Subordinate Courts (Amendment) Act 2014 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 3]

Friday, February 28

[2014

The following Act was passed by Parliament on 21st January 2014 and assented to by the President on 13th February 2014:—

Subordinate Courts (Amendment) Act 2014

(No. 5 of 2014)

I assent.

TONY TAN KENG YAM,

President.

13th February 2014.

Date of Commencement: 7th March 2014 Sections 2, 3, 4, 6(c) and (d), 7, 8(a) and (c), 9(a), (b), (c), (e), (f) and (g), 10(1), 11(1), 11(2)(a) and (c), 11(3), (4), (5) and (6), 11(7)(a), 11(9) and the Schedule

Date of Commencement: 14th April 2014 Sections 5, 6(a) and (b), 8(b), 9(d), 10(2) and (3), 11(2)(b), 11(7)(b) and (c) and 11(8)

An Act to amend the Subordinate Courts Act (Chapter 321 of the 2007 Revised Edition) and to make consequential or related amendments to certain other written laws.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Subordinate Courts (Amendment) Act 2014 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of long title

2. The long title to the Subordinate Courts Act (referred to in this Act as the principal Act) is amended by deleting the words “subordinate courts” and substituting the words “State Courts”.

Amendment of section 1

3. Section 1 of the principal Act is amended by deleting the words “Subordinate Courts Act” and substituting the words “State Courts Act”.

Amendment of section 3

4. Section 3 of the principal Act is amended —

(a)

by inserting, immediately after the words “subordinate courts” in subsection (1), the words “called the State Courts”; and

(b)

by deleting the section heading and substituting the following section heading:

“State Courts”.

New section 8A

5. The principal Act is amended by inserting, immediately before section 9 under Part III, the following section:

“Appointment of Presiding Judge of State Courts

8A.—(1) For the purposes of the administration of this Act, the President may, on the recommendation of the Chief Justice, appoint a Judge or Judicial Commissioner of the Supreme Court to be the Presiding Judge of the State Courts for such period as the Chief Justice may recommend.

(2) Notwithstanding 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 he shall have all the jurisdiction, power and privileges of such a judge.

(3) A Judge or Judicial Commissioner of the Supreme Court may, during the period of his appointment as the Presiding Judge of the State Courts, continue to sit in the High Court or the Court of Appeal in accordance with the Supreme Court of Judicature Act (Cap. 322).

(4) Any person appointed to be the Presiding Judge of the State Courts shall, although the period of his appointment as such has expired or his appointment as such has been revoked, in relation to any case heard by him as a judge (however described) of a State Court, continue to sit as such a judge for the purpose of giving judgment or otherwise.”.

Amendment of section 9

6. Section 9 of the principal Act is amended —

(a)

by deleting the word “A” in subsection (1) and substituting the words “Subject to section 8A, a”;

(b)

by deleting subsection (2);

(c)

by deleting the words “5 years” in subsection (3) and substituting the words “7 years”; and

(d)

by inserting, immediately after subsection (3), the following subsection:

“(3A) Notwithstanding subsection (3), a person may be appointed to be or to act as a District Judge if —

(a)	he has been for not less than 5 years a qualified person as defined in section 2 of the Legal Profession Act; 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.”.

Amendment of section 10

7. Section 10 of the principal Act is amended —

(a)

by deleting the words “one year” in subsection (2) and substituting the words “3 years”; and

(b)

by inserting, immediately after subsection (2), the following subsection:

“(3) Notwithstanding subsection (2), a person may be appointed to be or to act as a Magistrate if —

(a)	he has been for not less than one year a qualified person as defined in section 2 of the Legal Profession Act; 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.”.

Amendment of section 17

8. Section 17 of the principal Act is amended —

(a)	by deleting the words “subordinate courts” in subsection (1) and substituting the words “State Courts”;
(b)	by deleting the words “Chief District Judge” in subsections (2) and (3) and substituting in each case the words “Presiding Judge of the State Courts”; and
(c)	by deleting the words “his court” in subsection (3)(a) and substituting the words “the State Courts”.

Miscellaneous amendments

9. The principal Act is amended —

(a)

by deleting the words “subordinate courts” wherever they appear in the following provisions and substituting in each case the words “State Courts”:

Sections 2 (definition of “registrar”), 4, 5, 6, 6A (section heading), 8(1), 12(1) and section heading, 14, 15(a) and (c), 39(3) and (4), 47, 54B (section heading), 54C (Explanation and section heading), 54E(2)(b) and (c) and (4) and section heading, 54G(2)(b), 57(1) and section heading, 59, 60(1), 62(2) and (6), 66, 67(4) and 68(2);

(b)

by deleting the words “such court” in section 4 and substituting the words “such Court”;

(c)

by deleting the words “subordinate court” wherever they appear in the following provisions and substituting in each case the words “State Court”:

Sections 6A(1) and (3), 7(1), (2), (2A) and (3), 15 (section heading), 15A(2), 19(3)(c), 39(1), (2), (3), (4)(b) and (6) and section heading, 54B(1), 54C(1) and (3), 54E(1) and (4), 54G(1)(a), (b) and (c) and (2), 60(1), 62(2), 63(1), 67(1), 68(2), (3) and (4) and 69(3)(g)(i), (ii) and (iii);

(d)

by deleting the words “Chief District Judge” in the following provisions and substituting in each case the words “Presiding Judge of the State Courts”:

Sections 6A(2)(a), 15A(1), 57(2)(a) and (3), 59, 60(2), 62(1), (2) and (4), 67(1) and 70(2);

(e)

by deleting the section heading of section 14 and substituting the following section heading:

“State Court officers”;

(f)

by deleting the words “such court or courts” in section 60(1) and substituting the words “such Court or Courts”; and

(g)

by deleting the words “a court” in the section heading of section 60 and substituting the words “State Court”.

