Long Title

Enacting Formula

Part I AMENDMENTS RELATING TO certain Court PROCEEDINGS

Part II AMENDMENTS TO OTHER WRITTEN LAWS

FIRST SCHEDULE Amendments to Change Process for Making Applications to Court under Certain Written Laws

SECOND SCHEDULE New Fourth Schedule to Parliamentary Elections Act

THIRD SCHEDULE New Part X of Women’s Charter

FOURTH SCHEDULE Amendments to Certain Written Laws to Rename Prerogative Orders and Writs Referred to Therein

FIFTH SCHEDULE Amendments to Change Certain Expressions Used in Relation to Court Proceedings

SECOND SCHEDULE
First Schedule, item (26) (n)
New Fourth Schedule to Parliamentary Elections Act
FOURTH SCHEDULE
Section 100(2)
Citation
1.  These Rules may be cited as the Parliamentary Elections (Application for Avoidance of Election) Rules.
Interpretation
2.  In these Rules, unless the context otherwise requires —
“application for withdrawal” means an application made to a Judge under rule 22 for leave to withdraw an application under section 90, and “applicant for withdrawal” shall be construed accordingly;
“application under section 90” means an application made to a Judge under section 90 of the Act for the election of a candidate as a Member to be declared to be void on any of the grounds specified in that section;
“defendant” means a person in respect of whose election an application under section 90 has been made;
“Judge” means the Election Judge;
“plaintiff” means a person making an application under section 90;
“Registrar” means the Registrar of the Supreme Court.
Application of Rules of Court
3.  Subject to the provisions of these Rules and of the Act, the Rules of Court (Cap. 322, R 5) shall apply, with the necessary modifications, to the practice and procedure in any proceedings under the Act to which these Rules relate.
Manner of making application under section 90
4.—(1)  An application under section 90 shall be made by originating summons supported by an affidavit.
(2)  In such an application —
(a)
the applicant shall be referred to as the plaintiff; and
(b)
the person in respect of whose election the application is made shall be referred to as the defendant.
(3)  The application shall be made by filing it at the office of the Registrar, and the Registrar or the officer of his department with whom the application is filed shall, if required, give a receipt in the following form:
 
 
Received on the .............. day of ................................................................. at the Registry of the Supreme Court, an application touching the election of ............................................., Member for ....................................................................................................... purporting to be made by ................................................................... (insert the name of plaintiff).
 
 
 
 
 
 
 
 
 
............................................................,
 
Registrar
 
(or as the case may be).
 
 
Contents and form of supporting affidavit for application under section 90
5.—(1)  The affidavit supporting an application under section 90 shall be deposed to by the plaintiff or, where there is more than one plaintiff, by each such plaintiff, and shall state —
(a)
the right of the plaintiff or plaintiffs to apply within section 93; and
(b)
the holding and result of the election, and the facts and grounds relied on to sustain the relief sought.
(2)  The affidavit shall be divided into paragraphs, each of which, as nearly as may be, shall be confined to a distinct portion of the subject, and every paragraph shall be numbered consecutively, and no costs shall be allowed for drawing or copying any affidavit not substantially in compliance with this rule, unless otherwise ordered by the Court or a Judge.
(3)  The affidavit shall conclude with a statement of the relief sought by the plaintiff or plaintiffs as, for instance, that some specified person should be declared duly returned or elected, or that the election should be declared void, as the case may be.
(4)  The following form, or one to the like effect, shall be sufficient:
 
"AFFIDAVIT
 
I .............................. of ................................................................................, Singapore (make oath) (affirm) and say as follows:
1.  I am a person who (voted) (had a right to vote) (claims to have had a right to be returned) (was a candidate) at the election held on the ....................... day of ............................., 20 ........., when ........................................... was a candidate.
2.  On the ................... day of ......................................., 20.........., the Returning Officer returned .................................. as being duly elected.
3.   (Here state the facts and grounds relied on in support of the application).
4.  I am therefore seeking a declaration (that the said .............................. was not duly elected or returned, and that the election was void) (that the said .................................... was duly elected and ought to have been returned, as the case may be).
*Sworn / *Affirmed at Singapore
 
this ........ day of ................ 20 ...........
 
