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No. S 613

Supreme Court of Judicature Act

(Chapter 322)

Rules of Court (Amendment) Rules 2000

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) Rules 2000 and shall come into operation on 1st January 2001.

Amendment of Order 11

2. Order 11 of the Rules of Court (R 5) (referred to in these Rules as the principal Rules) is amended by deleting the words “Corruption (Confiscation of Benefits) Act (Chapter 65A), the Drug Trafficking (Confiscation of Benefits) Act (Chapter 84A)” in Rule 1 (n) and substituting the words “Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Chapter 65A)”.

Amendment of Order 21

3. Order 21 of the principal Rules is amended —

(a)

by deleting paragraph (6) of Rule 2 and substituting the following paragraphs:

“(6) Subject to paragraph (6A), if no party to an action or a cause or matter has, for more than one year (or such extended period as the Court may allow under paragraph (6B)), taken any step or proceeding in the action, cause or matter that appears from records maintained by the Court, the action, cause or matter is deemed to have been discontinued.

(6A) Paragraph (6) shall not apply where the action, cause or matter has been stayed pursuant to an order of court.

(6B) The Court may, on an application by any party made before the one year referred to in paragraph (6) has elapsed, extend the time to such extent as it may think fit.”;

(b)

by inserting, immediately after the word “discontinued” in the 2nd line of Rule 4, the words “or is deemed to have discontinued”; and

(c)

by inserting, immediately after the word “discontinued” in the 1st line of paragraph (1) of Rule 5, the words “or is deemed to have discontinued”.

Amendment of Order 25

4. Order 25, Rule 3 of the principal Rules is amended by deleting sub-paragraphs (e) to (i) of paragraph (1) and substituting the following sub-paragraphs:

“(e)

whether the evidence in chief of each expert witness should be set out in a single affidavit;

(f)

whether any direction should be made for a discussion between the experts prior to the exchange of their affidavits exhibiting their reports for the purpose of requiring them to identify the issues in the proceedings and where possible, reach agreement on an issue, and if such a direction should be made, whether —

(i)	to specify the issues which the experts are to discuss; and
(ii)	to direct the experts to prepare a joint statement indicating the agreed issues, the issues not agreed and a summary of the reasons for any non-agreement;

(g)

the period within which objections to the contents of the affidavit or other evidence of a witness must be taken; and

(h)

whether any orders should be made pursuant to Order 20, Rule 5, Order 38, Rules 2 to 7, Order 40A, Rules 1 to 4 and Order 70, Rule 25(3).”.

Amendment of Order 32

5. Order 32 of the principal Rules is amended by deleting Rule 12 and substituting the following Rule:

“Obtaining assistance of assessors or experts (O. 32, r. 12)

12. If the Court thinks it expedient in order to enable it better to determine any matter arising in proceedings in Chambers, it may obtain the assistance of an assessor or expert pursuant to Order 33 or Order 40, as the case may be.”.

Amendment of Order 33

6. Order 33 of the principal Rules is amended —

(a)

by deleting Rule 1 and substituting the following Rule:

“Mode of trial (O. 33, r. 1)

1. Subject to the provisions of these Rules, a cause or matter, or any question or issue arising therein, may be tried before a Judge or the Registrar with or without the assistance of assessors.”; and

(b)

by deleting Rule 4 and substituting the following Rule:

“Trial with assistance of assessors (O. 33, r. 4)

4.—(1) This Rule applies where the Court appoints one or more assessors under section 10A or 30 (4) of the Supreme Court of Judicature Act (Chapter 322) or section 33 of the Subordinate Courts Act (Chapter 321).

(2) The assessor shall assist the Court in dealing with a matter in which the assessor has skill and experience.

(3) An assessor shall take such part in the proceedings as the Court may direct.

(4) Not less than 14 days before appointing an assessor, the Court will notify each party in writing of the name of the proposed assessor and of the qualifications of the assessor.

(5) Where any person has been proposed for appointment as an assessor, objection to him, either personally or in respect of his qualification, may be taken by any party.

