Rules of Court (Amendment No. 4) Rules 2003

Citation and commencement

1.—(1) These Rules may be cited as the Rules of Court (Amendment No. 4) Rules 2003 and shall, with the exception of rules 3, 4, 5 and 6(a), come into operation on 15th December 2003.

(2) Rules 3, 4, 5 and 6(a) shall come into operation on 1st January 2004.

Amendment of Order 1

2. Order 1, Rule 2(4) of the Rules of Court (R 5) (referred to in these Rules as the principal Rules) is amended by inserting the words “Order 63A and items 70B, 71, 71D to 71I and 79 of Appendix B.” under the heading “ Applicable Provisions” in item 5.

Amendment of Order 73

3. Order 73, Rule 10 of the principal Rules is amended by deleting paragraph (2) and substituting the following paragraph:

“(2) In any civil proceedings to which the Government is a party, any order of the Court made under the powers conferred by section 34(1) of the Government Proceedings Act (Chapter 121) shall be construed as not requiring the disclosure of any document the withholding of which is authorised or required under any other written law or rule of law on the ground that its disclosure would be injurious to the public interest.”.

New Orders 93 and 94

4. The principal Rules are amended by inserting, immediately after Order 92, the following Orders:

“ORDER 93

SECURITIES AND FUTURES ACT

CIVIL LIABILITY ACTIONS

Interpretation and application (O. 93, r. 1)

1.—(1) In this Order —

“Act” means the Securities and Futures Act (Chapter 289) and any reference to a section shall be construed as a reference to a section in the Act;

“Authority” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act (Chapter 186);

“claimant” has the same meaning as in section 234(1);

“contravening person” has the same meaning as in section 234(1).

(2) These Rules apply to proceedings under sections 234, 235 and 236, subject to the following Rules of this Order.

Commencement of action under section 234, etc. (O. 93, r. 2)

2.—(1) An action under section 234 shall be commenced by writ.

(2) Every application for leave of the Court under section 235(1) to commence an action under section 234 shall be made by originating summons, naming as the defendant therein the contravening person.

(3) Order 28 shall, unless expressly modified herein, apply to every originating summons under this Rule.

(4) The application under paragraph (2) shall be supported by an affidavit setting out —

(a)	particulars of the securities, futures contract or contract or arrangement in connection with the leveraged foreign exchange trading transaction in question;
(b)	circumstances leading to the entering into of the transaction in question;
(c)	circumstances leading to the loss suffered;
(d)	particulars of the loss suffered; and
(e)	the grounds on which the application is made.

(5) The application under paragraph (2) and supporting affidavit under paragraph (4) shall in the first instance be served only on the contravening person; but the Court may direct the application and supporting affidavit to be served on any other person appearing to be interested.

(6) No appearance needs to be entered to an originating summons under this Rule.

(7) An application for leave of the Court to continue an action under section 234 which has been stayed under section 235(2) shall be made by summons in the stayed action and supported by an affidavit setting out the grounds on which the application is made.

(8) The application and supporting affidavit under paragraph (7) shall in the first instance be served only on the defendant; but the Court may direct the application and supporting affidavit to be served on any other person appearing to be interested.

Application for directions on claims under section 236 (O. 93, r. 3)

3.—(1) A claimant seeking compensation from a contravening person —

(a)	convicted for a contravention of any provision of Part XII of the Act; or
(b)	against whom an order for a civil penalty is made under section 232 (other than a consent order under section 232(4)) for such a contravention,

may apply to the Court for directions on claims for compensation in respect of that contravention, and the Court may, subject to section 236(2), fix a return date for hearing the application.

(2) An application under paragraph (1) shall not be made before the conviction or the order making the civil penalty has been made final in accordance with section 236(4) or (5).

(3) Every application under paragraph (1) shall be made by originating summons.

(4) Order 28 shall, unless expressly modified herein, apply to every originating summons under this Rule.

(5) No appearance needs to be entered to an originating summons under this Rule.

