No. S 551
Supreme Court of Judicature Act
(Chapter 322)
Rules of Court (Amendment No. 2) Rules 1999
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 other written law, we, the Rules Committee, hereby make the following Rules:
Citation and commencement
1.—(1)  These Rules may be cited as the Rules of Court (Amendment No. 2) Rules 1999 and shall come into operation on 15th December 1999.
(2)  Rules 6, 7, 8, 9, 10, 12 and 13 of these Rules shall apply to causes or matters commenced on or after 1st January 2000.
Amendment of Order 3
2.  Order 3 of the Rules of Court (R 5) (referred to in these Rules as the principal Rules) is amended by deleting Rule 5.
Amendment of Order 15
3.  Order 15, Rule 4 of the principal Rules is amended by inserting, immediately after paragraph (3), the following paragraph:
“This paragraph shall not apply to any relief claimed under section 15 of the Civil Law Act (Cap. 43).”.
Amendment of Order 21
4.  Order 21, Rule 2 of the principal Rules is amended by deleting paragraph (6) and substituting the following paragraphs:
“(6)  Where a year has elapsed since the last proceeding in an action, a cause or a matter, the action, cause or matter is deemed to have been discontinued.
(7)  Paragraph (6) shall apply to an action, a cause or a matter, whether it commenced before, on or after 15th December 1999, but where the last proceeding in the action, cause or matter took place before 1st January 2000, the period of one year shall only begin on 1st January 2000.
(8)  Where an action, a cause or a matter has been discontinued under paragraph (5) or (6), the Court may, on application, reinstate the action, cause or matter, and allow it to proceed on such terms as it thinks just.”.
Amendment of Order 22A
5.  Order 22A, Rule 9 of the principal Rules is amended by inserting, immediately after paragraph (4), the following paragraph:
“(5)  Without prejudice to paragraphs (1), (2) and (3), where an offer to settle has been made, and notwithstanding anything in the offer to settle, the Court shall have full power to determine by whom and to what extent any costs are to be paid, and the Court may make such a determination upon the application of a party or of its own motion.”.
Deletion and substitution of Order 24
6.  Order 24 of the principal Rules is deleted and the following Order substituted therefor:
“ORDER 24
DISCOVERY AND INSPECTION OF DOCUMENTS
Order for discovery (O. 24, r. 1)
1.—(1)  Subject to this Rule and Rules 2 and 7, the Court may at any time order any party to a cause or matter (whether begun by writ, originating summons or otherwise) to give discovery by making and serving on any other party a list of the documents which are or have been in his possession, custody or power, and may at the same time or subsequently also order him to make and file an affidavit verifying such a list and to serve a copy thereof on the other party.
(2)  The documents which a party to a cause or matter may be ordered to discover under paragraph (1) are as follows:
(a)the documents on which the party relies or will rely; and
(b)the documents which could —
(i)adversely affect his own case;
(ii)adversely affect another party’s case; or
(iii)support another party’s case.
(3)  An order under this Rule may be limited to such documents or classes of documents only, or to only such of the matters in question in the cause or matter, as may be specified in the order.
Order for determination of issue, etc., before discovery (O. 24, r. 2)
2.—(1)  Where on an application for an order under Rule 1 it appears to the Court that any issue or question in the cause or matter should be determined before any discovery of documents is made by the parties, the Court may order that that issue or question be determined first.
(2)  Where in an action begun by writ an order is made under this Rule for the determination of an issue or question, Order 25, Rules 2 to 7 shall, with the omission of so much of Rule 7(1) as requires parties to serve a notice specifying the orders and directions which they desire and with any other necessary modifications, apply as if the application on which the order was made were a summons for directions.
Form of list and affidavit (O. 24, r. 3)
3.—(1)  A list of documents made in compliance with an order under Rule 1 must be in Form 40, and must enumerate the documents in a convenient order and as shortly as possible but describing each of them or, in the case of bundles of documents of the same nature, each bundle, sufficiently to enable it to be identified.
(2)  If it is desired to claim that any documents are privileged from production, the claim must be made in the list of documents with a sufficient statement of the grounds of the privilege.
(3)  An affidavit made under Rule 1(1) verifying a list of documents must be in Form 41.
Defendant entitled to copy of co-defendant’s list (O. 24, r. 4)
4.—(1)  A defendant who has pleaded in an action shall be entitled to have a copy of any list of documents served under Rules 1, 2 and 3 on the plaintiff by any other defendant to the action; and a plaintiff against whom a counterclaim is made in an action begun by writ shall be entitled to have a copy of any list of documents served under any of those Rules on the party making the counterclaim by any other defendant to the counterclaim.
(2)  A party required under paragraph (1) to supply a copy of a list of documents must supply it free of charge on a request made by the party entitled to it.
(3)  Where in an action begun by originating summons the Court makes an order under Rule 1 requiring a defendant to the action to serve a list of documents on the plaintiff, it may also order him to supply any other defendant to the action with a copy of that list.
(4)  In this Rule, “list of documents” includes an affidavit verifying a list of documents.
Order for discovery of particular documents (O. 24, r. 5)
5.—(1)  Subject to Rule 7, the Court may at any time, on the application of any party to a cause or matter, make an order requiring any other party to make an affidavit stating whether any document specified or described in the application or any class of document so specified or described is, or has at any time been, in his possession, custody or power, and if not then in his possession, custody or power, when he parted with it and what has become of it.
(2)  An order may be made against a party under this Rule notwithstanding that the party may already have made or been required to make a list of documents or an affidavit under Rule 1.
(3)  An application for an order under this Rule must be supported by an affidavit stating the belief of the deponent that the party from whom discovery is sought under this Rule has, or at some time had, in his possession, custody or power, the document, or class of document, specified or described in the application and that it falls within one of the following descriptions:
(a)a document on which the party relies or will rely;
(b)a document which could —
(i)adversely affect his own case;
(ii)adversely affect another party’s case; or
(iii)support another party’s case; and
(c)a document which may lead the party seeking discovery of it to a train of inquiry resulting in his obtaining information which may —
(i)adversely affect his own case;
(ii)adversely affect another party’s case; or
(iii)support another party’s case.
(4)  An order under this Rule shall not be made in any cause or matter in respect of any party before an order under Rule 1 has first been obtained in respect of that party, unless, in the opinion of the Court, the order is necessary or desirable.
