3. In the principal Rules, in Order 5 —| (a) | in Rule 7(1), replace sub-paragraph (b) with —| “(b) | where there is a Civil Procedure Convention governing service in the foreign country —| (i) | in the case of the Hague Service Convention as defined in Rule 8A(7) —| (A) | in accordance with Rule 8A or 10, whichever is applicable; or | | (B) | subject to any objection made by the receiving Contracting State, in accordance with sub‑paragraph (a), (c), (d), (e) or (f); |
| | (ii) | in the case of any other Civil Procedure Convention — according to the manner provided in that convention; or | | (iii) | in the case where both the Hague Service Convention and another Civil Procedure Convention govern service in the foreign country — in accordance with either sub‑paragraph (i) or (ii);”; |
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| | (b) | in Rule 7(1), replace sub‑paragraph (e) with —| “(e) | through a Singapore consular authority in the foreign country seeking the assistance of the relevant authority in that foreign country to effect service;”; |
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| | (c) | in Rule 7, delete paragraph (7); | | (d) | after Rule 8, insert —| “Service of Originating Application, etc., out of Singapore on person under Article 3 of Hague Service Convention (O. 5, r. 8A) |
8A.—(1) This Rule applies to the service out of Singapore, under Article 3 of the Hague Service Convention, of an Originating Application or other court document required in connection with civil proceedings in respect of a civil or commercial matter on a person, other than a State, in a Contracting State.| (2) If any provision in this Rule is inconsistent with any other provision in this Order, the provision in this Rule prevails to the extent of the inconsistency. |
| (3) The person mentioned in paragraph (1) must have a known address in the Contracting State in which the documents are to be served. |
(4) A person who wishes to serve any document mentioned in paragraph (1) out of Singapore under this Rule must file in the Registry a request for service in the current version of Part 1 of the Model Form, accompanied by —| (a) | a sealed copy of the document to be served; | | (b) | a summary of the document to be served, in accordance with Part 3 of the Model Form; | | (c) | a translation of the documents mentioned in sub‑paragraphs (a) and (b) in accordance with Rule 7(4) and (5); and | | (d) | a copy each of the request and the documents mentioned in sub‑paragraphs (a), (b) and (c), which may be in electronic form if agreed to by the central authority. |
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| (5) The Registrar must send the documents filed under paragraph (4) to the central authority of the Contracting State in which the documents are to be served. |
| (6) Rule 7(3) does not apply in relation to any service under this Rule. |
(7) In this Rule —| “central authority”, in relation to a Contracting State, means an authority that is designated by that State under Article 2 of the Hague Service Convention for receiving requests for service coming from other State parties to the Hague Service Convention; |
| “Contracting State” means a State (other than Singapore) which is a party to the Hague Service Convention; |
| “Hague Service Convention” means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at The Hague on 15 November 1965; |
| “Model Form” means the model form, in 3 parts, annexed to the Hague Service Convention and set out on the Internet website for that Convention at https://www.hcch.net/en/instruments/conventions/specialised‑sections/service.”; and |
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| | (e) | in Rule 10, after paragraph (5), insert —| “(6) Where the State is a Contracting State to the Hague Service Convention, the request in paragraph (1)(a) must be accompanied by a summary of the document to be served, in accordance with Part 3 of the Model Form. |
| (7) In paragraph (6), “Contracting State”, “Hague Service Convention” and “Model Form” have the meanings given by Rule 8A(7).”. |
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