PART III
THE HIGH COURT
General
Constitution of High Court
9.
The
High Court shall consist of —(a)
the Chief Justice; and
(b)
the Judges of the High Court.
[9A
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Proceedings in High Court to be disposed of by single
Judge
10.
—(1)
Every
proceeding in the High Court and all business arising thereout shall,
except as otherwise provided by any written law for the time being
in force, be heard and disposed of before a single Judge.
(2)
A Judge may, subject to Rules of Court,
exercise in court or in chambers all or any part of the jurisdiction
vested in the High Court, in all such causes and matters and in
all such proceedings in any causes or matters as might immediately
before 9th January 1970 have been heard in court or in chambers
respectively by a single Judge, or as may be directed or authorised
to be so heard by Rules of Court for the time being in force.
(3)
A Judge of Appeal may sit in the High
Court and act as a Judge thereof whenever the business of the High
Court so requires, in which case he shall have all the jurisdiction,
powers and privileges of such a Judge.
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(4)
If a Judge reserves judgment in any
proceedings and his appointment as a Judge expires or is terminated
before his judgment is delivered, he shall have power to deliver
judgment in respect of those proceedings, notwithstanding that his
appointment as a Judge has expired or has been terminated.
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Assessors to assist High Court
10A.
—(1)
In
any proceedings before the High Court, the Court may, if it thinks
fit on the application of any party, or on its own motion, summon
to its assistance, in such manner as may be prescribed by Rules
of Court, one or more persons of skill and experience in the matter
to which the proceedings relate who may be willing to sit with the
Court and act as assessors.
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(2)
Subject to subsection (3), the remuneration
of assessors for sitting under this section shall be at such rate
as may be prescribed by Rules of Court and shall be costs in the
proceedings unless otherwise ordered by the High Court.
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(3)
Where one or more assessors are summoned
for the purposes of this section otherwise than on the application
of a party to the proceedings, the remuneration of any such assessor
shall be payable out of moneys provided by Parliament.
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(4)
Where any person is proposed to be
summoned as an assessor, objection to him, either personally or
in respect of his qualification, may be taken by any party in the prescribed
manner.
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When High Court is open
10B.
—(1)
Subject
to subsection (2), the High Court shall sit on every day of the year
except on Saturdays, Sundays and public holidays.
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(2)
Notwithstanding
subsection (1), a Judge may lawfully sit on a Saturday, Sunday or public
holiday or during a vacation prescribed under section 12 if —(a)
the Chief Justice has directed the
Judge to sit on that day or during that vacation; or
(b)
in the opinion of the Judge, the business
to be despatched is extremely urgent.
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Sittings of High Court and distribution of business
11.
—(1)
The
High Court shall sit at such times and at such places as the Chief
Justice shall from time to time appoint.
(2)
The distribution of business among
the several Judges shall be made in accordance with such directions,
which may be of a general or a particular nature, as may be given
by the Chief Justice.
Vacations
12.
The
Chief Justice may make such regulations as he thinks fit as to vacations
of the Supreme Court not exceeding 2 months in any calendar year.
Writs of execution
13.
A
judgment of the High Court for the payment of money to any person
or into court may be enforced by a writ, to be called a writ of
seizure and sale, under which all the property, movable or immovable,
of whatever description, of a judgment debtor may be seized, except —(a)
the wearing apparel and bedding of
the judgment debtor or his family, and the tools and implements
of his trade, when the value of such apparel, bedding, tools and
implements does not exceed $1,000;
(b)
tools of artisans, and, where the
judgment debtor is an agriculturist, his implements of husbandry
and such animals and seed-grain or produce as may in the opinion
of the court be necessary to enable him to earn his livelihood as
such;
(c)
the wages or salary of the judgment
debtor;
(d)
any pension, gratuity or allowance
granted by the Government; and
(e)
the share of the judgment debtor in
a partnership, as to which the judgment creditor is entitled to
proceed to obtain a charge under any provision of any written law
relating to partnership.
