a ) the action is international and commercial in nature; ( b ) the action is one that the General Division may hear and try in its original civil jurisdiction; ( c ) the action satisfies such other conditions as the Rules of Court may prescribe. [42/2014; 1/2018; 40/2019] (2) Without limiting subsection (1), the Singapore International Commercial Court (being a division of the General Division) has jurisdiction — ( a ) to hear any proceedings relating to international commercial arbitration that the General Division may hear and that satisfy such conditions as the Rules of Court may prescribe; [Act 25 of 2021 wef 01/10/2022] ( b ) to hear any application — (i) that seeks relief for the purposes of proceedings in the Singapore International Commercial Court; (ii) that is made before the commencement of such proceedings; and (iii) that satisfies such conditions as the Rules of Court may prescribe; and [Act 25 of 2021 wef 01/10/2022] ( c ) to hear any proceedings relating to corporate insolvency, restructuring or dissolution under the Insolvency, Restructuring and Dissolution Act 2018, or under the Companies Act 1967 * as in force immediately before 30 July 2020 — (i) that are international and commercial in nature; and (ii) that satisfy such conditions as the Rules of Court may prescribe. [*Updated to be consistent with the 2020 Revised Edition] [Act 25 of 2021 wef 01/04/2022] [Act 25 of 2021 wef 01/10/2022] (3) Where the Singapore International Commercial Court has and exercises jurisdiction under subsection (1) in respect of any action, such jurisdiction includes — ( a ) the jurisdiction to hear and try the action upon the joinder of any additional party, if the action continues to maintain an international and commercial character, even if the claim by or against the additional party is not international and commercial in nature; ( b ) the jurisdiction to hear and try a counterclaim brought in, and that remains part of, that action, if the action and counterclaim taken as a whole maintain an international and commercial character, even if the counterclaim is not international and commercial in nature; ( c ) the jurisdiction to hear and try any proceedings (called in this subsection and subsection (4) third party proceedings) brought by a defendant or respondent against any party (called in this subsection and subsection (4) a third party) who is not already a party to the action, if — (i) the requirements prescribed in the Rules of Court for the bringing of third party proceedings are satisfied; and (ii) the main action and the third party proceedings taken as a whole maintain an international and commercial character, even if the third party proceedings are not international and commercial in nature; and ( d ) the jurisdiction to hear and try any proceedings (called in this subsection and subsection (4) subsequent party proceedings) brought by a third party against any party (called in this subsection and subsection (4) a subsequent party) who is not already a party to the third party proceedings, if — (i) the requirements prescribed in the Rules of Court for the bringing of subsequent party proceedings are satisfied; and (ii) the main action, the third party proceedings and the subsequent party proceedings taken as a whole maintain an international and commercial character, even if the third party proceedings or the subsequent party proceedings are not international and commercial in nature. [Act 25 of 2021 wef 01/04/2022] (4) Subsection (3)( d ) applies, with the appropriate modifications, to any proceedings brought by a subsequent party against any party who is not already a party to the subsequent party proceedings, as if the subsequent party were a third party, and the subsequent party proceedings were third party proceedings. [Act 25 of 2021 wef 01/04/2022] 18E. [ Repealed by Act 1 of 2018 ]


document_id: scja-1969
provision_ref: s18F
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 18F
title: Effect of jurisdiction agreement
content:
18F. —(1) Subject to subsection (2), the parties to an agreement to submit to the jurisdiction of the Singapore International Commercial Court are considered to have agreed — ( a ) to submit to the exclusive jurisdiction of the Singapore International Commercial Court; ( b ) to carry out any judgment or order of the Singapore International Commercial Court without undue delay; and ( c ) to waive any recourse to any court or tribunal outside Singapore against any judgment or order of the Singapore International Commercial Court, and against the enforcement of the judgment or order, insofar as the recourse can be validly waived. [42/2014] (2) Subsection (1)( a ), ( b ) and ( c ) applies only if there is no express provision to the contrary in the agreement. [42/2014]


document_id: scja-1969
provision_ref: s18G
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 18G
title: Composition of Singapore International Commercial Court
content:
18G. Every proceeding in the Singapore International Commercial Court is to be heard and disposed of before a single Judge or 3 Judges. [42/2014]


document_id: scja-1969
provision_ref: s18H
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 18H
title: Provisions where Singapore International Commercial Court comprises 3 Judges
content:
18H. —(1) This section applies where a case in the Singapore International Commercial Court is heard before 3 Judges. [42/2014] (2) The Chief Justice is to appoint one of the Judges to preside. [42/2014] (3) The case is to be decided in accordance with the opinion of the majority of the Judges hearing the case. [42/2014] (4) Subject to subsection (5), a case is to be reheard if one or more of the Judges are unable to continue hearing the case for any reason. [42/2014] (5) Where one Judge is unable to continue hearing a case for any reason, the remaining 2 Judges may continue to hear and determine the case if the parties consent. [42/2014] (6) Where a case is heard by 2 Judges under subsection (5) — ( a ) if the 2 Judges have the same opinion, the case is to be determined according to their opinion; or ( b ) if the 2 Judges have different opinions on any claim, counterclaim or application, the claim, counterclaim or application (as the case may be) is to be dismissed. [42/2014]


document_id: scja-1969
provision_ref: s18I
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 18I
title: Powers of Singapore International Commercial Court, generally
content:
18I. —(1) The Singapore International Commercial Court may exercise such powers as the General Division may exercise in its original civil jurisdiction, except — ( a ) the power under paragraph 1 of the First Schedule; and ( b ) any power that must be exercised through the Family Division of the High Court. [42/2014; 40/2019] (2) The Singapore International Commercial Court is to exercise its powers in accordance with the Rules of Court, and any other written law, relating to that Court or those powers. [42/2014]


document_id: scja-1969
provision_ref: s18J
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 18J
title: Transfer of cases
content:
18J. —(1) The Singapore International Commercial Court may transfer a case commenced in that Court to the General Division in accordance with the Rules of Court. [42/2014; 40/2019] (2) The General Division may transfer a case commenced in the General Division to the Singapore International Commercial Court in accordance with the Rules of Court. [42/2014; 40/2019] (3) Where a case is transferred under subsection (1) or (2) — ( a ) the court to which the case is transferred may permit any matter that has been adduced to remain in evidence, even though different rules of evidence may apply in the court to which the case is transferred; and ( b ) the court transferring the case and the court to which the case is transferred may make any consequential order in accordance with the Rules of Court. [42/2014] (4) In this section, “General Division” does not include the Singapore International Commercial Court. [40/2019]


document_id: scja-1969
provision_ref: s18K
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 18K
title: Rules of evidence in certain cases
content:
18K. —(1) The Singapore International Commercial Court — ( a ) is not bound to apply any rule of evidence under Singapore law in such cases and to such extent as the Rules of Court may provide; and ( b ) may, in those cases, apply other rules of evidence (whether such rules are found under any foreign law or otherwise) in accordance with the Rules of Court. [42/2014] (2) In subsection (1), “rule of evidence” includes any rule of law relating to privilege, or to the taking of evidence. [42/2014]


document_id: scja-1969
provision_ref: s18L
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 18L
title: Determination of foreign law on submissions
content:
18L. —(1) The Singapore International Commercial Court may, in such cases as the Rules of Court may prescribe, order that any question of foreign law be determined on the basis of submissions instead of proof. [42/2014] (2) In determining any question of foreign law on the basis of submissions, the Singapore International Commercial Court may have regard to such matters as the Rules of Court may prescribe. [42/2014]


document_id: scja-1969
provision_ref: s18M
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 18M
title: Representation by foreign lawyers and law experts
content:
18M. A party to a case in the Singapore International Commercial Court, or to an appeal from that Court, may in accordance with the Rules of Court be represented by a foreign lawyer or law expert who is registered in accordance with Part 4B of the Legal Profession Act 1966. [42/2014; 22/2018] Division 4 &#x2014; Appellate jurisdiction [40/2019]


document_id: scja-1969
provision_ref: s19
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 19
title: Appellate criminal jurisdiction
content:
19. The appellate criminal jurisdiction of the General Division consists of — ( a ) the hearing of appeals from District Courts or Magistrates’ Courts before one or more Judges according to the provisions of the law for the time being in force relating to criminal procedure; ( b ) the hearing of points of law reserved by special cases submitted by a District Court or Magistrate’s Court before one or more Judges according to the provisions of the law for the time being in force relating to criminal procedure; ( ba ) the hearing of reviews of the orders of District Courts or Magistrates’ Courts in extradition proceedings; [Act 17 of 2022 wef 01/07/2022] ( c ) the hearing of appeals from Family Courts when exercising criminal jurisdiction; and ( d ) the hearing of appeals from Youth Courts. [27/2014; 40/2019]


document_id: scja-1969
provision_ref: s20
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 20
title: Appellate civil jurisdiction
content:
20. The appellate civil jurisdiction of the General Division consists of — ( a ) the hearing of appeals from Family Courts when exercising jurisdiction of a quasi-criminal or civil nature; ( b ) the hearing of appeals from District Courts and Magistrates’ Courts when exercising jurisdiction of a quasi-criminal or civil nature; and ( c ) the hearing of appeals from other tribunals as may from time to time be prescribed by any written law. [30/2010; 27/2014; 40/2019]


document_id: scja-1969
provision_ref: s21
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 21
title: Appeals from District and Magistrates’ Courts
content:
21. —(1) Subject to the provisions of this Act and any other written law, an appeal lies to the General Division from a decision of a District Court or Magistrate’s Court only with the permission of that District Court or Magistrate’s Court or the General Division in the following cases: ( a ) any case where the amount in dispute, or the value of the subject matter, at the hearing before that District Court or Magistrate’s Court (excluding interest and costs) does not exceed $60,000 or such other amount as may be specified by an order made under subsection (3); ( b ) any case specified in the Third Schedule. [40/2019] [Act 25 of 2021 wef 01/04/2022] (2) [ Deleted by Act 25 of 2021 wef 01/04/2022 ] (2A) An order of the General Division giving or refusing permission under subsection (1) is final. [30/2010; 40/2019] [Act 25 of 2021 wef 01/04/2022] (2B) [ Deleted by Act 40 of 2019 ] (3) The President may, after consulting the Chief Justice, by order in the Gazette , vary the amount mentioned in subsection (1).


document_id: scja-1969
provision_ref: s22
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 22
title: Powers of rehearing
content:
22. —(1) All appeals to the General Division in the exercise of its appellate civil jurisdiction are to be by way of rehearing. [40/2019] (2) In hearing and deciding an appeal, the General Division has all the powers and duties, as to amendment or otherwise, of the court from which the appeal was brought. [Act 25 of 2021 wef 01/04/2022] (3) Subject to the provisions of this Act and any other written law, the General Division may receive further evidence — ( a ) by oral examination in court; ( b ) by affidavit; ( c ) by deposition taken before an examiner or a commissioner; or ( d ) in any other manner as the court may allow. [Act 25 of 2021 wef 01/04/2022] (4) Except as provided in subsection (5), such further evidence may be given to the General Division only with the permission of the General Division and on special grounds. [Act 25 of 2021 wef 01/04/2022] (5) Such further evidence may be given to the General Division without permission if the evidence relates to matters occurring after the date of the decision appealed against. [Act 25 of 2021 wef 01/04/2022] (6) The General Division may draw any inference of fact, give any judgment and make any order. [Act 25 of 2021 wef 01/04/2022] (7) The powers in this section — ( a ) may be exercised in relation to any part of the decision appealed against, including any part of the decision appealed against to which the appeal does not relate; and ( b ) may be exercised in favour of any party to the decision appealed against, including any party to the decision appealed against who has not appealed against the decision. [Act 25 of 2021 wef 01/04/2022]


document_id: scja-1969
provision_ref: s22A
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 22A
title: Oral hearing not needed for appellate matters generally
content:
22A. —(1) Subject to subsection (2), the General Division may decide any matter in its appellate civil jurisdiction without hearing oral arguments, other than a matter prescribed by the Rules of Court or the Family Justice Rules. (2) Subsection (1) does not allow any part of a proceeding where oral evidence is given to be conducted without an oral hearing, unless all the parties consent. (3) Subject to subsection (4), the General Division may, in any matter that the General Division may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties using such means of communication as directed by the General Division. (4) The General Division must not hear a matter in an asynchronous manner if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to all parties. (5) To avoid doubt, this section does not affect the power of the General Division to hear oral arguments before deciding any matter that may be decided without hearing oral arguments. [Act 25 of 2021 wef 01/04/2022]


document_id: scja-1969
provision_ref: s22B
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 22B
title: Summary dismissal of certain appeals
content:
22B. —(1) The General Division may, on its own motion, summarily dismiss any appeal to the General Division in the exercise of its appellate civil jurisdiction, if it is satisfied of any of the following: ( a ) it does not have the jurisdiction to hear and determine the appeal; ( b ) every issue in the appeal has already been decided by the General Division, the Appellate Division or the Court of Appeal in an earlier matter in which the appellant was involved, and the appeal therefore has no merit; ( c ) such conditions as may be prescribed by the Rules of Court or the Family Justice Rules are met. (2) Before summarily dismissing any appeal under subsection (1), the General Division must — ( a ) give the appellant a reasonable opportunity to show cause why the appeal should not be summarily dismissed; and ( b ) consider any representations made by the appellant. (3) In this section, “appeal” includes part of an appeal. [Act 25 of 2021 wef 01/04/2022] Division 5 &#x2014; Supervisory and revisionary jurisdiction [40/2019]


document_id: scja-1969
provision_ref: s23
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 23
title: Revision of criminal proceedings of subordinate courts
content:
23. The General Division may exercise powers of revision in respect of criminal proceedings and matters in subordinate courts in accordance with the provisions of any written law for the time being in force relating to criminal procedure. [30/2010; 40/2019]


document_id: scja-1969
provision_ref: s24
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 24
title: Power of General Division to call for records of civil proceedings in subordinate courts
content:
24. The General Division may call for and examine the record of any civil proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any decision recorded or passed, and as to the regularity of any proceedings of any such subordinate court. [40/2019]


document_id: scja-1969
provision_ref: s25
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 25
title: Powers of General Division on revision of civil proceedings
content:
25. In the case of any civil proceedings in a subordinate court the record of which has been called for, or which otherwise comes to its knowledge, the General Division may give such orders thereon, either by directing a new trial or otherwise, as seem necessary to secure that substantial justice is done. [40/2019]


document_id: scja-1969
provision_ref: s26
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 26
title: No revision at instance of party who could have appealed
content:
26. Where an appeal lies from any decision in any civil matter, and no appeal is brought, no proceeding by way of revision is to be entertained at the instance of a party who could have appealed.


document_id: scja-1969
provision_ref: s27
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 27
title: General supervisory and revisionary jurisdiction of General Division
content:
27. —(1) In addition to the powers conferred on the General Division by this Act or any other written law, the General Division has general supervisory and revisionary jurisdiction over all subordinate courts. [40/2019] (2) The General Division may in particular, but without limiting subsection (1), if it appears desirable in the interests of justice, either of its own motion or at the instance of any party or person interested, at any stage in any matter or proceeding, whether civil or criminal, in any subordinate court, call for the record thereof, and may remove the matter or proceeding into the General Division or may give to the subordinate court such directions as to the further conduct of the matter or proceeding as justice may require. [40/2019] (3) Upon the General Division calling for any record under subsection (2), all proceedings in the subordinate court in the matter or proceeding in question are to be stayed pending further order of the General Division. [40/2019] (4) The General Division, when exercising (or deciding whether to exercise) its supervisory and revisionary jurisdiction under subsection (1) or powers under subsection (2) in relation to any matter which concerns a case where the General Division has heard and determined an appeal from a subordinate court, is to have regard to whether that matter was, or could reasonably have been, raised in that appeal. [30/2010; 40/2019]


document_id: scja-1969
provision_ref: s28
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 28
title: Discretion of General Division as to hearing parties
content:
28. —(1) Subject to the provisions of any written law for the time being in force, no party has any right to be heard before the General Division when exercising its powers of supervision and revision. [40/2019] (2) No final order may be made to the prejudice of any person unless that person has had an opportunity of being so heard. Division 6 &#x2014; Allocation of proceedings [40/2019]


document_id: scja-1969
provision_ref: s28A
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 28A
title: Allocation of proceedings to District Court or Family Court
content:
28A. —(1) The Chief Justice may, where he or she considers it necessary or expedient to improve efficiency in the administration of justice and to provide for more speedy disposal of proceedings commenced in the General Division, by order direct such class or classes or description of proceedings as may be specified in the order to be heard and determined by the District Court or Family Court. [27/2014; 40/2019] (2) Despite any other written law, any order under subsection (1) — ( a ) may confer jurisdiction on a District Court to hear and determine — (i) any proceedings specified in the order which, but for the order, the District Court would not have jurisdiction to hear and determine by reason only of the fact that the amount involved exceeds the monetary limit of its jurisdiction; or (ii) any proceedings relating to any of the matters referred to in section 17(1)( b ) or ( c ); ( aa ) may confer jurisdiction on a Family Court to hear and determine any proceedings specified in the order which, but for the order, the Family Court would not have jurisdiction to hear and determine; ( b ) may make such provision governing appeals relating to proceedings transferred to the District Court or Family Court (including provisions restricting the right of appeal) as the Chief Justice thinks fit; and ( c ) may make such incidental provision for the transfer of the proceedings to the District Court or Family Court (including matters relating to procedure and costs) as the Chief Justice thinks fit. [27/2014; 1/2017] 28B. [ Repealed by Act 40 of 2019 ] Division 7 &#x2014; Matters that are non-appealable or
appealable only with permission [Act 25 of 2021 wef 01/04/2022]


document_id: scja-1969
provision_ref: s29
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 29
title: No appeal in certain cases
content:
29. In the following cases, an appeal cannot be brought against a decision of the General Division made in the exercise of its original or appellate civil jurisdiction: ( a ) a case where it is expressly provided by any written law that the decision of the General Division is final or that an appeal cannot be brought against the decision of the General Division; ( b ) a case specified in the Fourth Schedule, subject to any exception specified in that Schedule. [40/2019]


document_id: scja-1969
provision_ref: s29A
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 29A
title: Permission required to appeal in certain cases
content:
29A. —(1) In the following cases, permission is required before an appeal may be brought against a decision of the General Division made in the exercise of its original or appellate civil jurisdiction: ( a ) a case where it is expressly provided by any written law that an appeal may be brought only with permission, or that no appeal may be brought except with permission; [Act 25 of 2021 wef 01/04/2022] ( b ) subject to any exception specified in the Fifth Schedule, where the amount in dispute, or the value of the subject matter, at the hearing before the General Division (excluding interest and costs) does not exceed $250,000 or such other sum as may be specified by an order made under subsection (3); ( c ) subject to any exception specified in the Fifth Schedule, a case specified in paragraphs 3, 4(1) and 5(1) of that Schedule. [40/2019] [Act 25 of 2021 wef 01/04/2022] (2) For the purposes of subsection (1), permission must be obtained — ( a ) in a case where any written law specifies the court from which permission must be obtained, or the court which may grant permission — from the specified court; and [Act 25 of 2021 wef 01/04/2022] ( b ) in any other case — from the court specified in the Fifth Schedule. [40/2019] [Act 25 of 2021 wef 01/04/2022] (3) The President may, after consulting with the Chief Justice, by order in the Gazette , specify another sum in substitution of the sum mentioned in subsection (1)( b ). [40/2019] [Act 25 of 2021 wef 01/04/2022] Division 8 &#x2014; Further arguments


