On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 01/04/2006.
ORDER 63A
ELECTRONIC FILING AND SERVICE
1. In this Order —
“authentication code” means any identification or identifying code, password or any other authentication method or procedure which has been assigned by the Registrar for the purpose of identifying and authenticating the access to and use of the electronic filing service;
“electronic filing service” means the electronic filing service established under Rule 2;
“electronic transmission” means electronic transmission by a registered user using the computer system provided for this purpose by the network service provider;
“identification name” means the identification name assigned by the Registrar under Rule 6(1);
“network service provider” means a network service provider appointed by the Registrar, with the approval of the Chief Justice, under Rule 3;
“registered user” means a person who has been registered by the Registrar to gain access to and use the electronic filing service under Rule 5;
“service bureau” means a service bureau which the Registrar has authorised to be established in pursuance of Rule 4 for the purpose of assisting in the filing, service, delivery or conveyance of documents using the electronic filing service;
“specified documents” means documents which are specified in any practice directions for the time being issued by the Registrar as being documents which may be or must be filed in Court using the electronic filing service.
2. The Registrar may, with the approval of the Chief Justice, establish an electronic filing service and make provision for specified documents to be filed, served, delivered or otherwise conveyed using that service.
3. The electronic filing service shall be operated by a network service provider appointed by the Registrar with the approval of the Chief Justice.
4.
—(1) The Registrar may establish or appoint agents to establish a service bureau or service bureaux to assist in the filing, service, delivery or conveyance of documents using the electronic filing service.
(2) Any agent appointed by the Registrar in pursuance of paragraph (1) shall not be treated as such for the purposes of the acceptance of the payment of fees or service charges.
5.
—(1) Any person or entity may apply to the Registrar to be a registered user in accordance with any procedures and on payment of such fees as may be prescribed for such applications in any practice directions for the time being issued by the Registrar.
(2) The Registrar may allow a person or entity to become a registered user on such terms and with such restrictions pertaining to the electronic filing, service, delivery or conveyance of documents as he thinks fit.
(3) Before using the electronic filing service, the registered user shall —
(a)
enter into an agreement with the network service provider for the provision of the network service, and the necessary computer and communication equipment and software necessary to use the electronic filing service; and
(b)
make arrangements with the Registrar for the mode of payment of the applicable fees prescribed in these Rules.
(4) The Registrar may waive the application of paragraph (3), in whole or in part, in relation to such registered users or class of registered users as he thinks appropriate.
6.
—(1) Before using the electronic filing service, the registered user shall apply to the Registrar for one or more identification names and authentication codes to be assigned to him or his authorised agent.
(2) The registered user or his authorised agent shall register his particulars with the Registrar and acknowledge in writing safe receipt of the identification name and authentication code assigned to him by the Registrar.
(3) The registered user or his authorised agent shall inform the Registrar in writing of any change in particulars.
(4) When the authority of an authorised agent is revoked or terminated, the registered user shall immediately request the Registrar in writing to cancel the identification name and authentication code of that authorised agent in the manner specified in practice directions for the time being issued by the Registrar.
7. The registered user or his authorised agent shall ensure the confidentiality and security of his authentication code and shall not —
(a)
divulge his authentication code to any other person; or
(b)
permit any other person to use his authentication code.
8.
—(1) Where a specified document is required to be filed with, served on, delivered or otherwise conveyed to the Registrar under any other provision of these Rules, it must be so filed, served, delivered or otherwise conveyed using the electronic filing service in accordance with this Order and any practice directions for the time being issued by the Registrar.
(1A) For the purpose of paragraph (1), any requirement for the filing, service, delivery or otherwise conveyance of a specified document is satisfied by the filing, service, delivery or otherwise conveyance of a single copy using the electronic filing service in accordance with this Order.
(2) Filing, service, delivery or conveyance of a specified document using the electronic filing service in pursuance of paragraph (1) may be done in one of 2 ways —
(a)
by electronic transmission; or
(b)
via a service bureau.