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Execution of deed or indorsement of negotiable instrument
14.
—(1)
If
a judgment or order is for the execution of a deed, or signing of
a document, or for the indorsement of a negotiable instrument, and
the party ordered to execute, sign or indorse such instrument is
absent, or neglects or refuses to do so, any party interested in
having the same executed, signed or indorsed, may prepare a deed,
or document, or indorsement of the instrument in accordance with
the terms of the judgment or order, and tender the same to the court
for execution upon the proper stamp, if any is required by law,
and the signature thereof by the Registrar, by order of the court,
shall have the same effect as the execution, signing or indorsement
thereof by the party ordered to execute.
(2)
Nothing in this section shall be held
to abridge the powers of the court to proceed by attachment against
any person neglecting or refusing to execute, sign or indorse any
such instrument.
Original Jurisdiction
Criminal jurisdiction
15.
—(1)
The
High Court shall have jurisdiction to try all offences committed —(a)
within Singapore;
(b)
on board any ship or aircraft registered
in Singapore;
(c)
by any person who is a citizen of
Singapore on the high seas or on any aircraft;
(d)
by any person on the high seas where
the offence is piracy by the law of nations;
(e)
by
any person within or outside Singapore where the offence is punishable under
and by virtue of the provisions of the Hijacking of Aircraft and
Protection of Aircraft and International Airports Act (Cap. 124) or the Maritime Offences Act 2003; and
(f)
in any place or by any person if it
is provided in any written law that the offence is triable in Singapore.
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(2)
The High Court may pass any sentence
allowed by law.
Civil jurisdiction — general
16.
—(1)
The
High Court shall have jurisdiction to hear and try any action in
personam where —(a)
the defendant is served with a writ
or other originating process —(i)
in Singapore in the manner prescribed
by Rules of Court; or
(ii)
outside Singapore in the circumstances
authorised by and in the manner prescribed by Rules of Court; or
(b)
the defendant submits to the jurisdiction
of the High Court.
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(2)
Without prejudice to the generality
of subsection (1), the High Court shall have such jurisdiction as
is vested in it by any other written law.
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Civil jurisdiction — specific
17.
Without
prejudice to the generality of section 16, the civil jurisdiction
of the High Court shall include —(a)
jurisdiction under any written law
relating to divorce and matrimonial causes;
(b)
jurisdiction under any written law
relating to matters of admiralty;
(c)
jurisdiction under any written law
relating to bankruptcy or to companies;
(d)
jurisdiction to appoint and control
guardians of infants and generally over the persons and property
of infants;
(e)
jurisdiction to appoint and control
guardians and keepers of the persons and estates of idiots, mentally
disordered persons and persons of unsound mind; and
(f)
jurisdiction to grant probates of
wills and testaments, letters of administration of the estates of
deceased persons and to alter or revoke such grants.
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Civil jurisdiction — concurrent jurisdiction
with Syariah Court in certain matters
17A.
—(1)
Notwithstanding
sections 16 and 17, the High Court shall have no jurisdiction to
hear and try any civil proceedings involving matters which come
within the jurisdiction of the Syariah Court under section 35 (2)
(a), (b) or (c)
of the Administration of Muslim Law Act (Cap. 3) in which all the
parties are Muslims or where the parties were married under the
provisions of the Muslim law.
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(2)
Notwithstanding that such matters come
within the jurisdiction of the Syariah Court under section 35 (2)
(d) or (e), 51 or 52 (3)
(c) or (d) of the Administration
of Muslim Law Act (Cap. 3), the High Court shall have jurisdiction
as is vested in it by any written law to hear and try any civil
proceedings involving matters relating to —(a)
maintenance for any wife or child;
(b)
custody of any child; and
(c)
disposition or division of property
on divorce.