document_id: scja-1969
provision_ref: s29B
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 29B
title: Further arguments before notice of appeal is filed
content:
29B. —(1) This section applies to a decision made by a Judge in the exercise of the original or appellate civil jurisdiction of the General Division, after any hearing other than a trial of an action. [40/2019] (2) Before any notice of appeal is filed against a decision to which this section applies, the Judge who made the decision may hear further arguments in respect of the decision if any party to the hearing, or the Judge, requests for further arguments before the earlier of the following: ( a ) the time at which the judgment or order relating to the decision is extracted; [Act 25 of 2021 wef 01/04/2022] ( b ) the 15th day after the date on which the decision is made. [40/2019] (3) After hearing further arguments, the Judge may affirm, vary or set aside the decision. [40/2019] (4) If a request for further arguments has been made under subsection (2) — ( a ) a notice of appeal may not be filed against the decision until the Judge — (i) affirms, varies or sets aside the decision after hearing further arguments; or (ii) certifies, or is deemed to have certified, that no further arguments are required; and ( b ) the time for filing a notice of appeal in respect of the decision begins on the date the Judge — (i) affirms, varies or sets aside the decision after hearing further arguments; or (ii) certifies, or is deemed to have certified, that no further arguments are required. [40/2019] (5) To avoid doubt, a party to the hearing may, but is not required to, request for further arguments before the party files a notice of appeal in respect of the decision. [40/2019] Division 9 &#x2014; Allocation of appeals


document_id: scja-1969
provision_ref: s29C
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 29C
title: Court to which appeal is to be made
content:
29C. —(1) Subject to subsection (2), an appeal against a decision of the General Division in the exercise of its original or appellate civil jurisdiction, whether under this Act or any other written law, is to be made to the Appellate Division. [40/2019] (2) An appeal against a decision of the General Division is to be made to the Court of Appeal if the Sixth Schedule or any other written law so provides. [40/2019] (3) To avoid doubt, this section does not create any right of appeal against a decision of the General Division. [40/2019]


document_id: scja-1969
provision_ref: s29D
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 29D
title: Power to transfer appeal to Court of Appeal
content:
29D. —(1) The Court of Appeal may transfer the following appeals to itself: ( a ) any appeal against any decision of the General Division that has been made to the Appellate Division; ( b ) where an order under section 39A of the Land Acquisition Act 1966 is in force, any appeal made to the Appellate Division under section 29(2) or 38(2) of the Land Acquisition Act 1966. [40/2019] (2) The power in subsection (1) may be exercised by the Court of Appeal — ( a ) on its own motion; ( b ) on a reference by the Appellate Division; or ( c ) on an application to the Court of Appeal by any party to the appeal, but such an application may only be made — (i) on the ground that the appeal was not made to the Appellate Division in accordance with section 29C; or (ii) on grounds prescribed by the Rules of Court. [40/2019] (3) In deciding whether to exercise the power in subsection (1), the Court of Appeal is to have regard to matters prescribed by the Rules of Court. [40/2019] (4) To avoid doubt, Rules of Court made for the purpose of subsection (3) may prescribe different matters for the different circumstances mentioned in subsection (2)( a ), ( b ) and ( c ). [40/2019] (5) To avoid doubt, an appeal may be transferred under subsection (1) even if it was made to the Appellate Division in accordance with section 29C(1). [40/2019]


document_id: scja-1969
provision_ref: s29E
chapter: PART 3 - GENERAL DIVISION OF HIGH COURT
section: 29E
title: Power to transfer appeal to Appellate Division
content:
29E. —(1) The Court of Appeal may transfer the following appeals to the Appellate Division: ( a ) any appeal against any decision made by the General Division in any civil cause or matter in the exercise of the original or appellate civil jurisdiction of the General Division that has been made to the Court of Appeal; ( b ) any appeal made to the Court of Appeal under section 29(2) or 38(2) of the Land Acquisition Act 1966. [40/2019] (2) The power in subsection (1) may be exercised by the Court of Appeal — ( a ) on its own motion; or ( b ) on an application by any party to the appeal, but such an application may only be made on the ground that the appeal was not made to the Court of Appeal in accordance with section 29C. [40/2019] (3) In deciding whether to exercise the power in subsection (1), the Court of Appeal is to have regard to matters prescribed by the Rules of Court. [40/2019] (4) To avoid doubt, Rules of Court made for the purpose of subsection (3) may prescribe different matters for the different circumstances mentioned in subsection (2)( a ) and ( b ). [40/2019] (5) To avoid doubt, an appeal may be transferred under subsection (1) even if it was made to the Court of Appeal in accordance with section 29C(2). [40/2019]


document_id: scja-1969
provision_ref: s30
chapter: PART 4 - APPELLATE DIVISION OF HIGH COURT
section: 30
title: President
content:
30. —(1) The Chief Justice may appoint a Judge of the Appellate Division to be the President of the Appellate Division. [40/2019] (2) If no appointment is made under subsection (1), the Chief Justice is the President of the Appellate Division. [40/2019] (3) In a sitting of the Appellate Division — ( a ) the most senior Supreme Court Judge, as determined by section 4, is to preside; and ( b ) if there is no Supreme Court Judge, the Chief Justice is to appoint a person to preside. [40/2019]


document_id: scja-1969
provision_ref: s31
chapter: PART 4 - APPELLATE DIVISION OF HIGH COURT
section: 31
title: Jurisdiction — general
content:
31. —(1) The Appellate Division has the civil jurisdiction mentioned in section 35. [40/2019] (2) The Appellate Division has no criminal jurisdiction. [40/2019] (3) The Appellate Division has, in an appeal and for any purpose relating to an appeal, all the jurisdiction and powers of the court or tribunal from which the appeal was brought. [40/2019] (4) The Appellate Division may decide any question that needs to be decided to do justice in any case before it. [40/2019]


document_id: scja-1969
provision_ref: s32
chapter: PART 4 - APPELLATE DIVISION OF HIGH COURT
section: 32
title: Composition — general
content:
32. —(1) Subject to this Act, the jurisdiction of the Appellate Division is to be exercised by 3 or any greater uneven number of Judges. [40/2019] (2) A Judge must not sit in the Appellate Division to hear or decide any appeal from a decision made by the Judge, or any matter related to such an appeal. [40/2019] (3) Section 10A applies in relation to proceedings before the Appellate Division as it applies in relation to proceedings before the General Division. [40/2019]


document_id: scja-1969
provision_ref: s33
chapter: PART 4 - APPELLATE DIVISION OF HIGH COURT
section: 33
title: Decisions how made
content:
33. —(1) A decision of the Appellate Division is to be made in accordance with the opinion of the majority of the Judges hearing the case. [40/2019] (2) An appeal or application to the Appellate Division is to be dismissed if the Judges hearing the appeal or application are evenly divided. [40/2019]


document_id: scja-1969
provision_ref: s34
chapter: PART 4 - APPELLATE DIVISION OF HIGH COURT
section: 34
title: Sittings
content:
34. —(1) The Appellate Division — ( a ) is to sit on such dates and at such places as the Chief Justice may from time to time appoint; and ( b ) may sit on a Saturday, Sunday or public holiday, or during a vacation, if the Chief Justice so appoints. [40/2019] (2) The Chief Justice may cancel or postpone a sitting appointed under subsection (1). [40/2019] Division 2 &#x2014; Civil jurisdiction


document_id: scja-1969
provision_ref: s35
chapter: PART 4 - APPELLATE DIVISION OF HIGH COURT
section: 35
title: Civil jurisdiction
content:
35. —(1) This Division applies to the Appellate Division in the exercise of its civil jurisdiction. [40/2019] (2) The civil jurisdiction of the Appellate Division consists of the following matters, subject to the provisions of this Act or any written law regulating the terms and conditions upon which those matters may be brought: ( a ) any appeal against any decision made by the General Division in any civil cause or matter in the exercise of its original or appellate civil jurisdiction; ( b ) any appeal or other process that any written law provides is to lie, or that is transferred in accordance with any written law, to the Appellate Division. [40/2019]


document_id: scja-1969
provision_ref: s36
chapter: PART 4 - APPELLATE DIVISION OF HIGH COURT
section: 36
title: Composition — further provisions
content:
36. —(1) Despite section 32(1), a case before the Appellate Division may, if the Seventh Schedule so provides, be heard and decided by — ( a ) either a single Judge or 2 Judges; or ( b ) 2 Judges. [40/2019] (2) A Judge must not sit in the Appellate Division to hear or decide any application to discharge or vary a direction or an order made by the Judge under section 40(1). [40/2019] (3) Where the Appellate Division is constituted by 3 or more Judges to hear and decide a case and one or more of those Judges are unable for any reason to continue exercising his or her functions as a Judge of the Appellate Division so constituted — ( a ) the Appellate Division must continue to hear and decide the case if every party to the case consents and there are at least 2 Judges remaining; and ( b ) the case must be reheard if it cannot continue under paragraph ( a ). [40/2019]


document_id: scja-1969
provision_ref: s37
chapter: PART 4 - APPELLATE DIVISION OF HIGH COURT
section: 37
title: Oral hearing not needed for appellate matters generally
content:
37. —(1) Subject to subsection (2), the Appellate Division may decide any matter without hearing oral arguments, other than a matter prescribed by the Rules of Court. (2) Subsection (1) does not allow any part of a proceeding where oral evidence is given to be conducted without an oral hearing, unless all the parties consent. (3) Subject to subsection (4), the Appellate Division may, in any matter that the court may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties using such means of communication as directed by the court. (4) The Appellate Division must not hear a matter in an asynchronous manner if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to all parties. (5) To avoid doubt, this section does not affect the power of the Appellate Division to hear oral arguments before deciding any matter that may be decided without hearing oral arguments. [Act 25 of 2021 wef 01/04/2022]


document_id: scja-1969
provision_ref: s38
chapter: PART 4 - APPELLATE DIVISION OF HIGH COURT
section: 38
title: Summary dismissal of certain matters
content:
38. —(1) The Appellate Division may summarily dismiss any appeal or application on its own motion if the Appellate Division is satisfied of any of the following: ( a ) the Appellate Division does not have the jurisdiction to hear and determine the appeal or application; ( b ) the Appellate Division or the Court of Appeal has already decided every issue in the appeal or application in an earlier matter in which the appellant or applicant was involved, and the appeal or application therefore has no merit; ( c ) such conditions as may be prescribed by the Rules of Court are met. [40/2019] (2) Before summarily dismissing any appeal or application under subsection (1), the Appellate Division must — ( a ) give the appellant or applicant a reasonable opportunity to show cause why the appeal or application should not be summarily dismissed; and ( b ) consider any representations made by the appellant or applicant. [40/2019] (3) The Appellate Division may exercise its powers under this section without hearing oral arguments. [40/2019] (4) In this section, “appeal” includes part of an appeal and “application” includes part of an application. [40/2019]


document_id: scja-1969
provision_ref: s39
chapter: PART 4 - APPELLATE DIVISION OF HIGH COURT
section: 39
title: Applications
content:
39. Where an application may be made either to the General Division or to the Appellate Division, it must first be made to the General Division. [40/2019]


document_id: scja-1969
provision_ref: s40
chapter: PART 4 - APPELLATE DIVISION OF HIGH COURT
section: 40
title: Incidental directions and interim orders
content:
40. —(1) The Appellate Division may make one or more of the following directions and orders in any appeal or application pending before it (called in this section the pending matter): ( a ) any direction or order incidental to the pending matter not involving the decision of the pending matter; ( b ) any interim order to prevent prejudice to the claims of the parties pending the determination of the pending matter; ( c ) any order for security for costs, and for the dismissal of the pending matter for default in furnishing security so ordered. [40/2019] (2) A direction or an order under subsection (1) may be made by the Appellate Division on its own motion or on the application of a party. [40/2019] (3) A direction or an order under subsection (1) may be made by 2 Judges. [40/2019] (4) A direction or an order under subsection (1) may also be made by a single Judge, in which case the following provisions apply: ( a ) the direction or order may be varied or discharged by 2 other Judges; but ( b ) an application to vary or discharge the direction or order may only be made with the permission of the single Judge or any other Judge, and a decision by any Judge to give or refuse permission is final. [40/2019] [Act 25 of 2021 wef 01/04/2022] (5) Subsections (3) and (4) apply despite section 32(1). [40/2019]


document_id: scja-1969
provision_ref: s41
chapter: PART 4 - APPELLATE DIVISION OF HIGH COURT
section: 41
title: Hearing of appeals
content:
41. —(1) Appeals to the Appellate Division are to be by way of rehearing. [40/2019] (2) In hearing and deciding an appeal, the Appellate Division has all the powers and duties, as to amendment or otherwise, of the court or tribunal from which the appeal was brought. [40/2019] (3) The Appellate Division may receive further evidence — ( a ) by oral examination in court; ( b ) by affidavit; ( c ) by deposition taken before an examiner or a commissioner; or ( d ) in any other manner that the Appellate Division allows. [Act 25 of 2021 wef 01/04/2022] (4) Except as provided in subsection (5), such further evidence may be given to the Appellate Division only with the permission of the Appellate Division and on special grounds. [40/2019] [Act 25 of 2021 wef 01/04/2022] (5) Such further evidence may be given to the Appellate Division without permission if the evidence relates to matters occurring after the date of the decision appealed against. [40/2019] [Act 25 of 2021 wef 01/04/2022] (6) The Appellate Division may draw any inference of fact, give any judgment and make any order. [40/2019] (7) The powers in this section — ( a ) may be exercised in relation to any part of the decision appealed against, including any part of the decision appealed against to which the appeal does not relate; and ( b ) may be exercised in favour of any party to the decision appealed against, including any party to the decision appealed against who has not appealed against the decision. [40/2019] (8) Where an application for permission to adduce further evidence in an appeal before the Appellate Division is heard and decided by a single Judge or 2 Judges, any party may request the full panel of the Appellate Division hearing the appeal to rehear arguments in respect of the application for permission to adduce further evidence. [Act 25 of 2021 wef 01/04/2022] (9) No request may be made under subsection (8) in respect of an application for permission to adduce further evidence in an appeal where the Appellate Division that first decided the application is constituted — ( a ) by 2 Judges, where the Appellate Division hearing the appeal is constituted by 2 Judges; or ( b ) by 3 or more Judges. [Act 25 of 2021 wef 01/04/2022] (10) A request under subsection (8) must be made before the earlier of the following: ( a ) the time at which the judgment or order relating to the decision on the application for permission to adduce further evidence is extracted; ( b ) the expiration of 7 days after the date on which the decision on the application for permission to adduce further evidence is made. [Act 25 of 2021 wef 01/04/2022] (11) After rehearing arguments on a request mentioned in subsection (8), the Appellate Division may affirm, vary or set aside the decision on the application for permission to adduce further evidence. [Act 25 of 2021 wef 01/04/2022]


document_id: scja-1969
provision_ref: s42
chapter: PART 4 - APPELLATE DIVISION OF HIGH COURT
section: 42
title: Costs of appeal
content:
42. The Appellate Division may make any order as to the costs of an appeal or of the proceedings relating to the decision appealed against. [40/2019]


document_id: scja-1969
provision_ref: s43
chapter: PART 4 - APPELLATE DIVISION OF HIGH COURT
section: 43
title: New trial
content:
43. —(1) Subject to this Act, the Appellate Division may order a new trial of any matter that has been tried by the General Division in the exercise of the original or appellate civil jurisdiction of the General Division. [40/2019] (2) A new trial must not be ordered on the ground of an improper admission or rejection of evidence, unless the improper admission or rejection has caused a substantial wrong or a miscarriage of justice. [40/2019] (3) If the substantial wrong or miscarriage of justice mentioned in subsection (2) affects only part of a case, or only one or some of the parties to the case, the Appellate Division may — ( a ) give final judgment in respect of the unaffected part of the case or the unaffected parties to the case; and ( b ) direct a new trial in respect of the affected part of the case or the affected parties to the case. [40/2019] (4) A new trial may be ordered on any question without interfering with the finding or decision of the General Division on any other question. [40/2019]


document_id: scja-1969
provision_ref: s44
chapter: PART 4 - APPELLATE DIVISION OF HIGH COURT
section: 44
title: Immaterial errors
content:
44. The Appellate Division may not reverse or substantially vary a decision of the General Division, or order a new trial, on account of any error, defect or irregularity that does not affect the merits of the decision or the jurisdiction of the General Division. [40/2019]


document_id: scja-1969
provision_ref: s45
chapter: PART 4 - APPELLATE DIVISION OF HIGH COURT
section: 45
title: Appeal not to operate as stay of execution or enforcement
content:
45. —(1) An appeal to the Appellate Division does not operate as a stay of execution or enforcement or of proceedings under the decision appealed against, unless the General Division or the Appellate Division so orders. [40/2019] [Act 25 of 2021 wef 01/04/2022] (2) No intermediate act or proceeding is to be invalidated except so far as the Appellate Division directs. [40/2019] [Act 25 of 2021 wef 01/04/2022] Division 3 &#x2014; Matters that are non-appealable or
appealable only with permission [Act 25 of 2021 wef 01/04/2022]


document_id: scja-1969
provision_ref: s46
chapter: PART 4 - APPELLATE DIVISION OF HIGH COURT
section: 46
title: No appeal in certain cases
content:
46. An appeal cannot be brought against a decision of the Appellate Division in the cases specified in the Ninth Schedule. [40/2019]


document_id: scja-1969
provision_ref: s47
chapter: PART 4 - APPELLATE DIVISION OF HIGH COURT
section: 47
title: Permission required to appeal
content:
47. —(1) An appeal against a decision of the Appellate Division made in the exercise of its appellate civil jurisdiction may only be brought with the permission of the Court of Appeal. [40/2019] [Act 25 of 2021 wef 01/04/2022] (2) The Court of Appeal may grant permission under subsection (1) only if the appeal will raise a point of law of public importance. [40/2019] [Act 25 of 2021 wef 01/04/2022] (3) In deciding whether to grant permission under subsection (1) or in determining, for the purposes of subsection (2), whether an appeal will raise a point of law of public importance, the Court of Appeal is to have regard to matters prescribed by the Rules of Court. [40/2019] [Act 25 of 2021 wef 01/04/2022] (4) To avoid doubt — ( a ) the Court of Appeal is not required to grant permission under subsection (1) even if the appeal will raise a point of law of public importance; and [Act 25 of 2021 wef 01/04/2022] ( b ) permission may be granted under subsection (1) even if the decision of the Appellate Division sought to be appealed against — (i) was made in an appeal transferred by the Court of Appeal to the Appellate Division under section 29E(1); or (ii) was made in an appeal to the Appellate Division that the Court of Appeal declined to transfer to itself under section 29D(1). [40/2019] [Act 25 of 2021 wef 01/04/2022]


document_id: scja-1969
provision_ref: s48
chapter: PART 5 - COURT OF APPEAL
section: 48
title: President and Vice-Presidents
content:
48. —(1) The Chief Justice is the President of the Court of Appeal and may appoint one or more Vice‑Presidents of the Court of Appeal from among the Justices of the Court of Appeal. [40/2019] (2) In a sitting of the Court of Appeal — ( a ) the most senior Supreme Court Judge, as determined by section 4, is to preside; and ( b ) if there is no Supreme Court Judge, the Chief Justice is to appoint a person to preside. [40/2019]


document_id: scja-1969
provision_ref: s49
chapter: PART 5 - COURT OF APPEAL
section: 49
title: Jurisdiction — general
content:
49. —(1) The Court of Appeal has the civil jurisdiction mentioned in section 53, the criminal jurisdiction mentioned in section 60D and the jurisdiction to deal with any application or action that is to be dealt with by the Court of Appeal as is provided in Division 4 of this Part. [Act 41 of 2022 wef 28/06/2024] (2) The Court of Appeal has, in an appeal and for any purpose related to an appeal, all the jurisdiction and powers of the court or tribunal from which the appeal was brought. [40/2019] (3) The Court of Appeal may decide any question that needs to be decided to do justice in any case before it. [40/2019]