(6) Unless the Court otherwise orders, the application must be served personally at least 28 clear days or such longer time as the Court may direct before the return date, on the contravening person.

(7) Every application shall be advertised in Form 200 at least 21 clear days or such longer time as the Court may direct before the return date of the application, at least once in one English and one Chinese local daily newspaper or in such other newspaper as the Court may direct.

(8) The advertisement shall state the day on which the application was filed and the name and address of the applicant and of his solicitor.

(9) If the claimant making the application or his solicitor does not comply with paragraph (6), (7) or (8), the appointment of the time and place at which the application is to be heard shall be cancelled by the Court and the application shall be deemed dismissed, unless the Court otherwise directs.

Proof of claim under section 236 (O. 93, r. 4)

4.—(1) At least 7 clear days before the return date of the application under Rule 3(1), each claimant desiring to claim compensation against the contravening person under section 236 in respect of the same contravention for which the contravening person has been convicted or had a civil penalty order under section 232 made against him, must state his claim by filing an affidavit in accordance with paragraph (2).

(2) The affidavit shall be supported by the relevant exhibits, and must explain the grounds on which the claimant’s claim is made, including:

(a)	particulars of the securities, futures contract or contract or arrangement in connection with the leveraged foreign exchange trading transaction in question;
(b)	circumstances leading to the entering into of the transaction in question;
(c)	circumstances leading to the loss suffered; and
(d)	particulars of the loss suffered.

(3) Without limiting the generality of paragraph (2), the exhibits may include —

(a)	trade notes or slips;
(b)	statements of accounts for the relevant period; and
(c)	copies of instructions given to a broker or remisier.

(4) Every claimant shall serve on the contravening person a copy of the affidavit within 3 days of the filing of the same.

Powers of Court hearing application (O. 93, r. 5)

5.—(1) Without affecting the generality of Order 28, Rules 4, 5, 8, 9, 10 and 11, where, on the hearing of an application made under Rule 3(1), all the persons on whom the application has been served and all claimants who have filed their affidavits of claim appear, the Court may give such directions or make such orders as to the further conduct of the proceedings as it thinks best adapted to secure the just, expeditious and economical disposal thereof, including directions or orders —

(a)	for the filing of such further affidavit as the Court considers necessary;
(b)	on the manner in which proceedings shall be instituted by the claimants against the defendant;
(c)	that an issue between the claimants and the defendant be stated and tried;
(d)	that the matter be adjourned;
(e)	that further advertisements be made in addition to that required under Rule 3(8) in the manner required by the Court;
(f)	for the substitution of the claimant making the application with another claimant;
(g)	that the application be dismissed.

(2) Where a contravening person, having been duly served with the application under Rule 3 does not appear on the hearing of the application or, having appeared, fails or refuses to comply with an order made in the proceedings, the Court may make such order as it deems appropriate against the contravening person.

(3) Where a claimant having filed an affidavit of claim under Rule 4 does not appear on the hearing of the application or, having appeared, fails or refuses to comply with an order made in the proceedings, the Court may make an order declaring the claimant, and all persons claiming under him, forever barred from bringing any claim against the contravening person.

Other powers (O. 93, r. 6)

6. Subject to Rules 1 to 5, the Court may in or for the purposes of any proceedings herein, make such order as to costs or any other matter as it thinks just.

Trial of issue stated (O. 93, r. 7)

7.—(1) Order 35 shall, with necessary modifications, apply to the trial of an issue stated under Rule 5(1)(c) as it applies to the trial of an action.

(2) The Court by whom an issue stated is tried may give such judgment or make such order as finally to dispose of all questions arising in the proceedings to try the issues stated.

Order 94

Securities and Futures Act

Civil Penalty Actions

Interpretation and application (O. 94, r. 1)

1.—(1) In this Order —

“Act” means the Securities and Futures Act (Chapter 289) and any reference to a section shall be construed as a reference to a section in the Act;

“Authority” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act (Chapter 186);

“civil penalty action” means any proceedings commenced by the Authority under section 232.