(6) Any such objection must be made in writing and filed with the Court within 7 days of receipt of the notification referred to in paragraph (4) and shall be taken into account by the Court in deciding whether or not to make the appointment.

(7) The remuneration to be paid to the assessor for his services shall be determined by the Court, and shall form part of the costs of the proceedings.

(8) The Court may order any party to deposit in court a specified sum in respect of the assessor’s fees and, where it does so, the assessor will not be asked to act until the sum has been deposited.

(9) Paragraphs (7) and (8) shall have no application where the remuneration of the assessor is to be paid out of moneys provided by Parliament.”.

Amendment of Order 38

7. Order 38 of the principal Rules is amended by deleting Rule 4.

Amendment of Order 40

8. Order 40, Rule 1 of the principal Rules is amended —

(a)

by inserting, immediately after the words “at any time,” in the 2nd line of paragraph (1), the words “on its own motion or”;

(b)

by deleting the words “An expert appointed under this paragraph is referred to in this Order as a court expert.” in the 7th and 8th lines of paragraph (1); and

(c)

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

“(1A) An expert appointed under this Order or under Order 32, Rule 12 shall be referred to as a court expert.”.

New Order 40A

9. The principal Rules are amended by inserting, immediately after Order 40, the following Order:

“ORDER 40A

EXPERTS OF PARTIES

Limitation of expert evidence (O. 40A, r. 1)

1.—(1) The Court may, at or before the trial of any action, by order limit the number of expert witnesses who may be called at the trial to such number as it may specify.

(2) A reference to an “expert” in this Order is a reference to an expert who has been instructed to give or prepare evidence for the purpose of court proceedings.

Expert’s duty to the Court (O. 40A, r. 2)

2.—(1) It is the duty of an expert to assist the Court on the matters within his expertise.

(2) This duty overrides any obligation to the person from whom he has received instructions or by whom he is paid.

Requirements of expert’s evidence (O. 40A, r. 3)

3.—(1) Unless the Court otherwise directs, expert evidence is to be given in a written report signed by the expert and exhibited in an affidavit sworn to or affirmed by him testifying that the report exhibited is his and that he accepts full responsibility for the report.

(2) An expert’s report must —

(a)

give details of the expert’s qualifications;

(b)

give details of any literature or other material which the expert witness has relied on in making the report;

(c)

contain a statement setting out the issues which he has been asked to consider and the basis upon which the evidence was given;

(d)

if applicable, state the name and qualifications of the person who carried out any test or experiment which the expert has used for the report and whether or not such test or experiment has been carried out under the expert’s supervision;

(e)

where there is a range of opinion on the matters dealt with in the report —

(i)	summarise the range of opinion; and
(ii)	give reasons for his opinion;

(f)

contain a summary of the conclusions reached;

(g)

contain a statement of belief of correctness of the expert’s opinion; and

(h)

contain a statement that the expert understands that in giving his report, his duty is to the Court and that he complies with that duty.

Written questions to expert (O. 40A, r. 4)

4.—(1) A party may with the leave of the Court put to an expert instructed by another party written questions about his report.

(2) An application for leave to put questions to an expert about his report must be made within 14 days of service of the expert’s affidavit exhibiting his report, or such longer period as the Court may allow.

(3) Written questions under paragraph (1) must be for the purpose only of clarification of the report.

(4) An expert’s answers to written questions put to him under paragraph (1) shall be in writing and provided within such time as the Court may direct and shall be treated as part of the expert’s report.

(5) Where a party has put a question to an expert instructed by another party in accordance with this Rule and the expert does not answer the question or does not, in the opinion of the Court, answer the question adequately within the time provided, the Court may make such order as it thinks just, including all or any of the following:

(a)	that the party who instructed the expert may not rely on the evidence of that expert;
(b)	that the party who instructed the expert may not recover the costs of that expert from any other party; or
(c)	that the expert is to answer or (as the case may be) provide a further and better answer to the question.

Discussions between experts (O. 40A, r. 5)

5.—(1) The Court may, at any stage, direct a discussion between experts for the purpose of requiring them to —

(a)	identify the issues in the proceedings; and
(b)	where possible, reach agreement on an issue.

