PART II | Division 1 — Commencing appeal proceedings |
7.—(1) [Deleted by S 350 of 2007]| (2) An appeal to the Board shall be made by lodging a notice of appeal in accordance with regulation 8. |
(3) Where an appeal from a decision of the Commission is —| (a) | as to whether the section 34 prohibition has been infringed; | | (b) | as to whether the section 47 prohibition has been infringed; | | (c) | on a direction given under section 67 of the Act in relation to the section 34 prohibition or the section 47 prohibition; | | (d) | on a direction given under section 69 of the Act (including the imposition of any financial penalty or as to the amount of any such financial penalty) in relation to a decision that the section 34 prohibition or the section 47 prohibition has been infringed; or | | (e) | for or in relation to the cancellation of a block exemption in respect of an agreement, |
| the notice of appeal shall be lodged within 2 months of the date on which the appellant was notified of the contested decision or the date of publication of the decision, whichever is the earlier. |
[S 350/2007 wef 01/07/2007] |
(3A) Where an appeal from a decision of the Commission is —| (a) | as to whether the section 54 prohibition will be or has been infringed; | | (b) | on a direction given under section 58A of the Act in relation to the section 54 prohibition; | | (c) | on a direction given under section 67 of the Act in relation to the section 54 prohibition; | | (d) | on a direction given under section 69 of the Act in relation to a decision that the section 54 prohibition will be infringed; | | (e) | on a direction given under section 69 of the Act (including the imposition of any financial penalty or as to the amount of any such financial penalty) in relation to a decision that the section 54 prohibition has been infringed; or | | (f) | for or in relation to a refusal to vary, substitute or release a commitment accepted under section 60A of the Act, |
| the notice of appeal shall be lodged within 4 weeks of the date on which the appellant was notified of the contested decision or the date of publication of the decision, whichever is the earlier. |
[S 350/2007 wef 01/07/2007] |
| (4) The Board may, on the application of the appellant, in its discretion extend the time limit provided under paragraph (3) for the lodgment of the notice of appeal. |
| (5) On receiving the notice of appeal, the Secretary shall forward a copy thereof to each of the other parties concerned. |
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8.—(1) The notice of appeal —| (a) | shall state —| (i) | the name and address of the appellant; | | (ii) | the name and address of the appellant’s authorised representative or legal representative; and | | (iii) | an address in Singapore for the service of documents; |
| | (b) | shall contain —| (i) | a concise statement of the facts; | | (ii) | a summary of the grounds for appealing against or with respect to the contested decision of the Commission, identifying, in particular —| (A) | the statutory provision under which the appeal is brought; | | (B) | the extent (if any) to which the appellant contends that the decision was based on an error of fact or was wrong in law; and | | (C) | the extent (if any) to which the appellant is appealing against the Commission’s exercise of discretion in making the contested decision; |
| | (iii) | a succinct presentation of the arguments of fact or law supporting each ground of appeal; and | | (iv) | the relief or directions (if any) sought by the appellant; |
| | (c) | shall be signed and dated by the appellant, or on his behalf by his authorised representative or legal representative; and | | (d) | shall be accompanied by —| (i) | a copy of the contested decision; and | | (ii) | the appropriate fee specified in the Schedule. |
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| (2) Unless the Board otherwise directs, the appellant shall lodge the duly signed original of the notice of appeal and its accompanying documents with the Board together with 5 copies thereof, each certified by the appellant, or his authorised representative or legal representative, to be in conformity with the original. |
| (3) An appellant shall not raise or rely on any ground of appeal which is not stated in the notice of appeal during the hearing of the appeal except with the permission of the Board. |
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| Defective notices of appeal |
9.—(1) If the Board considers that a notice of appeal is not lodged in accordance with regulation 8, is materially incomplete, unduly prolix or lacking in clarity, the Board may give such directions to the appellant as may be necessary to remedy the notice.| (2) The Board may, if it considers that the efficient conduct of the appeal proceedings so requires, instruct the Secretary to defer forwarding a copy of the notice of appeal to the other parties concerned until after the directions given under paragraph (1) have been complied with. |
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10.—(1) The Board may, after giving the parties an opportunity to be heard, reject an appeal in whole or in part at any stage in the appeal proceedings if —| (a) | it considers that the notice of appeal discloses no valid ground of appeal; | | (b) | it considers that the appellant is not a party or person referred to in section 71(1) or (1A) of the Act; | | (c) | it is satisfied that the appellant has habitually and persistently, and without any reasonable ground —| (i) | instituted vexatious proceedings before the Board; or | | (ii) | made vexatious applications in any proceedings before the Board; or |
| | (d) | the appellant fails to comply with any provision of these Regulations, or any direction, practice direction or order of the Board. |
| (2) Where the Board rejects an appeal, it may, without prejudice to its powers under section 73(8) of the Act, make such consequential order as it considers appropriate. |
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| Amendment of notice of appeal |
11.—(1) The appellant may, with the permission of the Board, amend his notice of appeal.| (2) Where the Board grants permission under paragraph (1), it may do so on such terms or conditions as it thinks fit to impose, and it shall give such further or consequential directions as it may consider necessary. |
(3) The Board shall not grant permission to amend a notice of appeal in order to add a new ground of appeal unless the Board is satisfied that —| (a) | such ground is based on any matter of fact or law which came to light after the notice of appeal was lodged; | | (b) | it was not practicable to include such ground in the notice of appeal; or | | (c) | there are exceptional circumstances to do so. |