Discovery against other person (O. 24, r. 6)
6.—(1)  An application for an order for the discovery of documents before the commencement of proceedings shall be made by originating summons in Form 7 and the person against whom the order is sought shall be made defendant to the summons.
(2)  An application after the commencement of proceedings for an order for the discovery of documents by a person who is not a party to the proceedings shall be made by summons, which must be served on that person personally and on every party to the proceedings.
(3)  A summons under paragraph (1) or (2) shall be supported by an affidavit which must —
(a)in the case of a summons under paragraph (1), state the grounds for the application, the material facts pertaining to the intended proceedings and whether the person against whom the order is sought is likely to be party to subsequent proceedings in Court;
(b)in any case, specify or describe the documents in respect of which the order is sought and show, if practicable by reference to any pleading served or intended to be served in the proceedings, that the documents are relevant to an issue arising or likely to arise out of the claim made or likely to be made in the proceedings or the identity of the likely parties to the proceedings, or both, and that the person against whom the order is sought is likely to have or have had them in his possession, custody or power.
(4)  A copy of the supporting affidavit shall be served with the summons on every person on whom the summons is required to be served.
(5)  An order for the discovery of documents before the commencement of proceedings or for the discovery of documents by a person who is not a party to the proceedings may be made by the Court for the purpose of or with a view to identifying possible parties to any proceedings in such circumstances where the Court thinks it just to make such an order, and on such terms as it thinks just.
(6)  An order for the discovery of documents may —
(a)be made conditional on the applicant’s giving security for the costs of the person against whom it is made or on such other terms, if any, as the Court thinks just; and
(b)require the person against whom the order is made to make an affidavit stating whether the documents specified or described in the order are, or at any time have been, in his possession, custody or power and, if not then in his possession, custody or power, when he parted with them and what has become of them.
(7)  No person shall be compelled by virtue of such an order to produce any document which he could not be compelled to produce —
(a)in the case of a summons under paragraph (1), if the subsequent proceedings had already been begun; or
(b)in the case of a summons under paragraph (2), if he had been served with a writ of subpoena duces tecum to produce the documents at the trial.
(8)  For the purpose of Rules 10 and 11, an application for an order under this Rule shall be treated as a cause or matter between the applicant and the person against whom the order is sought.
(9)  Unless the Court orders otherwise, where an application is made in accordance with this Rule for an order, the person against whom the order is sought shall be entitled to his costs of the application, and of complying with any order made thereon on an indemnity basis.
Discovery to be ordered only if necessary (O. 24, r. 7)
7.  On the hearing of an application for an order under Rule 1, 5 or 6, the Court may, if satisfied that discovery is not necessary, or not necessary at that stage of the cause or matter, dismiss or, as the case may be, adjourn the application and shall in any case refuse to make such an order if and so far as it is of opinion that discovery is not necessary either for disposing fairly of the cause or matter or for saving costs.
Duty to discover continues throughout proceedings (O. 24, r. 8)
8.  After the making of any order under Rule 1 or 5, the party required to give discovery under any such order shall remain under a duty to continue to give discovery of all documents falling within the ambit of such order until the proceedings in which the order was made are concluded.
Inspection of documents referred to in list (O. 24, r. 9)
9.  A party who has served a list of documents on any other party in compliance with an order under Rule 1 must allow the other party to inspect the documents referred to in the list (other than any which he objects to produce) and to take copies thereof and, accordingly, he must when he serves the list on the other party also serve on him a notice in Form 42 stating a time within 7 days after the service thereof at which the documents may be inspected at a place specified in the notice.
Inspection of documents referred to in pleadings and affidavits (O. 24, r. 10)
10.—(1)  Any party to a cause or matter shall be entitled at any time to serve a notice in Form 43 on any other party in whose pleadings or affidavits reference is made to any document requiring him to produce that document for the inspection of the party giving the notice and to permit him to take copies thereof.
(2)  The party on whom a notice is served under paragraph (1) must, within 4 days after service of the notice, serve on the party giving the notice a notice in Form 44 stating a time within 7 days after the service thereof at which the documents, or such of them as he does not object to produce, may be inspected at a place specified in the notice, and stating which (if any) of the documents he objects to produce and on what grounds.
Order for production for inspection (O. 24, r. 11)
11.—(1)  If a party who is required by Rule 9 to serve such a notice as is therein mentioned or who is served with a notice under Rule 10(1) —
(a)fails to serve a notice under Rule 9 or, as the case may be, Rule 10(2);
(b)objects to produce any document for inspection; or
(c)offers inspection at a time or place such that, in the opinion of the Court, it is unreasonable to offer inspection then or, as the case may be, there,
then, subject to Rule 13(1), the Court may, on the application of the party entitled to inspection, make an order in Form 45 for the production of the documents in question for inspection at such time and place, and in such manner, as it thinks fit.
(2)  Without prejudice to paragraph (1), but subject to Rule 13(1), the Court may, on the application of any party to a cause or matter, order any other party to permit the party applying to inspect any documents in the possession, custody or power of that other party in respect of which discovery has been given under any Rule in this Order or in pursuance of any order made thereunder.
(3)  An application for an order under paragraph (2) must be supported by an affidavit specifying or describing the documents of which inspection is sought and stating the belief of the deponent that they are in the possession, custody or power of the other party and that discovery has been given of them under any Rule in this Order or in pursuance of any order made thereunder.
Order for production to Court (O. 24, r. 12)
12.—(1)  At any stage of the proceedings in any cause or matter the Court may, subject to Rule 13(1), order any party to produce to the Court any document in his possession, custody or power that falls within one of the following descriptions:
(a)documents on which a party applying relies or will rely;
(b)documents which could —
(i)adversely affect a party’s case; or
(ii)support a party’s case; and