(2) The Court may specify the issues which the experts must discuss.

(3) The Court may direct that following a discussion between the experts, they must prepare a statement for the Court showing —

(a)	those issues on which they agree; and
(b)	those issues on which they disagree and a summary of their reasons for disagreeing.

(4) The contents of the discussions between the experts shall not be referred to at the trial unless the parties agree.

(5) Where the experts reach agreement on an issue during their discussions, the agreement shall not bind the parties, unless the parties expressly agree to be bound by the agreement.”.

Amendment of Order 59

10. Order 59, Rule 10 of the principal Rules is amended by deleting paragraph (1) and substituting the following paragraph:

“(1) Where —

(a)	a plaintiff by notice in writing and without leave either wholly discontinues his action against any defendant or withdraws any particular claim made by him therein against any defendant; or
(b)	an action, a cause or matter is deemed discontinued,

the defendant may, unless the Court otherwise orders, tax his costs of the action, cause or matter and if the taxed costs are not paid within 4 days after taxation, may sign judgment for them. The reference to a defendant in this paragraph shall be construed as a reference to the person (howsoever described) who is in the position of defendant in the proceeding in question, including a proceeding on a counterclaim.”.

Amendment of Order 65

11. Order 65 of the principal Rules is amended —

(a)

by inserting, immediately after the word “process” in the rule heading to Rule 2, the words “pursuant to letter of request”; and

(b)

by inserting, immediately after Rule 2, the following Rule:

“Alternative mode of service of foreign legal process (O. 65, r. 2A)

2A.—(1) Subject to Rule 3, this Rule applies in relation to the service of any process required in connection with civil proceedings pending before a court or other tribunal of a foreign country where Rule 2 does not apply or is not invoked.

(2) Service of any such process within Singapore may be effected by a method of service authorised by these Rules for the service of analogous process issued by the Court.

(3) This Rule shall apply notwithstanding that the foreign process is expressed to be or includes a command of the foreign sovereign.”.

Deletion and substitution of Orders 89A and 89B

12. Orders 89A and 89B of the principal Rules are deleted and the following Orders substituted therefor:

“ORDER 89A

CORRUPTION, DRUG TRAFFICKING AND OTHER SERIOUS CRIMES (CONFISCATION OF BENEFITS) ACT

Interpretation (O. 89A, r. 1)

1.—(1) In this Order, “Act” means the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Chapter 65A) and any reference to a section shall, unless it is otherwise expressly provided, be construed as a reference to a section in the Act.

(2) Expressions used in this Order which are used in the Act have the same meanings in this Order as in the Act.

Application for confiscation order (O. 89A, r. 2)

2.—(1) An application for a confiscation order under section 4 (1) or 5(1) must be made by summons.

(2) An application under paragraph (1) must be supported by an affidavit which must state —

(a)	the grounds for believing that the defendant has derived benefits from drug trafficking or criminal conduct, as the case may be;
(b)	that the defendant has been convicted of one or more drug trafficking offences or serious offences, as the case may be, (giving particulars of each offence);
(c)	full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property, as the deponent is, to the best of his knowledge, able to provide; and
(d)	the amount to be recovered under the confiscation order.

(3) A summons under paragraph (1) shall be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter shall be so entitled.

(4) Unless the Court otherwise directs, an affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof.

(5) The summons must be filed and served with an affidavit in support thereof on —

(a)	the defendant;
(b)	any person having any interest in the property to which the application relates; and
(c)	the receiver, where one has been appointed in the matter,

not less than 7 clear days before the date fixed for the hearing of the application.

Application for variation of confiscation orders (O. 89A, r. 3)

3.—(1) An application by the Public Prosecutor for a certificate under section 10 (4) or for a variation of a confiscation order under section 10 (6) must be made by summons.

(2) A summons under paragraph (1) must be filed and served with an affidavit in support thereof on —

(a)	the defendant;
(b)	any person having any interest in the property to which the application relates; and
(c)	the receiver, where one has been appointed in the matter,

not less than 7 clear days before the date fixed for the hearing of the application.