document_id: scja-1969
provision_ref: s50
chapter: PART 5 - COURT OF APPEAL
section: 50
title: Composition — general
content:
50. —(1) Subject to this Act, the jurisdiction of the Court of Appeal is to be exercised by 3 or any greater uneven number of Judges. [40/2019] (2) A Judge must not sit in the Court of Appeal to hear or decide any appeal from a decision made by the Judge, or any matter related to such an appeal. [40/2019] (3) Section 10A applies in relation to proceedings before the Court of Appeal as it applies in relation to proceedings before the General Division. [40/2019]


document_id: scja-1969
provision_ref: s51
chapter: PART 5 - COURT OF APPEAL
section: 51
title: Decisions how made
content:
51. —(1) A decision of the Court of Appeal is to be made in accordance with the opinion of the majority of the Judges hearing the case. [40/2019] (2) An appeal or application to the Court of Appeal is to be dismissed if the Judges hearing the appeal or application are evenly divided. [40/2019]


document_id: scja-1969
provision_ref: s52
chapter: PART 5 - COURT OF APPEAL
section: 52
title: Sittings
content:
52. —(1) The Court of Appeal — ( a ) is to sit on such dates and at such places as the Chief Justice may from time to time appoint; and ( b ) may sit on a Saturday, Sunday or public holiday, or during a vacation, if the Chief Justice so appoints. [40/2019] (2) The Chief Justice may cancel or postpone a sitting appointed under subsection (1). [40/2019] Division 2 &#x2014; Civil jurisdiction


document_id: scja-1969
provision_ref: s53
chapter: PART 5 - COURT OF APPEAL
section: 53
title: Civil jurisdiction
content:
53. —(1) This Division applies to the Court of Appeal in the exercise of its civil jurisdiction. [40/2019] (2) The civil jurisdiction of the Court of Appeal consists of the following matters, subject to the provisions of this Act or any other written law regulating the terms and conditions upon which those matters may be brought: ( a ) any appeal against any decision made by the General Division in any civil cause or matter in the exercise of its original or appellate civil jurisdiction; ( b ) any appeal from the Appellate Division; ( c ) any appeal or other process that any written law provides is to lie, or that is transferred in accordance with any written law, to the Court of Appeal; ( d ) any application (whether made to the General Division, the Appellate Division or the Court of Appeal) to which either or both of the following apply: (i) a common question of law or fact arises in both the application and a matter falling within the criminal jurisdiction of the Court of Appeal; (ii) any relief claimed in the application — (A) may affect any matter falling within the criminal jurisdiction of the Court of Appeal; or (B) may affect the outcome of any matter falling within the criminal jurisdiction of the Court of Appeal. [40/2019]


document_id: scja-1969
provision_ref: s54
chapter: PART 5 - COURT OF APPEAL
section: 54
title: Composition — further provisions
content:
54. —(1) Despite section 50(1), a case before the Court of Appeal may, if the Seventh Schedule so provides, be heard and decided by — ( a ) either a single Judge or 2 Judges; or ( b ) 2 Judges. [40/2019] (2) A Judge must not sit in the Court of Appeal to hear or decide any application to discharge or vary a direction or an order made by the Judge under section 58(1). [40/2019] (3) Where the Court of Appeal is constituted by 3 or more Judges to hear and decide a case and one or more of those Judges are unable for any reason to continue exercising his or her functions as a Judge of the Court of Appeal so constituted — ( a ) the Court of Appeal must continue to hear and decide the case if every party to the case consents and there are at least 2 Judges remaining; and ( b ) the case must be reheard if it cannot continue under paragraph ( a ). [40/2019]


document_id: scja-1969
provision_ref: s55
chapter: PART 5 - COURT OF APPEAL
section: 55
title: Oral hearing not needed for appellate matters generally
content:
55. —(1) Subject to subsection (2), the Court of Appeal may decide any matter without hearing oral arguments, other than a matter prescribed by the Rules of Court. (2) Subsection (1) does not allow any part of a proceeding where oral evidence is given to be conducted without an oral hearing, unless all the parties consent. (3) Subject to subsection (4), the Court of Appeal may, in any matter that the court may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties using such means of communication as directed by the court. (4) The Court of Appeal must not hear a matter in an asynchronous manner if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to all parties. (5) To avoid doubt, this section does not affect the power of the Court of Appeal to hear oral arguments before deciding any matter that may be decided without hearing oral arguments. [Act 25 of 2021 wef 01/04/2022]


document_id: scja-1969
provision_ref: s56
chapter: PART 5 - COURT OF APPEAL
section: 56
title: Summary dismissal of certain matters
content:
56. —(1) The Court of Appeal may summarily dismiss any appeal or application on its own motion if the Court of Appeal is satisfied of any of the following: ( a ) the Court of Appeal does not have the jurisdiction to hear and determine the appeal or application; ( b ) the Court of Appeal has already decided every issue in the appeal or application in an earlier matter in which the appellant or applicant was involved, and the appeal or application therefore has no merit; ( c ) such conditions as may be prescribed by the Rules of Court are met. [40/2019] (2) Before summarily dismissing any appeal or application under subsection (1), the Court of Appeal must — ( a ) give the appellant or applicant a reasonable opportunity to show cause why the appeal or application should not be summarily dismissed; and ( b ) consider any representations made by the appellant or applicant. [40/2019] (3) The Court of Appeal may exercise its powers under this section without hearing oral arguments. [40/2019] (4) In this section, “appeal” includes part of an appeal and “application” includes part of an application. [40/2019]


document_id: scja-1969
provision_ref: s57
chapter: PART 5 - COURT OF APPEAL
section: 57
title: Applications
content:
57. Where an application may be made either to the Court of Appeal or to another court, it must first be made to the other court. [40/2019]


document_id: scja-1969
provision_ref: s58
chapter: PART 5 - COURT OF APPEAL
section: 58
title: Incidental directions and interim orders
content:
58. —(1) The Court of Appeal may make one or more of the following directions and orders in any appeal or application pending before it (called in this section the pending matter): ( a ) any direction or order incidental to the pending matter not involving the decision of the pending matter; ( b ) any interim order to prevent prejudice to the claims of the parties pending the determination of the pending matter; ( c ) any order for security for costs, and for the dismissal of the pending matter for default in furnishing security so ordered. [40/2019] (2) A direction or an order under subsection (1) may be made by the Court of Appeal on its own motion or on the application of a party. [40/2019] (3) A direction or an order under subsection (1) may be made by 2 Judges. [40/2019] (4) A direction or an order under subsection (1) may also be made by a single Judge, in which case the following provisions apply: ( a ) the direction or order may be varied or discharged by 2 other Judges; but ( b ) an application to vary or discharge the direction or order may only be made with the permission of the single Judge or any other Judge, and a decision by any Judge to give or refuse permission is final. [40/2019] [Act 25 of 2021 wef 01/04/2022] (5) Subsections (3) and (4) apply despite section 50(1). [40/2019]


document_id: scja-1969
provision_ref: s59
chapter: PART 5 - COURT OF APPEAL
section: 59
title: Hearing of appeals
content:
59. —(1) Appeals to the Court of Appeal are to be by way of rehearing. [40/2019] (2) In hearing and deciding an appeal, the Court of Appeal has all the powers and duties, as to amendment or otherwise, of the court or tribunal from which the appeal was brought. [40/2019] (3) The Court of Appeal may receive further evidence — ( a ) by oral examination in court; ( b ) by affidavit; ( c ) by deposition taken before an examiner or a commissioner; or ( d ) in any other manner that the Court of Appeal allows. [Act 25 of 2021 wef 01/04/2022] (4) Except as provided in subsection (5), such further evidence may be given to the Court of Appeal only with the permission of the Court of Appeal and on special grounds. [40/2019] [Act 25 of 2021 wef 01/04/2022] (5) Such further evidence may be given to the Court of Appeal without permission if the evidence relates to matters occurring after the date of the decision appealed against. [40/2019] [Act 25 of 2021 wef 01/04/2022] (6) The Court of Appeal may draw any inference of fact, give any judgment and make any order. [40/2019] (7) The powers in this section — ( a ) may be exercised in relation to any part of the decision appealed against, including any part of the decision appealed against to which the appeal does not relate; and ( b ) may be exercised in favour of any party to the decision appealed against, including any party to the decision appealed against who has not appealed against the decision. [40/2019] (8) Where an application for permission to adduce further evidence in an appeal before the Court of Appeal is heard and decided by a single Judge or 2 Judges, any party may request the full panel of the Court of Appeal hearing the appeal to rehear arguments in respect of the application for permission to adduce further evidence. [Act 25 of 2021 wef 01/04/2022] (9) No request may be made under subsection (8) in respect of an application for permission to adduce further evidence in an appeal where the Court of Appeal that first decided the application is constituted — ( a ) by 2 Judges, where the Court of Appeal hearing the appeal is constituted by 2 Judges; or ( b ) by 3 or more Judges. [Act 25 of 2021 wef 01/04/2022] (10) A request under subsection (8) must be made before the earlier of the following: ( a ) the time at which the judgment or order relating to the decision on the application for permission to adduce further evidence is extracted; ( b ) the expiration of 7 days after the date on which the decision on the application for permission to adduce further evidence is made. [Act 25 of 2021 wef 01/04/2022] (11) After rehearing arguments on a request mentioned in subsection (8), the Court of Appeal may affirm, vary or set aside the decision on the application for permission to adduce further evidence. [Act 25 of 2021 wef 01/04/2022]


document_id: scja-1969
provision_ref: s60
chapter: PART 5 - COURT OF APPEAL
section: 60
title: Costs of appeal
content:
60. The Court of Appeal may make any order as to the costs of an appeal or of the proceedings relating to the decision appealed against. [40/2019]


document_id: scja-1969
provision_ref: s60A
chapter: PART 5 - COURT OF APPEAL
section: 60A
title: New trial
content:
60A. —(1) Subject to this Act, the Court of Appeal may order a new trial of — ( a ) any matter that has been tried by the General Division in the exercise of the original or appellate civil jurisdiction of the General Division; or ( b ) any matter that has been tried by the Appellate Division in the exercise of the civil jurisdiction of the Appellate Division. [40/2019] (2) A new trial must not be ordered on the ground of an improper admission or rejection of evidence, unless the improper admission or rejection has caused a substantial wrong or a miscarriage of justice. [40/2019] (3) If the substantial wrong or miscarriage of justice mentioned in subsection (2) affects only part of a case, or only one or some of the parties to the case, the Court of Appeal may — ( a ) give final judgment in respect of the unaffected part of the case or the unaffected parties to the case; and ( b ) direct a new trial in respect of the affected part of the case or the affected parties to the case. [40/2019] (4) A new trial may be ordered on any question without interfering with the finding or decision of the General Division or the Appellate Division (as the case may be) on any other question. [40/2019]


document_id: scja-1969
provision_ref: s60B
chapter: PART 5 - COURT OF APPEAL
section: 60B
title: Immaterial errors
content:
60B. The Court of Appeal may not reverse or substantially vary a decision appealed against, or order a new trial, on account of any error, defect or irregularity that does not affect the merits of the decision appealed against or the jurisdiction of the court whose decision is appealed against. [40/2019]


document_id: scja-1969
provision_ref: s60C
chapter: PART 5 - COURT OF APPEAL
section: 60C
title: Appeal not to operate as stay of execution or enforcement
content:
60C. —(1) An appeal to the Court of Appeal does not operate as a stay of execution or enforcement or of proceedings under the decision appealed against, unless the court whose decision is appealed against or the Court of Appeal so orders. [40/2019] [Act 25 of 2021 wef 01/04/2022] (2) No intermediate act or proceeding is to be invalidated except so far as the Court of Appeal directs. [40/2019] [Act 25 of 2021 wef 01/04/2022] Division 3 &#x2014; Criminal jurisdiction


document_id: scja-1969
provision_ref: s60D
chapter: PART 5 - COURT OF APPEAL
section: 60D
title: Criminal jurisdiction
content:
60D. The criminal jurisdiction of the Court of Appeal consists of the following matters, subject to the provisions of this Act or any other written law regulating the terms and conditions upon which those matters may be brought: ( a ) any appeal against any decision made by the General Division in the exercise of its original criminal jurisdiction; ( b ) any petition for confirmation under Division 1A of Part 20 of the Criminal Procedure Code 2010; ( c ) any review of a decision of the Court of Appeal, or a decision of the General Division, under Division 1B of Part 20 of the Criminal Procedure Code 2010; ( d ) any case stated to the Court of Appeal under section 395 or 396 of the Criminal Procedure Code 2010; ( e ) any reference to the Court of Appeal under section 397 of the Criminal Procedure Code 2010; ( f ) any motion to the Court of Appeal under Division 5 of Part 20 of the Criminal Procedure Code 2010; [40/2019] [Act 17 of 2022 wef 01/07/2022] ( g ) any reference to the Court of Appeal under section 18 of the Extradition Act 1968. [Act 17 of 2022 wef 01/07/2022]


document_id: scja-1969
provision_ref: s60E
chapter: PART 5 - COURT OF APPEAL
section: 60E
title: Composition when exercising criminal jurisdiction
content:
60E. —(1) Despite section 50(1), a case before the Court of Appeal may, if the Tenth Schedule so provides, be heard and determined by a single Judge. [Act 25 of 2021 wef 01/04/2022] (2) A Judge must not sit in the Court of Appeal to hear or decide any of the following matters, or any matter related to any of the following matters: ( a ) an appeal against a conviction before the Judge or a sentence passed by the Judge; ( b ) any petition for confirmation under Division 1A of Part 20 of the Criminal Procedure Code 2010 lodged in respect of a sentence of death passed by the Judge on an accused; ( c ) any case stated by the Judge under section 395 of the Criminal Procedure Code 2010; ( d ) any reference under section 397 of the Criminal Procedure Code 2010 of a question of law of public interest that has arisen in a criminal matter determined by the Judge. [40/2019] Division 4 &#x2014; Post-appeal application in
capital case and finding of abuse of process [Act 41 of 2022 wef 28/06/2024]


document_id: scja-1969
provision_ref: s60F
chapter: PART 5 - COURT OF APPEAL
section: 60F
title: Interpretation of this Division
content:
60F. In this Division, unless the context otherwise requires — “application for PACC permission” means an application for permission to make a PACC application; “application for review permission” means an application for permission to make a review application; “counsel” means any advocate and solicitor; “Judge of the Court of Appeal” means a Judge sitting in the Court of Appeal in accordance with this Act and the Constitution; “PACP” means a prisoner awaiting capital punishment; “post-appeal application in a capital case” or “PACC application” means any application (not being a review application) — ( a ) made by a PACP after the relevant date; and ( b ) to which either of the following applies: (i) the application is for a stay of the execution of the death sentence on the PACP; (ii) the determination of the application calls into question, or may call into question, the propriety of the conviction of, the imposition of the sentence of death on, or the carrying out of the sentence of death on, the PACP; Examples Examples of an application made by a PACP the determination of which calls into question, or may call into question, the propriety of the conviction of, the imposition of the sentence of death on, or the carrying out of the sentence of death on, the PACP are — ( a ) an application challenging the President’s order; ( b ) an application challenging the manner in which the death sentence is to be carried out; ( c ) an application challenging the imposition of the sentence of death as a form of punishment (such as an application alleging that the death penalty is an unlawful deprivation of life under Article 9(1) of the Constitution); ( d ) an application challenging the Public Prosecutor’s decision not to certify that the PACP has substantively assisted the Central Narcotics Bureau in disrupting drug trafficking activities within or outside Singapore, under section 33B(2)( b ) of the Misuse of Drugs Act 1973; and ( e ) an application challenging the Public Prosecutor’s decision to institute and conduct proceedings against the PACP for an offence punishable with death. “President’s order”, in relation to a PACP, means the order of the President under section 313(1)( f ) of the Criminal Procedure Code 2010 stating that the sentence of death is to be carried out against the PACP; “relevant application” means — ( a ) an application for PACC permission; ( b ) a PACC application; ( c ) an application for review permission; or ( d ) a review application; “relevant date” means — ( a ) in relation to the first PACC application by a PACP — (i) the date of dismissal of the appeal by the Court of Appeal (whether before, on or after the date of commencement of the Post‑appeal Applications in Capital Cases Act 2022) in relation to the offence for which the sentence of death was imposed on the PACP; (ii) the date of imposition of the sentence of death by the Court of Appeal (whether before, on or after the date of commencement of the Post‑appeal Applications in Capital Cases Act 2022) in an appeal against the acquittal of the PACP of an offence punishable with death, or against a non‑capital sentence imposed on the PACP; or (iii) the date of the issuance by the Court of Appeal of a certificate (whether before, on or after the date of commencement of the Post‑appeal Applications in Capital Cases Act 2022) confirming the imposition of the sentence of death on the PACP; and ( b ) in relation to the second or any subsequent PACC application (called the instant application) by a PACP — (i) the date mentioned in paragraph ( a ); or (ii) if prior to the making of the instant application, there has been a determination of — (A) any application for PACC permission (not being an application for PACC permission for the instant application); or (B) any PACC application, in relation to the PACP, the date of the most recent of any such determination; “review application” means a review application within the meaning of section 394F of the Criminal Procedure Code 2010 where the application is to review an earlier decision of the Court of Appeal relating to the offence for which the sentence of death was imposed on a PACP. [Act 41 of 2022 wef 28/06/2024]


document_id: scja-1969
provision_ref: s60G
chapter: PART 5 - COURT OF APPEAL
section: 60G
title: Application for permission to make PACC application
content:
60G. —(1) Subject to section 60I, before making a PACC application, the applicant must apply to the Court of Appeal for, and obtain, the permission of that court to do so. (2) Despite section 50(1), an application for PACC permission may be heard and determined by a single Judge of the Court of Appeal. (3) An application for PACC permission must be fixed for hearing within such period as is prescribed by the Rules of Court. (4) The applicant in an application for PACC permission must file written submissions in support of that application, and such other documents as are prescribed in the Rules of Court, within such periods as are prescribed in the Rules of Court. (5) The respondent in an application for PACC permission may file written submissions in relation to that application within such period as is prescribed in the Rules of Court. (6) The Registrar or any Supreme Court Judge may extend or abridge any period mentioned in subsection (3), (4) or (5). (7) In deciding whether or not to grant an application for PACC permission, the Court of Appeal must consider the following matters: ( a ) whether the PACC application to be made is based on material (being evidence or legal arguments) that, even with reasonable diligence, could not have been adduced in court before the relevant date; ( b ) whether there was any delay in filing the application for PACC permission after the PACP or counsel for the PACP obtained the material mentioned in paragraph ( a ) and the reasons for the delay; ( c ) whether subsection (4) is complied with; ( d ) whether the PACC application to be made has a reasonable prospect of success. (8) An application for PACC permission may, without being set down for hearing, be summarily dealt with by a written order of the Court of Appeal. (9) Before summarily refusing an application for PACC permission under subsection (8), the Court of Appeal, in addition to considering the matters mentioned in subsection (7) — ( a ) must consider the applicant’s written submissions, if any; and ( b ) may, but is not required to, consider the respondent’s written submissions, if any. (10) Before summarily granting an application for PACC permission, the Court of Appeal, in addition to considering the matters mentioned in subsection (7) — ( a ) must consider the applicant’s written submissions, if any; and ( b ) must consider the respondent’s written submissions, if any. (11) The Court of Appeal may — ( a ) before deciding any application for PACC permission; ( b ) when granting an application for PACC permission; or ( c ) when summarily granting an application for PACC permission, do one or both of the following: ( d ) make any incidental directions or give any interim orders (including a stay of execution of the death sentence) as the Court considers necessary; ( e ) take additional evidence. (12) The Court of Appeal may, if it thinks additional evidence needs to be taken under subsection (11) — ( a ) where the application for PACC permission is dealt with by a single Judge of the Court of Appeal — take such evidence itself; or ( b ) where the application for PACC permission is dealt with by 3 or any greater uneven number of Judges sitting in the Court of Appeal — either take such evidence itself or have such evidence taken by one of those Judges. (13) If the Court of Appeal does not grant the application for PACC permission, no further proceedings may be taken in respect of the PACC application. (14) Subsection (13) does not prevent the taking of any proceedings against the PACP’s counsel (if any) in relation to the counsel’s conduct in the application for PACC permission. (15) Despite any provision in this section, if an application for PACC permission is made by a PACP, and prior to the making of that application, the applicant is found by the Court of Appeal — ( a ) to have abused the process of the court in relation to a relevant application that was filed on or after the date of commencement of the Post‑appeal Applications in Capital Cases Act 2022; or ( b ) to have abused the process of the court in order to delay or frustrate the carrying out of the sentence of death in relation to an application (other than a relevant application) or action that was filed on or after the date mentioned in paragraph ( a ), the Court of Appeal must not grant the application for PACC permission unless — ( c ) the PACP adduces material (being evidence or legal arguments) that was not adduced in court before the date of the most recent of any such finding of abuse of process by the Court of Appeal; and ( d ) the material could not, even with reasonable diligence, have been adduced in court before the date mentioned in paragraph ( c ). [Act 41 of 2022 wef 28/06/2024]


