On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 01/04/2006.
ORDER 11
SERVICE OF PROCESS OUT OF SINGAPORE
1. Provided that the originating process does not contain any claim mentioned in Order 70, Rule 3(1), service of an originating process out of Singapore is permissible with the leave of the Court if in the action —
(a)
relief is sought against a person who is domiciled, ordinarily resident, carrying on business or who has property in Singapore;
(b)
an injunction is sought ordering the defendant to do or refrain from doing anything in Singapore (whether or not damages are also claimed in respect of a failure to do or the doing of that thing);
(c)
the claim is brought against a person duly served in or out of Singapore and a person out of Singapore is a necessary or proper party thereto;
(d)
the claim is brought to enforce, rescind, dissolve, annul or otherwise affect a contract, or to recover damages or obtain other relief in respect of the breach of a contract, being (in either case) a contract which —
(i)
was made in Singapore, or was made as a result of an essential step being taken in Singapore;
(ii)
was made by or through an agent trading or residing in Singapore on behalf of a principal trading or residing out of Singapore;
(iii)
is by its terms, or by implication, governed by the law of Singapore; or
(iv)
contains a term to the effect that that Court shall have jurisdiction to hear and determine any action in respect of the contract;
(e)
the claim is brought in respect of a breach committed in Singapore of a contract made in or out of Singapore and irrespective of the fact, if such be the case, that the breach was preceded or accompanied by a breach committed out of Singapore that rendered impossible the performance of so much of the contract as ought to have been performed in Singapore;
(f)
(i)
the claim is founded on a tort, wherever committed, which is constituted, at least in part, by an act or omission occurring in Singapore; or
(ii)
the claim is wholly or partly founded on, or is for the recovery of damages in respect of, damage suffered in Singapore caused by a tortious act or omission wherever occurring;
(g)
the whole subject-matter is immovable property situate in Singapore (with or without rents or profits) or the perpetuation of testimony relating to immovable property so situate;
(h)
the claim is brought to construe, rectify, set aside or enforce an act, deed, will, contract, obligation or liability affecting immovable property situate in Singapore;
(i)
the claim is made for a debt secured on immovable property or is made to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property, situate in Singapore;
(j)
the claim is brought to execute the trusts of a written instrument, being trusts that ought to be executed according to the law of Singapore and of which the person to be served with the originating process is a trustee, or for any relief or remedy which might be obtained in any such action;
(k)
the claim is made for the administration of the estate of a person who died domiciled in Singapore or for any relief or remedy which might be obtained in any such action;
(l)
the claim is brought in a probate action within the meaning of Order 72;
(m)
the claim is brought to enforce any judgment or arbitral award, or any adjudication determination within the meaning of the Building and Construction Industry Security of Payment Act (Chapter 30B);
(n)
the claim is made under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Chapter 65A), the Terrorism (Suppression of Financing) Act (Chapter 325) or any other written law;
(o)
the claim is a restitutionary one (including a claim for quantum meruit or quantum valebat) or for an account or other relief against the defendant as trustee or fiduciary, and the defendant’s alleged liability arises out of any act done, whether by him or otherwise, in Singapore;
(p)
the claim is founded on a cause of action arising in Singapore;
(q)
the claim is for a contribution or an indemnity in respect of a liability enforceable by proceedings in Singapore;
(r)
the claim is in respect of matters in which the defendant has submitted or agreed to submit to the jurisdiction of the Court; or
(s)
the claim concerns the construction, effect or enforcement of any written law.
2.
—(1) An application for the grant of leave under Rule 1 must be made by ex parte summons supported by an affidavit in Form 7 stating —
(a)
the grounds on which the application is made;
(b)
that in the deponent’s belief the plaintiff has a good cause of action;
(c)
in what place or country the defendant is, or probably may be found;
(d)
where the application is made under Rule 1(c), the grounds for the deponent’s belief that there is between the plaintiff and the person on whom an originating process has been served a real issue which the plaintiff may reasonably ask the Court to try; and
(e)
whether it is necessary to extend the validity of the writ.