(2) These Rules apply to proceedings under section 232, subject to the following Rules of this Order.

Commencement of civil penalty action, etc. (O. 94, r. 2)

2.—(1) A civil penalty action shall be commenced by writ.

(2) Order 6 (other than Rule 2) shall apply to a civil penalty action unless modified by this rule.

(3) The Authority shall endorse on the writ —

(a)	a statement of the provision of the Act contravened by the defendant;
(b)	the address of the Authority or, if the Authority sues by a solicitor, the Authority’s address and the solicitor’s name or firm and a business address of the solicitor;
(c)	where a defendant is sued in a representative capacity, a statement of the capacity in which he is sued;
(d)	the number of days within which an appearance is required to be entered under Order 12, Rule 4; and
(e)	a statement of claim or, if the statement of claim is not endorsed on the writ, a concise statement of the nature of the claim made or the relief or remedy required in the action.

(4) The address for service of the Authority shall be —

(a)	where the Authority sues by a solicitor, the business address of the solicitor endorsed on the writ; or
(b)	where the Authority sues in person, the address within the jurisdiction endorsed on the writ.

(5) The Authority must, on presenting the writ for sealing, file with the Registrar the consent of the Public Prosecutor referred to in section 232(1).

Provisions applicable to pleadings (O. 94, r. 3)

3. Order 18 (other than Rules 8(2), 12 (1A) to (1C), 16 and 23) shall apply to the pleadings in a civil penalty action.

Default of appearance (O. 94, r. 4)

4.—(1) Where the Authority has not applied for any order apart from an order for a civil penalty against the defendant in respect of the same contravention of the Act, then, if the defendant fails to enter an appearance, the Authority may, after the time limited for appearing and —

(a)	upon filing an affidavit proving due service of the writ on the defendant; and
(b)	(where the statement of claim was not endorsed on or served with the writ) upon serving a statement of claim on him,

apply to the Court for judgment against him; and upon hearing the application the Court shall give such judgment as the Authority appears entitled to.

(2) An application under paragraph (1) shall be by summons.

(3) Where the Authority has applied for any other order in addition to an order for a civil penalty against the defendant in respect of the same contravention of the Act, then, if the defendant fails to enter an appearance, the Authority may, after the time limited for appearing and —

(a)	upon filing an affidavit proving due service of the writ on the defendant; and
(b)	(where the statement of claim was not endorsed on or served with the writ) upon serving a statement of claim on him,

proceed with the civil penalty action as if he had entered an appearance.

(4) Where, by reason of any defendant’s satisfying the claim or complying with the demands thereof or for any other like reason it has become unnecessary for the Authority to proceed with the civil penalty action, then, if the defendant fails to enter an appearance, the Authority may, after the time limited for appearing, enter judgment with the leave of the Court against that defendant for costs.

(5) An application for leave under paragraph (4) shall be by summons which must, unless the Court otherwise orders, and notwithstanding anything in Order 62, Rule 10, be served on the defendant against whom it is sought to enter judgment.

(6) Order 13 shall not apply to a civil penalty action other than Rules 7 and 8 of that Order.

Default of defence (O. 94, r. 5)

5.—(1) If the defendant or all the defendants (where there is more than one) fails or fail to serve a defence on the Authority, the Authority may, after the expiration of the period fixed under these Rules for service of the defence, apply to the Court for judgment, and on the hearing of the application, the Court shall give such judgment as the Authority appears entitled to.

(2) Where the Authority brings a civil penalty action against more than one defendant, then, if one of the defendants makes default as mentioned in paragraph (1), the Authority may —

(a)	if the claim against the defendant in default is severable from the claim against the other defendants, apply under that paragraph for judgment against that defendant, and proceed with the action against the other defendants; or
(b)	set down the action for judgment against the defendant in default at the time when the action is set down for trial, or is set down for judgment, against the other defendants.

(3) An application under paragraph (1) shall be by summons.

(4) Order 19 shall not apply to a civil penalty action other than Rules 1, 8 and 9 of that Order.