 
 
 
 
Before me,
 
 
 
 
 
........................................
 
A Commissioner for Oaths.".
 
 
 
Evidence not to be stated in originating summons
6.  Evidence need not be stated in the originating summons by which the application under section 90 is made, but the Judge may, upon the defendant’s application by summons, order such particulars as may be necessary to prevent surprise and unnecessary expense, and to ensure a fair and effectual hearing upon such terms as to costs and otherwise as may be ordered.
Where more than one application is made in relation to same election
7.  Where more applications than one are made under section 90 relating to the same election or return, all the applications shall be dealt with as one application, so far as the inquiry into the same is concerned.
List of votes objected to where seat claimed by unsuccessful candidate
8.—(1)  When a plaintiff claims the seat for an unsuccessful candidate, alleging that he had a majority of lawful votes, the party complaining of or defending the election or return shall, 6 days before the day appointed for the hearing, file with the Registrar, and also at the address for service (if any) of the plaintiffs and defendants, as the case may be, a list of the votes intended to be objected to, and of the heads of objection to each such vote.
(2)  The Registrar shall allow inspection of office copies of the lists to all parties concerned.
(3)  No evidence shall be given against the validity of any vote, nor upon any head of objection not specified in the list, except by leave of the Judge, upon such terms as to amendment of the list, postponement of the inquiry, and payment of costs, as may be ordered.
List of objections in recriminatory case
9.—(1)  The defendant in an application under section 90 complaining of an undue return and claiming the seat for some person may lead evidence to prove that the election of the person was undue, and in that case the defendant shall, 6 days before the day appointed for the hearing, file with the Registrar, and also at the address for service (if any) of the plaintiff, a list of the objections to the election upon which he intends to rely.
(2)  The Registrar shall allow inspection of office copies of the lists to all parties concerned.
(3)  No evidence shall be given by a defendant of any objection to the election not specified in the list, except by leave of the Judge, upon such terms as to amendments of the list, postponement of the inquiry, and payments of costs, as may be ordered.
Appointment of solicitor by plaintiff
10.—(1)  The plaintiff or plaintiffs in an application under section 90 shall file at the office of the Registrar together with the application a written notice, signed by him or them, giving the name of an advocate and solicitor of the Supreme Court whom he or they authorise to act as his or their solicitor or stating that he or they act for himself or themselves, as the case may be, and in either case giving an address within Singapore at which notices may be left (referred to in these Rules as the address for service).
(2)  If no such written notice is filed or address for service given, then all notices may be given by leaving them at the office of the Registrar.
(3)  Every such written notice shall be stamped with the duty payable thereon under the law for the time being in force.
Appointment of solicitor by defendant
11.—(1)  Any person returned as a Member may, at any time, after he is returned, file at the office of the Registrar a written notice, signed by him on his behalf, appointing an advocate and solicitor of the Supreme Court to act as his solicitor in case there should be an application under section 90 against him, or stating that he intends to act for himself, and in either case giving an address within Singapore at which notices addressed to him may be left (referred to in these Rules as the address for service).
(2)  If no such written notice is filed or address for service given, all notices and proceedings may be given or served by leaving them at the office of the Registrar.
(3)  Every such written notice shall be stamped with the duty payable thereon under the law for the time being in force.
Registrar to keep book with addresses and names of solicitors
12.  The Registrar shall cause a book to be kept at his office in which shall be entered all addresses and the names of solicitors given under rule 10 or 11, which book shall be open to inspection by any person during the office hours of the Registrar.
Security by plaintiff for cost, etc., of application under section 90
13.—(1)  At the time of the filing of the application under section 90, or within 3 days afterwards, security for the payment of all costs, charges and expenses that may become payable by the plaintiff shall be given on behalf of the plaintiff.
(2)  The security shall be to an amount of not less than $5,000. If the number of charges in any application exceeds 3, additional security to an amount of $2,500 shall be given in respect of each charge in excess of the first 3.
(3)  The security required by this rule shall be given by a deposit of money.
(4)  If security required by this rule to be provided is not given by the plaintiff, no further proceedings shall be had on the application under section 90, and the defendant may apply by summons to the Judge for an order directing the dismissal of the application under section 90 and for the payment of the defendant’s costs.
(5)  The costs of hearing and deciding the defendant’s application under paragraph (4) shall be paid as ordered by the Judge, and in default of such order shall form part of the general costs of the application under section 90.
Security by deposit of money
