Judicial Committee Bill

Bill No. 26/1966

Read the first time on 22nd June 1966.

An Act to confer jurisdiction upon the Judicial Committee of Her Britannic Majesty’s Privy Council to hear appeals from the decisions of the Appellate Courts in Singapore, and to amend the Courts of Judicature Act, 1964, of Malaysia (No. 7 of 1964).

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

Short title

1. This Act may be cited as the Judicial Committee Act, 1966.

Interpretation

2. In this Act, unless the context otherwise requires —

“Appellate Court” means such court as, in accordance with the laws for the time being in force, has jurisdiction to hear appeals from the High Court or a judge thereof and includes the Federal Court of Malaysia;

“Judicial Committee” means the Judicial Committee of Her Britannic Majesty’s Privy Council.

Conditions of appeal

3.—(1) An appeal shall lie from the Appellate Court to the Judicial Committee with the leave of the Appellate Court granted in accordance with the provisions of section 4 of this Act —

(a)

from any final judgment, decree or order in any civil matter where —

(i)	the matter in dispute in the appeal amounts to or is of the value of five thousand dollars or upwards; or
(ii)	the appeal involves, directly or indirectly, some claim or question to or respecting property or some civil right of like amount or value; or
(iii)	the case is from its nature a fit one for appeal; and

(b)

from any interlocutory judgment or order which the Appellate Court considers a fit one for appeal; and

(c)

from any decision in the exercise of any original or advisory jurisdiction conferred on the Appellate Court.

(2) An appeal shall also lie from the Appellate Court to the Judicial Committee in the following cases, namely: —

(a)	in any case mentioned in subsection (1) of this section where the leave of the Appellate Court has not been duly obtained; and
(b)	in any case arising in a civil matter other than the cases referred to in subsection (1) of this section; and
(c)	in any criminal matter,

where application for special leave to appeal has been made to the Judicial Committee, and the Judicial Committee has granted special leave to appeal.

Leave to appeal

4.—(1) Application under subsection (1) of section 3 of this Act for leave to appeal to the Judicial Committee shall be made to the Appellate Court within six weeks from the date on which the decision appealed against was given, or within such further time as may be allowed by the Court.

(2) Where the judgment appealed from requires the appellant to pay money or perform a duty, the Court shall have power, when granting leave to appeal, either to direct that such judgment shall be carried into execution or that the execution thereof shall be suspended pending the appeal, as to the Court shall seem just; and in case the Court shall direct such judgment to be carried into execution, the person in whose favour it was given shall, before the execution thereof, enter into good and sufficient security to the satisfaction of the Court, for the due performance of such order as the Judicial Committee may make in order to give effect thereto.

Orders of Judicial Committee

5.—(1) On any appeal or application for special leave to appeal under this Act, the Judicial Committee shall make such order as may be necessary to give effect to its decisions.

(2) Without prejudice to the generality of subsection (1) of this section, such order may —

(a)	direct that such witnesses be examined or re-examined as to such facts as may be specified in the order, notwithstanding that any such witness may not have been examined or no evidence may have been given on any such facts in a previous stage of the matter; or
(b)	direct that the matter which is the subject of the appeal be remitted to the Appellate Court or High Court and that the Court re-hear the matter in such form and either generally or upon certain points only and upon such hearing take such additional evidence though before rejected or reject such evidence before admitted as the Judicial Committee shall direct; or
(c)	direct that a new trial be held either generally or as to certain points only.

Procedure on appeal

6. The provisions of any enactments or rules for the time being in force regulating the proceedings of the Judicial Committee shall apply to appeals under this Act.

Enforcement of order of the Judicial Committee

7. Any person who desires to enforce or obtain execution of any order of the Judicial Committee shall file the order in the Appellate Court and thereupon the order shall be enforced and executed in the same way as a judgment of the Appellate Court.

Costs

8. The costs incurred in the prosecution of any appeal or application for leave to appeal under this Act shall be paid by such party or parties, person or persons as the Judicial Committee may by order direct and the amount of any such costs so far as the same relates to costs incurred in England shall be specified in the order and so far as the same relates to costs incurred in Singapore shall be taxed by the Registrar of the High Court in accordance with the rules of the court.

Pending proceedings

9. An appeal in respect of any decision of the Appellate Court given in the exercise of any jurisdiction conferred upon that Court by any law in force in Singapore before the date of the coming into operation of this Act and which on that date is pending as an appeal to the Yang di-Pertuan Agong of Malaysia or the President of the Republic of Singapore shall be deemed to be an appeal to the Judicial Committee under this Act.

Repeal

10.—(1) The whole of Chapter IV of the Courts of Judicature Act, 1964 (M. Act 7 of 1964), relating to appeals to the President of the Republic of Singapore is hereby repealed.

(2) Nothing in this Act shall affect the validity of any proceedings instituted or continued prior to the date of the coming into operation of this Act in the Appellate Court in Singapore by virtue of any of the provisions contained in those sections coming under Chapter IV of the Courts of Judicature Act, 1964, or of Article 131 of the Constitution of Malaysia and any such proceedings may be amended as may appear to be necessary or proper in order to bring it into conformity with the provisions of this Act.

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