On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
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ORDER 93
SECURITIES AND FUTURES ACT
CIVIL LIABILITY ACTIONS
1.
—(1) In this Order —
“Act” means the Securities and Futures Act (Chapter 289) and any reference to a section shall be construed as a reference to a section in the Act;
“Authority” means the Monetary Authority of Singapore established under section 3 of the Monetary Authority of Singapore Act (Chapter 186);
“claimant” has the same meaning as in section 234 (1);
“contravening person” has the same meaning as in section 234 (1).
(2) These Rules apply to proceedings under sections 234, 235 and 236, subject to the following Rules of this Order.
2.
—(1) An action under section 234 shall be commenced by writ.
(2) Every application for leave of the Court under section 235 (1) to commence an action under section 234 shall be made by originating summons, naming as the defendant therein the contravening person.
(3) Order 28 shall, unless expressly modified herein, apply to every originating summons under this Rule.
(4) The application under paragraph (2) shall be supported by an affidavit setting out —
(a)
particulars of the securities, futures contract or contract or arrangement in connection with the leveraged foreign exchange trading transaction in question;
(b)
circumstances leading to the entering into of the transaction in question;
(c)
circumstances leading to the loss suffered;
(d)
particulars of the loss suffered; and
(e)
the grounds on which the application is made.
(5) The application under paragraph (2) and supporting affidavit under paragraph (4) shall in the first instance be served only on the contravening person; but the Court may direct the application and supporting affidavit to be served on any other person appearing to be interested.
(6) [Deleted by S 806/2005]
(7) An application for leave of the Court to continue an action under section 234 which has been stayed under section 235 (2) shall be made by summons in the stayed action and supported by an affidavit stating the grounds of the application.
(8) The application and supporting affidavit shall in the first instance be served only on the defendant; but the Court may direct the application and supporting affidavit to be served on any other person appearing to be interested.
3.
—(1) A claimant seeking compensation from a contravening person —
(a)
convicted for a contravention of any provision of Part XII of the Act; or
(b)
against whom an order for a civil penalty is made under section 232 (other than a consent order under section 232 (4)) for such a contravention,
may apply to the Court for directions on claims for compensation in respect of that contravention, and the Court may, subject to section 236 (2), fix a return date for hearing the application.
(2) An application under paragraph (1) shall not be made before the conviction or the order making the civil penalty has been made final in accordance with section 236 (4) or (5).
(3) Every application under paragraph (1) shall be made by originating summons.
(4) Order 28 shall, unless expressly modified herein, apply to every originating summons under this Rule.
(5) [Deleted by S 806/2005]
(6) Unless the Court otherwise orders, the application must be served personally at least 28 clear days or such longer time as the Court may direct before the return date, on the contravening person.
(7) Every application shall be advertised in Form 226 at least 21 clear days or such longer time as the Court may direct before the return date of the application, at least once in one English and one Chinese local daily newspaper or in such other newspaper as the Court may direct.
(8) The advertisement shall state the day on which the application was filed and the name and address of the applicant and of his solicitor.
(9) If the claimant making the application or his solicitor does not comply with paragraph (6), (7) or (8), the appointment of the time and place at which the application is to be heard shall be cancelled by the Court and the application shall be deemed dismissed, unless the Court otherwise directs.
4.
—(1) At least 7 clear days before the return date of the application under Rule 3(1), each claimant desiring to claim compensation against the contravening person under section 236 in respect of the same contravention for which the contravening person has been convicted or had a civil penalty order under section 232 made against him, must state his claim by filing an affidavit in accordance with paragraph (2).
(2) The affidavit shall be supported by the relevant exhibits, and must explain the grounds on which the claimant’s claim is made, including:
(a)
particulars of the securities, futures contract or contract or arrangement in connection with the leveraged foreign exchange trading transaction in question;
(b)
circumstances leading to the entering into of the transaction in question;
(c)
circumstances leading to the loss suffered; and
(d)
particulars of the loss suffered.
(3) Without limiting the generality of paragraph (2), the exhibits may include —
(a)
trade notes or slips;
(b)
statements of accounts for the relevant period; and
(c)
copies of instructions given to a broker or remisier.
(4) Every claimant shall serve on the contravening person a copy of the affidavit within 3 days of the filing of the same.
5.
—(1) Without affecting the generality of Order 28, Rules 4, 5, 8, 9, 10 and 11, where, on the hearing of an application made under Rule 3(1), all the persons on whom the application has been served and all claimants who have filed their affidavits of claim appear, the Court may give such directions or make such orders as to the further conduct of the proceedings as it thinks best adapted to secure the just, expeditious and economical disposal thereof, including directions or orders —
(a)
for the filing of such further affidavit as the Court considers necessary;
(b)
on the manner in which proceedings shall be instituted by the claimants against the defendant;
(c)
that an issue between the claimants and the defendant be stated and tried;
(d)
that the matter be adjourned;
(e)
that further advertisements be made in addition to that required under Rule 3(8) in the manner required by the Court;
(f)
for the substitution of the claimant making the application with another claimant;
(g)
that the application be dismissed.
(2) Where a contravening person, having been duly served with the application under Rule 3 does not appear on the hearing of the application or, having appeared, fails or refuses to comply with an order made in the proceedings, the Court may make such order as it deems appropriate against the contravening person.
(3) Where a claimant having filed an affidavit of claim under Rule 4 does not appear on the hearing of the application or, having appeared, fails or refuses to comply with an order made in the proceedings, the Court may make an order declaring the claimant, and all persons claiming under him, forever barred from bringing any claim against the contravening person.
6. Subject to Rules 1 to 5, the Court may in or for the purposes of any proceedings herein, make such order as to costs or any other matter as it thinks just.
7.
—(1) Order 35 shall apply, with necessary modifications, to the trial of an issue stated under Rule 5(1)(c) as it applies to the trial of an action.
(2) The Court by whom an issue stated is tried may give such judgment or make such order as finally to dispose of all questions arising in the proceedings to try the issues stated.