(c)documents which may lead to a train of inquiry resulting in the obtaining of information which may —
(i)adversely affect a party’s case; or
(ii)support a party’s case.
(2)  The Court may deal with the document when produced in pursuance of an order made under paragraph (1) in such manner as it thinks fit.
Production to be ordered only if necessary, etc. (O. 24, r. 13)
13.—(1)  No order for the production of any documents for inspection or to the Court shall be made under any of the foregoing Rules unless the Court is of the opinion that the order is necessary either for disposing fairly of the cause or matter or for saving costs.
(2)  Where on an application under this Order for the production of any document for inspection or to the Court privilege from such production is claimed or objection is made to such production on any other ground, the Court may inspect the document for the purpose of deciding whether the claim or objection is valid.
Production of business books (O. 24, r. 14)
14.—(1)  Where the production of any business books for inspection is applied for under any of the foregoing Rules, the Court may, instead of ordering the production of the original books for inspection, order a copy of any entries therein to be supplied and verified by an affidavit of some person who has examined the copy with the original books.
(2)  Any such affidavit shall state whether or not there are in the original book any, and, if so what, erasures, interlineations or alterations.
(3)  Notwithstanding that a copy of any entries in any book has been supplied under this Rule, the Court may order production of the book from which the copy was made.
Document disclosure of which would be injurious to public interest: Saving (O. 24, r. 15)
15.  Rules 1 to 14 shall be without prejudice to any rule of law which authorises or requires the withholding of any document on the ground that the disclosure of it would be injurious to the public interest.
Failure to comply with requirement for discovery, etc. (O. 24, r. 16)
16.—(1)  If any party who is required by any Rule in this Order, or by any order made thereunder, to make discovery of documents or to produce any document for the purpose of inspection or any other purpose, fails to comply with any provision of the Rules in this Order, or with any order made thereunder, or both, as the case may be, then, without prejudice to Rule 11(1), in the case of a failure to comply with any such provision, the Court may make such order as it thinks just including, in particular, an order that the action be dismissed or, as the case may be, an order that the defence be struck out and judgment be entered accordingly.
(2)  If any party or person against whom an order for discovery or production of documents is made fails to comply with it, then, without prejudice to paragraph (1), he shall be liable to committal.
(3)  Service on a party’s solicitor of an order for discovery or production of documents made against that party shall be sufficient service to found an application for committal of the party disobeying the order, but the party may show in answer to the application that he had no notice or knowledge of the order.
(4)  A solicitor on whom such an order made against his client is served and who fails, without reasonable excuse, to give notice thereof to his client shall be liable to committal.
(5)  A party who is required by any Rule in this Order, or by any order made thereunder, to make discovery of documents or to produce any documents for the purpose of inspection or any other purpose, but who fails to comply with any provision of that Rule or with that order, as the case may be, may not rely on those documents save with the leave of the Court.
Revocation and variation of orders (O. 24, r. 17)
17.  Any order made under this Order (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order or direction of the Court made or given at or before the trial of the cause or matter in connection with which the original order was made.
Production of certain documents in marine insurance actions (O. 24, r. 18)
18.—(1)  Where in any action relating to a marine insurance policy an application for discovery of documents is made by the insurer under Rule 1 then without prejudice to its powers under that Rule, the Court may, if satisfied that the circumstances of the case are such that it is necessary or expedient to do so, make an order, either in Form 45A in Appendix A or in such other form as it thinks fit, for the production of such documents as are therein specified or described.
(2)  An order under this Rule may be made on such terms, if any, as to staying proceedings in the action or otherwise, as the Court thinks fit.
Restriction on use of privileged document, inspection of which has been inadvertently allowed (O. 24, r. 19)
19.  Where a party inadvertently allows a privileged document to be inspected, the party who inspected it may use it or its contents only if the leave of the Court to do so is first obtained.”.
Amendment of Order 25
7.  Order 25 of the principal Rules is amended —
(a)by deleting the comma immediately after the words “Rule 22” in Rule 1(2)(b);
(b)by deleting the words “Rule 4,” in sub-paragraph (c) of Rule 1(2) and substituting the words “Rule 2”;
(c)by deleting paragraph (3) of Rule 1;
(d)by deleting the words “paragraphs (1) to (3)” in paragraph (4) of Rule 1 and substituting the words “paragraphs (1) and (2)”; and
(e)by deleting sub-paragraph (a) of Rule 8(1) and substituting the following sub-paragraph:
“(a)there shall be discovery of documents within 14 days in accordance with Order 24 and inspection within 7 days thereafter, except that where liability is admitted, discovery shall be limited to discovery by the plaintiff of any document relating to damages;”.
Amendment of Order 26A
8.  Order 26A, Rule 1 of the principal Rules is amended —
(a)by deleting the words “the High Court or Subordinate Courts, as the case may be” in the 5th and 6th lines of sub-paragraph (a) of paragraph (3) and substituting the word “Court”;
(b)by inserting, immediately after the word “proceedings” in the last line of sub-paragraph (b) of paragraph (3), the words “or the identity of the likely parties to the proceedings, or both”; and
(c)by inserting, immediately after paragraph (4), the following paragraph:
“(5)  An order to administer interrogatories before the commencement of proceedings or to administer interrogatories to a person who is not a party to the proceedings may be made by the Court for the purpose of or with a view to identifying possible parties to any proceedings in such circumstances where the Court thinks it just to make such an order, and on such terms as it thinks just.”.
Amendment of Order 27
9.  Order 27, Rule 4 of the principal Rules is amended —
(a)by inserting, immediately after the words “Order 24” in the 4th line of paragraph (1) and in the 2nd line of paragraph (3), the words “or any order made thereunder”; and
(b)by deleting paragraph (4) and substituting the following paragraph:
“(4)  Paragraphs (1) to (3) apply in relation to an affidavit made in compliance with an order under Order 24, Rule 5, as they apply in relation to a list of documents served in pursuance of any provision of that Order or any order made thereunder.”.
Amendment of Order 59
10.  Appendix 2 to Order 59 of the principal Rules is amended by deleting Parts II and III and substituting the following Parts:
“Part II
Basic Costs
Costs to be allowed in cases under the following sub-paragraphs of paragraph 1(1) of Part I:
 