No joinder of defendants (O. 94, r. 6)

6. Notwithstanding anything in Orders 15 and 16, the Authority shall not be required to make or add any person as a defendant to a civil penalty action.

Third party proceedings (O. 94, r. 7)

7.—(1) Notwithstanding anything in Order 16, a third party notice (including a notice issuable by virtue of Order 16, Rule 9) shall not be issued without the leave of Court.

(2) An application for the grant of such leave must be made by summons in Form 24 and the summons must be served on the Authority.

Discovery and inspection of documents (O. 94, r. 8)

8.—(1) Subject to the provisions of this Rule, Order 24 (other than Rule 18) shall apply to a civil penalty action.

(2) Subject to the provisions of this Rule, the Authority may in a civil penalty action be required by the Court to give discovery of documents or produce documents for inspection.

(3) Any order of the Court made under Order 24 shall be construed as not requiring the disclosure of any document the withholding of which is authorised or required under any written law or rule of law on the ground that its disclosure would be injurious to the public interest.

(4) Where an order of the Court made under Order 24 directs that a list of documents made in answer to an order for discovery against the Authority be verified by affidavit, the affidavit shall be made by such officer of the Authority as may be authorised.

(5) The Authority may be ordered to give discovery of or produce for inspection under Order 24 the following documents which are or have been in the Authority’s possession, custody or power as a result of the performance or exercise by the Authority of any of its functions, duties or powers under the Act:

(a)	any book voluntarily produced by the defendant to the Authority;
(b)	any book produced by or seized from any person pursuant to section 163 or 164;
(c)	any acknowledgement of receipt issued by the Authority for any book referred to in paragraphs (a) and (b);
(d)	any correspondence between the Authority or its solicitors and the defendant, his agents or his solicitors;
(e)	any examination requirement served on the defendant pursuant to section 154;
(f)	any production requirement served on the defendant pursuant to section 163;
(g)	any warrant issued in respect of the defendant’s premises pursuant to section 164;
(h)	any written record made pursuant to section 158 of statements made by the defendant to the Authority;
(i)	trading information relating to the defendant’s trading activities which the Authority relies on or will rely on in the civil penalty action, in the form relied on or to be relied on (whether printed, written, graphical, pictorial, electronic or in any other form);
(j)	any other document which the Authority relies on or will rely on in the civil penalty action.

(6) The Authority may not be ordered to give discovery of or produce for inspection under Order 24 any document apart from those listed in paragraph (5) unless the Court is of the opinion that there are strong and exceptional grounds to order the Authority to give discovery of or produce for inspection such document, except that no order shall be made in respect of a document falling within any of the following descriptions:

(a)

documents which are or have been in the Authority’s possession, custody or power as a result of the performance or exercise by the Authority of any of its supervisory functions, duties or powers under any written law other than the Act;

(b)

complaints or requests received by the Authority to investigate or provide assistance on possible or alleged contravention of the Act, or any other documents received by the Authority of a similar nature;

(c)

the Authority’s internal books;

(d)

any correspondence between the Authority and the Government or any statutory body, or any document received by the Authority from or copy of any document sent by the Authority to the Government or any statutory body;

(e)

any correspondence between the Authority and —

(i)	any overseas regulatory authority;
(ii)	any securities exchange, futures exchange or clearing house; or
(iii)	the complainant.

(7) Nothing in paragraph (6) shall affect the operation of the Evidence Act (Chapter 97).

(8) In this Rule, “book” has the same meaning as in section 2(1).

Summons for directions (O. 94, r. 9)

9. Order 25 (other than Rules 1A and 8) shall apply to a civil penalty action.

Interrogatories (O. 94, r. 10)

10.—(1) Subject to the provisions of this Rule, Order 26 (other than Rule 3(3)) shall apply to a civil penalty action.

(2) Interrogatories without order shall not be served on the Authority.

(3) Subject to the provisions of this Rule, the Authority may in a civil penalty action be required by the Court to answer interrogatories.