document_id: scja-1969
provision_ref: s60H
chapter: PART 5 - COURT OF APPEAL
section: 60H
title: Hearing of PACC application
content:
60H. —(1) Subject to section 60I, where the Court of Appeal grants the application for PACC permission, the PACC application must be made to the Court of Appeal, and fixed for hearing, within such period as is prescribed by the Rules of Court. (2) The applicant in a PACC application must file such documents in support of that application, within such period, as are prescribed in the Rules of Court. (3) The respondent in a PACC application must file such documents in relation to that application, within such period, as are prescribed in the Rules of Court. (4) The Registrar or any Supreme Court Judge may extend or abridge any period mentioned in subsection (1), (2) or (3). (5) The Court of Appeal which hears a PACC application may exercise any power and make any order that could have been exercised and made by the Appellate Division or the General Division (whether or not exercising its original jurisdiction). (6) A PACC application may, without being set down for hearing, be summarily dealt with by a written order of the Court of Appeal. (7) Before summarily refusing a PACC application under subsection (6), the Court of Appeal — ( a ) must consider the applicant’s written submissions, if any; and ( b ) may, but is not required to, consider the respondent’s written submissions, if any. (8) Except where subsection (7) applies, before summarily deciding a PACC application on its merits, the Court of Appeal — ( a ) must consider the applicant’s written submissions, if any; and ( b ) must consider the respondent’s written submissions, if any. (9) The Court of Appeal may — ( a ) before deciding a PACC application; ( b ) when granting a PACC application; or ( c ) when summarily granting a PACC application, do one or both of the following: ( d ) make any incidental directions or give any interim orders (including a stay of execution of the death sentence) as the Court considers necessary; ( e ) take additional evidence. (10) The Court of Appeal may, if it thinks additional evidence needs to be taken under subsection (9), either take such evidence itself or have such evidence taken by one of the Judges of the Court of Appeal. [Act 41 of 2022 wef 28/06/2024]


document_id: scja-1969
provision_ref: s60I
chapter: PART 5 - COURT OF APPEAL
section: 60I
title: Procedure for making PACC application, etc., when there is pending PACC application, etc.
content:
60I. —(1) Where any application for PACC permission, or any PACC application, made by a PACP (each called in this section the specified application) is pending determination, the PACP cannot make a subsequent application for PACC permission or a subsequent PACC application (each called in this section the subsequent application) unless the PACP has the permission of the Court of Appeal dealing with the specified application to do so. (2) The Court of Appeal dealing with the specified application may do any one of the following: ( a ) grant permission for the PACP to adduce further material when the Court of Appeal is dealing with the specified application; ( b ) grant permission for the PACP to make the subsequent application separately under section 60G or 60H, as the case may be; ( c ) refuse to grant permission under paragraph ( a ) or ( b ). (3) When dealing with any specified application or subsequent application under this section, the Court of Appeal may give such directions as the Court of Appeal thinks necessary or expedient — ( a ) in the case of a specified application — in respect of that application or a subsequent application; or ( b ) in the case of a subsequent application — in respect of that application. [Act 41 of 2022 wef 28/06/2024]


document_id: scja-1969
provision_ref: s60J
chapter: PART 5 - COURT OF APPEAL
section: 60J
title:
Court of Appeal may determine whether application is, or action contains, application for PACC permission or PACC application, etc.

content:
60J. —(1) Where any application or action by a PACP (called in this section the specified application or specified action, as the case may be) is filed in a court other than the Court of Appeal, the Court of Appeal may determine whether the specified application is, or the specified action contains, an application for PACC permission or a PACC application. (2) Despite section 50(1), a determination under subsection (1) may be made by a single Judge of the Court of Appeal. (3) If the Court of Appeal makes a determination under subsection (1) that the specified application is, or the specified action contains, an application for PACC permission or a PACC application, the Court of Appeal may — ( a ) proceed to determine the specified application, or that part of the specified action containing an application for PACC permission or a PACC application, in accordance with section 60G or 60H, as the case may be; or ( b ) strike out the specified application or specified action, in whole or in part. (4) The Court of Appeal may, in making any determination under subsection (1), do one or both of the following: ( a ) make any incidental directions or give any interim orders (including a stay of execution of the death sentence) as the Court considers necessary; ( b ) take additional evidence. (5) The Court of Appeal may, if it thinks additional evidence needs to be taken under subsection (4) — ( a ) where the determination under subsection (1) is being made by a single Judge of the Court of Appeal — take such evidence itself; or ( b ) where the determination under subsection (1) is being made by 3 or any greater uneven number of Judges sitting in the Court of Appeal — either take such evidence itself or have such evidence taken by one of those Judges. [Act 41 of 2022 wef 28/06/2024]


document_id: scja-1969
provision_ref: s60K
chapter: PART 5 - COURT OF APPEAL
section: 60K
title: Operation of Division 1B of Part 20 of Criminal Procedure Code 2010
content:
60K. Nothing in this Division affects the operation of Division 1B of Part 20 of the Criminal Procedure Code 2010. [Act 41 of 2022 wef 28/06/2024]


document_id: scja-1969
provision_ref: s60L
chapter: PART 5 - COURT OF APPEAL
section: 60L
title: Stay of execution of death sentence
content:
60L. Despite anything in this Act or any other written law, a stay of execution of the death sentence may only be granted by the Court of Appeal. [Act 41 of 2022 wef 28/06/2024]


document_id: scja-1969
provision_ref: s60M
chapter: PART 5 - COURT OF APPEAL
section: 60M
title:
Power of Court of Appeal to make finding of abuse of process when dealing with application or action

content:
60M. —(1) When dealing with any application or action, the Court of Appeal may, on its own motion or upon the application of the Attorney‑General or the Public Prosecutor, decide whether to make a finding that a PACP, or a counsel for a PACP, has in the commencement, continuation or conduct of the proceedings relating to the application or action — ( a ) committed an abuse of process, in the case of a relevant application; or ( b ) committed an abuse of process in order to delay or frustrate the carrying out of the sentence of death imposed on the PACP, in the case of an application (other than a relevant application) or action. (2) In deciding whether to make a finding under subsection (1), the Court of Appeal may inquire into and take into account the following matters: ( a ) in relation to an application for PACC permission — (i) whether the PACC application to be made is based on material (being evidence or legal arguments) that, even with reasonable diligence, could not have been adduced in court before the relevant date; (ii) whether there was any delay in filing the application for PACC permission after the PACP or counsel for the PACP obtained the material mentioned in sub‑paragraph (i) and the reasons for the delay; and (iii) whether the PACP has complied with section 60G(4); ( b ) in relation to a PACC application — (i) whether the PACC application was based on material (being evidence or legal arguments) that, even with reasonable diligence, could not have been adduced in court before the relevant date; (ii) whether there was any delay in filing the application for PACC permission after the PACP or counsel for the PACP obtained the material mentioned in sub‑paragraph (i) and the reasons for the delay; and (iii) whether the PACP has complied with section 60H(2); ( c ) in relation to an application for review permission — (i) whether the PACP has complied with the conditions or the requirements in sections 394G, 394J and 394K of the Criminal Procedure Code 2010; (ii) whether the application for review permission was filed within a reasonable time after the PACP or counsel for the PACP had obtained the material mentioned in section 394J(2) of the Criminal Procedure Code 2010; and (iii) whether the PACP has complied with section 394H(3) of the Criminal Procedure Code 2010; ( d ) in relation to a review application — (i) whether the PACP has complied with the conditions or the requirements in sections 394G, 394J and 394K of the Criminal Procedure Code 2010; (ii) whether the application for review permission granted in respect of the review application was filed within a reasonable time after the PACP or counsel for the PACP had obtained the material mentioned in section 394J(2) of the Criminal Procedure Code 2010; and (iii) whether the PACP has complied with section 394I(2) of the Criminal Procedure Code 2010. (3) Despite section 50(1), where a relevant application is heard before a single Judge of the Court of Appeal, a finding under subsection (1) may be made by that Judge. (4) In deciding whether to make a finding under subsection (1), the Court of Appeal may, if it thinks additional evidence is necessary — ( a ) where the relevant application is being heard by a single Judge of the Court of Appeal — take such evidence itself; or ( b ) where the relevant application is being heard by 3 or any greater uneven number of Judges sitting in the Court of Appeal — either take such evidence itself or have such evidence taken by one of those Judges. [Act 41 of 2022 wef 28/06/2024]


document_id: scja-1969
provision_ref: s61
chapter: PART 6 - OFFICERS AND OFFICES
section: 61
title: Appointment of Registrar, Deputy Registrar and Assistant Registrars
content:
61. —(1) The President may, on the recommendation of the Chief Justice, appoint a Registrar, a Deputy Registrar and Assistant Registrars of the Supreme Court. (2) A person must not be appointed to be or to act as the Registrar, the Deputy Registrar or an Assistant Registrar unless he or she is a qualified person as defined in section 2 of the Legal Profession Act 1966.


document_id: scja-1969
provision_ref: s62
chapter: PART 6 - OFFICERS AND OFFICES
section: 62
title: Powers and duties of Registrar, Deputy Registrar and Assistant Registrars
content:
62. —(1) The Registrar, the Deputy Registrar and the Assistant Registrars have, subject to the provisions of this Act or any other written law, such jurisdiction, powers and duties as may be prescribed by Rules of Court. (2) Subject to Rules of Court, all the powers and duties conferred and imposed on the Registrar may be exercised or performed by the Deputy Registrar or the Assistant Registrars. Division 2 &#x2014; Sheriff [40/2019]


document_id: scja-1969
provision_ref: s63
chapter: PART 6 - OFFICERS AND OFFICES
section: 63
title: Sheriff, Deputy Sheriff and Assistant Sheriffs of Supreme Court
content:
63. —(1) The Registrar is the Sheriff and the Deputy Registrar is the Deputy Sheriff and the Assistant Registrars are the Assistant Sheriffs of the Supreme Court. (2) The Deputy Sheriff and the Assistant Sheriffs have all the powers and privileges and may perform all the duties of the Sheriff.


document_id: scja-1969
provision_ref: s64
chapter: PART 6 - OFFICERS AND OFFICES
section: 64
title: Powers and duties of Sheriff
content:
64. —(1) The Sheriff or his or her officers must — ( a ) execute all writs, summonses, rules, orders, warrants, commands and process of the Supreme Court given to him or her by the Court for that purpose; ( b ) make a return of the same together with the manner of the execution thereof to the Supreme Court from which the process issued; and ( c ) receive all persons committed to his or her custody by the Supreme Court. (2) The Sheriff or his or her officers in executing any enforcement order for seizure and sale of property, any other enforcement order or any writ of distress may effect an entry into any building, and for that purpose if necessary may break open any outer or inner door or window of the building or any receptacle therein, using such force as is reasonably necessary to effect an entry. [Act 25 of 2021 wef 01/04/2022] (3) The Sheriff may engage any auxiliary police officer appointed under the Police Force Act 2004 * , any security agency, a provider of transport and of warehousing, a valuer, an estate agent, a broker, a solicitor or any other appropriate person to assist the Sheriff in the discharge of the Sheriff’s duties. [Act 25 of 2021 wef 01/04/2022] [*Updated to be consistent with the 2020 Revised Edition]


document_id: scja-1969
provision_ref: s65
chapter: PART 6 - OFFICERS AND OFFICES
section: 65
title: Sheriff not to act when an interested party
content:
65. Where in any cause or matter the Sheriff is an interested party, the court may appoint for that purpose an officer or a person who may act in the place of the Sheriff.


document_id: scja-1969
provision_ref: s65A
chapter: PART 6 - OFFICERS AND OFFICES
section: 65A
title: Solicitor authorised to act as officer of Sheriff
content:
65A. —(1) Subject to such directions as may be given by the Chief Justice, the Registrar may authorise a solicitor or a person employed by a solicitor to exercise the powers and perform the duties of an officer of the Sheriff during such period or on such occasion as the Registrar thinks fit and subject to such terms and conditions as the Registrar may determine. (2) Section 79(2) applies to a solicitor or person authorised under subsection (1) as it applies to an officer of the Supreme Court. Division 3 &#x2014; Accountant [40/2019]


document_id: scja-1969
provision_ref: s66
chapter: PART 6 - OFFICERS AND OFFICES
section: 66
title: Duties of Accountant
content:
66. —(1) An Accountant is to be appointed by the Chief Justice for the Supreme Court. (2) The Accountant must do all things necessary to execute the orders of the Supreme Court relating to the payment or delivery or depositing of suitors’ money, jewels, precious stones and securities into or in the Accountant’s custody, and investing the money of suitors and keeping the accounts thereof. Division 4 &#x2014; Subordinate officers [40/2019]


document_id: scja-1969
provision_ref: s67
chapter: PART 6 - OFFICERS AND OFFICES
section: 67
title: Subordinate officers of Supreme Court
content:
67. —(1) There are to be attached to the Supreme Court commissioners for oaths, interpreters, clerks, process servers and other officers as, from time to time, appear to the Chief Justice to be necessary for the administration of justice and the due execution of all powers and duties which are vested in the Supreme Court. (2) Those of the officers attached to the Supreme Court as may be thought necessary or proper for the performance of any special duties in connection with any particular Judge may, with the approval of the Chief Justice, be attached to that Judge.


document_id: scja-1969
provision_ref: s68
chapter: PART 6 - OFFICERS AND OFFICES
section: 68
title: Commissioners for oaths
content:
68. —(1) The Registrar, the Deputy Registrar and the Assistant Registrars are ex-officio commissioners for oaths. (2) The Senate of the Singapore Academy of Law may appoint fit and proper persons to be commissioners for oaths (subject to any limitations expressed in their appointment) who may do all or any of the following things: ( a ) receive acknowledgements of married women in all cases where such acknowledgements are required by law to be taken before a public officer; ( b ) receive acknowledgements of recognisances of bail and bail bonds; ( c ) administer oaths for — (i) the justification for bail; (ii) taking any affidavit or affirmation; (iii) receiving and taking the answer, plea, demurrer, disclaimer, allegation or examination of any party or parties to any action; (iv) the examination of any witnesses upon any interrogatories or de bene esse or in chief or on any other occasions; (v) swearing executors and administrators; and (vi) swearing persons in any cause or matter which is pending or about to be instituted in any court in any of its jurisdiction; ( d ) take and receive statutory declarations. (3) The Senate of the Singapore Academy of Law may make rules for the appointment and conduct of, fees to be charged by, fees payable to the Singapore Academy of Law by, and for all things appertaining to, commissioners for oaths and persons appointed by the Senate under subsection (2).


document_id: scja-1969
provision_ref: s69
chapter: PART 6 - OFFICERS AND OFFICES
section: 69
title: Oaths of officers
content:
69. —(1) The Registrar, the Deputy Registrar, the Assistant Registrars and such other officers of the Supreme Court as may be required by the Chief Justice must, before exercising the functions of their respective offices, take and subscribe the appropriate oath of office set out in the Second Schedule. [Act 25 of 2023 wef 01/12/2023] (2) To avoid doubt, where an oath of office is required to be taken and subscribed under subsection (1), a person may take and subscribe the oath by appearing before the person administering the oath through a live video link or live television link created using a remote communication technology that allows the person administering the oath to — ( a ) maintain visual contact and communicate with the person taking the oath, and any interpreter present, throughout the process; ( b ) confirm the identity of the person taking the oath and any interpreter present; and ( c ) verify by inspection the oath to be subscribed. [Act 25 of 2023 wef 01/12/2023]


document_id: scja-1969
provision_ref: s70
chapter: PART 6 - OFFICERS AND OFFICES
section: 70
title: Apportionment of work
content:
70. The Chief Justice may make such rules and regulations as he or she thinks fit for the apportionment of the work among the several officers of the Supreme Court. Division 5 &#x2014; Offices [40/2019]


document_id: scja-1969
provision_ref: s71
chapter: PART 6 - OFFICERS AND OFFICES
section: 71
title: Registry of Supreme Court
content:
71. —(1) There shall be an office of the Supreme Court called the Registry comprising such departments as the Chief Justice may, from time to time, determine. (2) The Registry is under the control and supervision of the Registrar.


document_id: scja-1969
provision_ref: s72
chapter: PART 6 - OFFICERS AND OFFICES
section: 72
title: Registry to be open throughout the year
content:
72. —(1) The Registry of the Supreme Court is to be open on every day of the year except on Saturdays, Sundays and public holidays. (2) Despite subsection (1), the Registrar may lawfully sit or carry out the business of the Registry on a Saturday, Sunday or public holiday if — ( a ) the Chief Justice has directed the Registrar to do so on that day; or ( b ) in the opinion of the Registrar, the business to be despatched is extremely urgent. (3) The office hours of the Registry are such times as the Chief Justice may from time to time direct.