High Court
District Court
Magistrate’s Court
 
$
$
$
(a) Under sub-paragraph (a)
2,000
1,500
800
(b) Under sub-paragraph (b)
2,300
1,800
1,000
(c) Under sub-paragraph (c)
4,000 to 15,000
3,000 to 10,000
2,000 to 6,000
Costs for Additional Items
 
Costs to be allowed
 
High Court
District Court
Magistrate’s Court
 
$
$
$
2.—(1) Where there is more than one defendant, in respect of each additional defendant served —
 
 
 
(a) if the additional defendant is represented by the same solicitor as any other defendant
100
100
100
(b) in any other case
200
200
150
(2) Where substituted service is ordered and effected, in respect of each defendant served
350 plus disbursement
350 plus disbursement
300 plus disbursement
(3) Where service out of jurisdiction is ordered and effected
700 plus disbursement
700 plus disbursement
600 plus disbursement
(4) In the case of a judgment in default of defence or judgment under Order 14, where notice of appearance is not given on the day on which appearance is entered, and the plaintiff makes an affidavit of service for the purpose of a judgment in default of appearance (the allowance to include the search fee)
200
200
150
(5) In the case of a judgment under Order 14 where an affidavit of service of the summons is required
200
200
150
(6) In the case of a judgment in default of appearance or defence on an application by summons under Order 79, Rule 4
200
200
200
And where there is more than one defendant in respect of each additional defendant
150
150
100
Part III
Miscellaneous
3.  Where a plaintiff or defendant signs judgment for costs under Rule 10, there shall be allowed —
 
Costs to be allowed
 
High Court
District Court
Magistrate’s Court
 
$
$
$
Costs of judgment
300
300
200
4.  Where upon the application of any person who has obtained a judgment or order against a debtor for the recovery or payment of money a garnishee order is made under Order 49, Rule 1 against a garnishee attaching debts owing or accruing from him to the debtor, the following costs shall be allowed:
(a)to the garnishee, to be deducted by him from any debt owing by him as aforesaid before payments to the applicant —
If no affidavit used
If affidavit used
High Court
District Court
Magistrate’s Court
High Court
District Court
Magistrate’s Court
$
$
$
$
$
$
150
150
150
300
300
300
(b)to the applicant, to be retained, unless the Court otherwise orders, out of the money recovered by him under the garnishee order and in priority to the amount of the debt owing to him under the judgment or order —
 
Costs to be allowed
 
High Court
District Court
Magistrate’s Court
$
$
$
750
750
600
(c)where the garnishee fails to attend the hearing of the application and an affidavit of service is required —
 
Costs to be allowed
 
High Court
District Court
Magistrate’s Court
$
$
$
200
200
150
5.  Where leave is given under Order 45, Rule 3 to enforce a judgment or order for the recovery of possession of land by writ of possession, if costs are allowed on the judgment or order there shall be allowed the following costs, which shall be added to the judgment or order:
 
High Court
District Court
 
$
$
(a) Costs
800
800
(b) Where notice of proceedings has been given to more than one person, in respect of each additional person
100
100
6.  Where a writ of execution within the meaning of Order 46, Rule 1 is issued against any party, there shall be allowed —
 
