Court of Appeal of Singapore
Encyclopedia
The Court of Appeal of the Republic of Singapore is the nation's highest court and its court of final appeal
. It is the upper division of the Supreme Court of Singapore
, the lower being the High Court
. The Court of Appeal consists of the Chief Justice of Singapore
, who is the President of the Court, and the Judges of Appeal. The Chief Justice may ask judges of the High Court to sit as members of the Court of Appeal to hear particular cases. The seat of the Court of Appeal is the Supreme Court Building.
The Court exercises only appellate jurisdiction
in civil
and criminal
matters. In other words, it possesses no original jurisdiction
– it does not deal with trials of matters coming before the court for the first time. In general, the Court hears civil appeals from decisions of the High Court made in the exercise of the latter's original and appellate jurisdiction, that is, decisions on cases that started in the High Court as well as decisions that were appealed from the Subordinate Courts
to the High Court. However, this rule is subject to various restrictions. Some types of High Court decisions are not appealable to the Court of Appeal, while others are only appealable if the Court grants leave (permission). Where criminal matters are concerned, the Court only hears appeals from cases originating in the High Court. Matters heard by the High Court on appeal from the Subordinate Courts cannot be further appealed to the Court of Appeal, though questions of law
may be submitted to the Court for determination.
Under the principles of stare decisis
(judicial precedent), Court of Appeal decisions are binding on the High Court and Subordinate Courts. As Singapore's final appellate court
, the Court of Appeal is not required to follow its own previous decisions and the decisions of predecessor courts such as the Supreme Court of the Straits Settlements
and the Judicial Committee of the Privy Council
, and may depart from or overrule such decisions if it thinks fit. However, it will generally not do so without a strong reason. The Court of Appeal is required, however, to abide by decisions of the Constitution of the Republic of Singapore Tribunal
in certain situations. The Constitution of Singapore
states that where the President
has referred to the Tribunal a question concerning the Constitution's effect on a bill
, no court – including the Court of Appeal – may subsequently question the Tribunal's opinion on the bill or, assuming the bill is found to be constitutional, the validity of any law based on the bill.
's highest court, and thus its court of final appeal
. Its earliest predecessor was the Supreme Court of the Straits Settlements
which, following legal changes introduced in 1873, had jurisdiction to sit as a Full Court of Appeal with not less than three judges and as a Divisional Court at each settlement. However, the Court of Appeal of the Straits Settlements was not the highest appellate court of the colony. From 1826, when Singapore's first court – the Court of Judicature of Prince of Wales' Island
, Singapore, and Malacca
– was established, appeals lay to the King-in-Council
. Such appeals were taken over by the Judicial Committee of the Privy Council
from 1844. A party wishing to appeal had to petition the Judicial Committee for leave (permission) to do so. In 1934, a separate Court of Criminal Appeal was established in the Straits Settlements.
All courts ceased to function during World War II
when the Japanese occupation of Singapore
began in February 1942. Though the Japanese military authorities created a court of appeal, it did not hear any cases. Following the end of the occupation in 1945, all pre-war courts were revived. There was no change in the judicial system when the Straits Settlements were dissolved in 1946 and Singapore became a crown colony
in its own right, except that the Supreme Court of the Straits Settlements became known as the Supreme Court of Singapore.
Singapore ceased to be part of the British Empire
in 1963 when it joined the Federation of Malaysia. In 1964, the Supreme Court of the Colony of Singapore was replaced by the High Court of Malaysia in Singapore, appeals from which lay to the Federal Court of Malaysia
in Kuala Lumpur
. The Privy Council remained the final appellate court, although appellants now submitted their petitions to the Yang di-Pertuan Agong
(head of state of Malaysia) who sent them on to the Judicial Committee. In turn, the Judicial Committee conveyed their recommendations on appeals to the Yang di-Pertuan Agong, who then made the final orders. Singapore left the Federation in 1965. At the time of the nation's full independence, no changes were made to the judicial system. It was only with effect from 9 January 1970 that the Supreme Court of the Republic of Singapore consisting of the Court of Appeal and High Court was established. The Judicial Committee Act 1966 was passed to enable the Privy Council to continue its role as Singapore's final court of appeal, and to remove the need to petition the British monarch
or the Yang di-Pertuan Agong in order to appeal.
In 1985, 21 out of 142 appeals heard by the Privy Council originated from Singapore. Moves towards full legal autochthony from Britain began in 1989, when appeals to the Privy Council were limited in the wake of a 1988 Privy Council ruling reversing the Court of Appeal's decision to strike opposition politician J.B. Jeyaretnam
off the roll of advocates and solicitors for having been convicted of cheque fraud and making a false declaration concerning the accounts of the Workers' Party of Singapore
. The Privy Council judged Jeyaretnam to have been the victim of a "grievous injustice" in Singapore's courts, having been "fined, imprisoned and publicly disgraced for offences of which [he and his co-accused] were not guilty". Under the new rules, in civil cases
to appeal to the Privy Council all parties to the proceedings had to consent, while in criminal cases
appeals could only be brought in death penalty
cases when the Court of Criminal Appeal's decision had not been unanimous. Subsequently, with effect from 8 April 1994, all remaining appeals to the Privy Council were abolished. The Court of Criminal Appeal was done away with, and a single permanent Court of Appeal exercising both civil and criminal appellate jurisdiction
was instituted with the Chief Justice sitting as the President of the Court together with Judges of Appeal, who rank above ordinary judges of the High Court.
of record
. It is superior in the sense that its jurisdiction
to hear civil
and criminal cases
is unlimited compared to the Subordinate Courts of Singapore
, and it hears appeal
s from lower courts. As a court of record, it keeps a perpetual record of its proceedings. The Court of Appeal is the upper division of the Supreme Court, the lower one being the High Court
.