(3) An application by the defendant for a certificate under section 22 (1) or for a variation of a confiscation order under section 22 (3) must be made by summons.

(4) A summons under paragraph (3) must be filed and served with an affidavit in support thereof on —

(a)	the Public Prosecutor; and
(b)	the receiver, where one has been appointed in the matter,

not less than 7 clear days before the date fixed for the hearing of the summons.

Protection of rights of third party where confiscation order is about to be made or has been made (O. 89A, r. 4)

4.—(1) An application for an order declaring the nature, extent and value of a person’s interest in property under section 13 (1) or (3) must be made by summons.

(2) A summons under paragraph (1) must be filed and served with an affidavit in support thereof on —

(a)	the Public Prosecutor;
(b)	the defendant;
(c)	any other person having any interest in the property to which the application relates; and
(d)	the receiver, where one has been appointed in the matter,

not less than 7 clear days before the date fixed for the hearing of the application.

Application for restraint order or charging order (O. 89A, r. 5)

5.—(1) An application for a restraint order under section 16 or for a charging order under section 17 (to either of which may be joined an application for the appointment of a receiver) must be made by summons.

(2) An application under paragraph (1) must be supported by an affidavit which must —

(a)

state the grounds for believing that the defendant has derived benefits from drug trafficking or criminal conduct, as the case may be;

(b)

state, as the case may be —

(i)	that proceedings have been instituted against the defendant for a drug trafficking offence or a serious offence, as the case may be, (giving particulars of the offence) and that they have not been concluded;
(ii)	that the defendant has been officially informed under section 122(6) of the Criminal Procedure Code (Chapter 68) that he may be prosecuted for a drug trafficking offence or a serious offence, as the case may be; and
(iii)	that after investigations for a drug trafficking offence or a serious offence, as the case may be, have been commenced against the defendant, the defendant has died or cannot be found or is outside the jurisdiction;

(c)

contain full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property, as the deponent is, to the best of his knowledge, able to provide; and

(d)

where proceedings have not been instituted, indicate when it is intended that they should be instituted.

(3) A summons under paragraph (1) shall be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter shall be so entitled.

(4) Unless the Court otherwise directs, an affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof.

Restraint orders and charging orders (O. 89A, r. 6)

6.—(1) A restraint order may be made subject to conditions and exceptions, including —

(a)	conditions relating to the indemnifying of third parties against expenses incurred in complying with the order; and
(b)	exceptions relating to living expenses and legal expenses of the defendant,

but the Public Prosecutor shall not be required to give an undertaking to abide by any order as to damages sustained by the defendant as a result of the restraint order.

(2) Unless the Court otherwise directs, a restraint order made ex parte shall have effect until a day which shall be fixed for the hearing inter partes of the application.

(3) Where a restraint order is made, the Public Prosecutor must —

(a)	unless the Court otherwise provides, serve copies of the order and of the affidavit in support thereof on the defendant and on all other named persons restrained by the order; and
(b)	notify all other persons or bodies affected by the order of its terms.

(4) Where a charging order is made, the Public Prosecutor must —

(a)	unless the Court otherwise directs, serve copies of the order and of the affidavit in support thereof on the defendant and, where property to which the order relates is held by another person, on that person; and
(b)	serve a copy of the order on such of the persons or bodies specified in Order 50, Rule 2(1), as shall be appropriate.

Discharge or variation of order (O. 89A, r. 7)

7.—(1) Any person or body on whom a restraint order or a charging order is served or who is notified of such an order may apply by summons to discharge or vary the order.

(2) The summons and any affidavit in support thereof must be filed and served on —

(a)	the Public Prosecutor; and
(b)	the defendant where he is not the applicant,

not less than 2 clear days before the date fixed for the hearing of the summons.

Further application (O. 89A, r. 8)

8.—(1) Where a restraint order or a charging order has been made, an application may be made by the Public Prosecutor by summons or, where the case is one of urgency, ex parte —

(a)	to discharge or vary such order;
(b)	for a restraint order or a charging order in respect of other realisable property; or
(c)	for the appointment of a receiver.