(3) Notwithstanding anything in paragraph (1), the Registrar may allow a document, part of a document or any class of documents to be filed, served, delivered or otherwise conveyed other than by using the electronic filing service.
(4) The form of any specified document shall be as prescribed in any practice directions for the time being issued by the Registrar, and shall, in the absence of such prescription, be in the form prescribed by Order 1, Rule 7.
9. Where a specified document is filed, served, delivered or otherwise conveyed using the electronic filing service, any requirement under any other provision of these Rules relating to signing by or the signature of —
(a)
the registered user, shall be deemed to be complied with if the identification name and authentication code of the registered user has been applied to the document or the transmission containing the document;
(b)
the Registrar, shall be deemed to be complied with if the identification name and authentication code of the Registrar has been applied to the document or the transmission containing the document, or a facsimile of the Registrar’s signature is reproduced in the document.
10.
—(1) Where a document is filed with, served on, delivered or otherwise conveyed to the Registrar using the electronic filing service and is subsequently accepted by the Registrar, it shall be deemed to be filed, served, delivered or conveyed —
(a)
where the document is filed, served, delivered or conveyed by electronic transmission, on the date and at the time that the first part of the transmission is received in the computer account of the network service provider;
(b)
where the document is filed, served, delivered or conveyed via a service bureau, on the date and at the time that the first part of the transmission is received in the computer account of the Registrar.
(1A) Paragraph (1) shall not apply to the following documents:
(a)
a Request4 for a caveat against the issue of a warrant to arrest the property filed pursuant to Order 70, Rule 5;
(b)
a Request4 for a caveat against the issue of a release and payment out of Court filed pursuant to Order 70, Rule 13;
(c)
a caveat entered pursuant to Order 71, Rule 37.
(1B) Where a document to which paragraph (1A) applies is filed with, served on, delivered or otherwise conveyed to the Registrar using the electronic filing service and is subsequently accepted by the Registrar, it shall be deemed to be filed, served, delivered or conveyed —
(a)
where the document is filed, served, delivered or conveyed by electronic transmission, on the date and at the time that the Registrar accepts the document, as reflected in the computer account of the Registrar;
(b)
where the document is filed, served, delivered or conveyed via a service bureau, on the date and at the time that the Registrar accepts the document, as reflected in the computer account of the Registrar.
Where an originating process is filed or otherwise conveyed using the electronic filing service and it is subsequently accepted by the Registrar, it shall be deemed to be issued —
(a)
where the document is filed or conveyed by electronic transmission, on the date and at the time that the first part of the transmission is received in the computer account of the network service provider;
(b)
where the document is filed or conveyed via a service bureau, on the date and at the time that the first part of the transmission is received in the computer account of the Registrar.
(3) The registered user may produce a record of the transmission issued by the network service provider or the service bureau, as the case may be, together with a copy of the notification of acceptance of the document by the Registrar as evidence of —
(a)
the filing or issuance of an originating process;
(b)
the filing, service, delivery or conveyance of any other document; or
(c)
the date and time either or both of these events took place.
(4) If the Registrar is satisfied for any reason that a specified document should be treated as having been filed with, served on, delivered or otherwise conveyed to the Registrar, or issued, at some earlier date and time, than the date and time provided for under paragraph (1), (1B) or (2), he may cause the electronic filing service to reflect such earlier date and time, and that earlier date and time shall be deemed for all purposes to be the date and time on and at which the document was filed, served, delivered, conveyed or issued, as the case may be.
11.
—(1) Where a document is filed with, served on, delivered or otherwise conveyed to the Registrar by electronic transmission, the time for service of that document shall only begin to run from the time that the Registrar’s notification of his acceptance of the document is received in the computer account of that registered user.
(2) Where a document is filed with or otherwise conveyed to the Registrar via a service bureau, the time for service of that document shall only begin to run from the time that the Registrar’s notification of his acceptance of the document is received by the service bureau.
(3) If the Registrar’s notification referred to in paragraphs (1) and (2) is received in the computer account or the service bureau respectively on a day other than a working day, it shall be deemed for the purpose of this Rule to have been received on the next working day.
12.