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(3)
Where civil proceedings involving any
matter referred to in subsection (2) (b) or
(c) and involving parties who are Muslims or
were married under the provisions of the Muslim law are commenced
in the High Court, the High Court shall stay the civil proceedings —(a)
involving any matter referred to in
subsection (2) (b) or (c),
if the civil proceedings are commenced on or after the commencement
of proceedings for divorce in the Syariah Court or after the making
of a decree or order for divorce by the Syariah Court or on or after
the registration of any divorce under section 102 of the Administration
of Muslim Law Act between the same parties, unless a Syariah Court
commencement certificate in respect of the civil proceedings has
been filed with the High Court;
(b)
involving any matter referred to in
subsection (2) (b), if proceedings for divorce
are commenced in the Syariah Court or a decree or order for divorce is
made by the Syariah Court or a divorce is registered under section
102 of the Administration of Muslim Law Act between the same parties
after the commencement of the civil proceedings, unless a Syariah
Court continuation certificate in respect of the civil proceedings
has been filed with the High Court.
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(4)
For the purposes of subsection (3),
where the proceedings in the Syariah Court are commenced on the
same day as the civil proceedings in the High Court, the proceedings
in the Syariah Court shall be deemed to have been commenced before
the civil proceedings.
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(5)
Subsection (3) (a)
shall not apply if the civil proceedings referred to therein are commenced
in the High Court by the consent of the parties to the proceedings
and the certificates of attendance of the parties issued under section
35A (7) of the Administration of Muslim Law Act (Cap. 3) have been
filed in accordance with Rules of Court.
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(6)
Subsection (3) (b)
shall not apply if the civil proceedings referred to therein are continued
by the consent of the parties to the proceedings and the certificates
of attendance of the parties issued under section 35A (7) of the
Administration of Muslim Law Act have been filed in accordance with
Rules of Court.
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(7)
For the avoidance of any doubt, the
High Court, in exercising its jurisdiction or powers under subsection
(2), shall apply the civil law.
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(8)
Notwithstanding section 3 (2) of the
Women’s Charter (Cap. 353), section 112 of that Act shall
apply to the High Court in the exercise of its jurisdiction or powers under
subsection (2) (c).
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(9)
In this section —"Syariah
Court"
means the Syariah Court
constituted under the Administration of Muslim Law Act;
"Syariah
Court commencement certificate"
means
a commencement certificate issued by the Syariah Court under section
35A (4) of the Administration of Muslim Law Act;
"Syariah
Court continuation certificate"
means
a continuation certificate issued by the Syariah Court under section
35A (4) of the Administration of Muslim Law Act.
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Powers of High Court
18.
—(1)
The
High Court shall have such powers as are vested in it by any written law
for the time being in force in Singapore.
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(2)
Without prejudice to the generality
of subsection (1), the High Court shall have the powers set out
in the First Schedule.
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(3)
The powers referred to in subsection
(2) shall be exercised in accordance with any written law or Rules
of Court relating to them.
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Appellate Jurisdiction
of the High Court
Appellate criminal jurisdiction
19.
The
appellate criminal jurisdiction of the High Court shall consist
of —(a)
the hearing of appeals from District
Courts or Magistrates’ Courts before one or more Judges
according to the provisions of the law for the time being in force
relating to criminal procedure; and
(b)
the hearing of points of law reserved
by special cases submitted by a District Court or Magistrate’s
Court before one or more Judges according to the provisions of the
law for the time being in force relating to criminal procedure.
Appellate civil jurisdiction
20.
The
appellate civil jurisdiction of the High Court shall consist of —(a)
the hearing of appeals from District
Courts;
(b)
the hearing of appeals from District
Courts and Magistrates’ Courts when exercising jurisdiction
of a quasi-criminal or civil nature; and
(c)
the hearing of appeals from other
tribunals as may from time to time be prescribed by any written
law.
Appeals from District and Magistrates’ Courts
21.
—(1)
Subject
to the provisions of this Act or any other written law, an appeal shall
lie to the High Court from a decision of a District Court or Magistrate’s
Court in any suit or action for the recovery of immovable property
or in any civil cause or matter where the amount in dispute or the
value of the subject-matter exceeds $50,000 or such other
amount as may be specified by an order made under subsection (3)
or with the leave of a District Court, a Magistrate’s Court
or the High Court if under that amount.