(2) An application under paragraph (1) must be supported by an affidavit which must, where the application is for a restraint order or a charging order, contain full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property, as the deponent is, to the best of his knowledge, able to provide.

(3) The summons and affidavit in support thereof must be filed and served on the defendant and, where a receiver has been appointed in the matter, on the receiver, not less than 2 clear days before the date fixed for the hearing of the summons.

(4) Rule 6(3) and (4) shall apply to the service of restraint orders and charging orders, respectively, made under this Rule on persons other than the defendant.

Realisation of property (O. 89A, r. 9)

9.—(1) An application for an order under section 19 must be made by summons.

(2) The summons under paragraph (1) must be filed and served with an affidavit in support thereof on —

(a)	the defendant;
(b)	any person having any interest in the realisable property to which the application relates; and
(c)	the receiver, where one has been appointed in the matter,

not less than 7 clear days before the date fixed for the hearing of the summons.

(3) The affidavit must contain full particulars of the realisable property to which it relates and specify the person or persons holding such property, as the deponent is, to the best of his knowledge able to provide, and a copy of the confiscation order, of any certificate issued by the Court under section 10 (2) and of any charging order made in the matter must be exhibited to such affidavit.

(4) The Court may, on an application under section 19, exercise the power conferred by section 20 (1) to direct the making of payments by the receiver.

Receivers (O. 89A, r. 10)

10.—(1) Subject to this Rule, Order 30, Rules 2 to 6 shall apply where the Public Trustee is appointed as receiver in pursuance of a charging order or under section 16 or 19.

(2) It shall not be necessary for an affidavit of fitness to be sworn or for the Public Trustee to give security, unless the Court otherwise orders.

(3) Where the Public Trustee has fully paid the amount payable under the confiscation order and any sums remain in his hands, he must apply by summons for directions as to the distribution of such sums.

(4) A summons under paragraph (3) must be filed and served with an affidavit in support thereof on —

(a)	the defendant; and
(b)	any other person who held property realised by the receiver,

not less than 7 clear days before the date fixed for the hearing of the summons.

Compensation (O. 89A, r. 11)

11. An application for an order for compensation under section 50 must be made by summons which must be filed and served with any supporting evidence on —

(a)	the person alleged to be in default; and
(b)	the Public Prosecutor,

not less than 7 clear days before the date fixed for the hearing of the summons.

Disclosure of information (O. 89A, r. 12)

12.—(1) An application for disclosure of information under section 42 must be made by summons, which shall state the nature of the order sought, specifying the grounds of the application and whether material sought to be disclosed is to be disclosed to a receiver appointed under section 16 or 19 or in pursuance of a charging order or to an authorised officer.

(2) The summons and affidavit in support thereof must be filed and served on the public body —

(a)	not less than 7 clear days before the date fixed for the hearing of the summons; and
(b)	where the public body is a Government department, in accordance with Order 73, Rule 3.

(3) The affidavit in support of an application under paragraph (1) shall state the grounds for believing that the conditions in section 42 (4) and, if appropriate, section 42 (7A) are fulfilled.

Investigation into drug trafficking and criminal conduct — discharge and variation of orders (O. 89A, r. 13)

13.—(1) An application for a production order under section 30 must be made by summons supported by affidavit and may be made ex parte.

(2) An application for a warrant under section 34 must be made by summons and may be made ex parte.

(3) Where an order under section 30 has been made, the person required to comply with the order may apply to the Court by summons for the order to be discharged or varied, and on hearing such an application the Court may discharge the order or make such variations to it as the Court thinks fit.

(4) Subject to paragraph (5), where a person proposes to make an application under paragraph (3) for the discharge or variation of an order, he shall serve a copy of the application, not later than 2 clear days before the making of the application, on the authorised officer by whom the application for an order was made, or if such officer is not known or cannot be found, to another authorised officer.

(5) The Court may direct that paragraph (4) need not be complied with if the Court is satisfied that the person making the application has good reason to seek a discharge or variation of the order as soon as possible and it is not practicable to comply with that paragraph.