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12.—(1) The appellant may, with the permission of the Board, withdraw his appeal.(2) Where the Board grants permission under paragraph (1), it may —| (a) | order the appellant to pay the costs of the Commission and the Board incurred up to the time his appeal is withdrawn; and | | (b) | do so on such other terms or conditions as it thinks fit to impose, including requiring the Secretary to publish a notice of the withdrawal of the appeal on the Board’s website or in such other manner as the Board may direct. |
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| Division 2 — Response to appeal proceedings |
13. On receiving a notice of appeal, the Secretary shall —| (a) | affix to the notice an official stamp showing the date on which the notice was received; | | (b) | enter the appeal in a list and assign a number thereto, which shall constitute the title of the appeal; | | (c) | inform the appellant of the title of the appeal; and | | (d) | subject to regulations 9 and 10, forward a copy of the notice of appeal to the Commission. |
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14.—(1) The Commission shall send to the Board a defence —| (a) | in the case of an appeal referred to in regulation 7(3), within 6 weeks of the date on which the Commission received a copy of the notice of appeal; and | | (b) | in the case of an appeal referred to in regulation 7(3A), within 4 weeks of the date on which the Commission received a copy of the notice of appeal. [S 350/2007 wef 01/07/2007] |
(2) The defence —| (a) | shall state —| (i) | the name and address of the Commission; | | (ii) | the name and address of the Commission’s legal representative; and | | (iii) | an address in Singapore for the service of documents; |
| | (b) | shall contain —| (i) | a succinct presentation of the arguments of fact or law upon which the Commission will rely; and | | (ii) | the relief or directions (if any) sought by the Commission; and |
| | (c) | shall be signed and dated by a duly authorised officer or the legal representative of the Commission. |
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| (3) The Commission shall send the duly signed original of the defence and its accompanying documents to the Secretary together with 5 copies thereof, each certified by a duly authorised officer or the legal representative of the Commission to be in conformity with the original. |
| (4) The Board may, on the application of the Commission, in its discretion extend the time limit provided under paragraph (1) for the sending of the defence. |
| (5) On receiving the defence, the Secretary shall forward a copy to the appellant. |
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15.—(1) If the Board considers that a defence is not sent in accordance with regulation 14, is materially incomplete, unduly prolix or lacking in clarity, the Board may give such directions to the Commission as may be necessary to remedy the defence.| (2) The Board may, if it considers that the efficient conduct of the appeal proceedings so requires, instruct the Secretary to defer forwarding a copy of the defence to the appellant until after the directions given under paragraph (1) have been complied with. |
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16.—(1) The Commission may, with the permission of the Board, amend its defence.| (2) Where the Board grants permission under paragraph (1), it may do so on such terms or conditions as it thinks fit to impose, and it shall give such further or consequential directions as it may consider necessary. |
(3) The Board shall not grant permission to amend a defence unless the Board is satisfied that —| (a) | there exists any matter of fact or law which came to light after the defence was sent to the Board; | | (b) | it was not practicable to include in or omit from the defence, as the case may be, the subject-matter of the amendment proposed by the Commission; or | | (c) | there are exceptional circumstances to do so. |
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| Division 3 — Publication and consolidation |
| Publication of summary of appeal |
17.—(1) Subject to regulations 9 and 10, the Secretary shall, as soon as practicable, upon receipt of a notice of appeal publish a notice to that effect on the Board’s website and in such other manner as the Chairman may direct.(2) The notice to be published under paragraph (1) shall state —| (a) | that a notice of appeal has been received; | | (b) | the name of the appellant; | | (c) | the decision of the Commission to which the appeal relates; and | | (d) | the particulars of the relief sought by the appellant. |
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18.—(1) Where 2 or more appeal proceedings are pending in relation to the same decision of the Commission, or involve the same or similar issues, the Board may at any time, on the request of a party or of its own initiative, order that the proceedings or any particular issue or matter raised in the proceedings be consolidated or heard together.| (2) Before making an order under paragraph (1), the Board shall invite all the parties to the relevant proceedings to make their submissions thereon. |
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| Division 4 — Case management |
19.—(1) The Board may at any time, whether at a case management conference or otherwise, on the request of a party or of its own initiative, give one or more of the directions referred to in paragraph (2), or such other directions as it thinks fit to secure the just, expeditious and economical conduct of the appeal proceedings.(2) Without prejudice to the generality of paragraph (1), the Board may give directions —| (a) | as to the manner in which the proceedings are to be conducted, including any time limits to be observed in the conduct of the oral hearing; | | (b) | that the parties file a reply, rejoinder or other additional pleadings or particulars; | | (c) | for the preparation and exchange of skeletal arguments; | | (d) | for the filing by the appellant or the Commission of a core bundle or core bundles comprising a copy of every document on which the appellant or the Commission (as the case may be) rely, including the written statements of all witnesses of fact and expert witnesses (if any); | | (e) | requiring any person to attend the hearing and give evidence or to produce documents; | | (f) | as to the evidence which may be required or admitted in proceedings before the Board and the extent to which it shall be oral or written; | | (g) | as to the submission of witness statements or expert reports before the hearing; | | (h) | as to the examination or cross-examination of witnesses; | | (i) | as to the abridgement or extension of any time limit; | | (j) | to enable the decision which is the subject of the appeal to be referred back in whole or in part to the Commission; | | (k) | for the disclosure between, or the production by, the parties of documents or classes of documents; | | (l) | for the appointment and instruction of experts, whether by the Board or by the parties, and the manner in which expert evidence is to be given; | | (m) | for the award of costs or expenses, including any allowance payable to persons in connection with their attendance before the Board; and | | (n) | for hearing a person who is not a party where, in any proceedings, it is proposed to make an order or give a direction in relation to that person. |