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(2)
Such appeals may be heard before one
Judge provided that the Judge, if he thinks fit, may reserve any
appeal for the decision of a court consisting of 3 Judges, and in
such case the appeal shall be decided in accordance with the opinion
of the majority of the Judges composing the High Court.
(3)
The President may, after consulting
the Chief Justice, by order published in the Gazette vary
the amount mentioned in subsection (1).
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Powers of rehearing
22.
—(1)
All
appeals to the High Court in the exercise of its appellate civil
jurisdiction shall be by way of rehearing.
(2)
The High Court shall have the like
powers and jurisdiction on the hearing of such appeals as the Court
of Appeal has on the hearing of appeals from the High Court.
Revision
Revision of criminal proceedings of subordinate courts
23.
The
High Court may exercise powers of revision in respect of criminal
proceedings and matters in subordinate courts in accordance with
the provisions of any written law for the time being in force relating
to criminal procedure.
Power of High Court to call for records of civil
proceedings in subordinate courts
24.
The
High Court may call for and examine the record of any civil proceedings before
any subordinate court for the purpose of satisfying itself as to
the correctness, legality or propriety of any decision recorded
or passed, and as to the regularity of any proceedings of any such
subordinate court.
Powers of High Court on revision of civil proceedings
25.
In
the case of any civil proceedings in a subordinate court the record
of which has been called for, or which otherwise comes to its knowledge,
the High Court may give such orders thereon, either by directing
a new trial or otherwise, as seem necessary to secure that substantial
justice is done.
No revision at instance of party who could have appealed
26.
Where
an appeal lies from any decision in any civil matter, and no appeal
is brought, no proceeding by way of revision shall be entertained
at the instance of a party who could have appealed.
General supervisory and revisionary jurisdiction
of High Court
27.
—(1)
In
addition to the powers conferred on the High Court by this Act or
any other written law, the High Court shall have general supervisory
and revisionary jurisdiction over all subordinate courts.
(2)
The High Court may in particular, but
without prejudice to the generality of subsection (1), if it appears
desirable in the interests of justice, either of its own motion
or at the instance of any party or person interested, at any stage
in any matter or proceeding, whether civil or criminal, in any subordinate
court, call for the record thereof, and may remove the matter or
proceeding into the High Court or may give to the subordinate court
such directions as to the further conduct of the matter or proceeding
as justice may require.
(3)
Upon the High Court calling for any
record under subsection (2), all proceedings in the subordinate
court in the matter or proceeding in question shall be stayed pending
further order of the High Court.
Discretion of High Court as to hearing parties
28.
—(1)
Subject
to the provisions of any written law for the time being in force, no
party shall have any right to be heard before the High Court when
exercising its powers of revision and supervision.
(2)
No final order shall be made to the
prejudice of any person unless that person has had an opportunity
of being so heard.
Allocation of Proceedings
Allocation of proceedings to District Court
28A.
—(1)
The
Chief Justice may, where he considers it necessary or expedient
to improve efficiency in the administration of justice and to provide
for more speedy disposal of proceedings commenced in the High Court,
by order direct such class or classes or description of proceedings
as may be specified in the order to be heard and determined by the
District Court.
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(2)
Notwithstanding any other written law,
any order under subsection (1) —(a)
may confer jurisdiction on a District
Court to hear and determine —(i)
any proceedings specified in the order
which, but for the order, the District Court would not have jurisdiction
to hear and determine by reason only of the fact that the amount
involved exceeds the monetary limit of its jurisdiction; or
(ii)
any
proceedings relating to any of the matters referred to in section
17 (a) to (e);
(b)
may
make such provision governing appeals relating to proceedings transferred
to the District Court (including provisions restricting the right
of appeal) as the Chief Justice thinks fit; and
(c)
may
make such incidental provision for the transfer of the proceedings
to the District Court (including matters relating to procedure and
costs) as the Chief Justice thinks fit.
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