Construction of references to subordinate courts or Chief District Judge, etc.

10.—(1) Where, in any subsidiary legislation or any contract, deed or other document, reference is made to a subordinate court, such reference shall, unless the context otherwise requires, be read as a reference to a State Court.

(2) Where, in any subsidiary legislation or any contract, deed or other document, reference is made to the Chief District Judge, such reference shall, unless the context otherwise requires, be read as a reference to the Presiding Judge of the State Courts.

(3) Where in any subsidiary legislation or any contract, deed or other document, reference is made to the Senior District Judge, such reference shall, unless the context otherwise requires, be read as a reference to the Presiding Judge of the State Courts.

Consequential or related amendments to other written laws

11.—(1) Section 151A(2) of the Copyright Act (Cap. 63, 2006 Ed.) is amended —

(a)	by deleting the words “Subordinate Courts Act” and substituting the words “State Courts Act”; and
(b)	by inserting, immediately after the words “(Cap. 321)”, the words “or is a District Judge appointed under section 9(1) of that Act”.

(2) The Coroners Act (Cap. 63A, 2012 Ed.) is amended —

(a)	by deleting the words “Subordinate Courts Act” in section 3(2) and (5) and substituting in each case the words “State Courts Act”;
(b)	by deleting the words “Chief District Judge” in section 3(5) and substituting the words “Presiding Judge of the State Courts”; and
(c)	by inserting, immediately after the words “Subordinate Courts Act (Cap. 321)” in section 50(1), the words “in force immediately before 2nd January 2011”.

(3) Section 26(3) of the Land Transport Authority of Singapore Act (Cap. 158A, 1996 Ed.) is amended —

(a)	by deleting the words “Subordinate Courts” and substituting the words “State Courts”; and
(b)	by inserting, immediately after the word “Act”, the words “or be a District Judge appointed under section 9(1) of that Act”.

(4) Section 13(3) of the Maintenance of Parents Act (Cap. 167B, 1996 Ed.) is amended —

(a)	by deleting the words “Subordinate Courts” and substituting the words “State Courts”; and
(b)	by inserting, immediately after the word “Act”, the words “or be a District Judge appointed under section 9(1) of that Act”.

(5) Section 101(2) of the Police Force Act (Cap. 235, 2006 Ed.) is amended —

(a)	by deleting the words “Subordinate Courts Act” and substituting the words “State Courts Act”; and
(b)	by inserting, immediately after the words “(Cap. 321)”, the words “or is a District Judge appointed under section 9(1) of that Act”.

(6) Section 30(2) of the Requisition of Resources Act (Cap. 273, 1985 Ed.) is amended —

(a)	by deleting the words “Subordinate Courts” and substituting the words “State Courts”; and
(b)	by inserting, immediately after the word “Act”, the words “or is a District Judge appointed under section 9(1) of that Act”.

(7) The Supreme Court of Judicature Act (Cap. 322, 2007 Ed.) is amended —

(a)

by deleting the words “Subordinate Courts Act” in the definition of “subordinate court” in section 2 and substituting the words “State Courts Act”;

(b)

by inserting, immediately after subsection (4) of section 10, the following subsection:

“(5) No Judge shall sit in the High Court 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 him as the Presiding Judge of the State Courts;
(b)	an appeal against a conviction before him or a sentence passed by him as the Presiding Judge of the State Courts;
(c)	the consideration of any case stated by him under section 395 of the Criminal Procedure Code (Cap. 68) as the Presiding Judge of the State Courts;
(d)	any application made under section 400 of the Criminal Procedure Code in relation to any judgment or order made, or sentence passed, by him as the Presiding Judge of the State Courts; or
(e)	any proceedings relating to any judgment, order or direction made by him as the Presiding Judge of the State Courts.”; and

(c)

by deleting paragraphs (c) and (d) of section 80(3) and substituting the following paragraphs:

“(c)	not more than 5 Judges of the Supreme Court (excluding the Presiding Judge of the State Courts) to be appointed by the Chief Justice for such period as he may specify in writing;
(d)	the Presiding Judge of the State Courts;”.

(8) Section 26(2) of the Workplace Safety and Health Act (Cap. 354A, 2009 Ed.) is amended by deleting the words “Chief District Judge” in paragraph (a) and substituting the words “Presiding Judge of the State Courts”.

(9) The provisions of the Acts specified in the first column of the Schedule are amended in the manner set out in the second column thereof.

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