—(1) If a specified document —
(a)
other than a document which is required by these Rules to be served personally; or
(b)
being a document which is required by these Rules to be served personally and which the party to be served has agreed may be served using the electronic filing service,
is required under any other provision of these Rules to be served, delivered or otherwise conveyed by a person to any other person and that person is a registered user or is represented by a solicitor who is a registered user (referred to in this Rule as the person on whom the document is served), such service, delivery or conveyance may be effected by using the electronic filing service by electronic transmission or via a service bureau.
(2) The document shall be deemed to be served, delivered or otherwise conveyed on the date and at the time that the first part of the transmission is received in the computer account of the network service provider unless evidence to the contrary is adduced.
(3) The person serving the document may produce a record of the service, delivery or conveyance to the person on whom the document is served which is issued by the network service provider or the service bureau as evidence of the service, delivery or conveyance, as well as the date and time of such service, delivery or conveyance.
(4) The person serving the document may file a Registrar’s certificate of service issued through the network service provider or the service bureau in lieu of an affidavit of service and the certificate shall be regarded as prima facie evidence of such service, delivery or conveyance on the date and at the time as stated.
(5) Where a specified document has to be served, delivered or conveyed by the person serving the document to more than one person, he may effect such service, delivery or conveyance using the electronic filing service on such of those persons who are registered users, and paragraphs (1), (2), (3) and (4) of this Rule shall apply with such modifications as are necessary.
(6) Order 62, Rule 8 shall apply to service effected under this Rule.
13. Where the Registrar is required by any other provision of these Rules to notify or to deliver or furnish any document to a person who is a registered user, the Registrar may do so using the electronic filing service.
14. Amendments to specified documents shall be effected in the manner prescribed in any practice directions for the time being issued by the Registrar.
15.
—(1) Affidavits which are filed in Court using the electronic filing service may be used in all proceedings to the same extent and for the same purposes as paper affidavits filed in Court.
(2) An affidavit to be filed in Court using the electronic filing service may be sworn in one of two ways —
(a)
electronically; or
(b)
in the usual way in which the deponent signs the original paper affidavit.
(3) An affidavit may be sworn electronically if —
(a)
the person before whom the affidavit to be sworn is at that time —
(i)
a registered user; and
(ii)
a person having authority to administer oaths;
(b)
the person referred to in sub-paragraph (a) uses an attestation6 prescribed in a practice direction for the time being issued by the Registrar for the swearing of affidavits by electronic means;
(c)
the affidavit is affixed or encoded with the identification name and authentication code of the person referred to in sub-paragraph (a);
(d)
the swearing of the affidavit by electronic means is recorded in a register kept by the person referred to in sub-paragraph (a), and the deponent signs under his own hand in this register against the affidavit he has sworn; and
(e)
the affidavit has not been altered in any way since it was sworn.
Where an affidavit, which is not sworn electronically, is to be filed in Court using the electronic filing service, it shall comply with the following requirements:
(a)
the affidavit must be sworn in the usual way in which the deponent signs the original paper affidavit;
(b)
a true and complete electronic image of the original paper affidavit must be created; and
(c)
the original paper affidavit must be retained by the party who filed it for a period of 7 years after it is filed.
(5) An affidavit in an electronic form which complies with paragraph (3) but which does not comply fully with the provisions of Order 41 may nonetheless be used in evidence to the same extent and for the same purposes as an affidavit which fully complies with the provisions of Order 41 if its non-compliance with Order 41 falls within some or all of the following descriptions:
(a)
the affidavit is not signed by the deponent thereof;
(b)
alterations and erasures have not been signed or initialled by the person before whom the affidavit was sworn; or
(c)
the attestation6 is not in one of the forms in Form 78.
(6) Notwithstanding paragraph (4)(c), if the original paper affidavit subsequently becomes unavailable within 7 years after it was filed, the court may grant leave for the electronic image of the original paper affidavit filed in Court using the electronic filing service to be continued to be used in the proceedings for which it was filed, or in any other proceedings.