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(3) The Board may, in particular, of its own initiative —| (a) | put questions to the parties and the witnesses; | | (b) | invite the parties to make written or oral submissions on certain aspects of the proceedings; | | (c) | ask the parties or third parties for information or particulars; | | (d) | ask for any document relating to the appeal to be produced; and | | (e) | summon the parties or their representatives to meetings. |
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(4) A request by a party for directions shall be —| (a) | made in writing as soon as practicable; and | | (b) | served by the Secretary on any other party who may be affected by such directions, as determined by the Board after taking into account the submissions (if any) of the parties. |
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| Case management conference |
20.—(1) The Board may at any time, on the request of a party or of its own initiative, give directions for a case management conference to be held where it appears to the Board that any appeal proceedings would be facilitated by holding such a conference and, in particular —| (a) | to ensure the efficient conduct of the proceedings; | | (b) | to determine the points on which the parties have to present further arguments or which call for further evidence to be produced; | | (c) | to clarify the terms of the orders sought by the parties, their arguments of fact and law and the points at issue between them; | | (d) | to ensure that all agreements reached between the parties about the matters in issue and the conduct of the proceedings are recorded; or | | (e) | to facilitate the settlement of the proceedings. |
| (2) Unless the Board otherwise directs, a case management conference shall be held as soon as practicable after the filing of the defence by the Commission. |
| (3) A case management conference shall be held in private unless the Board otherwise directs. |
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| Timetable for oral hearing |
21. As soon as practicable, the Board shall —| (a) | set a timetable outlining the steps to be taken by the parties in preparation for the oral hearing of the appeal, whether pursuant to the directions of the Board or otherwise; | | (b) | fix the date for the oral hearing; | | (c) | notify the parties in writing of the date and place for the oral hearing and of any timetable for that hearing; and | | (d) | if it considers it necessary for the expeditious disposal of the appeal, send the parties a report which contains a summary of the factual context of the case and the parties’ principal submissions. |
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22.—(1) The Board —| (a) | shall have control of the evidence at the hearing of an appeal; | | (b) | shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other written law relating to evidence; and | | (c) | may give directions as to —| (i) | the issues on which it requires evidence; | | (ii) | the nature of the evidence which it requires to decide those issues; and | | (iii) | the manner in which the evidence is to be placed before the Board. |
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| (2) The Board may admit or exclude evidence, whether or not the evidence was available when the contested decision was made. |
| (3) The Board may require any witness to give evidence on oath or affirmation, or by way of affidavit. |
| (4) The Board may allow a witness to give evidence through a video link or by other means. |
| (5) The Board may dispense with the need to call a witness to give oral evidence if a witness statement has been submitted in respect of that witness. |
| (6) The Board may, at any time before notifying the appellant of its decision, call for such further evidence or explanation from all or any of the parties to be given, in the presence of the other party or parties, as it may consider necessary. |
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23.—(1) Subject to paragraphs (2) and (3), the Board may at any time, on the request of a party or of its own initiative, issue a summons requiring any person in Singapore to do either or both of the following:| (a) | attend as a witness before the Board, at the time and place set out in the summons; | | (b) | answer any question, or produce any document or other material in his possession or under his control, which relate to any issue or matter in question in the appeal proceedings. |
(2) A request by a party for the issue of a summons under this regulation shall be made to the Secretary with the appropriate fee specified in the Schedule, and shall state —| (a) | the name and address of the witness to be called; and | | (b) | the facts upon which the witness is to be examined and the reasons for the examination, the documents required to be produced by the witness and the reasons for their production, or both. |
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(3) No person may be required to attend in compliance with a summons under this regulation unless —| (a) | he has been served personally with the summons by the person requiring him to attend before the Board; and | | (b) | he is paid such sum as would be recoverable in respect of his attendance if the proceedings were proceedings before a District Court. |
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| Failure to comply with directions |
| 24. If a party to any appeal proceedings fails to comply with any direction given by the Board in accordance with these Regulations, the Board may, if it considers that the justice of the case so requires, order that such party be debarred from taking any further part in the proceedings without the permission of the Board. |
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