PART 3 | Application for protection order |
| 53.—(1) An application for a protection order must be made by filing an originating application in Form 1 and supported by an affidavit in Form 2. [S 193/2022 wef 01/04/2022] (2) The applicant for a protection order must serve a copy of the documents mentioned in paragraph (1) on —| (a) | each intended relevant party within 14 days after the date of filing the originating application, unless the court directs otherwise; and [S 193/2022 wef 01/04/2022] | | (b) | any other person on whom the documents are directed to be served under rule 68(1), within the time required by rule 68(2). |
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| (3) The applicant must file a memorandum of service in Form 21 within 8 days after the date of service in accordance with paragraph (2). |
| (4) An applicant for a protection order who wishes to apply for an expedited protection order must so indicate in the originating application relating to the application for the protection order. [S 193/2022 wef 01/04/2022] |
| (5) Where an affidavit has been filed in support of an application for a protection order, no further affidavit is to be filed or served in support of that application (including any expedited protection order indicated in the application), except with the permission of the court. [S 193/2022 wef 01/04/2022] |
| (6) A person who is served the documents under paragraph (2) may file an affidavit in reply in Form 3 within 14 days after being served the documents, and no further affidavit is to be filed or served in support of the reply except with the permission of the court. [S 193/2022 wef 01/04/2022] |
| (7) The court may grant an expedited protection order despite the failure to serve the documents under paragraph (2). |
| (8) Order 15, Rule 7(6)(c) of the Rules of Court does not apply to any proceedings for a protection order. [S 193/2022 wef 01/04/2022] |
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| Form and notification of protection order or expedited protection order |
54.—(1) A protection order —| (a) | must be in Form 4; and | | (b) | must be served by the applicant on every relevant party of the order, and every other person on whom the order is directed to be served under rule 68(1). |
(2) An expedited protection order —| (a) | must be in Form 4; | | (b) | must be served by the applicant —| (i) | on every relevant party of the order, and every other person on whom the order is directed to be served under rule 68(1); and | | (ii) | together with a copy each of the application for the order and the affidavit in support of the application, if these were previously not served on the relevant party or person mentioned in sub‑paragraph (i); and |
[S 193/2022 wef 01/04/2022] | | (c) | must contain, or be served together with an order of the court containing, the court’s directions mentioned in sub‑paragraph (b)(i). |
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| (3) An order under section 12(2E) or (2F) or 13(1B) or (1C) of the Act served on a third party or an internet intermediary mentioned in that provision (called in this rule an additional relevant party), who was not identified in the order, must be served together with a notification in Form 5 naming that additional relevant party. |
| (4) Where an order mentioned in paragraph (3) is to apply to another additional relevant party, who was not identified in the order or in a notification served under that paragraph, a further notification in Form 5 naming that other additional relevant party must be served with the order on that other additional relevant party. |
| (5) A party who wishes to amend a notification, which is served by that party under paragraph (3) or (4) in respect of an additional relevant party named in the notification, must do so by serving a copy of the amended notification on every additional relevant party who was served the notification before it was amended. |
| (6) Every notification, further notification or amended notification mentioned in paragraph (3), (4) or (5) (as the case may be) must be filed before it is served, and such filing may be done without the permission of court. [S 193/2022 wef 01/04/2022] |
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| Application to vary, suspend or cancel protection order, etc. |
55.—(1) An application to vary, suspend or cancel a protection order or an expedited protection order must be —| (a) | made by summons in Form 6 in the originating application in which the protection order was made; and [S 193/2022 wef 01/04/2022] | | (b) | supported by an affidavit in Form 7. |
(2) The applicant must serve the application and supporting affidavit on —| (a) | every other party to the claim for the order, within 7 days after the date on which the application is filed; and | | (b) | any other person on whom the application is directed to be served under rule 68(1), within the time required by rule 68(2). |
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(3) The court may —| (a) | give such directions for the hearing of the application as the court thinks fit; | | (b) | conduct the hearing of the application in such manner as the court thinks fit; and | | (c) | where any party or person does not appear at the hearing of the application despite being served under paragraph (2), proceed to hear the application and make a decision in the absence of the party or person, even if the interests of the party or person may be prejudicially affected by the decision. |
