Family Justice (Amendment) Rules 2016 - Singapore Statutes Online

No. S 301

Family Justice Act 2014

(ACT 27 OF 2014)

Family Justice (Amendment) Rules 2016

In exercise of the powers conferred on us by section 46 of the Family Justice Act 2014 and all other powers enabling us under any written law, we, the Family Justice Rules Committee, make the following Rules:

Citation and commencement

1. These Rules are the Family Justice (Amendment) Rules 2016 and come into operation on 1 July 2016.

Amendment of rule 32

2. Rule 32(3) of the Family Justice Rules 2014 (G.N. No. S 813/2014) (called in these Rules the principal Rules) is amended by deleting the words “on the child and”.

New rule 87A

3. The principal Rules are amended by inserting, immediately after rule 87, the following rule:

“Evidence that husband or former husband is incapacitated from earning a livelihood, etc.

87A.—(1) An application by an incapacitated husband or incapacitated former husband (called in this rule the husband) for maintenance under section 113(1) from his wife or former wife (as the case may be) must be supported by a report given by a registered medical practitioner stating all of the following matters:

(a)	the nature of the physical or mental disability or illness causing the husband to be incapacitated from earning a livelihood;
(b)	the date on which the husband began to suffer from that physical or mental disability or illness;
(c)	the extent to which the husband is incapacitated, by that physical or mental disability or illness, from earning a livelihood;
(d)	the period during which the husband is incapacitated, by that physical or mental disability or illness, from earning a livelihood.

(2) Despite paragraph (1), the Court may, in its discretion, allow the application mentioned in that paragraph to be supported by a report which states the matters mentioned in paragraph (1)(a) to (d), but is given by a foreign doctor, if the Court is satisfied that there is good reason to do so.

(3) The Court may require a report mentioned in paragraph (2) to be accompanied by documentary evidence of the foreign registration of the foreign doctor giving the report.

(4) In this rule —

“foreign doctor” means an individual who is duly authorised or registered to practise medicine in a state or territory other than Singapore by a foreign authority having the function conferred by law of authorising or registering individuals to practise medicine in that state or territory;

“foreign registration”, in relation to a foreign doctor, means the authorisation or registration of the foreign doctor to practise medicine in a state or territory other than Singapore by a foreign authority having the function conferred by law of authorising or registering individuals to practise medicine in that state or territory.”.

Amendment of rule 96

4. Rule 96(1) of the principal Rules is amended by deleting the words “the period fixed by the Court for making the judgment final” and substituting the words “3 months from the grant of the interim judgment or such shorter period as the Court may fix under section 99(1)”.

New rule 99A

5. The principal Rules are amended by inserting, immediately before rule 100 in Division 3 of Part 5, the following rule:

“Absence of respondent

99A.—(1) This rule and section 156 of the Criminal Procedure Code (Cap. 68) —

(a)	set out different circumstances in which the Court may proceed, in the absence of the respondent, to hear and determine an application for a protection order; and
(b)	are independent of each other.

(2) The Court may proceed, in the absence of the respondent, to hear and determine an application for a protection order, if —

(a)

the respondent —

(i)	does not appear at the time and place mentioned in the summons; or
(ii)	without reasonable excuse, does not appear at the time and place to which the application is adjourned;

(b)

it appears to the Court on oath or affirmation that the summons was duly served on the respondent a reasonable time before the time appointed in the summons for appearing; and

(c)

no sufficient ground is shown for an adjournment.

(3) A summons for an application for a protection order must be endorsed with a statement of the matters set out in paragraph (2).

(4) To avoid doubt, where the Court hears an application for a protection order in the absence of the respondent, the Court may —

(a)	examine the applicant and any witness called in support of the application; and
(b)	make a protection order if the Court is satisfied that the requirements for making the order have been met.

(5) Where the Court makes a protection order at a hearing, in the absence of the respondent, of an application for a protection order, the applicant must serve the order on the respondent —

(a)	by delivering it to the respondent personally;
(b)	by sending it by prepaid registered post to the last known address of the place of residence or business of the respondent; or
(c)	by affixing it to a conspicuous part of the last known address of the place of residence of the respondent.

(6) A protection order sent to the respondent by prepaid registered post in accordance with paragraph (5)(b) is to be treated as duly served on the respondent at the time when the order would in the ordinary course of post be delivered.

(7) In proving service by prepaid registered post, it is sufficient to prove that the cover containing the protection order was properly addressed, stamped and posted by prepaid registered post.

(8) Where a protection order is made in the absence of the respondent, the order must —

(a)	indicate that the order was made in the absence of the respondent; and
(b)	be accompanied by a memorandum stating that the respondent may apply under section 67(1) to revoke a protection order that was made in the absence of the respondent.