(4) Paragraph (3) is without prejudice to any written law or rule of law which authorises or requires the refusal to answer any question on the ground that the answering of the question would be injurious to the public interest.

(5) Any order of the Court made under Order 26 shall be construed as not requiring the disclosure of any document the withholding of which is authorised or required under any written law or rule of law on the ground that its disclosure would be injurious to the public interest.

(6) Where an order of the Court made under Order 26 directs that interrogatories be answered by the Authority, the interrogatories shall be answered by such officer of the Authority as the Court may direct.

(7) Order 26A shall not apply to a civil penalty action.

No payment into Court, etc. (O. 94, r. 11)

11. Orders 22 and 22A shall not apply to a civil penalty action.

Orders made under section 232 (4) (O. 94, r. 12)

12. Where an order is sought under section 232(4), the Authority shall file the consent of the Public Prosecutor referred to in that provision.

Costs (O. 94, r. 13)

13. Notwithstanding anything in Order 59, no order shall be made for the costs of a defendant to be paid by the Authority where the Authority discontinues a civil penalty action or withdraws all claims made against the defendant in a civil penalty action on the ground of the death or the bankruptcy or winding up of the defendant, or the commencement of bankruptcy or winding up proceedings against the defendant, after the commencement of the civil penalty action.”.

Amendment of Appendix A

5. Appendix A of the principal Rules is amended by inserting, immediately after Form 199, the following Form:

“

200.

O. 93, r. 3

ADVERTISEMENT OF APPLICATION

(Title as in action)

Notice is hereby given that an application to the Court for directions on claims for compensation in respect of the following matter was made by ___________ of _____________20________ on ___________________:

(Give date and brief particulars of the subject contravention of the Securities and Futures Act and name of contravening person)

Notice is further given that the Court will sit at __________________________ on _______________20_____ at ___________am/pm to hear the application; and any person desiring to claim compensation against the contravening person for the same contravention must, at least 7 clear days before the date of hearing, state his claim in accordance with the Rules of Court and must, within 3 days of filing his claim, serve it on the contravening person. A person who, after filing his claim, fails to appear at the hearing in person or by his counsel may be barred from bringing any claim against the contravening person.

The Applicant’s address is ______________________________________________________.

The Applicant’s solicitor is ________________________ of ___________________________.

”.

Amendment of Appendix B

6. Appendix B of the principal Rules is amended —

(a)

by deleting item 12 and substituting the following item:

“

No.

Items

Fees

Document on which stamp is to be affixed and remarks

Supreme Court

District Court

Magistrate’s Court

With value of up to $1 million

With value of more than $1 million

$

12.

On sealing an ex parte application (whether by summons or other process) seeking relief in the form of an injunction, Anton Piller order, an order for discovery or an order for arrest of a debtor

500

1,000

150

50

The filed copy.

”;

(b)

by deleting paragraph (2) of item 71D and substituting the following paragraphs:

“

"No.

Items

Fees

Document on which stamp is to be affixed and remarks

Supreme Court

District Court

Magistrate’s Court

With value of up to $1 million

With value of more than $1 million

$

(2) For documents filed or sent to the Court, in proceedings other than proceedings under the Adoption of Children Act (Chapter 4), the Guardianship of Infants Act (Chapter 122), section 59 and Part X of the Women’s Charter (Chapter 353), section 17A of the Supreme Court of Judicature Act (Chapter 322) and section 53 of the Administration of Muslim Law Act (Chapter 3), 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 1.16 rounded to the nearest cent

(b) in all other cases apart from that described in sub-paragraph (a)

A

(c) in addition to any other fees chargeable under these Rules or any other written law —

(i) bundles of documents, bundles of authorities, lists of authorities and written submissions —

(aa) where the submission consists of 200 pages or less

0.60 per page plus 17.50

(bb) where the submission consists of more than 200 pages

0.60 per page for the first 200 pages, and 0.65 per page thereafter, plus 17.50

(ii) letters

1.60

(iii) draft orders or judgment

0

(iv) all other documents —

(aa) where the submission consists of 200 pages or less

0.80 per page plus 17.50

(bb) where the submission consists of more than 200 pages

0.80 per page for the first 200 pages, and 0.85 per page thereafter, plus 17.50

(d) where the Document Control Number (DCN) of a document filed or sent to the Court using the electronic filing service under Order 63A is quoted in lieu of filing the document afresh

4 per DCN plus 13.50

(e) 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

0.08

(f) 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

20 plus 0.08 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.