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(4) Any order made by the court pursuant to the application must be served by the party in whose favour the order is made, on the following persons as the court may direct:| (a) | each person required to be served under paragraph (2); | | (b) | every other person on whom the order is directed to be served under rule 68(1). |
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| Application for false statement order or interim false statement order |
| 56.—(1) An application for a false statement order must be made by filing an originating application in Form 8 supported by an affidavit in Form 9. [S 193/2022 wef 01/04/2022] (2) The applicant for a false statement order must serve a copy of the documents mentioned in paragraph (1) on —| (a) | each intended relevant party, within 14 days after the date of filing the originating application, unless the court directs otherwise; and [S 193/2022 wef 01/04/2022] | | (b) | any other person on whom the documents are directed to be served under rule 68(1), within the time required by rule 68(2). |
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| (3) The applicant must file a memorandum of service in Form 21 within 8 days after the date of service in accordance with paragraph (2). |
(4) An applicant for a false statement order who wishes to apply for a corresponding interim false statement order must —| (a) | so indicate in the originating application relating to the application for the false statement order; or [S 193/2022 wef 01/04/2022] | | (b) | where the application for the false statement order has already been made — apply by a summons or a summons without notice (as the case may be) in Form 8A in the originating application for the false statement order, supported by an affidavit in Form 9. [S 193/2022 wef 01/04/2022] |
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| (5) Where an affidavit has been filed in support of an application under paragraph (1) or (4)(b), no further affidavit is to be filed or served in support of that application except with the permission of the court. [S 193/2022 wef 01/04/2022] |
| (6) Each person who is served the documents under paragraph (2) may file an affidavit in reply in Form 10 within 14 days after being so served, and no further affidavit is to be filed or served in support of that person’s reply except with the permission of the court. [S 193/2022 wef 01/04/2022] |
| (7) The court may grant an interim stop publication order or interim notification order despite the failure to serve the documents in support of the application under paragraph (2). [S 193/2022 wef 01/04/2022] |
| (8) Order 15, Rule 7(6)(c) of the Rules of Court does not apply to any proceedings in the application for a false statement order or an interim false statement order. [S 193/2022 wef 01/04/2022] |
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| Form and notification of false statement order or interim false statement order |
57.—(1) A false statement order —| (a) | must be in Form 11; | | (b) | must be served by the applicant on each relevant party of the order and every other person on whom the order is directed to be served under rule 68(1); and [S 193/2022 wef 01/04/2022] | | (c) | must contain, or be served with an order of the court containing, the court’s directions mentioned in sub‑paragraph (b). |
(2) An interim false statement order —| (a) | must be in Form 11; | | (b) | must be served by the applicant —| (i) | on each relevant party of the order, and every other person on whom the order is directed to be served under rule 68(1); and | | (ii) | together with a copy each of the application for the interim false statement order and the affidavit in support of the application, if these were previously not served on the relevant party or person; and |
[S 193/2022 wef 01/04/2022] | | (c) | must contain, or be served together with an order of the court containing, the court’s directions mentioned in sub‑paragraph (b)(i). |
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| (3) A stop publication order or an interim stop publication order (as the case may be) served on an individual or entity mentioned in section 15A(3) of the Act (called in this rule an additional relevant party), who was not identified in the order, must be served together with a notification in Form 12 naming that additional relevant party. |
| (4) Where an order mentioned in paragraph (3) is to apply to another additional relevant party, who was not identified in the order or in a notification served under that paragraph, a further notification in Form 12 naming that other additional relevant party must be served with the order on that other additional relevant party. |
| (5) A party who wishes to amend a notification, served by that party under paragraph (3) or (4) in respect of a person named in the notification, must do so by serving an amended notification on every additional relevant party who was served the notification before it was amended. |
| (6) Every notification, further notification and amended notification mentioned in paragraph (3), (4) or (5) (as the case may be) must be filed before it is served, and such filing may be done without the permission of court. [S 193/2022 wef 01/04/2022] |
