| Definitions of this Order (O. 23, r. 1) |
1. In this Order, unless the context otherwise requires —| “Act” means the Administration of Justice (Protection) Act 2016; |
| “committal applicant” means the person who is applying for or has obtained a committal order against the committal respondent; |
| “committal respondent” means the person against whom a committal order is sought or made; |
| “contempt of court” means contempt of court under the Act and includes, subject to section 8, contempt of court under the common law; |
| “non‑publication direction” means a direction under section 13; |
| “section” means a section of the Act. |
|
| Committal order for contempt of court (O. 23, r. 2) |
| 2. The power of the Court to punish for contempt of court may be exercised by a committal order. |
| Application for permission of Court (O. 23, r. 3) |
3.—(1) A committal applicant must first apply to the Court for permission to make an application for a committal order.| (2) An application for permission must be made by originating application without notice or by summons without notice in an action (as the case may be) to a Judge. |
(3) The application must be supported by an affidavit setting out —| (a) | the committal applicant’s name, description and address; | | (b) | the committal respondent’s name, description and address; and | | (c) | the grounds on which the committal order is sought. |
|
|
| Application for committal order after permission of Court granted (O. 23, r. 4) |
4.—(1) After permission is granted under Rule 3, the committal applicant must apply for the committal order within 14 days by summons in the originating application without notice or by summons in the action, and serve the following on the committal respondent by personal service:| (a) | the originating application without notice or summons without notice for permission under Rule 3(2); | | (b) | the supporting affidavit under Rule 3(3); | | (c) | the order granting permission under Rule 3(1); | | (d) | the summons for the committal order under this paragraph. |
| (2) There must be at least 21 days between the service under paragraph (1) and the hearing date. |
|
| Power to commit without application (O. 23, r. 5) |
5.—(1) Where by virtue of any written law, the General Division has power to punish or take steps for the punishment of any person charged with having done anything in relation to a court, tribunal or person which would, if it had been done in relation to the General Division, have been a contempt of that Court, a committal order may be made by the General Division.| (2) Nothing in Rules 2, 3 and 4 is taken as affecting the power of the General Division, the Appellate Division or the Court of Appeal to make a committal order on its own accord against a person guilty of contempt of court. |
|
| Transfer to General Division (O. 23, r. 6) |
6.—(1) An application under section 10(4) to transfer a case in a State Court to the General Division must be made to a Judge sitting in the General Division by originating application.| (2) In hearing such an application, the General Division may order the case sought to be transferred and any related proceedings to be stayed until after the final determination of the application. |
(3) Where the General Division orders a case in a State Court to be transferred to the General Division under section 10(4) —| (a) | the General Division may —| (i) | set aside or affirm any order made by the State Court; | | (ii) | modify Rules 3 and 4 in their application to the case; and | | (iii) | make any other order relating to the transfer; |
| | (b) | the Registrar of the State Courts must send to the Registrar of the Supreme Court the file of the proceedings, all documents, exhibits and a certified copy of the notes of evidence (if any) of the proceedings; and | | (c) | the Registrar of the Supreme Court must give notice of the transfer to every party to the case. |
|
|
| Provisions as to hearing (O. 23, r. 7) |
7.—(1) The Court must hear in open court an application for a committal order or an application under section 10(4) to transfer a case to the General Division, but may hear the application in private in the following cases:| (a) | where the application arises out of proceedings relating to the wardship or adoption of an infant or wholly or mainly to the guardianship, custody, maintenance or upbringing of an infant, or rights of access to an infant; | | (b) | where the application arises out of proceedings relating to a person who lacks capacity within the meaning of the Mental Capacity Act in relation to matters concerning his or her property and affairs; | | (c) | where the application is made in the General Division and arises out of proceedings in a Small Claims Tribunal or an Employment Claims Tribunal constituted under section 4 of the State Courts Act; | | (d) | where the application arises out of proceedings in which a secret process, discovery or invention was in issue; | | (e) | where it appears to the Court that, in the interests of the administration of justice or for reasons of national security, the application should be heard in private. |