document_id: scja-1969
provision_ref: s73
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 73
title: List of touts
content:
73. —(1) The Registrar may publish a list of persons proved to the Registrar’s satisfaction, by evidence of general repute or otherwise, to act as touts or unauthorised advisers to suitors or other persons having business with or before any officer of the Supreme Court, and may alter and amend such list. (2) The Registrar may, by general or special order, exclude from the precincts of the Supreme Court any person whose name is included in the list, except when that person is a party to or a witness in any proceedings in the Supreme Court, when that person is to be allowed to remain for such time as is necessary. (3) A person’s name must not be included in the list until the person has been heard or had an opportunity of being heard against such inclusion. (4) An appeal lies to a Judge sitting in chambers in the General Division from an order made by the Registrar to include a person’s name in the list. [40/2019] (5) The decision of the Judge sitting in chambers in the General Division is final. [40/2019] (6) A copy of the list must be kept hung up in the Registry and must be published in the Gazette . (7) A person whose name appears in the list of touts under section 39 of the Family Justice Act 2014, or the list of touts under section 62 of the State Courts Act 1970, is deemed to be included in the list under this section, and vice versa. [27/2014] Division 2 &#x2014; Measures for dealing with
unmeritorious or vexatious proceedings
and vexatious litigants [40/2019]


document_id: scja-1969
provision_ref: s73A
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 73A
title: Measures for dealing with unmeritorious or vexatious proceedings
content:
73A. —(1) A court may, in respect of any legal proceedings in the court — ( a ) make a limited civil restraint order in accordance with section 73B; ( b ) make an extended civil restraint order in accordance with section 73C; or ( c ) make a general civil restraint order in accordance with section 73D. [46/2018] (2) A court may, if satisfied that a party is conducting any legal proceedings in the court in a vexatious manner, order that those proceedings be stayed on such terms as the court considers appropriate. [46/2018] (3) A court may, if satisfied that the filing of further documents by a party in any legal proceedings in the court would be vexatious or for an improper purpose, order that no further documents be filed by that party in relation to those proceedings. [46/2018] (4) The General Division may, in respect of any legal proceedings in any subordinate court — ( a ) make a limited civil restraint order in accordance with section 73B; ( b ) make an extended civil restraint order in accordance with section 73C; or ( c ) make a general civil restraint order in accordance with section 73D. [46/2018; 40/2019] (5) The General Division may, if satisfied that a party is conducting any legal proceedings in any subordinate court in a vexatious manner, order that those proceedings be stayed on such terms as the General Division considers appropriate. [46/2018; 40/2019] (6) The General Division may, if satisfied that the filing of further documents by a party in any legal proceedings in any subordinate court would be vexatious or for an improper purpose, order that no further documents be filed by that party in relation to those proceedings. [46/2018; 40/2019] (7) A court may, on the court’s own motion, or on the application of — ( a ) the Attorney‑General; or ( b ) any party in any legal proceedings in the court, make an order mentioned in subsection (1)( a ), ( b ) or ( c ), (2) or (3) against another party in those legal proceedings after giving the other party an opportunity to be heard. [46/2018] (8) The General Division may, on the application of — ( a ) the Attorney‑General; or ( b ) any party in any legal proceedings in a subordinate court, make an order mentioned in subsection (4)( a ), ( b ) or ( c ), (5) or (6) against another party in those legal proceedings after giving the other party an opportunity to be heard. [46/2018; 40/2019] (9) A party against whom the General Division makes an order mentioned in subsection (1)( a ), ( b ) or ( c ), (2), (3), (4)( a ), ( b ) or ( c ), (5) or (6) may appeal against the order only with the permission of the court to which the appeal is to be made under section 29C. [40/2019] [Act 25 of 2021 wef 01/04/2022] (9A) A party against whom the Appellate Division makes an order mentioned in subsection (1)( a ), ( b ) or ( c ), (2) or (3) may appeal against the order only with the permission of the Court of Appeal. [40/2019] [Act 25 of 2021 wef 01/04/2022] (10) In this section and sections 73B and 73C, “legal proceedings” includes any proceedings, process, action, application or appeal in any civil matter or quasi‑criminal matter. [46/2018]


document_id: scja-1969
provision_ref: s73B
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 73B
title: Limited civil restraint orders
content:
73B. —(1) A court may, if satisfied that a party has made 2 or more applications that are totally without merit, make a limited civil restraint order against the party. [46/2018] (2) Where a court makes a limited civil restraint order, the party against whom the order is made — ( a ) is restrained from making any further application in the legal proceedings in respect of which the order is made without the permission of that court; and [Act 25 of 2021 wef 01/04/2022] ( b ) may apply to amend, vary or discharge the order, only if the party has the permission of that court to make that application. [46/2018] [Act 25 of 2021 wef 01/04/2022] (3) Where a party, who is subject to a limited civil restraint order, makes an application (other than for the permission of the court under subsection (2)) in the legal proceedings in respect of which the order is made without the permission of the court under subsection (2), that application is to be treated as dismissed — ( a ) without the court having to make any further order; and ( b ) without the need for any other party to be heard on the merits of that application. [46/2018] [Act 25 of 2021 wef 01/04/2022] (4) A limited civil restraint order — ( a ) is limited to the particular legal proceedings in respect of which the order is made; and ( b ) remains in effect for the duration of the legal proceedings in respect of which the order is made, unless the court orders otherwise. [46/2018] (5) Where a party, who is subject to a limited civil restraint order made by the General Division, applies for the permission of the court under subsection (2), and the court refuses such permission, the party may appeal against the refusal only with the permission of the court to which the appeal is to be made under section 29C. [40/2019] [Act 25 of 2021 wef 01/04/2022] (6) Where a party, who is subject to a limited civil restraint order made by the Appellate Division, applies for the permission of the court under subsection (2), and the court refuses such permission, the party may appeal against the refusal only with the permission of the Court of Appeal. [40/2019] [Act 25 of 2021 wef 01/04/2022]


document_id: scja-1969
provision_ref: s73C
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 73C
title: Extended civil restraint orders
content:
73C. —(1) A court may, if satisfied that a party has persistently commenced actions or made applications that are totally without merit, make an extended civil restraint order against the party. [46/2018] (2) Where a court makes an extended civil restraint order, the party against whom the order is made — ( a ) is restrained from commencing any action or making any application, in any court or subordinate court specified in the order, concerning any matter involving, relating to, touching upon or leading to the legal proceedings in respect of which the order is made, without the permission of the court that made the order; and [Act 25 of 2021 wef 01/04/2022] ( b ) may apply to amend, vary or discharge the order, only if the party has the permission of the court that made the order to make that application. [46/2018] [Act 25 of 2021 wef 01/04/2022] (3) Where a party, who is subject to an extended civil restraint order, commences an action or makes an application (other than for the permission of the court under subsection (2)), in any court or subordinate court specified in the order, concerning any matter involving, relating to, touching upon or leading to the legal proceedings in respect of which the order is made, without the permission of the court under subsection (2), that action or application is to be treated as struck out or dismissed — ( a ) without the court having to make any further order; and ( b ) without the need for any other party to be heard on the merits of that action or application. [46/2018] [Act 25 of 2021 wef 01/04/2022] (4) An extended civil restraint order — ( a ) remains in effect for a period (not exceeding 2 years) that is specified in the order; and ( b ) must specify every court or subordinate court in which the party against whom the order is made is restrained from commencing any action or making any application. [46/2018] (5) The court — ( a ) may extend the period for which an extended civil restraint order remains in effect, if the court considers it appropriate to do so; but ( b ) must not extend that period for more than 2 years on any given occasion. [46/2018] (6) Where a party, who is subject to an extended civil restraint order made by the General Division, applies for the permission of the court under subsection (2), and the court refuses such permission, the party may appeal against the refusal only with the permission of the court to which the appeal is to be made under section 29C. [40/2019] [Act 25 of 2021 wef 01/04/2022] (7) Where a party, who is subject to an extended civil restraint order made by the Appellate Division, applies for the permission of the court under subsection (2), and the court refuses such permission, the party may appeal against the refusal only with the permission of the Court of Appeal. [40/2019] [Act 25 of 2021 wef 01/04/2022]


document_id: scja-1969
provision_ref: s73D
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 73D
title: General civil restraint orders
content:
73D. —(1) A court may, if satisfied that a party has persisted in commencing actions or making applications that are totally without merit, in circumstances where an extended civil restraint order would not be sufficient or appropriate, make a general civil restraint order against the party. [46/2018] (2) Where a court makes a general civil restraint order, the party against whom the order is made — ( a ) is restrained from commencing any action or making any application, in any court or subordinate court specified in the order, without the permission of the court that made the order; and [Act 25 of 2021 wef 01/04/2022] ( b ) may apply to amend, vary or discharge the order, only if the party has the permission of the court that made the order to make that application. [46/2018] [Act 25 of 2021 wef 01/04/2022] (3) Where a party, who is subject to a general civil restraint order, commences an action or makes an application (other than for the permission of the court under subsection (2)), in any court or subordinate court specified in the order, without the permission of the court under subsection (2), that action or application is to be treated as struck out or dismissed — ( a ) without the court having to make any further order; and ( b ) without the need for any other party to be heard on the merits of that action or application. [46/2018] [Act 25 of 2021 wef 01/04/2022] (4) A general civil restraint order — ( a ) remains in effect for a period (not exceeding 2 years) that is specified in the order; and ( b ) must specify every court or subordinate court in which the party against whom the order is made is restrained from commencing any action or making any application. [46/2018] (5) The court — ( a ) may extend the period for which a general civil restraint order remains in effect, if the court considers it appropriate to do so; but ( b ) must not extend that period for more than 2 years on any given occasion. [46/2018] (6) Where a party, who is subject to a general civil restraint order made by the General Division, applies for the permission of the court under subsection (2), and the court refuses such permission, the party may appeal against the refusal only with the permission of the court to which the appeal is to be made under section 29C. [40/2019] [Act 25 of 2021 wef 01/04/2022] (7) Where a party, who is subject to a general civil restraint order made by the Appellate Division, applies for the permission of the court under subsection (2), and the court refuses such permission, the party may appeal against the refusal only with the permission of the Court of Appeal. [40/2019] [Act 25 of 2021 wef 01/04/2022]


document_id: scja-1969
provision_ref: s74
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 74
title: Vexatious litigants
content:
74. —(1) If, on an application made by the Attorney‑General, the General Division is satisfied that any person has habitually and persistently and without any reasonable ground instituted vexatious legal proceedings in any court or subordinate court, whether against the same person or against different persons, the General Division may, after hearing that person or giving him or her an opportunity of being heard, order that — ( a ) no legal proceedings may without the permission of the General Division be instituted by that person in any court or subordinate court; and [Act 25 of 2021 wef 01/04/2022] ( b ) any legal proceedings instituted by that person in any court or subordinate court before the making of the order must not be continued by him or her without such permission, and such permission must not be given unless the General Division is satisfied that the proceedings are not an abuse of the process of the court and that there is prima facie ground for the proceedings. [30/2010; 40/2019] [Act 25 of 2021 wef 01/04/2022] (2) If the person against whom an order is sought under subsection (1) satisfies the General Division that he or she lacks the means to retain an advocate and solicitor, the General Division is to assign one to the person. [30/2010; 40/2019] (2A) A person against whom the General Division makes an order under subsection (1) may bring an appeal against the order only with the permission of the court to which the appeal is to be made under section 29C. [40/2019] [Act 25 of 2021 wef 01/04/2022] (3) No appeal lies from an order refusing permission under subsection (1) for institution or continuance of legal proceedings. [46/2018] [Act 25 of 2021 wef 01/04/2022] (4) A copy of any order under subsection (1) must be published in the Gazette . (5) In this section, “legal proceedings” includes any proceedings, process, action, application or appeal in any civil matter, quasi‑criminal matter or criminal matter. [30/2010; 46/2018] Division 3 &#x2014; Disabilities of Registrar and other officers [40/2019]


document_id: scja-1969
provision_ref: s75
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 75
title: Disqualification of Registrar
content:
75. —(1) Except with the approval of the Chief Justice, the Registrar, the Deputy Registrar and an Assistant Registrar — ( a ) shall not be capable of — (i) accepting or taking any other office of emolument; or (ii) carrying on any business either directly or indirectly; and ( b ) must not accept any fees of office, perquisites, emoluments or advantages, other than his or her salary and allowances. [30/2010] (2) Without limiting subsection (1), the Registrar, the Deputy Registrar and an Assistant Registrar may, with the approval of the Chief Justice — ( a ) be appointed to any commission of inquiry, committee of inquiry or other judicial, quasi-judicial or administrative tribunal, or hold any office in any institution or society for charitable purposes or for the advancement or encouragement of art, science, education or other knowledge; and ( b ) receive an allowance or other honorarium in respect of that appointment or office. [30/2010]


document_id: scja-1969
provision_ref: s76
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 76
title: Registrar not to act where interested
content:
76. The Registrar, the Deputy Registrar or an Assistant Registrar must not, except with the approval of the Chief Justice, or with the consent of the parties, investigate or hear and determine any proceedings to or in which he or she is a party or personally interested.


document_id: scja-1969
provision_ref: s77
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 77
title: Officers of Supreme Court not to bid at sales under any written law
content:
77. An officer of the Supreme Court having any duty to perform in connection with the sale of any property under any written law must not, directly or indirectly, purchase or bid for the property.


document_id: scja-1969
provision_ref: s78
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 78
title: Misconduct of officers
content:
78. —(1) Without affecting any written law and rules governing the conduct and discipline of public officers, if any officer of the Supreme Court is charged — ( a ) with extortion or misconduct while acting under colour of the process of the Supreme Court; or ( b ) with not duly paying or accounting for any money levied by the officer under the authority of this Act or Rules of Court, it is lawful for the Registrar to inquire into the matter in a summary way. (2) For the purpose of any such inquiry, the Registrar may summon and enforce the attendance of all necessary parties in the like manner as the attendance of witnesses in any case may be enforced. (3) On any such inquiry, the Registrar may make any order that the Registrar thinks just for the repayment of the money extorted or the due payment of the money levied, and for the payment of damages and costs, and also, if the Registrar thinks fit, may impose a fine upon the officer, not exceeding $100 for each offence, as appears to the Registrar to be adequate. (4) If it is found by the Registrar that any officer, while employed in putting in execution this Act or Rules of Court or any of the powers thereof, has wilfully and corruptly exacted or accepted any fee or reward whatsoever (other than any fees that are for the time being allowed under this Act or Rules of Court), that officer is, in addition to being liable for damages under subsection (3), incapable of being an officer of the Supreme Court. (5) An appeal lies to the Chief Justice from an order made by the Registrar under this section. (6) The decision of the Chief Justice is final. Division 4 &#x2014; Protection of Registrar and other persons [40/2019]


document_id: scja-1969
provision_ref: s79
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 79
title: Protection of Registrar and other persons
content:
79. —(1) The Registrar, the Deputy Registrar or an Assistant Registrar or other person acting judicially shall not be liable to be sued in any court exercising civil jurisdiction for any act done by him or her in the discharge of his or her judicial duty whether or not within the limits of his or her jurisdiction, provided that he or she at the time in good faith believed himself or herself to have jurisdiction to do or order the act complained of. [46/2018] (2) No officer of the Supreme Court charged with the duty of executing any writ, summons, warrant, order, notice or other mandatory process of the court shall be liable to be sued in any court exercising civil jurisdiction for the execution of or attempting to execute such writ, summons, warrant, order, notice or other mandatory process, or in respect of any damage caused to any property in effecting or attempting to effect execution, unless it appears that he or she knowingly acted in excess of the authority conferred upon him or her by such writ, summons, warrant, order, notice or other mandatory process of the court. (3) An officer of the Supreme Court is not to be deemed to have acted knowingly in excess of his or her authority merely by reason of the existence of a dispute as to the ownership of any property seized under any enforcement order or writ of distress. [Act 25 of 2021 wef 01/04/2022] (4) Where a registered medical practitioner, psychologist, counsellor, social worker or mental health professional is appointed by the General Division to examine and assess a child or person for the purposes of preparing expert evidence for use in any proceedings involving the custody or welfare of that child or involving that person (as the case may be), the registered medical practitioner, psychologist, counsellor, social worker or mental health professional (as the case may be) shall not be liable to be sued for an act done by him or her for the purposes of the examination or assessment, or the preparation of the expert evidence for use in those proceedings, if the act — ( a ) was done in good faith; and ( b ) did not involve any fraud or wilful misconduct on his or her part. [16/2016; 40/2019] (5) The Registrar, the Deputy Registrar, an Assistant Registrar or a court-appointed mediator is not liable to be sued for any act done by him or her for the purposes of any mediation or other alternative dispute resolution process conducted by him or her in the Supreme Court, if the act — ( a ) was done in good faith; and ( b ) did not involve any fraud or wilful misconduct on his or her part. [Act 25 of 2021 wef 01/04/2022] (6) Any person or entity who does any act, or does not do any act, in compliance with a prerogative order is immune from legal proceedings in respect of that act or omission. [Act 25 of 2021 wef 01/04/2022] Division 5 &#x2014; Rules of Court [40/2019]


