Republic of Singapore (Appeals to Judicial Committee) Order 1966

Judicial Committee Act

(CHAPTER 148, Section 6)

O 1

REVISED EDITION 1990

(25th March 1992)

Made ... ... ...

20th September 1966

Coming into Operation

20th September 1966

At the Court at Balmoral, the 20th day of September 1966

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers by section 3 of the Singapore Act 1966¹ or otherwise in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

¹1966 c. 29.

Citation and construction

1.—(1) This Order may be cited as the Republic of Singapore (Appeals to Judicial Committee) Order 1966.

(2) In this Order, save where the context otherwise requires —

“appeal” includes an application for leave to appeal;

“Appellate Court” means any court having jurisdiction in accordance with the law of Singapore to hear and determine appeals from the High Court of Singapore or a judge thereof and includes any former such court and, in relation to decisions on appeals from the High Court of Singapore, the Federal Court of the Federation of Malaysia;

“the Committee” means the Judicial Committee of the Privy Council;

“Singapore” means the Republic of Singapore.

(3) Save as is otherwise required by the context, the Interpretation Act 1889² shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

²1889 c. 63

Judicial Committee to have jurisdiction in respect of appeals from Singapore

2.—(1) The Committee shall have jurisdiction in respect of appeals from an Appellate Court in a civil matter in the following cases, that is to say:

(a)

in the case of any final judgment, decree or order where —

(i)	the matter in dispute in the appeal amounts to or is of the value of five thousand dollars or upwards; or
(ii)	the appeal involves, directly or indirectly, some claim or question to or respecting property or some civil right of like amount or value; or
(iii)	the case is from its nature a fit one for appeal;

(b)

in the case of any interlocutory judgment or order which the Appellate Court considers a fit one for appeal; or

(c)

in the case of any decision in the exercise of any original or advisory jurisdiction conferred upon the Appellate Court by the law of Singapore:

Provided that no appeal shall be entertained under this paragraph unless the leave of an Appellate Court for such appeal to be made has first been given in the manner and within the time provided by the law in force in Singapore.

(2) The Committee shall also have jurisdiction in respect of applications for special leave to appeal from decisions of an Appellate Court in any case, whether civil or criminal, other than those set out in paragraph (1) of this Article and in any case there set out where the leave of an Appellate Court has not been duly obtained, and in respect of any appeal for which leave is so granted.

(3) The provisions of this Article shall apply to decisions of an Appellate Court given as well before the commencement of this Order as thereafter and, in relation to any decision of an Appellate Court given before the commencement of this Order, —

(a)	the provisions of paragraph (1)(a) of this Article shall have effect as if for the words “five thousand dollars” there were substituted the words “four thousand five hundred dollars”, and the Committee shall have jurisdiction accordingly; and
(b)	the Committee shall have jurisdiction under paragraph (2) of this Article in respect of any appeal for which special leave was granted on the recommendation of the Committee in accordance with the provisions then in force for the regulation of appeals from the Appellate Court.

Transitional provisions

3. Any proceeding in any appeal from a decision of an Appellate Court given before the commencement of this Order may be amended as may appear necessary or proper in order to bring it into conformity with the Judicial Committee Act 1966 of Singapore and with this Order, and, for the purpose of computing the time within which any step in any such proceeding must be taken for the purpose of any law governing the same, no account shall be had of the period commencing on the 9th August 1965 and ending on the commencement of this Order.

[Act 37/66]

Extent of application of the Judicial Committee Act 1833

4. The Judicial Committee Act 1833³ shall apply in relation to appeals from an Appellate Court subject to the exceptions and modifications set out in Schedule I to this Order.

³1833 c. 41.

Judicial Committee (General Appellate Jurisdiction) Rules to apply

5. The jurisdiction which is conferred on the Committee by this Order shall be exercised in accordance with the Judicial Committee (General Appellate Jurisdiction) Rules set out in Schedule II to this Order.⁴.

⁴The Order is part of the law of Singapore by virtue of section 6 of the Judicial Committee Act (Cap. 148)

W. G. Agnew.

[S.I.1969,]

[No. 370.]

[S.I. 1982,]

[No. 1676]

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