(9) Paragraphs (2) to (7) and (8)(a) apply, with the following modifications, to an application under section 67(1) to vary, suspend or revoke a protection order:

(a)	any reference to an application for a protection order, or to a summons for an application for a protection order, is to be construed as a reference to the application under section 67(1);
(b)	any reference to a protection order is to be construed as a reference to an order, made pursuant to the application under section 67(1), to vary, suspend or revoke a protection order;
(c)	any reference to an applicant is to be construed as a reference to the person making the application under section 67(1);
(d)	any reference to the respondent is to be construed as a reference to the person against whom the application under section 67(1) is made.

(10) To avoid doubt, in this rule, “protection order” includes any order mentioned in section 65(5)(a), (b) or (c).”.

New rule 114A

6. The principal Rules are amended by inserting, immediately after rule 114, the following rule:

“Evidence that husband is incapacitated from earning a livelihood, etc.

114A.—(1) An application under section 69(1A) by an incapacitated husband for maintenance from his wife must be supported by a report given by a registered medical practitioner stating all of the following matters:

(a)	the nature of the physical or mental disability or illness causing the husband to be incapacitated from earning a livelihood;
(b)	the date on which the husband began to suffer from that physical or mental disability or illness;
(c)	the extent to which the husband is incapacitated, by that physical or mental disability or illness, from earning a livelihood;
(d)	the period during which the husband is incapacitated, by that physical or mental disability or illness, from earning a livelihood.

(3) The Court may require a report mentioned in paragraph (2) to be accompanied by documentary evidence of the foreign registration of the foreign doctor giving the report.

(4) In this rule —

Amendment of rule 119

7. Rule 119(2) of the principal Rules is amended by deleting the words “section 79(1)” and substituting the words “section 79(4)”.

New Division 6 of Part 5

8. The principal Rules are amended by inserting, immediately after rule 131, the following Division:

“Division 6 — Additional matters relating to procedure and practice for proceedings under Parts VII and VIII of Act

Service of summons

131A.—(1) Despite anything in the Criminal Procedure Code (Cap. 68), a summons issued against a person under Part VIII of the Act (except an application made under section 69 or 70) may be served on that person —

(a)	by delivering it to that person personally;
(b)	by addressing it to that person, and delivering it to an adult individual who is a member of that person’s family at the last known address of the place of residence of that person;
(c)	by addressing it to that person, and delivering it to an adult individual apparently employed at the last known address of the place of business of that person;
(d)	by sending it by prepaid registered post to the last known address of the place of residence or business of that person;
(e)	by leaving a copy of the summons at the last known address of the place of residence or business of that person in an envelope addressed to that person; or
(f)	where the last known address of the place of residence, and the last known address of the place of business, of that person cannot be ascertained with reasonable diligence, by publishing a copy of the summons in the Gazette.

(2) Any summons sent by prepaid registered post in accordance with paragraph (1)(d) to the person against whom the summons is issued is to be treated as duly served on that person at the time when the summons would in the ordinary course of post be delivered.

(3) In proving service by prepaid registered post, it is sufficient to prove that the cover containing the summons was properly addressed, stamped and posted by prepaid registered post.

Examination of complaint

131B.—(1) Despite anything in section 151(2) of the Criminal Procedure Code (Cap. 68), where an application under Part VII or VIII of the Act is made by a complainant who is represented by an advocate and solicitor, the Magistrate to whom the complaint is made may, instead of complying with section 151(2)(a) of that Code —

(a)

allow the complainant to submit a written complaint which satisfies all of the following requirements:

(i)

the written complaint has been sworn or affirmed by the complainant before a commissioner for oaths or any other person duly authorised to administer oaths and affirmations;

(ii)

the written complaint contains a declaration by the complainant that —

(A)	the matters stated in the written complaint are true and correct; and
(B)	the complainant understands that the complainant commits an offence under section 199 of the Penal Code (Cap. 224) if the complainant makes, in the written complaint, any statement which is false, and which the complainant knows or believes to be false or does not believe to be true, touching any point material to the object for which the written complaint is made or used; and

(b)

examine the written complaint.

(2) After examining the written complaint under paragraph (1)(b), the Magistrate may —

(a)	exercise any of the powers under section 151(2)(b), 152 or 153 of the Criminal Procedure Code; or
(b)	postpone consideration of the matter until after the Magistrate has examined the complainant in person on oath or affirmation.

Relevant provisions of Criminal Procedure Code and other written law

131C. For the purposes of section 79(4)(b)(ii), an application to a Family Court under Part VII or VIII of the Act is to be dealt with —

(a)	in accordance with only the provisions of the Criminal Procedure Code (Cap. 68) set out in the Sixth Schedule; and
(b)	if the application involves the giving of evidence through a live video or live television link, in accordance with section 62A of the Evidence Act (Cap. 97).”.