(2A) For documents filed or sent to the Court, in proceedings under the Adoption of Children Act, the Guardianship of Infants Act, section 59 and Part X of the Women’s Charter, section 17A of the Supreme Court of Judicature Act and section 53 of the Administration of Muslim Law Act, 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 1.16 rounded to the nearest cent

—

(b) in all other cases apart from that described in sub-paragraph (a)

A

—

(c) in addition to any other fees chargeable under these Rules or any other written law —

(i) bundles of documents, bundles of authorities, lists of authorities and written submissions —

(aa) where the submission consists of 200 pages or less

0.60 per page plus 12

—

(bb) where the submission consists of more than 200 pages

0.60 per page for the first 200 pages, and 0.65 per page thereafter, plus 12

—

(ii) letters

1.60

—

(iii) draft orders, decree or judgment

0

—

(iv) all other documents —

(aa) where the submission consists of 200 pages or less

0.80 per page plus 12

—

(bb) where the submission consists of more than 200 pages

0.80 per page for the first 200 pages, and 0.85 per page thereafter, plus 12

—

(d) where the Document Control Number (DCN) of a document filed or sent to the Court using the electronic filing service under Order 63A is quoted in lieu of filing the document afresh

4 per DCN plus 8

—

(e) 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

0.08

—

(f) 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

20 plus 0.08 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.

”;

(c)

by deleting sub-paragraph (b) of item 71D (3) and substituting the following sub-paragraphs:

“

No.

Items

Fees

Document on which stamp is to be affixed and remarks

Supreme Court

District Court

Magistrate’s Court

With value of up to $1 million

With value of more than $1 million

$

(b) through a service bureau, in proceedings other than proceedings under the Adoption of Children Act (Chapter 4), the Guardianship of Infants Act (Chapter 122), section 59 and Part X of the Women’s Charter (Chapter 353), section 17A of the Supreme Court of Judicature Act (Chapter 322) and section 53 of the Administration of Muslim Law Act (Chapter 3) —

(i) where the rejection arose from a discrepancy between information contained in the document filed and information entered into the electronic template of the document or of the transmission containing the document

0

(ii) where the rejection arose as a result of the selection of the wrong document type in the information entered into the electronic template of the document or of the transmission containing the document

0

(iii) where the rejection arose for any other reason

25, or the amount payable under paragraph (2) (c), whichever is lower

To be deducted from the fees paid under paragraph (2) (c).

(c) through a service bureau, in proceedings under the Adoption of Children Act, the Guardianship of Infants Act, section 59 and Part X of the Women’s Charter, section 17A of the Supreme Court of Judicature Act and section 53 of the Administration of Muslim Law Act —

(i) where the rejection arose from a discrepancy between information contained in the document filed and information entered into the electronic template of the document or of the transmission containing the document

0

(ii) where the rejection arose as a result of the selection of the wrong document type in the information entered into the electronic template of the document or of the transmission containing the document

0

(iii) where the rejection arose for any other reason

25, or the amount payable under paragraph (2A) (c), whichever is lower

To be deducted from the fees paid under paragraph (2A) (c).

”;

(d)

by deleting item 71F and substituting the following item:

“

No.

Items

Fees

Document on which stamp is to be affixed and remarks

Supreme Court

District Court

Magistrate’s Court

With value of up to $1 million

With value of more than $1 million

$

Electronic index search

71F.—(1) For every electronic index search of documents filed or sent to the Court, in proceedings other than proceedings under the Adoption of Children Act (Chapter 4), the Guardianship of Infants Act (Chapter 122), section 59 and Part X of the Women’s Charter (Chapter 353), section 17A of the Supreme Court of Judicature Act (Chapter 322) and section 53 of the Administration of Muslim Law Act (Chapter 3), using the electronic filing service under Order 63A, for each search —

To be paid to the organisations providing the information.