(6) Notwithstanding Order 60, Rule 4, no person may inspect or take a copy of any document relating to —

(a)	the application referred to in paragraph (1); or
(b)	an application to vary or discharge such an order under paragraph (3),

without the leave of Court.

Production orders against financial institutions (O. 89A, r. 14)

14.—(1) An application for a production order against a financial institution under section 31 (1) must be made by summons supported by affidavit and may be made ex parte.

(2) Notwithstanding Order 60, Rule 4, no person may inspect or take a copy of any document relating to such application without the leave of Court.

ORDER 89B

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 2000

Interpretation (O. 89B, r. 1)

1.—(1) In this Order, “Act” means the Mutual Assistance in Criminal Matters Act 2000 (Act 12 of 2000) and —

(a)	any reference to a section shall be construed as a reference to a section in the Act; and
(b)	any reference to the First Schedule shall be construed as a reference to the First Schedule to the Act.

(2) Expressions used in this Order which are used in the Act have the same meanings in this Order as in the Act.

Production orders (O. 89B, r. 2)

2.—(1) An application for an order under section 22 must be made by summons supported by affidavit and may be made ex parte.

(2) Where an order under section 22 has been made, the person required to comply with the order may apply to the Court by summons for the order to be discharged or varied, and on hearing such an application, the Court may discharge the order or make such variations to it as the Court thinks fit.

(3) Subject to paragraph (4), where a person proposes to make an application under paragraph (2) for the discharge or variation of an order, he shall serve a copy of the application, not later than 2 clear days before the making of the application, on the Attorney-General or the person who made the application for the order.

(4) The Court may direct that paragraph (3) need not be complied with if the Court is satisfied that the person making the application has good reason to seek a discharge or variation of the order as soon as possible and it is not practicable to comply with that paragraph.

Confidentiality of documents relating to production orders (O. 89B, r. 3)

3. Notwithstanding Order 60, Rule 4, no person may inspect or take a copy of any document relating to —

(a)	an application for an order under section 22; or
(b)	an application to discharge or vary such an order,

without the leave of Court.

Application for registration (O. 89B, r. 4)

4. An application for registration of a foreign confiscation order under section 30 (1) must be made by summons and may be made ex parte.

Evidence in support of application under section 30 (O. 89B, r. 5)

5. An application for registration of a foreign confiscation order under section 30 (1) must be supported by an affidavit —

(a)

exhibiting the order or a duly authenticated copy thereof within the meaning of section 31 (2) and, where the order is not in English, a duly translated copy thereof in English; and

(b)

stating —

(i)	that the order is in force and is not subject to further appeal in the foreign country;
(ii)	where any person affected by the order did not appear in the proceedings, that he received notice thereof in sufficient time to enable him to defend them;
(iii)	in the case of money, that at the date of the application the sum payable under the order has not been paid or the amount which remains unpaid, as the case may be, or, in the case of other property, the property which has not been recovered; and
(iv)	to the best of the deponent’s knowledge, particulars of the property that is believed to be located in Singapore and against which the order was made, and the source of the deponent’s knowledge.

6.—(1) The Registrar shall keep a register of the orders registered under the Act.

(2) There shall be included in such register particulars of —

(a)	any cancellation of a registration;
(b)	any variation, satisfaction or discharge of a registered order; and
(c)	any execution issued on such an order.

Notice of registration (O. 89B, r. 7)

7.—(1) Notice of the registration of an order must be served on the person against whom the order was made.

(2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11, Rules 3, 4 and 6, shall apply in relation to such a notice as they apply in relation to a writ.

(3) The notice must state the period within which an application may be made to cancel the registration and that the order will not be enforced until after the expiration of that period.

Application to cancel registration (O. 89B, r. 8)

8. An application to cancel the registration of an order must be made by summons supported by affidavit.

Enforcement of foreign confiscation order (O. 89B, r. 9)

9.—(1) A foreign confiscation order registered under section 30 (2) shall not be enforced until after the expiration of the period specified in accordance with Rule 7(3) or, if that period has been extended by the Court, until after the expiration of the period so extended.