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| Application to vary, suspend or cancel false statement order or interim false statement order |
58.—(1) An application to vary, suspend or cancel a false statement order or an interim false statement order must be —| (a) | made by summons in Form 13 in the originating application in which the false statement order or interim false statement order (as the case may be) was made; and [S 193/2022 wef 01/04/2022] | | (b) | supported by an affidavit in Form 14. |
(2) The applicant must serve the application and supporting affidavit on —| (a) | every other party to the claim for the order, within 7 days after the date on which the application is filed; and | | (b) | any other person on whom the application is directed to be served under rule 68(1), within the time required by rule 68(2). |
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(3) The court may —| (a) | give such directions for the hearing of the application as the court thinks fit; | | (b) | conduct the hearing of the application in such manner as the court thinks fit; and | | (c) | where any party or person does not appear at the hearing of the application despite being served under paragraph (2), proceed to hear the application and make a decision in the absence of the party or person, even if the interests of the party or person may be prejudicially affected by the decision. |
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(4) Any order made by the court pursuant to the application must be served by the party or person in whose favour the order is made, on the following:| (a) | each party or person required to be served under paragraph (2); | | (b) | every other person on whom the order is directed to be served under rule 68(1). |
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| Action for damages under section 11 of Act |
| 59. To avoid doubt, where this Part applies, an action for damages under section 11 of the Act must be commenced by originating claim under the Rules of Court. [S 193/2022 wef 01/04/2022] |
| Appeal relating to application for protection order or false statement order |
59A.—(1) Subject to paragraph (2), Order 2, Rule 10 or Rule 12, Order 18 and Order 19 of the Rules of Court (as the case may be) apply to an appeal against a decision of a court in relation to a protection order or false statement order or the refusal of such an order.(2) For the purposes of paragraph (1), the references to “all parties who have an interest in the appeal” in the provisions of the Rules of Court mentioned in that paragraph are to be read, unless the Court otherwise directs, as a reference to the following persons:| (a) | the applicant for the protection order or false statement order; | | (b) | the respondent to the application for the protection order or false statement order; | | (c) | every relevant party in relation to the protection order or false statement order; | | (d) | any other person on whom the application is directed to be served under rule 68(1) of the Supreme Court of Judicature (Protection from Harassment) Rules 2021. [S 724/2024 wef 15/10/2024] |
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| (3) The time for service under Order 2, Rule 10 or Rule 12, Order 18 and Order 19 of the Rules of Court on a person mentioned in paragraph (2)(d) is the time required by rule 68(2) of these Rules. [S 724/2024 wef 15/10/2024] |
[S 193/2022 wef 01/04/2022] |
60. Without limiting the powers under Order 9, Rule 10 of the Rules of Court, a court may, on an application by any of the following persons, join that person as a party to any PH proceedings in the court:| (a) | where the PH proceedings relate to an application for a protection order requiring an internet intermediary to disable access to an alleged offending communication — a third party that published the alleged offending communication by means of an internet intermediary service provided by the internet intermediary; | | (b) | where the PH proceedings relate to a false statement order or an interim false statement order —| (i) | the author of the relevant statement to which that order relates; or | | (ii) | an individual or entity that published the relevant statement to which that order relates; |
| | (c) | any other person who has standing to be joined in the proceedings. |
[S 193/2022 wef 01/04/2022] |
| Costs, disbursements and fees for PH proceedings |
61.—(1) The fees in the Fourth Schedule to the Rules of Court applicable to a Magistrate’s Court apply in relation to PH proceedings in the Protection from Harassment Court, despite the Protection from Harassment Court being a District Court.| (2) Subject to paragraph (3), the costs and disbursements awarded to a person who commenced PH proceedings in accordance with Part 3 in any court on or after 1 April 2022, when those proceedings could have been commenced in accordance with Part 2 instead, must not exceed the costs and disbursements which would have been awarded if the proceedings were conducted under Part 2. |
| (3) Paragraph (2) does not apply if the court is satisfied there was reason to believe that it was just, expeditious and economical to do so instead of commencing the proceedings in accordance with Part 2. |
[S 193/2022 wef 01/04/2022] |
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