(2) If the Court hears the application in private under paragraph (1) and decides to make a committal order against the committal respondent, it must state in open court —| (a) | the name of the committal respondent; | | (b) | in general terms the nature of the contempt of court in respect of which the committal order is being made; and | | (c) | if the committal respondent is being committed for a fixed period, the length of that period. |
|
| (3) The committal applicant must rely on only the grounds set out in the affidavit under Rule 3(3). |
(4) At the hearing of the application for a committal order, the committal respondent —| (a) | must rely on the matters stated in his or her affidavit, if any; but | | (b) | may, with the permission of the Court, give oral evidence on his or her own behalf. |
|
(5) For the purposes of section 26A(9), in making any order allowing a committal respondent to give evidence or to appear (other than to give evidence) by means of a live video or live television link under section 26A(1), the Court is to have regard to the following matters:| (a) | whether the order would affect the ability of any of the following persons to effectively conduct the defence of the committal respondent:| (i) | the committal respondent; | | (ii) | an advocate representing the committal respondent; |
| | (b) | whether the order would affect the ability of the committal applicant to effectively conduct those proceedings; | | (c) | whether the order would affect the ability of the committal respondent to consult and instruct his or her advocate in private; | | (d) | whether adequate technical measures are available to the Court —| (i) | to verify the identities of persons giving evidence or appearing by means of the live video or live television link; | | (ii) | to prevent the committal respondent from being coached or coerced while giving evidence or appearing by means of a live video or live television link; | | (iii) | to prevent the proceedings from being recorded; and | | (iv) | to control and restrict the persons who are able to access or observe the proceedings; |
| | (e) | the likelihood that the Court may require the committal respondent to handle any physical evidence; | | (f) | whether a judgment or order requiring the committal respondent to be taken into custody may be delivered or made during the proceedings. [S 206/2022 wef 01/04/2022] |
|
(6) For the purposes of section 26A(9), in making any order allowing a witness (not being the committal respondent) to give evidence by means of a live video or live television link under section 26A(2) or (3), the Court is to have regard to the following matters:| (a) | whether the order would affect the ability of any of the following persons to effectively conduct the defence of the committal respondent:| (i) | the committal respondent; | | (ii) | an advocate representing the committal respondent; |
| | (b) | whether the order would affect the ability of the committal applicant to effectively conduct those proceedings; | | (c) | whether adequate technical measures are available to the Court —| (i) | to verify the identities of persons giving evidence by means of the live video or live television link; | | (ii) | to prevent the witness from being coached or coerced while giving evidence by means of a live video or live television link; | | (iii) | to prevent the proceedings from being recorded; and | | (iv) | to control and restrict the persons who are able to access or observe the proceedings; |
| | (d) | the likelihood that the Court may require the witness to handle any physical evidence; | | (e) | in the case of an order under section 26A(3) allowing an expert witness to give evidence from a place that is not in Singapore — the reason why the expert witness is not giving evidence from Singapore. [S 206/2022 wef 01/04/2022] |
|
|
| Power to suspend execution of committal order (O. 23, r. 8) |
8.—(1) The Court may order the execution of the committal order to be suspended for such period or on such terms or conditions as it may specify.| (2) Where the Court makes an order under paragraph (1), the committal applicant must serve a notice on the committal respondent informing the committal respondent of the terms of that order. |
| (3) The committal applicant may apply for the suspension to be lifted on the ground that any of the terms of the suspension has been breached. |
| (4) An application under paragraph (3) must be made by summons supported by an affidavit and must be served on the committal respondent. |
|
| Discharge of committal respondent (O. 23, r. 9) |