(2) If an application is made under Rule 8, a foreign confiscation order shall not be enforced until after such application is determined.

Rules to have effect subject to orders (O. 89B, r. 10)

10. Rules 4 to 9 shall have effect subject to the provisions of any order made under section 17.

Application for restraint order or charging order (O. 89B, r. 11)

11.—(1) An application for a restraint order under rule 7(1) of the First Schedule or for a charging order under rule 8(1) of that Schedule (to either of which may be joined an application for the appointment of a receiver) must be made by summons.

(2) An application under paragraph (1) must be supported by an affidavit which must —

(a)	state, where applicable, that judicial proceedings have been instituted in a prescribed foreign country and have not been concluded, and the grounds for believing that a foreign confiscation order may be made in those proceedings;
(b)	contain full particulars of the property in respect of which the order is sought and specify the person or persons holding such property, as the deponent is, to the best of his knowledge, able to provide; and
(c)	in a case to which rule 6(2) of the First Schedule applies, indicate when it is intended that judicial proceedings should be instituted in the prescribed foreign country.

(3) A summons under paragraph (1) must be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter must be so entitled.

(4) Unless the Court otherwise directs, an affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof.

Restraint order and charging order (O. 89B, r. 12)

12.—(1) A restraint order under rule 7(1) of the First Schedule may be made subject to conditions and exceptions, including —

(a)	conditions relating to the indemnifying of third parties against expenses incurred in complying with the order; and
(b)	exceptions relating to living expenses and legal expenses of the defendant,

but the Attorney-General or the receiver who applied for the order (as the case may be) shall not be required to give an undertaking to abide by any order as to damages sustained by the defendant as a result of the restraint order.

(2) Unless the Court otherwise directs, a restraint order made ex parte shall have effect until a day which shall be fixed for the hearing inter partes of the application.

(3) Where a restraint order is made, the Attorney-General or the receiver who applied for the order (as the case may be) must —

(a)	unless the Court otherwise provides, serve copies of the order and of the affidavit in support thereof on the defendant and on all other named persons restrained by the order; and
(b)	notify all other persons or bodies affected by the order of its terms.

(4) Where a charging order is made, the Attorney-General or the receiver who applied for the order (as the case may be) must —

(a)	unless the Court otherwise directs, serve copies of the order and of the affidavit in support thereof on the defendant and, where property to which the order relates is held by another person, on that person; and
(b)	serve a copy of the order on such of the persons or bodies specified in Order 50, Rule 2(1), as shall be appropriate.

Discharge or variation of order (O. 89B, r. 13)

13.—(1) Any person or body on whom a restraint order under rule 7(1) of the First Schedule or a charging order under rule 8(1) of that Schedule is served or who is notified of such an order may apply by summons to discharge or vary the order.

(2) The summons and any affidavit in support thereof must be filed and served on —

(a)	the Attorney-General or the receiver who applied for the order, as the case may be; and
(b)	the defendant where he is not the applicant,

not less than 7 clear days before the date fixed for the hearing of the summons.

Further application (O. 89B, r. 14)

14.—(1) Where a restraint order under rule 7(1) of the First Schedule or a charging order under rule 8(1) of that Schedule has been made, an application may be made by the Attorney-General or the receiver who applied for the order (as the case may be) by summons and, where the case is one of urgency, ex parte —

(a)	to discharge or vary such order;
(b)	for a restraint order under rule 7(1) of the First Schedule or a charging order under rule 8(1) of that Schedule in respect of other realisable property; or
(c)	for the appointment of a receiver.

(2) An application under paragraph (1) must be supported by affidavit.

(3) In the case of an application for a restraint order or a charging order, the affidavit must contain full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property, as the deponent is, to the best of his knowledge, able to provide.

(4) The summons and any affidavit in support thereof must be filed and served on —

(a)	the defendant; and
(b)	the receiver, where one has been appointed in the matter,

not less than 7 clear days before the date fixed for the hearing of the summons.