document_id: scja-1969
provision_ref: s80
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 80
title: Rules of Court
content:
80. —(1) The Rules Committee constituted under subsection (3) may make Rules of Court regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in the General Division, the Appellate Division and the Court of Appeal respectively in all causes and matters whatsoever in or with respect to which those courts respectively have for the time being jurisdiction (including the procedure and practice to be followed in the Registry of the Supreme Court) and any matters incidental to or relating to any such procedure or practice. [40/2019] (2) Without limiting subsection (1), Rules of Court may be made for the following purposes: ( a ) prescribing the manner in which, and the time within which, any application which under this Act or any other written law is to be made to the General Division, the Appellate Division or the Court of Appeal must be made; ( b ) prescribing what part of the business which may be transacted and of the jurisdiction and powers which may be exercised by a Judge sitting in the General Division (whether in court or in chambers) may be transacted or exercised by the Registrar, the Deputy Registrar or an Assistant Registrar (including provisions for appeals against decisions of the Registrar, the Deputy Registrar or an Assistant Registrar); ( c ) regulating and prescribing the procedure to be followed in regard to proceedings under the Government Proceedings Act 1956 where such proceedings are instituted in the Supreme Court; ( d ) regulating and prescribing the procedure to be followed on appeals from any subordinate court to the General Division, the Appellate Division or the Court of Appeal and the procedure in connection with the transfer of any proceedings from any subordinate court to the General Division or from the General Division to a subordinate court; ( e ) regulating and prescribing the procedure to be followed on appeals from the General Division to the Appellate Division or the Court of Appeal, appeals from the Appellate Division to the Court of Appeal, the reference of any appeal by the Appellate Division to the Court of Appeal and the transfer of appeals between the Appellate Division and the Court of Appeal; ( ea ) prescribing what powers in sections 40(1) and 58(1) may be exercised by the Registrar, the Deputy Registrar or an Assistant Registrar (including provisions for the variation or discharge of any direction or order of the Registrar, the Deputy Registrar or an Assistant Registrar by a single Judge and for the finality of such variation or discharge); ( f ) prescribing the scales of allowances, costs and fees to be taken or paid to any party or witness in any proceedings in the General Division, the Appellate Division or the Court of Appeal, and regulating any matters relating to the costs of proceedings in such courts; ( g ) enabling proceedings — (i) to be commenced in the General Division against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or letters of administration has been made; (ii) purporting to have been commenced in the General Division by or against a person to be treated, if the person was dead at their commencement, as having been commenced by or against (as the case may be) the person’s estate, whether or not a grant of probate or letters of administration was made before their commencement; and (iii) commenced or treated as commenced in the General Division by or against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) by or against (as the case may be) a person appointed to represent the estate or, if a grant of probate or letters of administration is or has been made, by or against the personal representatives; ( h ) regulating the means by which particular facts may be proved, and the manner in which any factual, expert or opinion evidence may be adduced, in any proceedings or on any application in connection with or at any stage of any proceedings; ( i ) regulating the joinder of parties and prescribing in what cases persons absent, but having an interest in a cause or matter, are bound by any order made therein, and in what cause or matter orders may be made for the representation of absent persons by one or more parties to a cause or matter; ( j ) regulating the rate of interest payable on all debts, including judgment debts, or on the sums found due on taking accounts between parties, or on sums found due and unpaid by receivers or other persons liable to account to the court, except that the rate of interest must not in any case exceed 8% per annum, unless it has been otherwise agreed between the parties; ( k ) prescribing in what cases money due under a judgment or order is to be paid into court; ( l ) regulating the modes in which an enforcement order for seizure and sale of property may be executed, and the manner in which seizure may be made of any property seizable thereunder, and the mode of sale by the Sheriff or any other officer of the Supreme Court of any property so seized, and the manner in which the right and title of purchasers of the property at any sale by any officer of the Supreme Court may be secured to the purchasers; [Act 25 of 2021 wef 01/04/2022] ( m ) regulating the discovery of a judgment debtor’s property in aid of the enforcement of any judgment or order; [Act 25 of 2021 wef 01/04/2022] ( n ) the taking of evidence before an examiner on commission or by letters of request, and prescribing the circumstances in which evidence so taken may be read on the trial of an action; ( o ) prescribing in what cases and on what conditions a court may act upon the certificate of accountants, actuaries or other scientific persons; ( p ) prescribing the duties of the Accountant in respect of funds or property in the custody of the court, and in particular prescribing the mode of transfer of securities into the name of the Accountant, and the method of investment of any such funds, and the rate of interest to be charged thereon, and the manner in which unclaimed funds may be dealt with; ( q ) prescribing anything that is required or permitted under this Act to be prescribed by the Rules of Court; [Act 25 of 2021 wef 01/04/2022] ( r ) prescribing the fees and deposits payable for proceedings in the General Division, the Appellate Division and the Court of Appeal. [Act 25 of 2021 wef 01/04/2022] [46/2018; 40/2019] (2A) Without limiting subsection (1), Rules of Court may be made in relation to the Singapore International Commercial Court for the following purposes: ( a ) to provide for different procedures and practices to be followed in respect of proceedings in that Court and in appeals from that Court; ( b ) to prescribe, for the purposes of section 18D(1), what constitutes an action of an international and commercial nature, and any other conditions that an action must satisfy before that Court may hear and try the action; ( c ) to prescribe, for the purposes of section 18D(2) — (i) what constitutes an international commercial arbitration, and any conditions that any proceedings must satisfy before that Court may hear those proceedings; and (ii) what constitutes a corporate insolvency, restructuring or dissolution under the Insolvency, Restructuring and Dissolution Act 2018, or under the Companies Act 1967 * as in force immediately before 30 July 2020, that is international and commercial in nature, and any conditions that any proceedings must satisfy before that Court may hear those proceedings; [Act 25 of 2021 wef 01/10/2022] ( ca ) to prescribe, for the purposes of section 18D(3)( b ), any conditions that a counterclaim must satisfy before that Court can hear and try the counterclaim; [Act 25 of 2021 wef 01/04/2022] ( cb ) to prescribe, for the purposes of section 18D(3)( c ), any requirements for the issue of proceedings against a third party; [Act 25 of 2021 wef 01/04/2022] ( cc ) to prescribe, for the purposes of section 18D(3)( d ), any requirements for the issue of proceedings against a subsequent party. [Act 25 of 2021 wef 01/04/2022] ( d ) to prescribe, for the purposes of section 18J, the conditions to be satisfied before a case can be transferred to or from that Court, and to provide for the making of, and other matters related to, any consequential order mentioned in section 18J(3)( b ); ( e ) to prescribe, for the purposes of section 18K, the cases in which and the extent to which that Court is not bound to apply any rule of evidence under Singapore law, and the rules of evidence (if any) to be applied in those cases; ( f ) to prescribe, for the purposes of section 18L, any conditions to be satisfied before an order can be made under section 18L(1), and the matters which that Court may have regard to in determining any question of foreign law on the basis of submissions; ( g ) to prescribe, for the purposes of section 18M, any conditions to be satisfied before a party can be represented by a foreign lawyer or law expert in that Court or in an appeal from that Court; ( h ) to prescribe the circumstances where that Court may make a judgment or an order without hearing oral arguments; ( i ) to declare to be final, for the purposes of paragraph 1 of the Fourth Schedule, any judgment or order of that Court (not being a judgment or an order that finally disposes of an action on its merits); ( j ) to prescribe the fees and deposits payable for proceedings in that Court and in appeals from that Court; ( k ) to provide for the Registrar to decline to administer, or decline to continue administering, a case in that Court or an appeal from that Court if any fee or deposit mentioned in paragraph ( j ) is not paid. [42/2014; 1/2018; 22/2018; 46/2018] [*Updated to be consistent with the 2020 Revised Edition] (2B) The Rules of Court may, instead of providing for any matter, refer to any provision made or to be made for that matter by practice directions issued for the time being by the Registrar. [Act 25 of 2021 wef 01/04/2022] (3) The Rules Committee consists of — ( a ) the Chief Justice, who is the Chairperson of the Committee; ( b ) the Attorney-General; ( c ) not more than 5 Supreme Court Judges (excluding the Presiding Judge of the State Courts) to be appointed by the Chief Justice for such period as the Chief Justice may specify in writing; ( d ) the Presiding Judge of the State Courts; ( e ) a District Judge to be appointed by the Chief Justice for such period as the Chief Justice may specify in writing; and ( f ) 2 practising advocates and solicitors to be appointed by the Chief Justice for such period as the Chief Justice may specify in writing. [4/2010; 5/2014; 40/2019] (4) At any meeting of the Rules Committee, 5 members form a quorum and all questions are to be decided by a majority of votes of the members present and voting. (5) No Rules of Court may be made without the consent of the Chief Justice. (6) All Rules of Court made under this section must be presented to Parliament as soon as possible after publication in the Gazette . Division 6 &#x2014; Council of Judges [40/2019]


document_id: scja-1969
provision_ref: s81
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 81
title: Council of Judges to consider operation of this Act, etc.
content:
81. A council of the Supreme Court Judges is to assemble at least once in every year, on such day or days as may be fixed by the Chief Justice, for the purpose of — ( a ) considering the operation of this Act and of any Rules of Court; ( b ) considering the working of the Registry of the Supreme Court and the arrangements relative to the duties of the officers of the Supreme Court; and ( c ) inquiring and examining into any defects which may appear to exist in the system of procedure or the administration of the law in the General Division, the Appellate Division or the Court of Appeal or in any subordinate court. [40/2019] Division 7 &#x2014; Supplemental [40/2019]


document_id: scja-1969
provision_ref: s82
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 82
title:
Conversion of pending petitions and motions to writs of summons, originating summonses and summonses

content:
82. —(1) Where — ( a ) under any written law any civil action or application may be commenced in or made to the Court of Appeal, a Judge of Appeal, the High Court, a Judge or the Registrar (called in this section the Court); and ( b ) the provisions under any written law by virtue of which such an action or application was required to be commenced or made by way of a petition, a motion or an originating motion have been amended so as to require that any such action or application must, as from the date appointed for the coming into operation of the amendment, be commenced or made by way of a writ of summons, an originating summons or a summons, then, if any such action or application that has been commenced or made before that date by way of a petition, a motion or an originating motion is still pending before the Court on or after that date, the Court may, if it thinks just and expedient, order that the action or application (called in this section a pending action or application) be converted to and be continued as an action or application commenced or made by way of a writ of summons, an originating summons or a summons, as is appropriate. (2) The Chief Justice may, where he or she considers it necessary or expedient to improve efficiency in the administration of justice, by order direct that any class or description of pending actions or applications before the Court be converted to and be continued as actions or applications commenced or made by way of a writ of summons, an originating summons or a summons, as is appropriate. (3) Where pursuant to subsection (1) or (2) any pending action or application has been converted to an action or application commenced or made by way of a writ of summons, an originating summons or a summons — ( a ) the action or application is to be continued in accordance with the provisions of the relevant written law and the practice and procedure as are in force and applicable in relation to that action or application at the time of the conversion; and ( b ) the Court may give to the parties to the action or application such directions as to the conduct and costs of the action or application as it thinks just and expedient for the purpose of facilitating the conversion of the action or application to an action or application commenced or made by way of a writ of summons, an originating summons or a summons (as the case may be) and its continuance as such.


document_id: scja-1969
provision_ref: s83
chapter: PART 7 - MISCELLANEOUS PROVISIONS
section: 83
title: Amendment of Third to Ninth Schedules
content:
83. —(1) The Minister may, after consulting the Chief Justice, by order in the Gazette , amend the Third, Fourth, Fifth, Sixth, Seventh or Ninth Schedule. [30/2010; 46/2018; 40/2019] [Act 25 of 2021 wef 01/04/2022] (1A) Without limiting subsection (1), the Seventh Schedule may make different provisions for the Appellate Division and the Court of Appeal. [40/2019] [Act 25 of 2021 wef 01/04/2022] (2) An order under subsection (1) may contain such saving and transitional provisions as may appear to the Minister, after consulting the Chief Justice, to be necessary or expedient. [30/2010]


document_id: scma-2020
provision_ref: s2
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Convention” means the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention on Mediation, opened for signature on 7 August 2019 in Singapore, a copy of the English text of which is set out in the Schedule; “international settlement agreement” means a settlement agreement to which this Act applies under section 3; “mediation” means a process (whether referred to by the expression “mediation” or “conciliation” or any term of similar import) — ( a ) by which the parties to the mediation attempt to reach an amicable settlement of their dispute with the assistance of one or more third parties (called in this Act the mediator); and ( b ) in which the mediator lacks the authority to impose a solution upon the parties to the dispute; “parties”, in relation to a mediation, does not include any mediator conducting the mediation; “settlement agreement” means an agreement resulting from mediation and concluded in writing by the parties to the mediation to resolve a commercial dispute. (2) For the purposes of the definition of “settlement agreement” in subsection (1) — ( a ) a settlement agreement is in writing if the contents of the settlement agreement are recorded in any form; and ( b ) the requirement that a settlement agreement be in writing is met by an electronic communication if the information contained in the communication is accessible to be useable for subsequent reference. (3) For the purposes of this Act, a reference to a State is to be read in conformity with articles 12 and 13 of the Convention. (4) A reference in this Act to the High Court is, on or after 2 January 2021, a reference to the General Division of the High Court. (5) A reference in this Act to the Court of Appeal is, on or after 2 January 2021, a reference to the Appellate Division of the High Court or the Court of Appeal.


document_id: scma-2020
provision_ref: s3
section: 3
title: Application of Act
content:
3. —(1) Subject to subsection (2), this Act applies to a settlement agreement which, at the time of its conclusion, is international within the meaning of article 1, paragraph 1( a ) and ( b ), read with article 2, paragraph 1, of the Convention. (2) This Act does not apply to — ( a ) a settlement agreement mentioned in article 1, paragraph 2 or 3 of the Convention; or ( b ) a settlement agreement in relation to which a reservation by Singapore under article 8 of the Convention has been made and the reservation is not withdrawn. (3) Articles 12 and 13 of the Convention apply to the interpretation of the articles of the Convention mentioned in subsections (1) and (2). (4) This Act binds the Government.


document_id: scma-2020
provision_ref: s4
section: 4
title: Applications in respect of international settlement agreements
content:
4. —(1) Subject to this Act, a party to an international settlement agreement may — ( a ) apply to the High Court to record the agreement as an order of court for the purposes of — (i) enforcing the agreement in Singapore; or (ii) invoking the agreement in any court proceedings in Singapore involving a dispute concerning a matter that the party to the international settlement agreement claims was already resolved by the agreement, in order to prove that the matter has already been resolved; or ( b ) in any proceedings in the High Court (whether exercising its original or appellate jurisdiction), or in any proceedings in the Court of Appeal — (i) to which the party to the international settlement agreement is a party; and (ii) which involves a dispute concerning a matter that the party claims was already resolved by the agreement, apply to the High Court or the Court of Appeal (as the case may be) to invoke the agreement in the proceedings in order to prove that the matter has already been resolved. (2) This section does not limit or restrict any right or remedy of a party to an international settlement agreement that exists or may arise apart from this Act.


document_id: scma-2020
provision_ref: s5
section: 5
title: Grant of permission to record international settlement agreement as order of High Court
content:
5. —(1) The High Court may, following an application under section 4(1)( a ), grant permission to record an international settlement agreement as an order of court if the requirements of this Act are complied with. [Act 25 of 2021 wef 01/04/2022] (2) Subject to this Act, an international settlement agreement that is recorded by the High Court as an order of court — ( a ) may be enforced in the same manner as a judgment given, or an order made, by the High Court; and ( b ) may be relied on by the party who made the application under section 4(1)( a ) by way of defence, set‑off or otherwise in any court proceedings. [Act 25 of 2021 wef 01/04/2022]


document_id: scma-2020
provision_ref: s6
section: 6
title: Requirements for applications under section 4
content:
6. —(1) A party to an international settlement agreement making an application mentioned in section 4(1) must provide to the court before which the application is made the following documents and evidence: ( a ) the international settlement agreement signed by the parties to the agreement or a certified copy of the signed agreement; ( b ) evidence that the international settlement agreement resulted from mediation, such as — (i) the signature on the international settlement agreement of the mediator conducting the mediation; (ii) a document signed by the mediator conducting the mediation indicating that the mediation was carried out; (iii) an attestation by the institution that administered the mediation; or (iv) in the absence of sub‑paragraph (i), (ii) or (iii), any other evidence acceptable to the court before which the application is made. (2) A requirement under subsection (1) that the international settlement agreement be signed by the parties to the agreement or by the mediator conducting the mediation that resulted in the international settlement agreement is met, in relation to an electronic communication, if — ( a ) a method is used to identify the parties or the mediator (as the case may be) and to indicate the parties’ or mediator’s intention (as the case may be) in respect of the information contained in the electronic communication; and ( b ) the method used is either — (i) as reliable as is appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement; or (ii) proven in fact to have fulfilled the functions described in paragraph ( a ), by itself or together with further evidence. (3) A party to the international settlement agreement making an application mentioned in section 4(1) may be required by the court before which the application is made to provide any necessary document in order to verify that the requirements of the Convention have been complied with. (4) If the international settlement agreement is not in English, the international settlement agreement must be accompanied by a certified translation of it in the English language. (5) In this section, “certified” means certified — ( a ) in the manner set out in rules prescribed by the Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969; or ( b ) in the manner determined by the court before which the application mentioned in section 4(1) is made.


document_id: scma-2020
provision_ref: s7
section: 7
title: Grounds for refusing application
content:
7. —(1) The court before which an application mentioned in section 4(1) is made may, at the request of the party ( A ) against whom the international settlement agreement is sought to be enforced or invoked, refuse to grant the application if A furnishes proof of any of the grounds set out in subsection (2). (2) For the purposes of subsection (1), the grounds are the following: ( a ) that a party to the international settlement agreement was under some incapacity; ( b ) that the international settlement agreement — (i) is null and void, inoperative or incapable of being performed under the law to which the parties have validly subjected it or, failing any indication thereon, under the law deemed applicable by the court before which the application is made; (ii) is not binding, or is not final, according to its terms; or (iii) has been subsequently modified; ( c ) that the obligations in the international settlement agreement — (i) have been performed; or (ii) are not clear or comprehensible; ( d ) that it is contrary to the terms of the international settlement agreement for the application mentioned in section 4(1) to be granted; ( e ) that there was a serious breach by the mediator who conducted the mediation that resulted in the international settlement agreement of the standards applicable to the mediator, or the mediation, without which breach A would not have entered into the international settlement agreement; ( f ) that — (i) there was a failure by the mediator to disclose to the parties to the international settlement agreement circumstances that raise justifiable doubts as to the mediator’s impartiality or independence; and (ii) the failure to disclose mentioned in sub‑paragraph (i) had a material impact or undue influence on a party, without which failure that party would not have entered into the international settlement agreement. (3) In addition to subsection (1), the court before which an application mentioned in section 4(1) is made may also refuse to grant the application if — ( a ) it would be contrary to the public policy of Singapore for the application to be granted; or ( b ) the subject matter of the dispute purported to be settled by the international settlement agreement is not capable of settlement by mediation under the law in force in Singapore.


document_id: scma-2020
provision_ref: s8
section: 8
title: Setting aside of order of court
content:
8. Where an international settlement agreement has been recorded as an order of court under section 5(2) in the absence of the party against whom the order of court is sought to be enforced or invoked, the High Court may, upon the application of that party, set aside the order of court on any ground on which the High Court may refuse to grant the application mentioned in section 4(1)( a ) to record the international settlement agreement as an order of court.


document_id: scma-2020
provision_ref: s9
section: 9
title: Parallel applications or claims
content:
9. If an application or a claim relating to an international settlement agreement has been made to a court of any State, any arbitral tribunal or any other competent authority which may affect the grant of an application mentioned in section 4(1), the court before which the application mentioned in section 4(1) is made may — ( a ) if the court before which the application is made considers it proper, adjourn the decision on the application; and ( b ) on the request of a party, order the other party to give suitable security.


document_id: scma-2020
provision_ref: s10
section: 10
title: Rules of Court
content:
10. The Rules Committee constituted under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court with respect to — ( a ) applications and other proceedings, and the practice and procedure, of any court in respect of any matter under this Act; and ( b ) the fees and costs of those applications and other proceedings.


document_id: scma-2020
provision_ref: s11
section: 11
title: Regulations
content:
11. —(1) The Minister may make regulations prescribing matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) The power conferred by subsection (1) does not extend to any matter for which Rules of Court mentioned in section 10 may be made.


document_id: scpa-1979
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “building” includes any completed building, or any building partially completed or to be erected, and intended for any strata subdivision as shown in a development plan approved by the relevant competent authority under the Planning Act 1998 or is comprised in one or more lots as shown in a strata title plan lodged with the Registrar of Titles; “Building Authority” has the meaning given by the Building Control Act 1989; “building project” means a building project consisting of any commercial property; [Act 54 of 2018 wef 28/06/2023] “commercial property” means a horizontal stratum of any building or part thereof, whether the stratum is on one or more levels or is partially or wholly below the surface of the ground, and is intended for use in accordance with the provisions of any written law as a complete and separate unit for any purpose other than a residential purpose; “Controller” means the Controller of Housing appointed under section 3 of the Housing Developers (Control and Licensing) Act 1965; “developer” means any person who, in the course of business, undertakes — ( a ) the construction of commercial property for the purpose of sale by the person; and ( b ) the sale by the person of land which would be appurtenant to such commercial property; [Act 54 of 2018 wef 28/06/2023] “FATF” means the intergovernmental body known as the Financial Action Task Force; [Act 54 of 2018 wef 28/06/2023] “FATF Recommendations” means the recommendations issued by the FATF from time to time relating to the prevention of money laundering, proliferation financing and terrorism financing; [Act 54 of 2018 wef 28/06/2023] [Act 15 of 2025 wef 01/07/2025] “land” includes land of any tenure, any building or part thereof, so much of the airspace above the surface as may be reasonably used or enjoyed by any proprietor, and so much of the subterranean space below the surface as is reasonably necessary for the use and enjoyment of the land, whether or not held apart from the surface, and any estate or interest therein; “lot” means a stratum which is shown as a lot on a strata title plan; [ Deleted by Act 15 of 2025 wef 01/07/2025 ] “money laundering, proliferation financing or terrorism financing offence” means an offence under — ( a ) sections 50 to 57 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992; ( b ) the Terrorism (Suppression of Financing) Act 2002; ( c ) any regulations made under the United Nations Act 2001; ( d ) section 5A(5), 5B(5), 5C(6), 5D(2) or 5E(4) or any rules made under this Act for the prevention of money laundering, proliferation financing and terrorism financing, or for the reporting of transactions suspected of involving money laundering, proliferation financing or terrorism financing; ( e ) section 12A(2), 12B(3), 12C(5), 12D(2), 12E(6) or 12F(2) of the Housing Developers (Control and Licensing) Act 1965 or any rules made under that Act for the prevention of money laundering, proliferation financing and terrorism financing, or for the reporting of transactions suspected of involving money laundering, proliferation financing or terrorism financing; ( f ) any provision of any other written law relating to the prevention of money laundering, proliferation financing or terrorism financing; or ( g ) the law of any foreign country or territory relating to the prevention of money laundering, proliferation financing or terrorism financing; [Act 15 of 2025 wef 01/07/2025] “proliferation financing” means the financing of the proliferation of weapons of mass destruction; [Act 15 of 2025 wef 01/07/2025] “purchaser”, in relation to a developer, means a person — ( a ) to whom the developer grants an option to purchase from the developer any commercial property in a building project undertaken by that developer; or ( b ) who agrees to purchase from the developer any commercial property in a building project undertaken by that developer, and includes a prospective purchaser; [Act 54 of 2018 wef 28/06/2023] “Registrar of Titles” means the Registrar of Titles appointed under the Land Titles Act 1993; “registered land” has the meaning given by the Land Titles (Strata) Act 1967; “strata subdivision” has the meaning given by the Land Titles (Strata) Act 1967; “strata title plan” means a plan of registered land showing strata subdivision of any building into 2 or more lots and contains the particulars prescribed by section 10 of the Land Titles (Strata) Act 1967; “stratum” means any part of land consisting of a space of any shape below, on or above the surface of the land, or partly below and partly above the surface of the land, the dimensions of which are delineated; [Act 54 of 2018 wef 28/06/2023] “substantial shareholder”, in relation to a company, has the meaning given by section 81 of the Companies Act 1967. [3/98; 11/2015] [Act 54 of 2018 wef 28/06/2023] [Act 15 of 2025 wef 01/07/2025]


document_id: scpa-1979
provision_ref: s3
section: 3
title: Prohibition on sale of any commercial property without building approval
content:
3. —(1) A person must not sell any commercial property unless the plans for the construction or erection of the commercial property have been approved by the Building Authority. (2) For the purposes of this section, a person is said to sell a commercial property if — ( a ) by an agreement in writing, the person agrees to divest the person’s estate or interest in the commercial property to another person for valuable consideration; or ( b ) by any deed or instrument, the person conveys, assigns, demises or otherwise disposes of the commercial property in such a manner so that it becomes capable of being registered under the Registration of Deeds Act 1988, the Land Titles Act 1993 or the Land Titles (Strata) Act 1967. (3) A lease or an agreement for a lease for a term of years not exceeding 7 years without the option of renewal or purchase is not to be deemed a sale for the purposes of this section.