9.—(1) Where a committal respondent has been committed for contempt of court, the Court may discharge him or her upon his or her application.| (2) Where a committal respondent has been committed for contempt of court under section 4 in relation to his or her failure to deliver any thing to some other person or to deposit it in Court or elsewhere, then, if the thing is in the possession or control of the committal respondent, the Sheriff may take possession of it as if it were the property of the committal respondent and, without limiting paragraph (1), the Court may discharge the committal respondent and give directions for dealing with the thing. |
|
| Saving for other powers (O. 23, r. 10) |
| 10. Nothing in Rules 1 to 9 is to be taken as affecting the power of the Court to make an order requiring a person punishable by virtue of any written law in like manner as if he or she had been guilty of contempt of court, to pay a fine or to give security for his or her good behaviour, and those Rules, so far as applicable and with the necessary modifications, apply in relation to an application for such an order as they apply in relation to an application for a committal order. |
| Form of committal order (O. 23, r. 11) |
11.—(1) A committal order must be in Form 42.(2) The committal applicant must serve on the Sheriff’s office by filing a copy of —| (a) | the committal order; and | | (b) | a written undertaking by the solicitor for the committal applicant (if the committal applicant is represented by a solicitor) or by the committal applicant (if the committal applicant is not represented by a solicitor) to —| (i) | pay upon request all charges, expenses and fees incurred by or payable to the Sheriff and the Singapore Police Force in complying with the committal order; and | | (ii) | indemnify the Sheriff and the Singapore Police Force against all claims, costs and expenses arising from complying with the committal order. |
|
|
| (3) The committal applicant must also deposit the amount of money requested by the Sheriff before the Sheriff complies with the committal order and from time to time. |
|
| Committal proceedings before Employment Claims Tribunals (O. 23, r. 12) |
12.—(1) Rules 1 to 11 (except Rule 7(1) and (2)) apply to committal proceedings before a tribunal.(2) For the purposes of applying this Order to committal proceedings before a tribunal, unless the context otherwise requires —| (a) | any reference to a Court is a reference to a tribunal or a tribunal magistrate; and | | (b) | any reference to a Judge is a reference to a tribunal magistrate. |
|
| (3) The court fees that apply to proceedings under this Order in a District Court apply to proceedings under this Order in a tribunal. |
| (4) The hearing fees prescribed in the Employment Claims Rules 2017 (G.N. No. S 104/2017) apply to the hearing of any proceedings under this Order in a tribunal. |
(5) In this Rule —| “tribunal” means a State Court called an Employment Claims Tribunal constituted under section 4 of the State Courts Act; |
| “tribunal magistrate” has the meaning given by section 2(1) of the Employment Claims Act 2016. |
|
|
| Committal proceedings before Small Claims Tribunals (O. 23, r. 13) |
13.—(1) Rules 1 to 11 (except Rule 7(1) and (2)) apply to committal proceedings before a tribunal.(2) For the purposes of applying this Order to committal proceedings before a tribunal, unless the context otherwise requires —| (a) | any reference to a Court is a reference to a tribunal or a tribunal magistrate; and | | (b) | any reference to a Judge is a reference to a tribunal magistrate. |
|
| (3) The court fees that apply to proceedings under this Order in a Magistrate’s Court apply to proceedings under this Order in a tribunal. |
| (4) The hearing fees that apply to proceedings under this Order in a Magistrate’s Court apply to proceedings under this Order in a tribunal. |
(5) In this Rule —| “tribunal” means a Small Claims Tribunal constituted under section 4 of the State Courts Act; |
| “tribunal magistrate” has the meaning given by section 2(1) of the Small Claims Tribunals Act. |
|
|
| Committal proceedings before Community Disputes Resolution Tribunals (O. 23, r. 14) |
14.—(1) To avoid doubt, Rules 1 to 11 (except Rule 7(1) and (2)) apply to a tribunal.(2) For the purposes of applying this Order to committal proceedings before a tribunal, unless the context otherwise requires —| (a) | any reference to a Court is a reference to a tribunal or a tribunal judge; and | | (b) | any reference to a Judge is a reference to a tribunal judge. |
|
(3) In this Rule —| “tribunal” means a State Court designated as a Community Disputes Resolution Tribunal under section 14(1)(a) of the Community Disputes Resolution Act 2015; |
| “tribunal judge” means a District Judge designated as a tribunal judge under section 14(1)(b) of the Community Disputes Resolution Act 2015. |
|
|