Amendment of rule 186

9. Rule 186 of the principal Rules is amended by inserting, immediately after paragraph (4), the following paragraph:

“(5) Despite this rule, the Court may, on its own motion or on the plaintiff’s or applicant’s application, dispense with service of all or any of the documents mentioned in paragraph (1) on all or any of the persons mentioned in that paragraph.”.

Amendment of rule 189

10. Rule 189 of the principal Rules is amended by inserting, immediately after paragraph (2), the following paragraphs:

“(3) The Court may direct any party to any proceedings under the Act to serve on the Public Guardian any document filed by any party in those proceedings.

(4) The Registrar may, if the Registrar thinks fit, serve on the Public Guardian a copy of any document filed by any party in any proceedings under the Act.”.

Amendment of rule 243

11. Rule 243(8) of the principal Rules is amended by deleting the words “sealed with the seal of the Family Justice Courts”.

Amendment of rule 369

12. Rule 369 of the principal Rules is amended by deleting the words “rule 299 and” in paragraphs (3) and (4).

Deletion and substitution of rule 608

13. Rule 608 of the principal Rules is deleted and the following rule substituted therefor:

“Attendance of prisoner as witness or party

608.—(1) The Court may, on its own motion or on a party’s application, make an order under section 38 of the Prisons Act (Cap. 247) for the production before the Court of a person confined in a prison.

(2) A party’s application under paragraph (1) must be made by ex parte summons supported by an affidavit in Form 124.

(3) Where the Court, on a party’s application under paragraph (1), makes an order for the production of a witness, the costs of conveyance of the witness in safe custody to and from the Court must be paid in the first instance by that party, and are costs in the cause.

(4) An order for the production of a person confined in a prison must be in Form 125.”.

Deletion and substitution of rule 635

14. Rule 635 of the principal Rules is deleted and the following rule substituted therefor:

“Calling of other expert witnesses

635. Where a court expert is appointed in a cause or matter, a party cannot call, without the leave of the Court, any other expert witness to give evidence on the question reported on by the court expert.”.

Amendment of rule 671

15. Rule 671 of the principal Rules is amended —

(a)

by deleting the words “Subject to paragraph (2), where” in paragraph (1) and substituting the word “Where”; and

(b)

by deleting paragraph (2) and substituting the following paragraph:

“(2) Despite paragraph (1), the Court may, on such terms as it thinks fit to impose, do either or both of the following:

(a)	allow a person who is not a party to the proceedings to inspect or to be furnished with a copy of the judgment;
(b)	allow reports of the judgment (after the removal from the judgment of all information which may disclose or lead to the disclosure of the identity of any party to the proceedings) to be published in law reports and professional publications.”.

Amendment of rule 824

16. Rule 824(2) of the principal Rules is amended by deleting the words “in the Registry or” in sub‑paragraph (a).

Amendment of rule 828

17. Rule 828(2) of the principal Rules is amended —

(a)	by inserting, immediately after the words “(called in this Division the Respondent’s Case)”, the words “, and serve a copy of it on the appellant or the appellant’s solicitor”; and
(b)	by deleting the word “him” in sub‑paragraphs (a) and (b) and substituting in each case the words “the respondent”.

Amendment of rule 839

18. Rule 839 of the principal Rules is amended by inserting, immediately after paragraph (4), the following paragraph:

“(5) Without prejudice to the power of the Family Division of the High Court under rule 15 to extend the time prescribed by any provision of this rule, the period for issuing and serving the notice of appeal under paragraph (2) may be extended by a Family Court on application made before the expiration of that period.”.

Amendment of rule 841

19. Rule 841 of the principal Rules is amended by deleting the words “Family Justice Courts” and substituting the words “Family Court”.

Amendment of rule 898

20. Rule 898(1) of the principal Rules is amended by deleting the words “by a solicitor’s clerk” and substituting the words “or a solicitor’s clerk”.

Amendment of Fifth Schedule

21. The Fifth Schedule to the principal Rules is amended —

(a)

by deleting the word “sealing” in item 10 of Part 1 and substituting the word “issuing”;

(b)

by inserting, immediately after item 11 of Part 4, the following item:

“

11A.

On entering an appearance for each party

$100

$200

$20

$200

The filed copy

”; and

(c)

by deleting the words “that is not a judgment, sentence, order or deposition or any other part of the record of proceedings” in item 5 of Part 6 and substituting the words “(including a judgment, a sentence, an order, a deposition or any other part of the record of proceedings)”.