document_id: scpa-1979
provision_ref: s4
section: 4
title: Option to purchase
content:
4. An option to purchase any commercial property given by a vendor to a purchaser must be in such form as may be prescribed, except that any additional term or condition which in substance does not affect the prescribed form may be included in the form.


document_id: scpa-1979
provision_ref: s5
section: 5
title: Terms and conditions in agreement for sale and purchase
content:
5. —(1) Every agreement for the sale and purchase of a commercial property must contain such terms and conditions of sale as may be prescribed by rules made under this Act. (2) Any term or condition of sale in an agreement of sale and purchase mentioned in subsection (1) which is inconsistent with the terms and conditions of sale prescribed by rules made under this Act is to the extent of the inconsistency void.


document_id: scpa-1979
provision_ref: s5A
section: 5A
title: Prevention of money laundering, proliferation financing and terrorism financing
content:
5A. —(1) A developer must not, in connection with any building project developed by the developer, open or maintain any account for, or hold and receive moneys from — ( a ) an anonymous source; or ( b ) a purchaser with an obviously fictitious name. (2) A developer must perform such customer due diligence measures as may be prescribed at such times as may be prescribed. (3) A developer must perform — ( a ) the prescribed measures relating to targeted financial sanctions against terrorism, terrorism financing and proliferation financing; and [Act 15 of 2025 wef 01/07/2025] ( b ) any prescribed additional measures which are necessary or expedient to give effect to any relevant FATF Recommendation. (4) Where a developer knows or has reasonable grounds to suspect any matter mentioned in section 45(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992, the developer must, in accordance with section 45 of that Act, disclose the matter to a Suspicious Transaction Reporting Officer under that Act by way of a suspicious transaction report. [Act 15 of 2025 wef 01/07/2025] (5) A developer that contravenes subsection (1), (2), (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. [Act 54 of 2018 wef 28/06/2023] [Act 15 of 2025 wef 01/07/2025]


document_id: scpa-1979
provision_ref: s5B
section: 5B
title: Record keeping
content:
5B. —(1) A developer must keep, for such period as may be prescribed, all documents and information (including any analysis performed) relating to a person that the developer obtains as a result of performing the customer due diligence measures required by section 5A(2). (2) For the purposes of subsection (1), different periods may be prescribed for different documents and information. (3) A developer must keep the documents and information required to be kept under subsection (1) in such form as may be prescribed. (4) A developer must make the documents and information required to be kept under subsection (1) available upon request to the Controller or an inspector and such other authorities as may be prescribed. (5) A developer that contravenes subsection (1), (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. [Act 54 of 2018 wef 28/06/2023]


document_id: scpa-1979
provision_ref: s5C
section: 5C
title:
Programmes and measures to prevent money laundering, proliferation financing and terrorism financing

content:
5C. —(1) Without limiting sections 5A and 5B, a developer must, in relation to its business of carrying on or undertaking a building project in Singapore, implement adequate programmes and measures to prevent money laundering, proliferation financing and terrorism financing. [Act 15 of 2025 wef 01/07/2025] (2) A developer must, in particular — ( a ) take appropriate steps to identify, assess and understand the money laundering, proliferation financing and terrorism financing risks in relation to — (i) its purchasers; (ii) the countries or jurisdictions which its purchasers are from or in; (iii) the countries or jurisdictions in which the developer has operations; and (iv) its services, transactions and delivery channels; [Act 15 of 2025 wef 01/07/2025] ( b ) for the purpose of paragraph ( a ) — (i) document its risk assessments; (ii) consider all relevant risk factors before determining the overall level of risk and the appropriate type and extent of mitigation to be applied; (iii) keep its risk assessments up to date; and (iv) have appropriate mechanisms to provide its risk assessments to the Controller; ( c ) develop and implement internal policies, procedures and controls, which must be approved by its senior management, to manage and effectively mitigate the money laundering, proliferation financing and terrorism financing risks identified by it or notified to it by the Controller, including — (i) making appropriate compliance management arrangements, including the appointment of a compliance officer at the management level; and (ii) applying adequate screening procedures when hiring employees; [Act 15 of 2025 wef 01/07/2025] ( d ) have an ongoing programme to train employees on the internal policies, procedures and controls mentioned in paragraph ( c ); ( e ) have an independent audit function to test the internal policies, procedures and controls mentioned in paragraph ( c ); and ( f ) monitor the implementation of the internal policies, procedures and controls mentioned in paragraph ( c ), and enhance them if necessary. (3) The type and extent of the measures to be taken under subsections (1) and (2) must be appropriate having regard to the risk of money laundering, proliferation financing and terrorism financing and the size of the developer’s business. [Act 15 of 2025 wef 01/07/2025] (4) Where a developer is a company incorporated in Singapore and has a branch or subsidiary, whether in Singapore or elsewhere, the developer must develop and implement a group‑level programme to prevent money laundering, proliferation financing and terrorism financing, which programme — ( a ) must be applicable to the developer’s branches and subsidiaries, whether in Singapore or elsewhere; ( b ) must include the measures specified under subsection (2); ( c ) must be appropriate to the business of the developer’s branches and subsidiaries; ( d ) must be implemented effectively at the level of the developer’s branches and subsidiaries; ( e ) must include policies and procedures for providing and sharing information required for the purposes of customer due diligence measures prescribed for the purposes of section 5A(2) and generally for the management of risks relating to money laundering, proliferation financing and terrorism financing; and [Act 15 of 2025 wef 01/07/2025] ( f ) must include adequate safeguards on the confidentiality and use of information exchanged between the developer and its branches and subsidiaries. [Act 15 of 2025 wef 01/07/2025] (5) Where a developer mentioned in subsection (4) has a branch or subsidiary in a country or territory outside Singapore that has laws for the prevention of money laundering, proliferation financing or terrorism financing that differ from those in Singapore — ( a ) the developer must require the management of that branch or subsidiary to apply the more stringent set of laws, to the extent that the law of the host country or territory permits; and ( b ) where that branch or subsidiary is unable to fully apply the more stringent set of laws, the developer must report this to the Controller and must, in lieu of paragraph ( a ), comply with such directions as may be given by the Controller. [Act 15 of 2025 wef 01/07/2025] (6) A developer that contravenes subsection (1), (2), (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. [Act 54 of 2018 wef 28/06/2023] [Act 15 of 2025 wef 01/07/2025]


document_id: scpa-1979
provision_ref: s5D
section: 5D
title: Persons disqualified from being substantial shareholder of developer
content:
5D. —(1) A person — ( a ) who has been convicted (whether before, on or after the date of commencement of section 17( i ) of the Anti‑Money Laundering and Other Matters (Estate Agents and Developers) Act 2025) of any money laundering, proliferation financing or terrorism financing offence; or [Act 15 of 2025 wef 01/07/2025] ( b ) if a company, partnership, society or limited liability partnership, which has an individual mentioned in paragraph ( a ) holding a responsible position in that company, partnership, society or limited liability partnership, as the case may be, must not be or become a substantial shareholder of a developer, whether by increasing the person’s shareholding in the developer or otherwise. (2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. [Act 54 of 2018 wef 28/06/2023]


document_id: scpa-1979
provision_ref: s5E
section: 5E
title: Persons disqualified from being in responsible position
content:
5E. —(1) Subject to subsection (2), each of the following persons must not hold or continue to hold a responsible position in a developer: ( a ) a person who has been convicted (whether before, on or after the date of commencement of section 17( i ) of the Anti‑Money Laundering and Other Matters (Estate Agents and Developers) Act 2025) of any money laundering, proliferation financing or terrorism financing offence; [Act 15 of 2025 wef 01/07/2025] ( b ) a person who is convicted of an offence (whether in Singapore or elsewhere and whether before, on or after the date of commencement of section 10 of the Developers (Anti‑Money Laundering and Terrorism Financing) Act 2018) involving fraud or dishonesty; ( c ) a person who is an undischarged bankrupt (whether in Singapore or elsewhere) or who suspends payment to or compounds with the person’s creditors. (2) The disqualification in subsection (1)( b ) ceases for a person at the end of 5 years beginning from — ( a ) the date of the person’s conviction; or ( b ) if the person is imprisoned, the date on which the person convicted is released from custody, whichever date is later. (3) In this section, “responsible position”, for a developer, means — ( a ) in the case of a developer that is a company — a director, manager or secretary or a person in a position analogous to that of a director, manager or secretary; ( b ) in the case of a developer that is a society — a president, secretary or treasurer or a person in a position analogous to that of a president, secretary or treasurer; ( c ) in the case of a developer that is a partnership — a partner; ( d ) in the case of a developer that is a limited liability partnership — a partner or manager or a person in a position analogous to that of a manager; or ( e ) in the case of a developer that is a group of persons — any person in that group. (4) A person who contravenes subsection (1)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. (5) A person who contravenes subsection (1)( b ) or ( c ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both. (6) To avoid doubt, this section applies without limiting any other restriction or prohibition in any other written law relating to companies, co‑operative societies, societies, limited liability partnerships or partnerships. [Act 54 of 2018 wef 28/06/2023]


document_id: scpa-1979
provision_ref: s6
section: 6
title: Penalty
content:
6. Any person who fails to comply with any of the provisions of this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both.


document_id: scpa-1979
provision_ref: s7
section: 7
title: Power to give directions
content:
7. —(1) The Controller may give directions in writing to any person to ensure compliance with the provisions of this Act or any rules made under this Act. (2) Any person who fails to act or omits to act in accordance with any such direction shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and to a further fine not exceeding $1,000 for every day during which the offence continues after conviction.


document_id: scpa-1979
provision_ref: s7A
section: 7A
title: Power to require production of documents, etc.
content:
7A. —(1) In order to ascertain whether sections 5A to 5E, or any rules made under this Act for the prevention of money laundering, proliferation financing and terrorism financing, or for the reporting of transactions which may involve money laundering, proliferation financing or terrorism financing, necessary or expedient to give effect to any relevant FATF Recommendation, are being complied with, the Controller may, on the Controller’s own motion or upon receiving any written complaint, require a developer, or a partner or director of or other person holding a responsible position in a developer which is not an individual or a sole proprietorship — ( a ) to produce any document; or ( b ) to provide any information, to the Controller or any person appointed by the Controller. [Act 15 of 2025 wef 01/07/2025] (2) The Controller or the person appointed by the Controller under subsection (1) may — ( a ) retain the document provided and make and retain copies of the document; and ( b ) record the information provided. (3) The Controller may use the document or information obtained as a basis, or disclose the document, information or explanation, for all or any of the following purposes: ( a ) an investigation of any criminal offence, and any subsequent criminal proceedings, under this Act or any other written law; ( b ) any regulatory action under section 7 of the Housing Developers (Control and Licensing) Act 1965 against a licensed housing developer. [Act 15 of 2025 wef 01/07/2025] (4) A person — ( a ) who intentionally alters, suppresses or destroys any document or information which the person has been required under this section to produce or provide; ( b ) who, in producing any document or providing any information required under this section, makes any statement which the person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular; or ( c ) who, without reasonable excuse, fails to do anything required of the person under subsection (1), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000. (5) Any power under this section to require a person to produce any document or to provide information includes the power — ( a ) to take reasonable steps to require the person to produce the document or provide the information immediately or at a place and time specified in writing; ( b ) to require the person to provide an explanation of the document or information; ( c ) if the document or information is not produced or provided, to require the person to state, to the best of the person’s knowledge and belief, where the document or information is; and ( d ) if the information is recorded in electronic form or otherwise than in legible form, to require the information to be made available in the form or format specified by the Controller, inspector or the person appointed by the Controller under subsection (2), or in a legible form. [Act 54 of 2018 wef 28/06/2023]


document_id: scpa-1979
provision_ref: s8
section: 8
title:
Controller may issue directions when developer has not sought direction of Registrar under section 16 of Land Titles Act, etc.

content:
8. —(1) Where a developer has sold any commercial property and has not — ( a ) sought the direction of the Registrar of Titles under section 16 of the Land Titles Act (Cap. 157, 1985 Revised Edition) or complied with the direction; ( b ) applied for the grant of subdivision permission under section 14 of the Planning Act 1998 or complied with the requirements of the competent authority necessary for the purpose of obtaining written permission for such strata subdivision; ( c ) employed any registered surveyor who has in force a practising certificate to carry out the necessary surveys and prepare the necessary plans for submission to the Chief Surveyor to enable a subsidiary strata certificate of title to be issued for the commercial property, or has failed to cause amendments to these plans to be made as required by the Chief Surveyor; ( d ) in the case where the Registrar of Titles has directed under section 16 of the Land Titles Act (Cap. 157, 1985 Revised Edition) that the land on which the commercial property is built be brought under the provisions of the Land Titles Act (Cap. 157, 1985 Revised Edition), obtained a subsidiary strata certificate of title for the property under the provisions of the Land Titles (Strata) Act 1967; ( e ) discharged any mortgage (whether legal or equitable) or charge on the land of which the commercial property forms part so as to enable the developer to fulfill the developer’s obligation as vendor to complete the sale and purchase of the commercial property; or ( f ) executed and delivered to the purchaser an assurance of the commercial property sold on or before the date fixed for completion of the sale as agreed between the developer and the purchaser, the Controller may, in his or her discretion, issue directions in writing to the developer to take such steps or action as the Controller may specify within such time or times as the Controller may appoint. [3/98; 24/91] (2) Any person who refuses or fails to comply with any direction of the Controller given under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding one year or to both and to a further fine not exceeding $1,000 for every day during which the offence continues after conviction. (3) Any exercise of the powers conferred upon the Controller by subsection (1) does not prejudice the right of the purchaser to claim liquidated damages for the developer’s failure to complete the sale of any commercial property on or before the date appointed for the completion of the sale of the property. (4) For the purposes of this section — “developer” means any person who has obtained the approval of the competent authority to develop any land pursuant to the Planning Act 1998 and includes the person’s executors and administrators, successors‑in‑title or assigns; “purchaser” includes a sub‑purchaser. (5) The powers conferred upon the Controller under this section may be exercised with respect to any commercial property sold by a developer at any time before 20 July 1979.


document_id: scpa-1979
provision_ref: s9
section: 9
title: Offences committed by body corporate
content:
9. Where a body corporate is guilty of an offence under this Act and the rules made under this Act, any person who was at the time of the commission of the offence a director, manager, secretary or other similar officer of the body corporate, or was purporting to act in any such capacity, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly, unless the person proves that the offence was committed without his or her consent or connivance and that he or she exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised, having regard to the nature of his or her functions in that capacity and to all the circumstances.


document_id: scpa-1979
provision_ref: s9A
section: 9A
title: Composition of offences
content:
9A. —(1) The Controller may compound any offence under this Act or any rules made under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding one half of the amount of the maximum fine that is prescribed for the offence. (2) On payment of the sum of money, no further proceedings may be taken against that person in respect of the offence. (3) The Minister may make rules to prescribe the offences which may be compounded. (4) All sums collected under this section must be paid to the Consolidated Fund. [Act 15 of 2025 wef 01/07/2025]


document_id: scpa-1979
provision_ref: s10
section: 10
title: Rules
content:
10. —(1) The Minister may make rules for or in respect of every purpose which the Minister considers necessary for carrying out the provisions of this Act and for the prescribing of any matter which is authorised or required under this Act to be prescribed. (2) Without limiting subsection (1), the Minister may by such rules — ( a ) regulate the advertisements for the sale of commercial properties; ( b ) prescribe the form of the option for the purchase of any commercial property; ( c ) provide for the payments by the purchaser before and during the construction of the commercial property, including — (i) the maximum amount of the deposit that may be accepted from a purchaser before an agreement for the sale and purchase of the property is signed and on the signing of such an agreement, and the conditions that must be satisfied before a vendor of the property may sign such an agreement with a purchaser; (ii) the stage of construction at which each instalment becomes payable and the percentage in relation to the total cost of the property that is payable in respect of the instalment; (iii) the requirements to be fulfilled before a vendor can require a purchaser to pay an instalment which is due; and (iv) the percentage of the total purchase price, which the purchaser is not required to pay before the certificate of statutory completion is issued by the Building Authority; ( ca ) require the disclosure, in any sale and purchase agreement, of any limited common property comprised in the commercial property to be sold; ( d ) regulate the form or forms of an agreement for the sale and purchase of any commercial property; [Act 54 of 2018 wef 28/06/2023] ( e ) prescribe the conditions which, if used in any agreement for the sale and purchase of any commercial property, are void; [Act 54 of 2018 wef 28/06/2023] ( f ) provide for the prevention of money laundering, proliferation financing and terrorism financing, or for the reporting of transactions which may involve money laundering, proliferation financing or terrorism financing, necessary or expedient to give effect to any relevant FATF Recommendation, including describing — (i) the measures which a developer must take when preparing for or carrying out any transaction concerning a building project; (ii) the customer due diligence measures which must be conducted by a developer to prevent money laundering, proliferation financing and terrorism financing; and [Act 15 of 2025 wef 01/07/2025] (iii) the additional measures relating to targeted financial sanctions against terrorism, terrorism financing and proliferation financing which a developer must take when preparing for or carrying out any transaction concerning a building project; and [Act 54 of 2018 wef 28/06/2023] [Act 15 of 2025 wef 01/07/2025] ( g ) prescribe such saving and transitional provisions as may be necessary or expedient. [47/2004; 35/2017] [Act 54 of 2018 wef 28/06/2023] (3) Rules made under this section — ( a ) may prescribe that any act or omission in contravention of the provisions of any rules shall be an offence; and ( b ) may provide for the imposition of penalties, which shall not exceed imprisonment for a term of 6 months or a fine of $10,000 or both. (4) All rules made under this section must be published in the Gazette and must be presented to Parliament as soon as possible after publication.