| Application by Attorney‑General for permission to give non‑publication direction (O. 23, r. 15) |
15.—(1) An application by the Attorney‑General for permission to give a non‑publication direction must be made by originating application without notice supported by an affidavit.| (2) The supporting affidavit may be made by a person authorised by the Attorney‑General. |
(3) The supporting affidavit must —| (a) | have annexed to it a copy of the proposed non‑publication direction; | | (b) | state the grounds for believing that there is a prima facie case that —| (i) | the person to whom the proposed non‑publication direction will apply has published the matter that is the subject of the proposed non‑publication direction; and | | (ii) | the publication of the matter that is the subject of the non‑publication direction would satisfy section 13(7)(b)(i), (ii) or (iii); |
| | (c) | state the reasons for any exception or condition in the proposed non‑publication direction; and | | (d) | state that the Attorney‑General is satisfied that it is in the public interest to give the proposed non‑publication direction. |
|
| (4) The Court’s permission to give a non‑publication direction lapses if the direction is not served in accordance with the Act within 14 days after the day on which permission is granted. |
| (5) After a non‑publication direction is served, a person authorised by the Attorney‑General must file an affidavit stating that the direction has been served in accordance with the Act and giving particulars of the service. |
|
| Application to set aside or vary non‑publication direction (O. 23, r. 16) |
16.—(1) This Rule applies to an application under section 13(9) to vary or set aside a non‑publication direction.| (2) The application must be made within 14 days after the direction is served on the person to whom the non‑publication direction applies. |
| (3) To avoid doubt, paragraph (2) applies even if the application is made by the author of the matter specified in the direction. |
| (4) An application must be made by summons in the originating application in which permission to give the non‑publication direction was granted and must be supported by an affidavit. |
| (5) The applicant must serve the summons and the supporting affidavit on the Attorney‑General, any person (other than the applicant) to whom the non‑publication direction applies, and any other person whom the Court orders to be served. |
| (6) If the applicant is the author of the matter that is the subject of the non‑publication direction, the supporting affidavit must state and give evidence of that fact. |
(7) If the Court sets aside or varies a non‑publication direction, the applicant must serve the order of the Court within 14 days after the date of the order of the Court —| (a) | on the person to whom the direction applies (unless the person is the applicant); and | | (b) | any other person whom the Court orders to be served. |
|
| (8) If an order of Court is required to be served in accordance with paragraph (7), the applicant must, after the order has been served, file an affidavit stating that the order has been served and giving particulars of the service. |
| (9) An order of Court to set aside a non‑publication direction takes effect from the date of the order or such other date as the Court may specify in the order. |
(10) An order of Court to vary a non‑publication direction takes effect —| (a) | insofar as the direction and the variation apply to the applicant — from the date of the order or such other date as the Court may specify in the order; and | | (b) | insofar as the direction and the variation apply to a person other than the applicant — from the date on which the order is served on the person or such later date as the Court may specify in the order. |
|
|
| Order to arrest committal respondent (O. 23, r. 17) |
17.—(1) The Court may order the Sheriff or any police officer to arrest and bring before the Court, as soon as is practicable, a committal respondent who fails to attend any proceedings in Court or who disobeys any order of the Court.| (2) The Court may include in the order to arrest under paragraph (1) conditions relating to the giving of security by the committal respondent or to any other matter. |
| (3) A letter from the Registrar stating the Court’s order made under paragraph (1) is sufficient authority for the Sheriff or any police officer to effect the arrest. |
|
| Sheriff may engage auxiliary police officer or other security agency (O. 23, r. 18) |
18.—(1) The Sheriff may engage, or direct the applicant to engage, any auxiliary police officer appointed under the Police Force Act or other security agency to assist him or her in the discharge of his or her duties under this Order.| (2) Any amount of money incurred by the Sheriff under paragraph (1) is considered as part of the charges, expenses and fees incurred in complying with a committal order. |
|
|
