No. S 708
Supreme Court of Judicature Act
(Chapter 322)
Rules of Court (Amendment No. 4) Rules 2010
In exercise of the powers conferred on us by section 80 of the Supreme Court of Judicature Act and all other powers enabling us under any written law, we, the Rules Committee, hereby make the following Rules:
Citation and commencement
1.  These Rules may be cited as the Rules of Court (Amendment No. 4) Rules 2010 and shall come into operation on 1st January 2011.
Amendment of Order 32
2.  Order 32, Rule 9 of the Rules of Court (R 5) (referred to in these Rules as the principal Rules) is amended —
(a)by deleting the words “the Supreme Court of Judicature Act (Chapter 322) or these Rules” in paragraph (1) and substituting the words “any written law”;
(b)by inserting, at the end of paragraph (2)(a), the word “and”; and
(c)by deleting sub-paragraph (b) of paragraph (2).
Amendment of Order 52
3.  Order 52, Rule 6 of the principal Rules is amended by inserting, immediately after paragraph (2), the following paragraphs:
(3)  Where the execution of an order of committal has been suspended under paragraph (1), the applicant for the order of committal may, on the ground that any of the terms of the suspension has been breached, apply for the suspension to be lifted.
(4)  An application under paragraph (3) must be made by summons supported by an affidavit.
(5)  Unless the Court otherwise directs, the summons and the supporting affidavit under paragraph (4) must be served on the person against whom the order of committal has been granted.”.
Amendment of Order 55C
4.  Order 55C of the principal Rules is amended —
(a)by inserting, immediately after the words “DISTRICT JUDGES” in the Order heading, the words “OR MAGISTRATES”;
(b)by deleting paragraph (1) of Rule 1 and substituting the following paragraph:
(1)  Subject to section 21(2B) of the Supreme Court of Judicature Act (Chapter 322), an appeal shall lie to a Judge of the High Court in Chambers from —
(a)any judgment, order or decision of a District Judge in Chambers (not given or made in his capacity as the Registrar), including a judgment given, or an order or a decision made, on appeal from the Registrar; and
(b)any judgment, order or decision of a Magistrate in Chambers (not given or made in his capacity as the Registrar).”;
(c)by inserting, immediately after the words “District Judges” in the rule heading of Rule 1, the words “or Magistrates”; and
(d)by deleting paragraph (1) of Rule 2 and substituting the following paragraph:
(1)  A party applying for leave under section 21(1) of the Supreme Court of Judicature Act to appeal against any judgment, order or decision of a District Judge or Magistrate in Chambers (not given or made in his capacity as the Registrar), must file his application —
(a)to the District Judge or Magistrate in Chambers within 7 days from the date of the judgment, order or decision; and
(b)in the event that leave is refused by the District Judge or Magistrate, to the High Court within 7 days from the date of the refusal.”.
Amendment of Order 55D
5.  Order 55D, Rule 4 of the principal Rules is amended —
(a)by deleting the words “a District Court” in paragraph (2)(a) and substituting the words “the District Court”;
(b)by inserting, immediately after the words “7 days” in paragraphs (2)(a) and (b) and (3)(a) and (b), the words “from the date”; and
(c)by deleting the words “a Magistrate’s Court” in paragraph (3)(a) and substituting the words “the Magistrate’s Court”.
Amendment of Order 56
6.  Order 56 of the principal Rules is amended —
(a)by deleting the words “further argument in Court pursuant to section 34(1)(c)” in Rule 2(1) and substituting the words “further arguments under section 28B”;
(b)by deleting paragraph (3) of Rule 2 and substituting the following paragraph:
(3)  Upon hearing further arguments, the Judge may affirm, vary or set aside the judgment or order.”;
(c)by deleting the words “interlocutory orders” in the rule heading of Rule 2 and substituting the words “judgment or order”; and
(d)by deleting paragraph (1) of Rule 3 and substituting the following paragraph:
(1)  A party applying for leave under section 34 of the Supreme Court of Judicature Act to appeal against an order made, or a judgment given, by a Judge must file his application to the Judge within 7 days from the date of the order or judgment.”.
Amendment of Order 91
7.  Order 91 of the principal Rules is amended by inserting, immediately after Rule 5, the following Rule:
Exemption where cause or matter relates to criminal proceedings (O. 91, r. 6)
6.—(1)  Where the Registrar is satisfied that any cause or matter relates to or is predicated upon criminal proceedings affecting the life or liberty of a party, the Registrar may, on the application of that party, issue a certificate of exemption from any fee payable or security for costs required or authorised to be furnished under these Rules.
(2)  An application for a certificate under paragraph (1) shall be made by way of a letter addressed to the Registrar stating the grounds on which the application is made together with all necessary supporting documents.
(3)  Notwithstanding any other provision in these Rules —
(a)no fee shall be payable; and
(b)no security for costs shall be required to be furnished,
by any party in the cause or matter, including any appeal therefrom, from the time that a certificate is issued under paragraph (1).
(4)  The Registrar may, if he thinks fit, refund any fee or part thereof which has been paid in respect of a cause or matter for which a certificate under paragraph (1) is issued where such fee was paid before the certificate was issued.
(5)  Nothing in this Rule shall prevent an order for costs from being made by the Court in favour of or against any party in the cause or matter, including any appeal therefrom.”.
Transitional and savings provisions
8.—(1)  Rule 4 shall not apply to any judgment, order or decision of a District Judge or Magistrate in Chambers given or made before 1st January 2011, and Order 55C of the principal Rules in force immediately before that date shall apply to any such judgment, order or decision of a District Judge in Chambers as if rule 4 had not been made.
(2)  Rule 5 shall not apply to any judgment given or order made by a District Court or Magistrate’s Court before 1st January 2011, and Order 55D, Rule 4(2) and (3) of the principal Rules in force immediately before that date shall apply to any such judgment or order as if rule 5 had not been made.
(3)  Rule 6(a), (b) and (c) shall not apply to any interlocutory order in Chambers made by a Judge before 1st January 2011, and Order 56, Rule 2 of the principal Rules in force immediately before that date shall apply to any such order as if rule 6(a), (b) and (c) had not been made.
(4)  Rule 6(d) shall not apply to any application for leave to appeal made to the Court of Appeal before 1st January 2011, and Order 56, Rule 3(1) of the principal Rules in force immediately before that date shall apply to any such application as if rule 6(d) had not been made.
[G.N. Nos. S 637/2006; S 228/2007; S 648/2007; S 508/2008; S 49/2009; S 605/2009; S 32/2010; S 378/2010; S 504/2010]
Made this 19th day of November 2010.
CHAN SEK KEONG
Chief Justice.

SUNDARESH MENON SC
Attorney-General.

V K RAJAH
Judge of Appeal.

LAI SIU CHIU
Judge.

BELINDA ANG SAW EAN
Judge.

TAY YONG KWANG
Judge.

ANDREW ANG
Judge.

TAN SIONG THYE
Chief District Judge.

LESLIE CHEW KWEE HOE SC
District Judge.

LEE ENG BENG SC
Advocate and Solicitor.

GEORGE LIM TEONG JIN SC
Advocate and Solicitor.
[RSCS R7/7 Vol. 13; AG/LLRD/SL/322/2010/1 Vol. 1]
(To be presented to Parliament under section 80(6) of the Supreme Court of Judicature Act).