(5) Rule 12(3) and (4) shall apply to the service of restraint orders and charging orders, respectively, made under this Rule on persons other than the defendant.

Realisation of property (O. 89B, r. 15)

15.—(1) An application under paragraph 10 of the First Schedule must be made by summons.

(2) The summons must be filed and served with an affidavit in support thereof on —

(a)	the defendant;
(b)	any person holding any interest in the realisable property to which the application relates; and
(c)	the receiver, where one has been appointed in the matter,

not less than 7 clear days before the date fixed for the hearing of the summons.

(4) A copy of the foreign confiscation order, and of any charging order made in the matter, must be exhibited to such affidavit.

(5) The Court may, on application under paragraph 10 of the First Schedule, exercise the power conferred by rule 11(1) of that Schedule to direct the making of payments by the receiver.

Receivers (O. 89B, r. 16)

16.—(1) Subject to this Rule, Order 30, Rules 2 to 6 shall apply where the Public Trustee is appointed as receiver in pursuance of a charging order or under paragraph 7 or 10 of the First Schedule.

(2) It shall not be necessary for an affidavit of fitness to be sworn or for the Public Trustee to give security, unless the Court otherwise orders.

(3) Where the Public Trustee has fully paid the amount payable under the foreign confiscation order and any sums remain in his hands, the Public Trustee must apply by summons for directions as to the distribution of such sums.

(4) A summons under paragraph (3) must be filed and served with an affidavit in support thereof on —

(a)	the defendant; and
(b)	any other person who held property realised by the receiver,

not less than 7 clear days before the date fixed for the hearing of the summons.

Restraint orders for instrumentality forfeiture orders (O. 89B, r. 17)

17.—(1) An application for a restraint order under rule 17(1) of the First Schedule (to which may be joined an application for the appointment of a receiver) must be made by summons and may be made ex parte.

(2) An application under paragraph (1) must be supported by an affidavit which must —

(a)	state, where applicable, that judicial proceedings have been instituted in a prescribed foreign country and have not been concluded, and the grounds for believing that an instrumentality forfeiture order may be made in those proceedings;
(b)	contain full particulars of the property in respect of which the order is sought and specify the person or persons holding such property, as the deponent is, to the best of his knowledge, able to provide; and
(c)	in a case to which rule 17(3) of the First Schedule applies, indicate when it is intended that judicial proceedings should be instituted in the prescribed foreign country.

(3) A summons under paragraph (1) must be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter must be so entitled.

(4) Unless the Court otherwise directs, an affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof.

(5) Rules 12, 13, 14 and 16 shall, with the necessary modifications, apply in relation to a restraint order under rule 17(1) of the First Schedule as they apply in relation to a restraint order under rule 7(1) of that Schedule.

Disposal of forfeited property (O. 89B, r. 18)

18.—(1) An application for an order under paragraph 18 of the First Schedule must be made by summons supported by affidavit.

(2) The summons must be filed and served with an affidavit in support thereof on any person holding any interest in the property to which the application relates not less than 7 clear days before the date fixed for the hearing of the summons.

(3) The affidavit must contain full particulars of the property and specify the person or persons holding any interest in such property, as the deponent is, to the best of his knowledge, able to provide.

(4) A copy of the instrumentality forfeiture order must be exhibited to such affidavit.

Compensation (O. 89B, r. 19)

19. An application for an order under paragraph 16 or 21 of the First Schedule must be made by summons which must be filed and served with any supporting evidence on —

(a)	the person alleged to be in default; and
(b)	the Attorney-General,

not less than 7 clear days before the date fixed for the hearing of the summons.

Application for search warrant (O. 89B, r. 20)

20. An application for a warrant under section 34 must be made by summons supported by affidavit and may be made exparte. ”.

Amendment of Appendix A

13. Appendix A of the principal Rules is amended —

(a)

by deleting paragraph 25 in Form 46 and substituting the following paragraphs:

(b)

by inserting, immediately after Form 192B, the following Forms:

Made this 30th day of December 2000.

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/322/1997/1 Vol. 5]

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