(2) No such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of Singapore under this Order.
(3) An order granting leave under Rule 1 shall be in Form 8 and shall allow the defendant 21 days to enter an appearance unless the Court otherwise orders or any written law provides.
3.
—(1) Subject to paragraphs (2) to (8), Order 10, Rule 1, and Order 62, Rule 5, shall apply in relation to the service of an originating process out of Singapore.
(2) Nothing in this Rule or in any order or direction of the Court made by virtue of it shall authorise or require the doing of anything in a country in which service is to be effected which is contrary to the law of that country.
(3) An originating process which is to be served out of Singapore need not be served personally on the person required to be served so long as it is served on him in accordance with the law of the country in which service is effected.
(4) Where a certificate under this Rule is produced in relation to the service of an originating process in accordance with Rule 4 or 7, Order 10, Rule 1(4), shall not apply in relation to that service.
(5) An official certificate stating that an originating process as regards which Rule 4 has been complied with has been served on a person personally, or in accordance with the law of the country in which service was effected, on a specified date, being a certificate —
(a)
by a Singapore consular authority in that country;
(b)
by the government or judicial authorities of that country; or
(c)
by any other authority designated in respect of that country, under the Hague Convention,
shall be evidence of the facts so stated.
(6) An official certificate by the Minister stating that an originating process has been duly served on a specified date in accordance with a request made under Rule 5 shall be evidence of that fact.
(7) A document purporting to be such a certificate as is mentioned in paragraph (4) or (5) shall, until the contrary is proved, be deemed to be such a certificate.
(8) Where the defendant is in Malaysia or Brunei Darussalam, the originating process —
(a)
may be served in accordance with Rule 4; or
(b)
may be sent by post or otherwise by the Registrar to the Magistrate, Registrar or other appropriate officer of any court exercising civil jurisdiction in the area in which the person to be served is said to be or to be carrying on business for service on the defendant, and if it is returned with an endorsement of service and with an affidavit of such service, it shall be deemed to have been duly served.
Service of originating process abroad through foreign governments, judicial authorities and Singapore consuls or by other method of service (O. 11, r. 4)
4.
—(1) Where in accordance with these Rules an originating process is to be served on a defendant in any country with respect to which there subsists a Civil Procedure Convention providing for service in that country of process of the High Court, the originating process may be served —
(a)
through the judicial authorities of that country; or
(b)
through a Singapore consular authority in that country (subject to any provision of the convention as to the nationality of persons who may be so served).
(2) Where in accordance with these Rules an originating process is to be served on a defendant in any country with respect to which there does not subsist a Civil Procedure Convention providing for service in that country of process of the High Court, the originating process may be served —
(a)
through the government of that country, where that government is willing to effect service;
(b)
through a Singapore consular authority in that country, except where service through such an authority is contrary to the law of that country; or
(c)
by a method of service authorised by the law of that country for service of any originating process issued by that country.
(3) Where a person wishes to serve an originating process in any country —
(a)
through the judicial authorities of that country under paragraph (1);
(b)
through a Singapore consular authority under paragraph (1) or (2); or
(c)
through the government of that country under paragraph (2),
that person must file in the Registry a request in Form 9 for service of the originating process by that method, together with a copy of the originating process and an additional sealed copy thereof for each person to be served.
(4) Every copy of an originating process served pursuant to paragraph (2)(c) or filed under paragraph (3) must be accompanied by a translation of the originating process in the official language of the country in which service is to be effected or, if there is more than one official language of that country, in any of those languages which is appropriate to the place in that country where service is to be effected:
Provided that this paragraph shall not apply in relation to a copy of an originating process which is to be served in a country the official language of which is, or the official languages of which include, English, or is to be served in any country by a Singapore consular authority on a Singapore citizen, unless the service is to be effected under paragraph (1) and the Civil Procedure Convention with respect to that country expressly requires the copy to be accompanied by a translation.