Costs to be allowed
 
High Court
District Court
Magistrate’s Court
 
$
$
$
Costs of issuing execution
750
750
400 where it is a Small Claims action; 600 in any other case.”.
Deletion and substitution of Order 63A
11.  Order 63A of the principal Rules is deleted and the following Order substituted therefor:
“ORDER 63A
ELECTRONIC FILING AND SERVICE
Definitions (O. 63A, r. 1)
1.  In this Order —
“authentication code” means any identification or identifying code, password or any other authentication method or procedure which has been assigned by the Registrar for the purpose of identifying and authenticating the access to and use of the electronic filing service;
“electronic filing service” means the electronic filing service established under Rule 2;
“electronic transmission” means electronic transmission by a registered user using the computer system provided for this purpose by the network service provider;
“identification name” means the identification name assigned by the Registrar under Rule 6(1);
“network service provider” means a network service provider appointed by the Registrar, with the approval of the Chief Justice, under Rule 3;
“registered user” means a person who has been registered by the Registrar to gain access to and use the electronic filing service under Rule 5;
“service bureau” means a service bureau which the Registrar has authorised to be established in pursuance of Rule 4 for the purpose of assisting in the filing, service, delivery or conveyance of documents using the electronic filing service;
“specified documents” means documents which are specified in any practice directions for the time being issued by the Registrar as being documents which may be or must be filed in Court using the electronic filing service.
Establishment of electronic filing service (O. 63A, r. 2)
2.  The Registrar may, with the approval of the Chief Justice, establish an electronic filing service and make provision for specified documents to be filed, served, delivered or otherwise conveyed using that service.
Network service provider (O. 63A, r. 3)
3.  The electronic filing service shall be operated by a network service provider appointed by the Registrar with the approval of the Chief Justice.
Service bureau (O. 63A, r. 4)
4.—(1)  The Registrar may establish or appoint agents to establish a service bureau or service bureaux to assist in the filing, service, delivery or conveyance of documents using the electronic filing service.
(2)  Any agent appointed by the Registrar in pursuance of paragraph (1) shall not be treated as such for the purposes of the acceptance of the payment of fees or service charges.
Registered user (O. 63A, r. 5)
5.—(1)  Any person or entity may apply to the Registrar to be a registered user in accordance with any procedures and on payment of such fees as may be prescribed for such applications in any practice directions for the time being issued by the Registrar.
(2)  The Registrar may allow a person or entity to become a registered user on such terms and with such restrictions pertaining to the electronic filing, service, delivery or conveyance of documents as he thinks fit.
(3)  Before using the electronic filing service, the registered user shall —
(a)enter into an agreement with the network service provider for the provision of the network service, and the necessary computer and communication equipment and software necessary to use the electronic filing service; and
(b)make arrangements with the Registrar for the mode of payment of the applicable fees prescribed in these Rules.
(4)  The Registrar may waive the application of paragraph (3), in whole or in part, in relation to such registered users or class of registered users as he thinks appropriate.
Authentication code (O. 63A, r. 6)
6.—(1)  Before using the electronic filing service, the registered user shall apply to the Registrar for one or more identification names and authentication codes to be assigned to him or his authorised agent.
(2)  The registered user or his authorised agent shall register his particulars with the Registrar and acknowledge in writing safe receipt of the identification name and authentication code assigned to him by the Registrar.
(3)  The registered user or his authorised agent shall inform the Registrar in writing of any change in particulars.
(4)  When the authority of an authorised agent is revoked or terminated, the registered user shall immediately request the Registrar in writing to cancel the identification name and authentication code of that authorised agent in the manner specified in practice directions for the time being issued by the Registrar.
Security of authentication code (O. 63A, r. 7)
7.  The registered user or his authorised agent shall ensure the confidentiality and security of his authentication code and shall not —
(a)divulge his authentication code to any other person; or
(b)permit any other person to use his authentication code.
Electronic filing (O. 63A, r. 8)
8.—(1)  Where a specified document is required to be filed with, served on, delivered or otherwise conveyed to the Registrar under any other provision of these Rules, it must be so filed, served, delivered or otherwise conveyed using the electronic filing service in accordance with this Order and any practice directions for the time being issued by the Registrar.
(2)  Filing, service, delivery or conveyance of a specified document using the electronic filing service in pursuance of paragraph (1) may be done in one of two ways —
(a)by electronic transmission; or
(b)via a service bureau.
(3)  Notwithstanding anything in paragraph (1), the Registrar may allow a document, part of a document or any class of documents to be filed, served, delivered or otherwise conveyed other than by using the electronic filing service.
(4)  The form of any specified document shall be as prescribed in any practice directions for the time being issued by the Registrar, and shall, in the absence of such prescription, be in the form prescribed by Order 1, Rule 7.
Signing of electronic documents (O. 63A, r. 9)
9.  Where a specified document is filed, served, delivered or otherwise conveyed using the electronic filing service, any requirement under any other provision of these Rules relating to signing by or the signature of —
(a)the registered user, shall be deemed to be complied with if the identification name and authentication code of the registered user has been applied to the document or the transmission containing the document;
(b)the Registrar, shall be deemed to be complied with if the identification name and authentication code of the Registrar has been applied to the document or the transmission containing the document, or a facsimile of the Registrar’s signature is reproduced in the document.
Date of filing (O. 63A, r. 10)
10.—(1)  Where a document is filed with, served on, delivered or otherwise conveyed to the Registrar using the electronic filing service and is subsequently accepted by the Registrar, it shall be deemed to be filed, served, delivered or conveyed —
(a)where the document is filed, served, delivered or conveyed by electronic transmission, on the date and at the time that the first part of the transmission is received in the computer account of the network service provider;
