Rules of Court (Amendment No. 3) Rules 2002

Status:

Published in Subsidiary Legislation Supplement
on 20 May 2002

No. S 229

Supreme Court of Judicature Act

Chapter 322

Rules of Court (Amendment No. 3) Rules 2002

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. These Rules may be cited as the Rules of Court (Amendment No. 3) Rules 2002 and shall come into operation on 28th May 2002.

Amendment of Order 1

2. Order 1, Rule 2 of the Rules of Court (R 5) (referred to in these Rules as the principal Rules) is amended by deleting paragraph (4) and substituting the following paragraph:

“(4) These Rules shall not apply to proceedings of the kind specified in the first column of the following Table (being proceedings in respect of which rules may be made under the written law specified in the second column of that Table), except for the provisions specified in the third column of that Table:

Proceedings

Written Law

Applicable Provisions

1.	Bankruptcy proceedings.

Bankruptcy Act (Chapter 20), s.166.

Order 63A and items 71D to 71I and 75 of Appendix B.

2.	Proceedings relating to the winding up of companies.

Companies Act (Chapter 50), s.410.

Order 63A and items 71D to 71I and 75 of Appendix B.

3.	Proceedings under Part IV of the Parliamentary Elections Act (Chapter 218).

Parliamentary Elections Act, s.100.

Order 63A and items 71D to 71I and 75 of Appendix B.

4.	Proceedings under Part I of the Mental Disorders and Treatment Act (Chapter 178).

Mental Disorders and Treatment Act, s.62.

Order 63A and items 71D to 71I and 75 of Appendix B.

5.	Proceedings under Part X of the Women’s Charter (Chapter 353) (except appeals to the Court of Appeal).

Women’s Charter, s.139.

6.	Criminal Proceedings.

Criminal Procedure Code (Chapter 68).”.”

Amendment of Order 63A

3. Order 63A, Rule 10 of the principal Rules is amended —

(a)

by inserting, immediately after paragraph (1), the following paragraphs:

“(1A) Paragraph (1) shall not apply to the following documents:

(a)	a praecipe for a caveat against the issue of a warrant to arrest the property filed pursuant to Order 70, Rule 5;
(b)	a praecipe for a caveat against the issue of a release and payment out of Court filed pursuant to Order 70, Rule 13;
(c)	a caveat entered pursuant to Order 71, Rule 37.

(1B) Where a document to which paragraph (1A) applies 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 Registrar accepts the document, as reflected in the computer account of the Registrar;
(b)	where the document is filed, served, delivered or conveyed via a service bureau, on the date and at the time that the Registrar accepts the document, as reflected in the computer account of the Registrar.”; and

(b)

by inserting, immediately after the words “paragraph (1)” in the 5th line of paragraph (4), “, (1B)”.

Amendment of Appendix B

4. Appendix B of the principal Rules is amended by deleting the Note at the end of item 71I and substituting the following Note:

“Note: —

(a)	The fees under items 71D to 71I shall be payable in addition to any fees which may be prescribed under any other written law.
(a)	The Registrar may refund or waive the whole or any part of any fee under items 71D to 71I.”.

[G.N. Nos. S 186/99; S 346/99; S 551/99; S 613/2000; S 306/2001; S 612/2001; S 142/2002; S 150/2002]

Made this 20th day of May 2002.

YONG PUNG HOW

Chief Justice.

CHAN SEK KEONG

Attorney-General.

CHAO HICK TIN

Judge of Appeal.

LAI KEW CHAI

Judge.

JUDITH PRAKASH

Judge.

TAN LEE MENG

Judge.

WOO BIH LI

Judicial Commissioner

RICHARD R. MAGNUS

Senior District Judge.

LAU WING YUM

District Judge.

MICHAEL KHOO KAH LIP

Advocate and Solicitor.

R.E. MARTIN

Advocate and Solicitor.

[RSCS R7/7; AG/LEG/SL/322/2001/1 Vol 1]

(To be presented to Parliament under section 80(6) of the Supreme Court of Judicature Act).

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