PART 3 | GENERAL DIVISION OF HIGH COURT |
[40/2019] [40/2019] | 9. [Repealed by Act 40 of 2019] |
| Proceedings in General Division |
| 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] |
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| Assessors to assist General Division |
| 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. |
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| When General Division is open |
| 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] |
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| Sittings of General Division and distribution of business |
| 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. |
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| 12. [Repealed by Act 40 of 2019] |
| Enforcement orders for seizure and sale of property |
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] |
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| Execution of deed or indorsement of negotiable instrument |
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. |
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| Division 2 — Original jurisdiction |
[40/2019] 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] |
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| Civil jurisdiction — general |
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] |
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| Civil jurisdiction — specific |
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] |
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| Civil jurisdiction — concurrent jurisdiction with Syariah Court in certain matters |
| 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] |
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(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] |
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| (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. |
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| Oral hearing not needed generally |
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] |
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| Summary dismissal of certain matters |
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. |
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| (3) In this section, “appeal” includes part of an appeal. [Act 25 of 2021 wef 01/04/2022] |
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| Powers of General Division |
| 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] |
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| Division 3 — Singapore International Commercial Court |
[40/2019] | Singapore International Commercial Court |
| 18A. There shall be a division of the General Division known as the Singapore International Commercial Court. [42/2014; 40/2019] |
| President of Singapore International Commercial Court |
| 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] |
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| Act to apply with modifications |
| 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] |
| Jurisdiction of Singapore International Commercial Court |
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] |
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(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] |
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| (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] |
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| 18E. [Repealed by Act 1 of 2018] |
| Effect of jurisdiction agreement |
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] |
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| Composition of Singapore International Commercial Court |
| 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] |
| Provisions where Singapore International Commercial Court comprises 3 Judges |
| 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] |
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| Powers of Singapore International Commercial Court, generally |
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] |
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| 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] |
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| (4) In this section, “General Division” does not include the Singapore International Commercial Court. [40/2019] |
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| Rules of evidence in certain cases |
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] |
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| Determination of foreign law on submissions |
| 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] |
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| Representation by foreign lawyers and law experts |
| 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 — Appellate jurisdiction |
[40/2019] | Appellate criminal jurisdiction |
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] |
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| Appellate civil jurisdiction |
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] |
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| Appeals from District and Magistrates’ Courts |
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). |
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| 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] |
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| (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] |
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| Oral hearing not needed for appellate matters generally |
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] |
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| Summary dismissal of certain appeals |
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. |
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| (3) In this section, “appeal” includes part of an appeal. [Act 25 of 2021 wef 01/04/2022] |
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| Division 5 — Supervisory and revisionary jurisdiction |
[40/2019] | Revision of criminal proceedings of subordinate courts |
| 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] |
| Power of General Division to call for records of civil proceedings in subordinate courts |
| 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] |
| Powers of General Division on revision of civil proceedings |
| 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] |
| No revision at instance of party who could have appealed |
| 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. |
| General supervisory and revisionary jurisdiction of General Division |
| 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] |
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| Discretion of General Division as to hearing parties |
| 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. |
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| Division 6 — Allocation of proceedings |
[40/2019] | Allocation of proceedings to District Court or Family Court |
| 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] |
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| 28B. [Repealed by Act 40 of 2019] |
Division 7 — Matters that are non-appealable or
appealable only with permission |
[Act 25 of 2021 wef 01/04/2022] | No appeal in certain cases |
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] |
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| Permission required to appeal in certain cases |
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] |
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| (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] |
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| Division 8 — Further arguments |
| Further arguments before notice of appeal is filed |
| 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] |
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| (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] |
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| (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] |
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| Division 9 — Allocation of appeals |
| Court to which appeal is to be made |
| 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] |
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| Power to transfer appeal to Court of Appeal |
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] |
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| (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] |
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| Power to transfer appeal to Appellate Division |
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] |
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| (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] |
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