Registration of Criminals (Reviewing Tribunal) Rules 2023

No. S 359

Registration of Criminals Act 1949

Registration of Criminals
(Reviewing Tribunal) Rules 2023

In exercise of the powers conferred by section 49 of the Registration of Criminals Act 1949, the Minister for Home Affairs makes the following Rules:

PART 1

PRELIMINARY

Citation and commencement

1. These Rules are the Registration of Criminals (Reviewing Tribunal) Rules 2023 and come into operation on 12 June 2023.

Definitions

2.—(1) In these Rules —

“appeal” means an appeal made under section 40 of the Act against the Registrar’s determination;

“appeal proceedings” means proceedings before a Reviewing Tribunal regarding an appeal contained in a notice of appeal;

“appellant” means an individual who receives the Registrar’s notice and who brings an appeal in accordance with Part 7 of the Act;

“authorised representative”, for any individual, means an individual who is allowed under rule 11 to represent the individual in an appeal proceedings, whether or not the individual is an advocate and solicitor;

“contact address”, for any individual, means either of the following nominated by the individual for the receiving of documents under these Rules:

(a)	an address in Singapore;
(b)	an email address;

“defence” means a defence to a notice of appeal under rule 18;

“identity particulars”, for an individual, means —

(a)	the full name, and the number of the passport or other identity document, of the individual; and
(b)	the nationality of the individual;

“notice of appeal” has the meaning given by rule 13;

“parties”, in relation to any appeal proceedings about an appeal, means —

(a)	the appellant in the appeal; and
(b)	the Registrar,

and “party” means either of them;

“Registrar’s determination” means the determination of the Registrar under section 39(1) of the Act that any one or both of the circumstances mentioned in that provision exist;

“Registrar’s notice” means a notice mentioned in section 39(2) of the Act relating to the Registrar’s determination;

“Secretary” means the Secretary to the Reviewing Tribunals appointed under section 43(2) of the Act;

“working day” means any day except a Saturday, Sunday or public holiday.

(2) Unless the context otherwise requires, a reference to a Reviewing Tribunal in relation to any part of any appeal proceedings is a reference to the Reviewing Tribunal who has cognizance of the appeal which is the subject of the appeal proceedings.

(3) An appeal is decided by a Reviewing Tribunal without an in‑person hearing if it is decided on written material and submissions without parties to the appeal proceedings attending in person before the Reviewing Tribunal.

Address for service on Reviewing Tribunal

3. Any appeal or other document to be lodged with, given to or served on a Reviewing Tribunal under these Rules must be addressed to the “Secretary to the Reviewing Tribunals” and sent by email to secretary@rcatribunal.gov.sg.

Appropriate form

4.—(1) In these Rules, “appropriate form”, in relation to any purpose for which a specific form is required to be used, means the relevant form that is set out on the website at https://eservices.police.gov.sg/content/policehubhome/homepage/Removal-of-DNA-and-identifying-Information.html.

(2) A requirement in these Rules that a document be in an appropriate form includes a requirement that the document be completed in the English language and in accordance with any directions that may be specified in the appropriate form.

(3) However, where strict compliance with an appropriate form is not possible, the Secretary may allow for the necessary modifications to be made to that form, or for the requirements of that form to be complied with in any other manner that the Secretary thinks fit.

Secretary to Reviewing Tribunals

5.—(1) The duty of the Secretary is —

(a)	to provide administrative and secretarial support to each Reviewing Tribunal in relation to every appeal the Reviewing Tribunal has cognizance of under these Rules; and
(b)	to perform any other duties that are prescribed in these Rules.

(2) The Secretary has to attend at every hearing by a Reviewing Tribunal of an appeal referred to the Reviewing Tribunal under rule 19.

Made on 5 June 2023.

PANG KIN KEONG

Permanent Secretary,
Ministry of Home Affairs,
Singapore.

[MHA/112/2/025; AG/LEGIS/SL/268/2020/3 Vol. 1]

(To be presented to Parliament under section 49(2) of the Registration of Criminals Act 1949).

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