Supreme Court of Judicature (Amendment) Bill

Bill No. 40/1998

Read the first time on 12th October 1998.

An Act to amend the Supreme Court of Judicature Act (Chapter 322 of the 1985 Revised Edition).

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 Supreme Court of Judicature (Amendment) Act 1998 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 21

2. Section 21 of the Supreme Court of Judicature Act (referred to in this Act as the principal Act) is amended —

(a)

by deleting the words “$5,000 or with the leave of” in the sixth and seventh lines of subsection (1) and substituting the words “$50,000 or such other amount as may be specified by an order made under subsection (3) or with the leave of a District Court, a Magistrate's Court or”; and

(b)

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

“(3) The President may, after consulting the Chief Justice, by order published in the Gazette vary the amount mentioned in subsection (1).”.

Amendment of section 34

3. Section 34 of the principal Act is amended —

(a)

by deleting “$30,000” in subsection (2)(a) and substituting the words “$250,000 or such other amount as may be specified by an order made under subsection (3)”; and

(b)

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

“(3) The President may, after consulting the Chief Justice, by order published in the Gazette vary the amount mentioned in subsection (2)(a).”.

Repeal and re-enactment of section 60

4. Section 60 of the principal Act is repealed and the following section substituted therefor:

“Reference to Court of Appeal of criminal matter determined by High Court in exercise of its appellate or revisionary jurisdiction

60.—(1) When a criminal matter has been determined by the High Court in the exercise of its appellate or revisionary jurisdiction, the Judge may on the application of any party, and shall on the application of the Public Prosecutor, reserve for the decision of the Court of Appeal any question of law of public interest which has arisen in the matter and the determination of which by the Judge has affected the case.

(2) An application under subsection (1) shall be made within one month or such longer time as the Court of Appeal may permit of the determination of the matter to which it relates and in the case of an application by the Public Prosecutor shall be made by him or with his written consent.

(3) When a question has been reserved under subsection (1), the Judge who has reserved the question may make such orders as he may see fit for the arrest, custody or release on bail of any party in the case.

(4) The Court of Appeal shall hear and determine the question reserved under subsection (1) and may make such orders as the High Court might have made as the Court of Appeal may consider just for the disposal of the case.

(5) For the purposes of this section, any question of law which the Public Prosecutor applies to be reserved or regarding which there is a conflict of judicial authority shall be deemed to be a question of public interest.”.

Savings

5. This Act shall not apply to —

(a)	any decision of a District Court or a Magistrate's Court in any suit or action for the recovery of immovable property or in any civil cause or matter;
(b)	any decision of the High Court in any civil cause or matter, made in the exercise of its original or appellate jurisdiction; or
(c)	any decision of a subordinate court or the High Court, made in the exercise of its appellate or revisionary jurisdiction, in a criminal matter,

made before the date of commencement of this Act, and section 21(1), 34(2)(a) or 60, as the case may be, of the principal Act in force immediately before that date shall apply to any such decision as if this Act had not been enacted.

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