14.—(1)  The deposit of money by way of security for payment of costs, charges and expenses payable by the plaintiff in an application under section 90 shall be made by payment to the Returning Officer which shall be vested in and drawn upon from time to time by the Chief Justice for the purposes for which security is required by these Rules.
(2)  A receipt shall be given by the Returning Officer for the deposit, which shall forthwith be filed at the office of the Registrar by the plaintiff.
(3)  The Registrar shall file the receipt and keep a book open to the inspection of all parties concerned, in which shall be entered from time to time the amount and the application under section 90 to which it is applicable.
Return of money so deposited
15.—(1)  Money so deposited shall, if and when the deposit is no longer needed for securing payment of such costs, charges and expenses, be returned or otherwise disposed of as justice may require by order of the Chief Justice.
(2)  Such order may be made after a notice of intention to apply and proof that all just claims have been satisfied or otherwise sufficiently provided for as the Chief Justice may require.
(3)  Such order may direct payment either to the party in whose name the money is deposited or to any person entitled to receive the money.
Service of notice and copy of application under section 90 on defendant
16.—(1)  Notice of the filing of an application under section 90, accompanied by a copy of that application and its supporting affidavit, shall, within 10 days of the filing of the application, be served by the plaintiff on the defendant.
(2)  Such service may be effected —
(a)
by delivering the notice and a copy each of the application and its supporting affidavit to the solicitor appointed by the defendant under rule 11;
(b)
by posting the notice and a copy of the application and its supporting affidavit in a registered letter to the address for service given under rule 11 at such time that, in the ordinary course of post, the letter would be delivered within the time mentioned in paragraph (1); or
(c)
if no solicitor has been appointed, nor any address for service given, by a notice published in the Gazette stating that an application under section 90 has been filed and that a copy each of that application and its supporting affidavit may be obtained by the defendant on application at the office of the Registrar.
When application under section 90 to be deemed at issue
17.  An application under section 90 shall be deemed to be at issue on the expiration of the time limited for the making of such applications.
List of applications under section 90
18.—(1)  The Registrar shall make out a list of applications under section 90.
(2)  The Registrar shall insert in the list —
(a)
the names of the solicitors of the plaintiffs and defendants appointed under rules 10 and 11, respectively; and
(b)
the addresses for service of the plaintiffs and defendants.
(3)  The list may be inspected at the office of the Registrar at any time during office hours, and shall be affixed for that purpose upon a notice board appropriated to proceedings under the Act, and headed “Parliamentary Elections Act (Chapter 218)”.
Time and place of hearing of application under section 90
19.  The time and place of the hearing of each application under section 90 shall be fixed by the Judge, and not less than 14 days’ notice thereof shall be given to the plaintiff and defendant by letter directed to the addresses of service of the plaintiff or defendant or, if no such addresses have been given, by notice in the Gazette.
Postponement of hearing
20.  The Judge may from time to time, by order made on the application of a party to the application under section 90, postpone the beginning of the hearing to such day as he may name; and the order, when made, shall forthwith be published by the Registrar in the Gazette.
Adjournment and continuation of hearing
21.—(1)  No formal adjournment of the Court for the hearing of an application under section 90 shall be necessary, but the hearing is to be deemed adjourned, and may be continued from day to day until the inquiry is concluded.
(2)  In the event of the Judge who begins the hearing being disabled by illness or otherwise, it may be recommenced and concluded by another Judge.
Withdrawal of application under section 90
22.—(1)  An application under section 90 shall not be withdrawn without the leave of the Judge; and such leave may be given upon such terms as to the payment of costs and otherwise as the Judge may think fit.
(2)  An application for withdrawal shall be made by summons supported by an affidavit.
(3)  Where there are more plaintiffs than one, no application for withdrawal shall be made except with the consent of all the plaintiffs.
Affidavits supporting application for withdrawal
23.—(1)  An application for withdrawal shall be supported by affidavits filed by all the parties to that application and their solicitors, and by the election agents of all the parties who were candidates at the election, except that the Judge may on cause shown dispense with the affidavit of any particular person if it appears to the Judge on special grounds to be just to do so.
(2)  Each affidavit shall state the grounds on which that application for withdrawal is made and —
(a)
that, to the best of the deponent’s knowledge and belief, no agreement or terms of any kind whatsoever has or have been made, and no undertaking has been entered into in relation to the withdrawal of the application under section 90; or
(b)
if any lawful agreement has been made with respect to the withdrawal of the application under section 90, that agreement.
Copy of application for withdrawal to be given to defendant
24.  A copy of an application for withdrawal and its supporting affidavits shall be served by the plaintiff on the defendant, and a notice in the following terms signed by the plaintiff shall be published forthwith in the Gazette by the plaintiff at his own expense:
 