(7) If an affidavit which has been sworn electronically in compliance with paragraph (3) subsequently cannot be retrieved from the computer system of the Court for any reason, the contents of the affidavit and the fact that it was sworn by the deponent thereof may be proved by producing a copy of the paper affidavit that has been certified as a true copy by an officer of the court.
16.
—(1) If a certificate within the meaning of section 2 of the Electronic Transactions Act (Chapter 88) is issued by the Registrar in respect of any registered user or his authorised agent, and was accepted by the registered user or his authorised agent, as the case may be, it shall be presumed unless proven otherwise that the information listed in the certificate is correct.
(2) Where a document is transmitted to the computer account of the Registrar and the authentication code assigned to a registered user or his authorised agent was affixed to the document or the transmission containing the document —
(a)
with or without the authority of the registered user; and
(b)
before the notification to the Registrar, in the manner specified in any practice direction for the time being issued by the Registrar, of cancellation of the authentication code,
it shall be presumed unless proven otherwise that —
(i)
the document has not been altered since the authentication code was affixed;
(ii)
the document was transmitted accurately;
(iii)
the document was made and transmitted by the registered user or his authorised agent, as the case may be; and
(iv)
the authentication code was affixed or applied to a document or the transmission containing a document, as the case may be, with the intention of signing or approving the document.
(3) Where a document is filed, served, delivered or conveyed using the electronic filing service via a service bureau, and it is proved that —
(a)
the document so filed, served, delivered or conveyed was affixed with the authentication code assigned to a member of the personnel of the service bureau, or the transmission containing the document was so affixed with this authentication code;
(b)
reasonable steps were taken by the personnel of the service bureau to verify and record the identity of the person tendering the document to the service bureau;
(c)
reasonable steps were taken by the personnel of the service bureau to verify and record that the person tendering the document represented the person, if any, on whose behalf he purported to tender the document;
(d)
reasonable steps were taken by the personnel of the service bureau to verify and record the service required by the person tendering the document; and
(e)
the document was filed, served, delivered or otherwise conveyed using the electronic filing service in the name of the person recorded by the personnel of the service bureau and in accordance with the instructions recorded by the personnel of the service bureau,
it shall be presumed unless proven otherwise that —
(i)
the authentication code was duly affixed or applied to the transmission containing the document; and
(ii)
the document was made and transmitted by the service bureau for and on behalf of, and with the authority of, the person tendering the document and the person, if any, he purported to represent.
(4) A certificate under the hand of the Registrar giving the authentication code, identification name and other particulars of the registered user and a description of the document transmitted shall be sufficient evidence of the matters referred to in paragraph (2)(a) and (b).
17. Where a specified document was filed using the electronic filing service, and there is any inconsistency between —
(a)
the information entered into the electronic template of the document or of the transmission containing the document; and
(b)
the information contained in the document,
the information in the electronic template shall prevail.
18.
—(1) A registered user or his authorised agent who has been registered by the Registrar of the Supreme Court, and for this purpose has been issued with an identification name and an authentication code, shall be treated for the purposes of this Order as if he had also been registered, and had similarly been issued with an identification name and an authentication code, by the Registrar of the Subordinate Courts.
(2) A registered user or his authorised agent who has been registered by the Registrar of the Subordinate Courts, and for this purpose has been issued with an identification name and an authentication code, shall be treated for the purposes of this Order as if he had also been registered, and had similarly been issued with an identification name and an authentication code, by the Registrar of the Supreme Court.
(3) A service bureau established or authorised to be established by the Registrar of the Supreme Court under Rule 4 may be used to assist in the filing, service, delivery or conveyance of documents pertaining to Subordinate Courts proceedings using the electronic filing service in such cases and circumstances as the Registrar of the Subordinate Courts may prescribe in practice directions issued from time to time.
(4) A service bureau established or authorised to be established by the Registrar of the Subordinate Courts under Rule 4 may be used to assist in the filing, service, delivery or conveyance of documents pertaining to Supreme Court proceedings using the electronic filing service in such cases and circumstances as the Registrar of the Supreme Court may prescribe in practice directions issued from time to time.