document_id: scpa-1979
provision_ref: s11
section: 11
title: Exemptions
content:
11. —(1) This Act does not apply to the sale of any commercial property — ( a ) in a building containing, or a building which when erected will contain, not more than 4 separate units; or ( b ) where the certificate of statutory completion has been issued by the Building Authority and the subsidiary strata certificate of title, if applicable, has been issued by the Registrar of Titles in respect of the commercial property. (2) The Minister may, by notification in the Gazette , exempt any person or commercial property from any of the provisions of this Act or any rules made under this Act, either absolutely or subject to any conditions that the Minister thinks fit.


document_id: scpa-1979
provision_ref: s12
section: 12
title: Jurisdiction of District and Magistrate’s Courts to try offence
content:
12. Despite any written law to the contrary, a District or Magistrate’s Court has jurisdiction to try any offence under this Act or the rules made under this Act and to impose the full punishment for such offence.


document_id: screa-1975
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Chairperson” means the Chairperson of the Corporation appointed under section 4(1); “chief executive officer” means the chief executive of the Corporation, and includes any individual acting in that capacity; “Corporation” means the Singapore Corporation of Rehabilitative Enterprises established under section 3(1); “Deputy Chairperson” means the Deputy Chairperson of the Corporation appointed under section 4(1); “inmate” means a person who is detained in any approved institution under the Misuse of Drugs Act 1973 or in such other institution or place as may be prescribed; “member” means a member of the Corporation and includes the Chairperson and the Deputy Chairperson; “prison officer” means any Chief Rehabilitation Officer, Principal Rehabilitation Officer, warder or other subordinate officer; “prisoner” means any person, whether convicted or not, under detention in any prison or reformative training centre. [23/87; 5/2018; 2/2020]


document_id: screa-1975
provision_ref: s3
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF CORPORATION
section: 3
title: Establishment of Corporation
content:
3. —(1) There is established in accordance with the provisions of this Act a body called the Singapore Corporation of Rehabilitative Enterprises which is a body corporate with perpetual succession and with power to sue and be sued in its corporate name, and to acquire and dispose of property, movable and immovable, and to perform such other acts as bodies corporate may by law perform, and to exercise such other powers as are conferred under this Act. [2/2020] (2) The Corporation may perform any of its functions or carry out any of its duties under one or more business names as the Minister may, by notification in the Gazette , specify. [2/2020]


document_id: screa-1975
provision_ref: s4
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF CORPORATION
section: 4
title: Constitution of Corporation
content:
4. —(1) The Corporation consists of the following members, all of whom are to be appointed by the Minister: ( a ) a Chairperson; ( b ) a Deputy Chairperson who must be an officer from the Ministry of Home Affairs; ( c ) the Commissioner of Prisons or his or her representative; and ( d ) at least 2 and not more than 12 other members. [23/87; 1/2014] (2) All members, unless the Minister otherwise directs, hold office for a period of 3 years from the date of their respective appointments and are eligible for re‑appointment. (3) The Minister may appoint a person to be a temporary member during the absence, or incapacity owing to illness or otherwise, of any other member. (4) The Minister may, at any time, revoke the appointment of a member without giving any reason. (5) The Minister may, at any time, accept the resignation of a member.


document_id: screa-1975
provision_ref: s5
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF CORPORATION
section: 5
title: Salaries, fees and allowances payable to members
content:
5. The members are to be paid out of the funds of the Corporation such salaries, fees and allowances as the Minister may determine.


document_id: screa-1975
provision_ref: s6
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF CORPORATION
section: 6
title: Meetings of Corporation
content:
6. —(1) Meetings of the Corporation must be held — ( a ) at least once in 3 months; and ( b ) at the times and places that the Corporation or the Chairperson may determine. (2) The quorum at every meeting of the Corporation is one‑third of the total number of members or 3 members, whichever is the higher. [25/2009] (3) Decisions at meetings of the Corporation are adopted by a simple majority of the votes of the members present and voting; and in the event of an equality of votes the Chairperson, or in his or her absence the Deputy Chairperson or the member presiding, has a casting vote. (4) The Chairperson, or in his or her absence the Deputy Chairperson, presides at meetings of the Corporation. (5) Where both the Chairperson and the Deputy Chairperson are absent at a meeting such member as the members present may elect presides at the meeting. (6) The Corporation is not precluded from holding any meeting or acting in any matter merely by reason of a vacancy in its membership. (7) Subject to the provisions of this Act and the Public Sector (Governance) Act 2018, the Corporation may make standing orders to regulate its own procedure, and in particular, the holding of meetings, the notice to be given of the meetings, the proceedings at the meetings, the keeping of minutes and the custody, production and inspection of the minutes. [5/2018] 7. [ Repealed by Act 5 of 2018 ]


document_id: screa-1975
provision_ref: s8
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF CORPORATION
section: 8
title: Validity of acts of member
content:
8. The acts of a member are valid despite any defect that may afterwards be discovered in the member’s appointment or qualifications.


document_id: screa-1975
provision_ref: s9
chapter: PART 2 - ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF CORPORATION
section: 9
title: Powers of Minister in relation to Corporation
content:
9. —(1) The Minister may give to the Corporation any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018] (2) The Corporation must provide the Minister with such information or facilities for obtaining information with respect to its property and the exercise of its functions in such manner and at such times as the Minister may reasonably require.


document_id: screa-1975
provision_ref: s10
chapter: PART 3 - TRANSFER TO CORPORATION OF GOVERNMENT UNDERTAKINGS, EMPLOYEES, ETC.
section: 10
title: Transfer to Corporation of Government undertakings
content:
10. —(1) On 1 April 1976, such vocational or industrial training institutions as were established by or vested in the Government for the purpose of training prisoners as the Minister may, after consultation with the Minister for Finance, determine are transferred to and vest in the Corporation without further assurance and such transfer includes all lands, buildings, and other property, movable or immovable, assets, rights, privileges, obligations and liabilities held or enjoyed in connection therewith or appertaining thereto. (2) On 1 April 1976, such moneys held by the Government for the purpose of training prisoners in order to fit them to earn their living after release as the Minister may, after consultation with the Minister for Finance, determine must forthwith be paid and transferred to and held by the Corporation for the same purpose. (3) All rights, privileges, obligations and liabilities which immediately before 1 April 1976 were held, enjoyed or incurred in connection with or appertaining to the vocational or industrial training institutions transferred under subsection (1) are deemed to be the rights, privileges, obligations and liabilities of the Corporation. (4) Where anything has been commenced for the purpose of the vocational or industrial training institutions transferred under subsection (1), such thing may be carried on and completed by, or under the authority of, the Corporation. (5) If any question arises as to which of the properties, movable or immovable, has been transferred to and vested in the Corporation under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence of the vesting of the property in the Corporation.


document_id: screa-1975
provision_ref: s11
chapter: PART 3 - TRANSFER TO CORPORATION OF GOVERNMENT UNDERTAKINGS, EMPLOYEES, ETC.
section: 11
title: Transfer of employees
content:
11. —(1) On 1 April 1976 — ( a ) every person, other than prison officers, employed by the Government immediately before that date in the vocational or industrial training institutions transferred under section 10(1); and ( b ) such other persons employed by the Government as the Minister may determine, are transferred to the service of the Corporation on terms as near as may be to those they enjoyed immediately prior to their transfer and the terms (which are determined by the Corporation) must take into account the salaries and conditions of service, including any accrued rights to leave, enjoyed by them while in the employment of the Government. (2) Despite subsection (1), such categories of persons who are transferred to the service of the Corporation, as the Minister may determine, must as soon as practicable be given the option of remaining in the service of the Government. (3) Until such time as schemes and terms and conditions of service are drawn up by the Corporation, the regulations relating to salaries and terms and conditions of service in the Government continue to apply to every person transferred to the service of the Corporation under subsection (1).


document_id: screa-1975
provision_ref: s12
chapter: PART 3 - TRANSFER TO CORPORATION OF GOVERNMENT UNDERTAKINGS, EMPLOYEES, ETC.
section: 12
title: Existing contracts
content:
12. All deeds, bonds, agreements, instruments and working arrangements subsisting immediately before 1 April 1976 affecting the vocational or industrial training institutions transferred under section 10(1) or any employee of the Government transferred to the service of the Corporation under section 11 are of full force and effect against or in favour of the Corporation and enforceable as fully and effectually as if, instead of the Government or any person acting on behalf of the Government, the Corporation had been named therein or had been a party thereto.


document_id: screa-1975
provision_ref: s13
chapter: PART 3 - TRANSFER TO CORPORATION OF GOVERNMENT UNDERTAKINGS, EMPLOYEES, ETC.
section: 13
title: Pending proceedings
content:
13. A proceeding or cause of action pending or existing immediately before 1 April 1976 by or against the Government or any person acting on behalf of the Government in respect of the vocational or industrial training institutions transferred under section 10(1) and the rights, obligations and liabilities in connection therewith may be continued and enforced by or against the Corporation as it might have been by or against the Government or such person as if this Act had not been enacted.


document_id: screa-1975
provision_ref: s14
chapter: PART 3 - TRANSFER TO CORPORATION OF GOVERNMENT UNDERTAKINGS, EMPLOYEES, ETC.
section: 14
title: No benefit for abolition or re-organisation of office
content:
14. —(1) Despite the provisions of the Pensions Act 1956, a person who is transferred to the service of the Corporation under section 11 is not entitled to claim any benefit under the Pensions Act 1956 on the ground that he or she has been retired from the service of the Government on account of abolition or re‑organisation of office in consequence of the establishment and incorporation of the Corporation under this Act. (2) In every case where a person has been transferred to the service of the Corporation under section 11(1), the Government is liable to pay to the Corporation such portion of any gratuity, pension or allowance payable to that person or his or her dependants on his or her retirement, death or otherwise leaving the service of the Corporation as the same bears to the proportion which the aggregate amount of his or her pensionable emoluments during his or her service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the Corporation.


document_id: screa-1975
provision_ref: s15
chapter: PART 4 - FUNCTIONS AND POWERS OF CORPORATION
section: 15
title: Functions of Corporation
content:
15. The functions of the Corporation are — ( a ) to manage and maintain the vocational or industrial training institutions transferred to the Corporation by this Act and such other institutions as the Corporation may establish under this Act for the employment, or vocational or industrial training of prisoners and inmates; ( b ) to provide or secure the provision of such employment or facilities for such training and to organise programmes therefor; ( c ) to provide technical training in skilled trades for suitable prisoners and inmates; ( d ) to promote the vocational skills of prisoners and inmates; ( e ) to provide any prisoner with work for the purposes of section 67 of the Prisons Act 1933; ( f ) to advise the Government on all matters relating to the provision of vocational or industrial training and technical training in trades for prisoners and inmates; and ( g ) to provide or secure the provision of rehabilitative and aftercare services to prisoners and inmates before and after their discharge from custody and to assist the provision by others of those services. [23/87; 1/2014]


document_id: screa-1975
provision_ref: s16
chapter: PART 4 - FUNCTIONS AND POWERS OF CORPORATION
section: 16
title: Powers
content:
16. The Corporation may do all things that are advantageous, necessary or convenient to be done for or in connection with the performance of its functions and, without limiting the foregoing, may — ( a ) provide, whether by itself or with the cooperation of other persons, such vocational or industrial training schemes for any prisoner and inmate as the Corporation thinks fit; ( b ) carry on any trade or business whether by arrangement with other persons or by itself for the purpose of providing facilities for the training of or employment for prisoners and inmates; ( c ) pay such salaries, wages, remuneration or allowances as the Corporation thinks fit to prisoners and inmates who work for the Corporation; ( d ) acquire, hire, procure, construct, erect, manufacture, provide, operate, maintain or repair anything required by the Corporation for the purposes of this Act; ( e ) levy such rates and charges for services performed as the Corporation may consider expedient; ( f ) receive donations and contributions from any source and raise funds by all lawful means; ( g ) make loans to persons, other than prisoners and inmates, who are employed by the Corporation (including loans to assist them to acquire housing accommodation) and guarantee loans made to persons so employed (including loans made by building societies and other bodies for housing purposes); ( h ) promote recreational activities for and activities conducive to the welfare of persons, other than prisoners and inmates, who are or have been engaged in the employment of the Corporation and assist the promotion by others of those activities; ( i ) enter into such contracts as the Corporation considers necessary for the discharge of its functions; ( j ) make grants or lend money to, or enter into guarantees on behalf of, any person or organisation in matters relating to the provision of industrial or vocational training for, or of rehabilitative and aftercare services to, prisoners and inmates before and after their discharge from custody; ( k ) make grants or lend money to, or enter into guarantees on behalf of, prisoners and inmates after their discharge from custody for the purposes of any vocation, trade or business carrying on by them; ( l ) with the Minister’s approval, enter into joint ventures with any person or organisation, or cause to be formed under the provisions of the Companies Act 1967 an incorporated company or companies for the purpose of carrying out any of the functions of the Corporation; and ( m ) do all other things that are incidental to or necessary for the performance of its functions. [23/87]


document_id: screa-1975
provision_ref: s17
chapter: PART 4 - FUNCTIONS AND POWERS OF CORPORATION
section: 17
title: Appointment of committees and delegation of powers
content:
17. —(1) The Corporation may appoint from among its own members or other persons who are not members such number of committees as it thinks fit consisting of members or other persons, or members and other persons, for purposes which, in the opinion of the Corporation, would be better regulated and managed by means of those committees. (2) The Corporation may, subject to such conditions or restrictions as it thinks fit, delegate to any such committee, the Chairperson, any member or the chief executive officer all or any of the powers, functions and duties by this Act vested in the Corporation, except the power to borrow money. (3) Any power, function or duty delegated under subsection (2) may be exercised or performed by that committee, the Chairperson, member or the chief executive officer (as the case may be) in the name and on behalf of the Corporation. (4) The Corporation may, subject to such conditions or restrictions as it thinks fit, delegate to any employee of the Corporation all or any of the Corporation’s powers, functions and duties by this Act vested in the Corporation, except the power to borrow money or to raise or grant loans or advances to or subscribe to or underwrite the issue of stocks, shares, bonds or debentures of industrial enterprises. (5) Any power, function or duty delegated under subsection (4) may be exercised or performed by the employee in the name and on behalf of the Corporation.


document_id: screa-1975
provision_ref: s17A
chapter: PART 4 - FUNCTIONS AND POWERS OF CORPORATION
section: 17A
title: Corporation’s symbol or representation
content:
17A. —(1) The Corporation has the exclusive right to the use of one or more symbols or representations as the Corporation may select or devise (each called the Corporation’s symbol or representation), and to display or exhibit those symbols or representations in connection with the Corporation’s activities or affairs. (2) A person who, without the prior written permission of the Corporation — ( a ) uses a symbol or representation identical to the Corporation’s symbol or representation; or ( b ) uses a symbol or representation which so resembles the Corporation’s symbol or representation as to deceive or to cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction. [Act 16 of 2024 wef 17/06/2024]


document_id: screa-1975
provision_ref: s18
chapter: PART 5 - PROVISIONS RELATING TO STAFF
section: 18
title: Chief executive officer
content:
18. —(1) There must be a chief executive officer of the Corporation, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018. [5/2018] (2) The Corporation may, subject to the Public Sector (Governance) Act 2018, appoint an individual to act temporarily as the chief executive officer during any period, or during all periods, when the chief executive officer — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018]


document_id: screa-1975
provision_ref: s19
chapter: PART 5 - PROVISIONS RELATING TO STAFF
section: 19
title: Staff and employees
content:
19. The Corporation may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018]


document_id: screa-1975
provision_ref: s20
chapter: PART 5 - PROVISIONS RELATING TO STAFF
section: 20
title: Pension schemes, provident fund, etc.
content:
20. —(1) The Corporation may, with the approval of the Minister, make regulations for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to such employees or classes of employees of the Corporation as it may determine, or to their legal personal representatives or dependants, on the death or retirement of those employees from the service of the Corporation or on their otherwise leaving the service of the Corporation. (2) Where any person in the service of the Corporation, who does not come within the scope and effect of any pension or other schemes established under this section, retires or dies in the service of the Corporation or is discharged from that service, the Corporation may grant to him or her or to such other person or persons wholly or partly dependent on him or her as the Corporation may think fit such allowance or gratuity as the Corporation may determine.


document_id: screa-1975
provision_ref: s21
chapter: PART 5 - PROVISIONS RELATING TO STAFF
section: 21
title: Remuneration of staff not to be related to profits
content:
21. Any salary, fee, wage or other remuneration or allowance paid by the Corporation to any member, employee or agent must not be computed by reference to the profits of the Corporation.


document_id: screa-1975
provision_ref: s22
chapter: PART 5 - PROVISIONS RELATING TO STAFF
section: 22
title: Personal immunity of members and officers of Corporation
content:
22. No matter or thing done and no contract of any kind entered into by the Corporation and no matter or thing done by any member or by any employee of the Corporation or any other person acting under its direction shall, if the matter or thing was done or the contract was entered into in good faith for the purpose of carrying out the provisions of this Act, subject the member or employee or other person acting under its direction personally to any action, liability, claim or demand in respect thereof. 23. [ Repealed by Act 5 of 2018 ]


document_id: screa-1975
provision_ref: s24
chapter: PART 6 - FINANCIAL PROVISIONS
section: 24
title: Corporation’s financial year
content:
24. The financial year of the Corporation begins on 1 April each year and ends on 31 March of the following year. [23/87; 2/2020]


document_id: screa-1975
provision_ref: s25
chapter: PART 6 - FINANCIAL PROVISIONS
section: 25
title: Expenses
content:
25. All expenses incurred in carrying out the purposes of this Act are to be met from the funds of the Corporation.


document_id: screa-1975
provision_ref: s26
chapter: PART 6 - FINANCIAL PROVISIONS
section: 26
title: Minister’s approval of estimates
content:
26. —(1) A copy of all annual estimates of revenue and expenditure and supplementary estimates must, upon their adoption by the Corporation, be sent without delay to the Minister. [5/2018] (2) The Minister may approve or disallow any item or portion of any item shown in the annual estimates or supplementary estimates. [5/2018] (3) The Minister must return the annual estimates or supplementary estimates as amended under subsection (2) to the Corporation, and the Corporation is bound by the Minister’s decision. [5/2018] (4) The estimates as approved by the Minister must be published in the Gazette . [5/2018]


document_id: screa-1975
provision_ref: s27
chapter: PART 6 - FINANCIAL PROVISIONS
section: 27
title: Grants
content:
27. For the purpose of enabling the Corporation to carry out its functions under this Act, the Minister may make grants to the Corporation of such sums of money as the Minister may determine out of moneys to be provided by Parliament.


document_id: screa-1975
provision_ref: s28
chapter: PART 6 - FINANCIAL PROVISIONS
section: 28
title: Loans
content:
28. The Corporation may for the purposes of this Act, raise loans from the Government or, with the Minister’s consent, from any source.


document_id: screa-1975
provision_ref: s28A
chapter: PART 6 - FINANCIAL PROVISIONS
section: 28A
title: Issue of shares, etc.
content:
28A. As a consequence of the vesting of any property, rights or liabilities of the Government in the Corporation under this Act, or of any capital injection or other investment by the Government in the Corporation in accordance with any written law, the Corporation must issue such shares or other securities to the Minister for Finance as that Minister may direct. [5/2002]