 
In the application under section 90 for ........................................................... in which .......................... is plaintiff and ................................................. defendant.
 
Notice is hereby given that the above plaintiff did on the ........................ day of ................................................................................................................. file at the office of the Registrar of the Supreme Court an application for leave to withdraw the application under section 90, and set out below is a copy of the application for leave to withdraw:
 
(Set out the application here).
 
And Take Notice that under the Parliamentary Elections (Application for Avoidance of Election) Rules, any person who might have been a plaintiff in respect of the said election may, within 5 days after the date of publication of this notice, give notice, in writing to the Registrar of the Supreme Court of his intention on the hearing of the application to be substituted as a plaintiff in the application under section 90.
 
 
 
(Signed)
 
 
.......................................".
 
 
 
Application to be substituted as plaintiff on withdrawal
25.  Any person who might have been a plaintiff in respect of the election to which an application under section 90 relates may, within 5 days after the notice is published by the original plaintiff under rule 24, file a notice in writing, signed by him or on his behalf, with the Registrar, of his intention to apply at the hearing of the application for withdrawal to be substituted for the original a plaintiff, but the want of that notice shall not defeat the application for substitution, if in fact made at the hearing.
Time and place of hearing of application for withdrawal
26.—(1)  The time and place of hearing the application for withdrawal shall be fixed by the Judge but shall not be less than one week after the application for withdrawal has been filed at the office of the Registrar as in these Rules provided.
(2)  Notice of the time and place appointed for the hearing shall be given to such person (if any) as shall have given notice to the Registrar of an intention to apply to be substituted as plaintiff in the application under section 90, and otherwise in such manner and at such time as the Judge directs.
Substitution of another plaintiff
27.—(1)  On the hearing of the application for withdrawal, any person who might have been a plaintiff in respect of the election to which the application under section 90 relates, may apply to the Judge to be substituted as a plaintiff for the original plaintiff so desirous of withdrawing the application under section 90.
(2)  The Judge may, if he thinks fit, substitute for the original plaintiff any such person applying under paragraph (1) to be so substituted (referred to hereinafter as the substituted plaintiff); and may further, if the proposed withdrawal is in the opinion of the Judge induced by any corrupt bargain or consideration, by order direct that —
(a)
the security given on behalf of the original plaintiff shall remain as security for any costs that may be incurred by the substituted plaintiff; and
(b)
to the extent of the sum named in the security the original plaintiff shall be liable to pay the costs of the substituted plaintiff.
(3)  If no such order is made with respect to the security given on behalf of the original plaintiff, security to the same amount as would be required in the case of a new application under section 90, and subject to the like conditions, shall be given by or on behalf of the substituted plaintiff within 3 days after the order of substitution, and he shall proceed no further with the application under section 90 until the security is given.
(4)  Subject to paragraphs (1), (2) and (3), a substituted plaintiff shall stand in the same position as nearly as may be, and be subject to the same liabilities as the original plaintiff.
(5)  If an application under section 90 is withdrawn, the plaintiff shall be liable to pay the costs of the defendant.
Abatement of application under section 90 by death
28.—(1)  An application under section 90 shall be abated by the death of a sole plaintiff or of the survivor of several plaintiffs.
(2)  The abatement of an application under section 90 shall not affect the liability of the plaintiff or of any other person to the payment of costs previously incurred.
Application to be substituted as plaintiff, on abatement
