PART I | AMENDMENTS RELATING TO CERTAIN COURT PROCEEDINGS |
| Amendment of Interpretation Act |
2. The Interpretation Act (Cap. 1, 2002 Ed.) is amended by inserting, immediately after section 41, the following Part:“PART VA | PROVISIONS RELATING TO COURT PROCEEDINGS |
| Process for making applications to Court in civil proceedings |
41A.—(1) Where any written law which provides for an application in any civil proceedings to be made to a Court —| (a) | does not prescribe the process by which the application is to be made; or | | (b) | prescribes that the application is to be made by way of a petition, a motion, an originating motion or a summons in chambers, |
| that written law shall, in relation to any such application that is made thereunder on or after 1st January 2006, be deemed to require that the application shall be made — |
| (i) | by way of an originating summons, if it commences the proceedings; or | | (ii) | by way of a summons, if it is made in proceedings that are pending. |
(2) Where pursuant to subsection (1) an application is made to a Court under any written law by way of an originating summons or a summons —| (a) | the application shall be made in accordance with the Rules of Court; | | (b) | the Court may give to the parties to the application such directions as the Court thinks just and expedient for the purpose of facilitating the progress of the application as an application made by originating summons or summons, as the case may be; and | | (c) | any provision in that written law which relates to the practice and procedure for making such an application and which is inconsistent with this section or with the Rules of Court shall, to the extent of the inconsistency, have no effect in relation to that application. |
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(3) Subsections (1) and (2) shall not apply to —| (a) | petitions of appeal; or | | (b) | such other class or classes of applications to or proceedings in the Court as may be prescribed under subsection (7). |
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| (4) Nothing in this section shall prevent any relief obtainable by way of an application to a Court under any written law from being included as one of the reliefs sought in a writ of summons by which an action is commenced before the Court. |
(5) For the avoidance of doubt, any application that —| (a) | was made to a Court before 1st January 2006 under any written law to which subsection (1) applies; and | | (b) | is pending before the Court on or after that date, |
| shall, unless otherwise ordered by the Court, continue to proceed in accordance with the provisions of the relevant written law and the practice and procedure as were in force and applicable in relation to that application immediately before that date, until the application is finally disposed of by the Court. |
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(6) In this section, “Court” means —| (a) | the Court of Appeal or a Judge of Appeal; | | (b) | the High Court or a Judge thereof; | | (c) | a District Court; | | (d) | a Magistrate’s Court; and | | (e) | such other court as may be prescribed. |
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(7) The Minister charged with the responsibility for law may, by order published in the Gazette, prescribe —| (a) | the class or classes of applications to or proceedings in the Court to which this section shall not apply; and | | (b) | any other court in relation to which this section shall apply. |
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| Renaming of prerogative orders or writs |
41B. As from 1st January 2006, the prerogative orders or writs issuable by the High Court as listed in the first column below shall be referred to by the corresponding expressions as set out in the second column and, in all written laws, the expressions as set out in the second column shall be construed accordingly: | | | | | | | | | | | | | | | Order for Review of Detention. |
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| Amendment of Subordinate Courts Act |
3. The Subordinate Courts Act (Cap. 321, 1999 Ed.) is amended by inserting, immediately after section 69, the following Part:“PART VI | Conversion of pending petitions to writs of summons and originating summonses |
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 (referred to in this section as 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 shall, 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 (referred to in this section as a pending action or application) shall 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 Senior District Judge, with the concurrence of the Chief Justice, may, where he 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 shall 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. |
(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 shall 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.”. |
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| Amendment of Supreme Court of Judicature Act |
4. The Supreme Court of Judicature Act (Cap. 322, 1999 Ed.) is amended by inserting, immediately after section 81, the following sub-heading and section:| Conversion of pending petitions and motions to writs of summons, originating summonses and summonses |
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 (referred to in this section as 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 such as to require that any such action or application shall, 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 (referred to in this section as a pending action or application) shall 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 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 shall 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 shall 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.”. |
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| Amendments to certain written laws to change process for making applications to court thereunder |
| 5. The Acts specified in the first column of the First Schedule are amended in the manner set out in the second column thereof. |
| Amendments to certain written laws to rename prerogative orders or writs referred to therein |
| 6. The Acts specified in the first column of the Fourth Schedule are amended in the manner set out in the second column thereof. |
| Amendments to change certain expressions used in relation to court proceedings |
| 7. The Acts specified in the first column of the Fifth Schedule are amended in the manner set out in the second column thereof. |
8.—(1) Where —| (a) | by virtue of section 5, the process for commencing an action in or making an application to a court under any Act specified in the first column of the First Schedule has been changed by the amendment to that Act as set out in the second column of that Schedule; and | | (b) | on or after the date appointed for the coming into operation of the amendment there still exists a provision in a written law which mentions such an action or application by reference to the process that was applicable thereto before that date (however that provision may be expressed), |
| that provision shall, as from that date, be read with the necessary modifications as if it referred to the process that is applicable as from that date in respect of that action or application. |
(2) As from 1st January 2006, if any of the expressions as listed in the first column below appears in any written law, that expression shall be read as the corresponding expression as set out in the second column opposite thereto: | | | | (a) | guardian ad litem
(in adoption cases) |
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| | | | (b) | guardian ad litem
(in other cases) |
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| | | litigation representative |
| | | | | | | | (e) | subpoena ad testificandum |
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| | | | | | subpoena to produce documents |
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9. Where, by virtue of section 5, the process for commencing an action in or making an application to a court under any Act specified in the first column of the First Schedule has been changed by the amendment to that Act as set out in the second column of that Schedule, such change shall not affect any action or application that —| (a) | was commenced or made under that Act before the date appointed for the coming into operation of the amendment; and | | (b) | is pending before the court on that date, |
| and such a pending action or application shall, unless otherwise ordered by the court, continue to proceed in accordance with the provisions of the relevant written law and the practice and procedure as were in force and applicable in relation to that action or application immediately before that date, until the action or application is finally disposed of by the court. |
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