(5) Every translation served or filed under paragraph (4) must be certified by the person making it to be a correct translation; and the certificate must contain a statement of that person’s full name, of his address and of his qualifications for making the translation.
(6) Documents duly filed under paragraph (3) shall be sent by the Registrar to the Permanent Secretary to the Ministry of Foreign Affairs with a request that he arrange for the originating process to be served by the method indicated in the request filed under paragraph (3) or, where alternative methods are so indicated, by such one of those methods as is most convenient.
5.
—(1) Where a person to whom leave has been granted under Rule 2 to serve an originating process on a High Contracting Party to the Warsaw Convention, being an originating process beginning an action to enforce a claim in respect of carriage undertaken by that Party, wishes to have the originating process served on that Party, he must file in the Registry —
(a)
a request for service to be arranged by the Minister;
(b)
a sealed copy of the originating process; and
(c)
except where the official language of the High Contracting Party is, or the official languages of that Party include, English, a translation of the originating process in the official language or one of the official languages of the High Contracting Party.
(2) Rule 4(5) shall apply in relation to a translation filed under paragraph (1) as it applies in relation to a translation filed under Rule 4(4).
(3) Documents duly filed under this Rule shall be sent by the Registrar to the Permanent Secretary to the Ministry of Foreign Affairs with a request that he arrange for the originating process to be served on the High Contracting Party or the government in question, as the case may be.
6. Every request filed under Rule 4(3) or 5 must contain an undertaking by the person making the request to be responsible personally for all expenses incurred by the Minister in respect of the service requested and, on receiving due notification of the amount of those expenses, to pay that amount to the office of the said Minister and to produce a receipt for the payment to the proper officer in the Registry.
7.
—(1) Subject to paragraph (2) where a person to whom leave has been granted under Rule 2 to serve an originating process on a State, as defined in section 16 of the State Immunity Act (Chapter 313), wishes to have the originating process served on that State, he must file in the Registry —
(a)
a request for service to be arranged by the Permanent Secretary to the Ministry of Foreign Affairs;
(b)
a sealed copy of the originating process; and
(c)
except where the official language of the State is, or the official languages of that State include, English, a translation of the originating process in the official language or one of the official languages of the State.
(2) Rule 4(5) shall apply in relation to a translation filed under paragraph (1) as it applies in relation to a translation filed under Rule 4(4).
(3) Documents duly filed under this Rule shall be sent by the Registrar to the Permanent Secretary to the Ministry of Foreign Affairs with a request that he arrange for the originating process to be served on the State or the government in question, as the case may be.
(4) Where section 14(6) of the State Immunity Act applies and the State has agreed to a method of service other than that provided by this Rule, the originating process may be either by the method agreed or in accordance with this Rule.
8.
—(1) Subject to Order 69, Rule 5, service out of Singapore of any summons, notice or order issued, given or made in any proceedings is permissible only with the leave of the Court but leave shall not be required in any proceedings in which leave for service of the originating process has already been granted.
(2) Rule 2 shall, so far as applicable, apply in relation to an application for the grant of leave under this Rule.
(3) Rules 3, 4 and 6 shall apply in relation to any document for the service of which out of Singapore leave has been granted under this Rule as they apply in relation to an originating process.
9.
—(1) An originating process issued in the Subordinate Courts which is to be served out of Singapore in a country, other than Malaysia or Brunei Darussalam, shall be sent by the Registrar of the Subordinate Courts to the Registrar of the Supreme Court and shall be served in accordance with these Rules relating to the service out of Singapore of an originating process issued in the Supreme Court.
(2) Every certificate of service received by the Registrar of the Supreme Court in respect of such service shall be transmitted by him to the Registrar of the Subordinate Courts.