New Sixth Schedule

22. The principal Rules are amended by inserting, immediately after the Fifth Schedule, the following Schedule:

“SIXTH SCHEDULE

Rule 131C(a)

Applicable Provisions of
Criminal Procedure Code (Cap. 68)

First column
Applicable provision

Second column
Description of applicable provision

Section 2

Interpretation

Section 3

Service of notices, orders and documents

3.	Section 64(1)(a)

When arrest may be made without warrant

4.	Section 67

How arrested person to be dealt with

5.	Section 68

Person arrested not to be detained more than 48 hours

6.	Section 69

Warrant to whom directed

7.	Section 70

Arrest of person subject to warrant

8.	Section 71

Form of arrest warrant

9.	Section 72

Court may endorse on warrant security to be taken

10.	Section 73

Notification of content of warrant

11.	Section 74

Arrested person to be brought before court without delay

12.	Section 75

How to arrest

13.	Section 76

No unnecessary restraint

14.	Section 77

Search of place entered by person sought to be arrested

15.	Section 78

Search of person arrested and his premises

16.	Section 79

Power to seize offensive weapons

17.	Section 80

Search for name and address

18.	Section 81

Detention and search of persons in place searched

19.	Section 82

Mode of freeing persons

20.	Section 83

Mode of searching women

21.	Section 84

Power to pursue and arrest after escape or rescue

22.	Section 85

Release of arrested person

23.	Section 86

Public assistance in arrests

24.	Section 87

Assisting person other than police officer to execute warrant

25.	Section 91

Interpretation of Division 5 of Part VI of Criminal Procedure Code

26.	Section 92

When person must be released on bail or personal bond

27.	Section 94

Conditions of bail or personal bond

28.	Section 95(1)(b)

Exceptions to bail or release on personal bond

29.	Section 96

Amount of bond

30.	Section 97

High Court’s powers to grant or vary bail

31.	Section 98

Application for bail or release on personal bond in High Court

32.	Section 99

Bond to be executed

33.	Section 100

Person to be released

34.	Section 101

Released person to give address for service

35.	Section 102

Withdrawal, change of conditions, etc., of bail

36.	Section 103

Liability to arrest for absconding or breaking conditions of bail or personal bond

37.	Section 104

Duties of surety

38.	Section 105

Surety may apply to have bond discharged

39.	Section 106

Security instead of surety

40.	Section 107

Procedure on forfeiture of bond

41.	Section 108

Appeal from orders

42.	Section 115

Form and validity of summons, etc.

43.	Section 116(1), (5)(a), (6) and (7)

Service of summons

44.	Section 119

Proof of service

45.	Section 120

Issue of warrant instead of or in addition to summons

46.	Section 121

Service of summons: reciprocal arrangements with Malaysia and Brunei Darussalam

47.	Section 149

Death of accused

48.	Section 150

Initiation of criminal proceedings

49.	Section 151

Examination of complaint

50.	Section 152

Dismissal of complaint

51.	Section 153

Issue of summons or warrant

52.	Section 154

Personal attendance of accused may be dispensed with

53.	Section 156

Absence of accused

54.	Section 237

Change of judge during trial

55.	Section 238(1), (2), (4) and (5)

Power to postpone or adjourn proceedings

56.	Section 262

Use of affidavits sworn by witnesses

57.	Section 282

Attendance of prisoner as witness

58.	Section 283

Power of court to summon and examine persons

59.	Section 284

When person bound to give evidence intends to leave Singapore

60.	Section 285

Recording of evidence

61.	Section 286

Manner of recording evidence

62.	Section 288

Interpretation of evidence to accused

63.	Section 289

Remarks as to demeanour of witness

64.	Section 298(1) to (4), (9), (10) and (11)

Mode of delivering judgment

65.	Section 301(1) (including Illustrations)

Judgment not to be altered

66.	Section 302

Judgment to be filed with record

67.	Section 410

Procedure as to offences committed in court, etc.

68.	Section 411

Record of facts constituting offence

69.	Section 412

Alternative procedure

70.	Section 413

Power to remit punishment

71.	Section 414

Refusal to give evidence

72.	Section 415

Appeal

73.	Section 423

When irregularities do not make proceedings invalid

74.	Section 429(1), (3), (14), (17) and (21)

Savings and transitional provisions

”.

[G.N. No. S 144/2015]

Made on 29 June 2016.

SUNDARESH MENON

Chief Justice.

JUDITH PRAKASH

Judge.

VALERIE THEAN

Presiding Judge of the
Family Justice Courts.

CHIA WEE KIAT

Registrar of the
Family Justice Courts.

LIM HUI MIN

Director of Legal Aid.

YAP TEONG LIANG

Advocate and Solicitor.

FOO SIEW FONG

Advocate and Solicitor.

[AG/LEGIS/SL/104A/2015/1 Vol. 1]

(To be presented to Parliament under section 46(7) of the Family Justice Act 2014).

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