(b)where the document is filed, served, delivered or conveyed via a service bureau, on the date and at the time that the first part of the transmission is received in the computer account of the Registrar.
(2)  Where an originating process is filed or otherwise conveyed using the electronic filing service and it is subsequently accepted by the Registrar, it shall be deemed to be issued —
(a)where the document is filed or conveyed by electronic transmission, on the date and at the time that the first part of the transmission is received in the computer account of the network service provider;
(b)where the document is filed or conveyed via a service bureau, on the date and at the time that the first part of the transmission is received in the computer account of the Registrar.
(3)  The registered user may produce a record of the transmission issued by the network service provider or the service bureau, as the case may be, together with a copy of the notification of acceptance of the document by the Registrar as evidence of —
(a)the filing or issuance of an originating process;
(b)the filing, service, delivery or conveyance of any other document; or
(c)the date and time either or both of these events took place.
(4)  If the Registrar is satisfied for any reason that a specified document should be treated as having been filed with, served on, delivered or otherwise conveyed to the Registrar, or issued, at some earlier date and time, than the date and time provided for under paragraph (1) or (2), he may cause the electronic filing service to reflect such earlier date and time, and that earlier date and time shall be deemed for all purposes to be the date and time on and at which the document was filed, served, delivered, conveyed or issued, as the case may be.
When time for service begins to run (O. 63A, r. 11)
11.—(1)  Where a document is filed with, served on, delivered or otherwise conveyed to the Registrar by electronic transmission, the time for service of that document shall only begin to run from the time that the Registrar’s notification of his acceptance of the document is received in the computer account of that registered user.
(2)  Where a document is filed with or otherwise conveyed to the Registrar via a service bureau, the time for service of that document shall only begin to run from the time that the Registrar’s notification of his acceptance of the document is received by the service bureau.
(3)  If the Registrar’s notification referred to in paragraphs (1) and (2) is received in the computer account or the service bureau respectively after 12 noon on a Saturday, or on a Sunday or public holiday, it shall be deemed for the purpose of this Rule to have been received on the working day next following that Saturday, Sunday or public holiday, as the case may be.
(4)  In paragraph (3), “working day” means any day other than Sunday or a public holiday.
Service of documents (O. 63A, r. 12)
12.—(1)  If a specified document —
(a)other than a document which is required by these Rules to be served personally; or
(b)being a document which is required by these Rules to be served personally and which the party to be served has agreed may be served using the electronic filing service, is required under any other provision of these Rules to be served, delivered or otherwise conveyed by a registered user (referred to in this Rule as the first registered user) on any other person and that person is a registered user or is represented by a solicitor who is a registered user (referred to in this Rule as the second registered user), such service, delivery or conveyance may be effected by using the electronic filing service.
(2)  The document shall be deemed to be served, delivered or otherwise conveyed on the date and at the time that it is received in the computer account of the second registered user.
(3)  The first registered user may produce a record of the service, delivery or conveyance on the second registered user using the electronic filing service issued by the network service provider as evidence of the service, delivery or conveyance, as well as the date and time of such service, delivery or conveyance.
(4)  Where a specified document has to be served, delivered or conveyed by the first registered user on or to more than one person, the first registered user may effect such service, delivery or conveyance using the electronic filing service on such of those persons who are registered users, and paragraphs (1), (2) and (3) of this Rule shall apply with such modifications as are necessary.
Notification or delivery by Registrar (O. 63A, r. 13)
13.  Where the Registrar is required by any other provision of these Rules to notify or to deliver or furnish any document to a person who is a registered user, the Registrar may do so using the electronic filing service.
Mode of amendment of electronic documents (O. 63A, r. 14)
14.  Amendments to specified documents shall be effected in the manner prescribed in any practice directions for the time being issued by the Registrar.
Affidavits in electronic form (O. 63A, r. 15)
15.—(1)  Affidavits which are filed in Court using the electronic filing service may be used in all proceedings to the same extent and for the same purposes as paper affidavits filed in Court.
(2)  An affidavit to be filed in Court using the electronic filing service may be sworn in one of two ways —
(a)electronically; or
(b)in the usual way in which the deponent signs the original paper affidavit.
(3)  An affidavit may be sworn electronically if —
(a)the person before whom the affidavit to be sworn is at that time —
(i)a registered user; and
(ii)a person having authority to administer oaths;
(b)the person referred to in sub-paragraph (a) uses a jurat prescribed in a practice direction for the time being issued by the Registrar for the swearing of affidavits by electronic means;
(c)the affidavit is affixed or encoded with the identification name and authentication code of the person referred to in sub-paragraph (a);
(d)the swearing of the affidavit by electronic means is recorded in a register kept by the person referred to in sub-paragraph (a), and the deponent signs under his own hand in this register against the affidavit he has sworn; and
(e)the affidavit has not been altered in any way since it was sworn.
(4)  Where an affidavit, which is not sworn electronically, is to be filed in Court using the electronic filing service, it shall comply with the following requirements:
(a)the affidavit must be sworn in the usual way in which the deponent signs the original paper affidavit;
(b)a true and complete electronic image of the original paper affidavit must be created; and
(c)the original paper affidavit must be retained by the party who filed it for a period of 7 years after it is filed.
(5)  An affidavit in an electronic form which complies with paragraph (3) but which does not comply fully with the provisions of Order 41 may nonetheless be used in evidence to the same extent and for the same purposes as an affidavit which fully complies with the provisions of Order 41 if its non-compliance with Order 41 falls within some or all of the following descriptions:
(a)the affidavit is not signed by the deponent thereof;
(b)alterations and erasures have not been signed or initialled by the person before whom the affidavit was sworn; or