(a) by a registered user using the computer system provided to him for this purpose by the network service provider

8

(b) through a service bureau

21.50

(2) For every electronic index search of documents filed or sent to the Court, in proceedings under the Adoption of Children Act, the Guardianship of Infants Act, section 59 and Part X of the Women’s Charter, section 17A of the Supreme Court of Judicature Act and section 53 of the Administration of Muslim Law Act, using the electronic filing service under Order 63A, for each search —

To be paid to the organisations providing the information.

(a) by a registered user using the computer system provided to him for this purpose by the network service provider

8

—

(b) through a service bureau

16

—

”;

(e)

by deleting paragraph (1) of item 71H and substituting the following paragraphs:

“

No.

Items

Fees

Document on which stamp is to be affixed and remarks

Supreme Court

District Court

Magistrate’s Court

With value of up to $1 million

With value of more than $1 million

$

(1) On every praecipe for extract of documents filed or sent to the Court, in proceedings other than proceedings under the Adoption of Children Act (Chapter 4), the Guardianship of Infants Act (Chapter 122), section 59 and Part X of the Women’s Charter (Chapter 353), section 17A of the Supreme Court of Judicature Act (Chapter 322) and section 53 of the Administration of Muslim Law Act (Chapter 3), using the electronic filing service under Order 63A, where the request is made 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 the request is made that the praecipe be processed on an urgent basis

9.28

(b) in all other cases

8

(c) in addition to the fees payable under sub-paragraph (a) or (b)

0.80 per page plus 17.50

(1A) On every praecipe for extract of documents filed or sent to the Court, in proceedings under the Adoption of Children Act, the Guardianship of Infants Act, section 59 and Part X of the Women’s Charter, section 17A of the Supreme Court of Judicature Act and section 53 of the Administration of Muslim Law Act, using the electronic filing service under Order 63A, where the request is made 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 the request is made that the praecipe be processed on an urgent basis

9.28

—

(b) in all other cases

8

—

(c) in addition to the fees payable under sub-paragraph (a) or (b)

0.80 per page plus 12

—

”; and

(f)

by deleting paragraph (b) of item 71I and substituting the following paragraphs:

“

No

Items

Fees

Document on which stamp is to be affixed and remarks

Supreme Court

District Court

Magistrate’s Court

With value of up to $1 million

With value of more than $1 million

$

(b) where a request is made, through a service bureau, in proceedings other than proceedings under the Adoption of Children Act (Chapter 4), the Guardianship of Infants Act (Chapter 122), section 59 and Part X of the Women’s Charter (Chapter 353), section 17A of the Supreme Court of Judicature Act (Chapter 322) and section 53 of the Administration of Muslim Law Act (Chapter 3) —

To be paid to the organisations providing the filing service at the point of time the documents are given to the service bureau.

(i) where the request is made that the praecipe be processed on an urgent basis

9.28

(ii) in all other cases

8

(iii) in addition to the fees payable under sub-paragraph (i) or (ii)

0.80 per page plus 17.50

(ba) where a request is made, through a service bureau, in proceedings under the Adoption of Children Act, the Guardianship of Infants Act, section 59 and Part X of the Women’s Charter, section 17A of the Supreme Court of Judicature Act and section 53 of the Administration of Muslim Law Act —

To be paid to the organisations providing the filing service at the point of time the documents are given to the service bureau.

(i) where the request is made that the praecipe be processed on an urgent basis

9.28

—

(ii) in all other cases

8

—

(iii) in addition to the fees payable under sub-paragraph (i) or (ii)

0.80 per page plus 12

—

”.

[G.N. Nos. S 612/2001; S 142/2002; S 150/2002; S 229/2002; S565/2002; S 615/2002; S 113/2003; S 258/2003; S 364/2003; S 470/2003]

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