29.—(1)  Notice of abatement of an application under section 90, by death of the plaintiff or surviving plaintiff, shall be given by the party or person interested in the same manner as notice of an application for withdrawal, and the time within which application may be made to a Judge to be substituted as a plaintiff in the application under section 90 shall be one calendar month, from the day of the publication of the notice of abatement or such further time as upon consideration of any special circumstances the Judge may allow.
(2)  Any person who might have been a plaintiff in respect of the election to which the application under section 90 relates may apply to the Judge to be substituted as a plaintiff therein.
(3)  The Judge may, if he thinks fit, substitute as a plaintiff in the application under section 90 any such applicant who is desirous of being substituted and on whose behalf security to the same amount is given as is required in the case of a new application under section 90.
On death, resignation, or notice not to oppose of defendant, application under section 90 to continue
30.—(1)  If before the hearing of an application under section 90 a defendant dies or resigns, or files a notice in writing with the Court that he does not intend to oppose the application, the application shall not be abated but shall continue whether or not any person applies to be admitted as defendant as hereinafter provided.
(2)  A defendant who does not intend to oppose the application under section 90 shall, not less than 6 days before the day appointed for hearing (exclusive of the day of filing the notice), file a written notice under his hand to that effect at the office of the Registrar.
(3)  Notice of the fact that a defendant has died, or resigned, or that he has filed a notice in writing that he does not intend to oppose the application under section 90, shall be published in the Gazette by the Registrar.
(4)  Any person who might have been a plaintiff in respect of the election to which the application under section 90 relates may apply to the Judge to be admitted as a defendant to oppose the application under section 90 within 10 days after the notice has been published in the Gazette or such further time as the Judge may allow.
Defendant not opposing application under section 90 not to appear as party
31.  A defendant who has given notice of his intention not to oppose an application under section 90 shall not be allowed to appear or act as a party against the application under section 90 in any proceedings thereon.
Countermanding notice of hearing where application under section 90 abated, etc.
32.—(1)  Upon receiving the plaintiff’s application for withdrawal, or notice of the defendant’s intention not to oppose, or of the abatement of the application under section 90 by death, or of the happening of any of the events mentioned in rule 30, if the application for withdrawal or the notice is received after notice of the hearing has been given, and before the hearing has commenced, the Registrar shall forthwith countermand the notice of the hearing.
(2)  The countermand shall be given in the same manner, as near as may be, as the notice of the hearing.
Costs
33.  All costs of and incidental to the making of an application under section 90 and to the proceedings consequent thereon shall be defrayed by the parties to the application in such manner and in such proportions as the Judge may determine, regard being had to —
(a)
the disallowance of any costs which may, in the opinion of the Judge, have been caused by vexatious conduct, unfounded allegations, or unfounded objections, on the part either of the plaintiff or the defendant; and
(b)
the discouragement of any needless expense by throwing the burden of defraying the costs of and incidental to the application under section 90 on the parties by whom it has been caused, whether the parties are or are not on the whole successful.
Taxation and recovery of costs
34.—(1)  Costs shall be taxed by the Registrar upon the order by which the costs are payable in the same manner as costs are taxed in the High Court, but subject to such express directions, either general or specific, as the Judge may give; and costs when taxed may be recovered in the same manner as the costs of an action at law.
(2)  The Chief Justice may direct that the whole or any part of any moneys deposited by way of security under rules 13 and 14 may be applied in the payment of taxed costs.
(3)  The office fees payable for inspection, office copies and other proceedings under these Rules shall be such as may be prescribed by the Chief Justice.
Notice of appointment of solicitor
35.  A solicitor shall, immediately upon his appointment as such, file written notice thereof at the office of the Registrar.
Service of notices on solicitors
36.  Service of notices and proceedings upon the solicitors shall be sufficient for all purposes.