(c)the jurat is not in one of the forms in Form 78.
(6)  Notwithstanding paragraph (4)(c), if the original paper affidavit subsequently becomes unavailable within 7 years after it was filed, the court may grant leave for the electronic image of the original paper affidavit filed in Court using the electronic filing service to be continued to be used in the proceedings for which it was filed, or in any other proceedings.
(7)  If an affidavit which has been sworn electronically in compliance with paragraph (3) subsequently cannot be retrieved from the computer system of the Court for any reason, the contents of the affidavit and the fact that it was sworn by the deponent thereof may be proved by producing a copy of the paper affidavit that has been certified as a true copy by an officer of the court.
Presumptions (O. 63A, r. 16)
16.—(1)  If a certificate within the meaning of section 2 of the Electronic Transactions Act 1998 (Act 25 of 1998) is issued by the Registrar in respect of any registered user or his authorised agent, and was accepted by the registered user or his authorised agent, as the case may be, it shall be presumed unless proven otherwise that the information listed in the certificate is correct.
(2)  Where a document is transmitted to the computer account of the Registrar and the authentication code assigned to a registered user or his authorised agent was affixed to the document or the transmission containing the document —
(a)with or without the authority of the registered user; and
(b)before the notification to the Registrar, in the manner specified in any practice direction for the time being issued by the Registrar, of cancellation of the authentication code, it shall be presumed unless proven otherwise that —
(i)the document has not been altered since the authentication code was affixed;
(ii)the document was transmitted accurately;
(iii)the document was made and transmitted by the registered user or his authorised agent, as the case may be; and
(iv)the authentication code was affixed or applied to a document or the transmission containing a document, as the case may be, with the intention of signing or approving the document.
(3)  Where a document is filed, served, delivered or conveyed using the electronic filing service via a service bureau, and it is proved that —
(a)the document so filed, served, delivered or conveyed was affixed with the authentication code assigned to a member of the personnel of the service bureau, or the transmission containing the document was so affixed with this authentication code;
(b)reasonable steps were taken by the personnel of the service bureau to verify and record the identity of the person tendering the document to the service bureau;
(c)reasonable steps were taken by the personnel of the service bureau to verify and record that the person tendering the document represented the person, if any, on whose behalf he purported to tender the document;
(d)reasonable steps were taken by the personnel of the service bureau to verify and record the service required by the person tendering the document; and
(e)the document was filed, served, delivered or otherwise conveyed using the electronic filing service in the name of the person recorded by the personnel of the service bureau and in accordance with the instructions recorded by the personnel of the service bureau,
it shall be presumed unless proven otherwise that —
(i)the authentication code was duly affixed or applied to the transmission containing the document; and
(ii)the document was made and transmitted by the service bureau for and on behalf of, and with the authority of, the person tendering the document and the person, if any, he purported to represent.
(4)  A certificate under the hand of the Registrar giving the authentication code, identification name and other particulars of the registered user and a description of the document transmitted shall be sufficient evidence of the matters referred to in paragraph (2)(a) and (b).
Discrepancy (O. 63A, r. 17)
17.  Where a specified document was filed using the electronic filing service, and there is any inconsistency between —
(a)the information entered into the electronic template of the document or of the transmission containing the document; and
(b)the information contained in the document,
the information in the electronic template shall prevail.
Interpretation (O. 63A, r. 18)
18.—(1)  A registered user or his authorised agent who has been registered by the Registrar of the Supreme Court, and for this purpose has been issued with an identification name and an authentication code, shall be treated for the purposes of this Order as if he had also been registered, and had similarly been issued with an identification name and an authentication code, by the Registrar of the Subordinate Courts.
(2)  A registered user or his authorised agent who has been registered by the Registrar of the Subordinate Courts, and for this purpose has been issued with an identification name and an authentication code, shall be treated for the purposes of this Order as if he had also been registered, and had similarly been issued with an identification name and an authentication code, by the Registrar of the Supreme Court.
(3)  A service bureau established or authorised to be established by the Registrar of the Supreme Court under Rule 4 may be used to assist in the filing, service, delivery or conveyance of documents pertaining to Subordinate Courts proceedings using the electronic filing service in such cases and circumstances as the Registrar of the Subordinate Courts may prescribe in practice directions issued from time to time.
(4)  A service bureau established or authorised to be established by the Registrar of the Subordinate Courts under Rule 4 may be used to assist in the filing, service, delivery or conveyance of documents pertaining to Supreme Court proceedings using the electronic filing service in such cases and circumstances as the Registrar of the Supreme Court may prescribe in practice directions issued from time to time.”.
Amendment of Order 73
12.  Order 73 of the principal Rules is amended by deleting paragraph (1) of Rule 10.
Amendment of Appendix A
13.  Appendix A of the principal Rules is amended —
(a)by deleting Form 39;
(b)by deleting the words “O. 24, r. 5” in the marginal note to Form 40 and substituting the words “O. 24, r. 3”;
(c)by deleting the words “Order 24, Rule 2 (or the order herein dated the    day of  19  )” in the 4th and 5th lines of the 1st paragraph of Form 40 and substituting the words “the order herein dated the  day of   19 ”; and
(d)by deleting the words “O. 24, r. 5” in the marginal note to Form 41 and substituting the words “O. 24, r. 3”.
Amendment of Appendix B
14.  Appendix B of the principal Rules is amended —
(a)by inserting, immediately after the word “Praecipe” in the last column of item 23, the words “or Writ, as may be directed by the Registrar”;
(b)by inserting, immediately after the word “Praecipe” in the last column of item 24, the words “or Writ, as may be directed by the Registrar”;
(c)by inserting, immediately after item 71C, the following item:
“
No.
Items
———— —
Fees
——— —
Document on which stamp is to be affixed and remarks
 
 
Supreme Court
District Court
Magistrate’s Court
 
 
 
$
$
$
 
 
Electronic filing and documents
 
 
 
 
71D.—(1)
For documents filed or sent to the court using the electronic filing service under Order 63A by a registered user by electronic transmission using the computer system provided to him for this purpose by the network service provider —
 
 
 
To be paid to the organisations providing the filing service.
 
(a) where a request is made that the document be processed on an urgent basis
A x 0.85 x 1.2, rounded to the nearest cent
A x 0.85 x 1.2, rounded to the nearest cent
A x 0.85 x 1.2, rounded to the nearest cent
 
 
(b) in all other cases apart from that described in sub-paragraph (a)
A x 0.85, rounded to the nearest cent
A x 0.85, rounded to the nearest cent
A x 0.85, rounded to the nearest cent
 
 
(c) in addition to any other fees chargeable under these Rules or any other written law —
 
 
 
 
 
(i) bundles of documents, bundles of authorities and written submissions
0.75 per page plus 5
0.75 per page plus 5
0.75 per page plus 5
 
 
(ii) letters
0
0
0
 
 
(iii) affidavits which have not yet been sworn
0
0
0
 
 
(iv) draft orders or judgments
0
0
0
 
 
(v) all other documents
1 per page plus 5
1 per page plus 5
1 per page plus 5
 
 
(2) For documents filed or sent to the court using the electronic filing service under Order 63A through a service bureau —
 
 
 
To be paid to the organisations providing the filing service at the point of time the documents are given to the service bureau.
 
(a) where a request is made that the document be processed on an urgent basis
A x 1.15 x 1.2, rounded to the nearest cent
A x 1.15 x 1.2, rounded to the nearest cent
A x 1.15 x 1.2, rounded to the nearest cent
 
 
(b) in all other cases apart from that described in sub-paragraph (a)
A x 1.15, rounded to the nearest cent
A x 1.15, rounded to the nearest cent
A x 1.15, rounded to the nearest cent
 
 
(c) in addition to any other fees chargeable under these Rules or any other written law —
 
 
 
 
 
(i) bundles of documents, bundles of authorities and written submissions
0.75 per page plus 25
0.75 per page plus 25
0.75 per page plus 25
 
 
(ii) letters
2
2
2
 
 
(iii) draft orders or judgments
0
0
0
 
 
(iv) all other documents
1 per page plus 25
1 per page plus 25
1 per page plus 25
 
 
(d) in addition to any other fees chargeable under these Rules or any other written law, for each page that the service bureau is required to scan using a colour scanner
0.10
0.10
0.10
 
 
(e) where, after a document other than a letter or a draft order or judgment has been given to the service bureau and the fees prescribed by these Rules have been paid, but before the document has been completely sent to the court, the service bureau is requested not to send the document to the court, for each document
25 plus 0.10 per page for each page that was scanned by the service bureau using a colour scanner
25 plus 0.10 per page for each page that was scanned by the service bureau using a colour scanner
25 plus 0.10 per page for each page that was scanned by the service bureau using a colour scanner
To be retained by the service bureau from the moneys paid to it under these Rules for the filing of the document, while the balance of the moneys paid to the service bureau is to be returned by the service bureau to the paying party.
 
(3) On the rejection by the Court of any document, save for letters and affidavits which have not yet been sworn, sent to the Court using the electronic filing service under Order 63A —
 
 
 
To be deducted from the fees paid under paragraph (1) or (2).
 
(a) by a registered user by electronic transmission using the computer system provided to him for this purpose by the network service provider
The fees that are payable under paragraph (1) (c) of this item
The fees that are payable under paragraph (1) (c) of this item
The fees that are payable under paragraph (1) (c) of this item
 
 
(b) through a service bureau
The fees that are payable under paragraph (2) (c) and (d) of this item
The fees that are payable under paragraph (2) (c) and (d) of this item
The fees that are payable under paragraph (2) (c) and (d) of this item
 
 
(4) The Registrar may refund or waive the whole or any part of any fee under this item.
Note:—Where “A” is the fee that would be payable in respect of filing if the document were filed in paper.
”.
(d)by inserting, immediately after item 93, the following item:
“
No.
Items
———— —
Fees
———— —
Document on which stamp is to be affixed and remarks
 
 
Supreme Court
District Court
Magistrate’s Court
 
 
 
$
$
$
 
93A.
On taking or re-taking an affidavit or a declaration in lieu of an affidavit, or a declaration or an acknowledgement for each person making the same, where the document in question is sent using the Electronic Filing System under Order 63A to a commissioner for oaths employed by the Court
20
20
20
To be paid to the organisations providing the filing service.
 
And in addition for each exhibit referred to therein by way of an electronic bookmark, hypertext link, or otherwise
5
5
5
 
”.
(e)by inserting, immediately after item 94, the following item:
“
No.
Items
———— —
Fees
———— —
Document on which stamp is to be affixed and remarks
 
 
Supreme Court
District Court
Magistrate’s Court
 
 
 
$
$
$
 
95.
On the application to the Court for the issuance of a digital certificate
30
30
30
The Application Form.
 
Note:—The applicant must have the Court issue his digital certificate within 28 days of the date of the notice from the Court that his application has been approved, failing which a fresh application must be made.
 
 
 
 
”.

Made this 3rd day of December 1999.

YONG PUNG HOW
Chief Justice.

CHAN SEK KEONG
Attorney-General.

L.P. THEAN
Judge of Appeal.

CHAO HICK TIN
Judge of Appeal.

LAI KEW CHAI
Judge.

G.P. SELVAM
Judge.

JUDITH PRAKASH
Judge.

RICHARD R. MAGNUS
Senior District Judge.

FOO CHEE HOCK
District Judge.

MICHAEL KHOO KAH LIP
Advocate and Solicitor.

R.E. MARTIN
Advocate and Solicitor.
[RSCS R7/7; AG/LEG/SL/322/97/1 Vol. 4]
(To be presented to Parliament under section 80(6) of the Supreme Court of Judicature Act).
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