The Court of Appeal is made up of the Chief Justice
, who is the President of the Court, and the Judges of Appeal. The Chief Justice may appoint Judges of Appeal as vice-presidents of the Court. As of December 2010, the Chief Justice was Chan Sek Keong
and the Judges of Appeal were Chao Hick Tin
(2 August 1999 –
10 April 2006; reappointed 11 April 2008), Andrew Phang Boon Leong
(appointed 28 February 2006) and V.K. Rajah (11 April 2007). Chao J.A. was appointed Vice-President of the Court with effect from 18 April 2008.
When hearing civil and criminal matters, the Court of Appeal usually sits with three Judges of Appeal, one of whom is the Chief Justice. However, the Court may also sit with a greater uneven number of Judges of Appeal. This is done in cases of unusual difficulty or importance. As of December 2010 the Court had sat twice with a bench
of five judges. The more recent case was the 1995 decision Public Prosecutor v. Tan Meng Khin, in which the Court overruled its own decision handed down the previous year that had set out a different interpretation of section 40(3) of the Penal Code
.
The Court may also sit with just two Judges of Appeal in appeals in civil matters against interlocutory orders
and other orders apart from judgments handed down after trials commenced by writs of summons
or hearings commenced by other originating processes such as originating summons. High Court judges may be requested by the Chief Justice to sit as judges of the Court of Appeal to hear specific appeals. Judges of Appeals cannot sit as members of the Court when appeals are against judgments or orders made by them, convictions made or a sentences passed by them, or questions of law
reserved by them for the Court of Appeal to decide when they were acting as High Court judges. If the Court feels it requires assistance in a particular case, it may summon persons of skill and experience in the matter to which the proceedings relate to sit with the Court and act as assessors
.
Matters before the Court are decided according to the opinion of the majority of the members of the Court hearing the case. If there are only two judges hearing an appeal and they disagree, the appeal is dismissed and the decision appealed against stands.
The schedule of the Court's sittings is determined every year by the Chief Justice. In general, the Court sits throughout the year except during the mid-year and end-year court vacations (usually end of May to end of June, and the beginning of December to the beginning of January respectively). The Chief Justice also appoints the places where the Court sits. When the Supreme Court moved from the Old Supreme Court Building and City Hall Building
at 1 and 3 Saint Andrew's Road respectively to the present Supreme Court Building at 1 Supreme Court Lane, the Chief Justice formally appointed the new building as a place where the Court of Appeal sits by way of a notification dated 20 June 2005.
. It hears only appeal
s from the High Court, and does not deal with any trial
s or other first-instance matters, that is, matters coming to court for the first time.
appeals from any High Court judgment or order. These can be decisions made by the High Court when exercising its original jurisdiction
(in other words, cases beginning in the High Court itself) or its appellate jurisdiction
(cases appealed to the High Court from the Subordinate Courts
). However, this general rule is subject to a number of restrictions. No appeal may be brought from certain interlocutory orders made by the High Court, when a judgment or order is made with the parties' consent, and where a statute declares that a judgment or order of the High Court is final. In some other cases, an appeal may only be brought with the leave of a High Court judge. These include cases where the amount or value of the subject-matter at the trial was S$
250,000 or less, and High Court appeals concerning the adoption
of children, the making of protection orders to prevent family violence
, and maintenance for wives and children.
Appeals to the Court are by way of rehearing. The Court is not required to accept any findings of fact
or law
made by the High Court, but hears afresh the parties' submissions on the issues in the appeal and comes to an independent decision. However, the Court relies on the evidence
that was adduced in the court below and only permits new evidence to be admitted on special grounds. During an appeal, the Court possesses all the powers and duties of the High Court, and has "full power to determine any question necessary to be determined for the purpose of doing justice in any case before the Court". In particular, the Court has power to order a new trial on any issue by the High Court, except that the fact that the High Court improperly admitted or rejected evidence shall not be grounds for a new trial unless the Court of Appeal is of the view that some substantial wrong or miscarriage of justice
was caused. The Court of Appeal may only order a new trial, or reverse or substantially vary a High Court judgment or order on significant grounds. It will not act in this manner on the basis of immaterial errors, defects or irregularities that do not affect the merits of the case or the jurisdiction
of the High Court.
, the sentence
or both, unless he or she pleaded guilty in which case only an appeal against the extent or legality of the sentence is permitted. In the latter situation, the Court of Appeal may nonetheless permit the person who pleaded guilty to appeal against conviction if it believes that this is in the interests of justice. The Public Prosecutor may appeal against an acquittal
or the sentence imposed on an accused person. The Court is entitled to summarily reject an appeal if the grounds of appeal do not involve any question of law, the conviction is supportable by the evidence, and there is nothing in the circumstances of the case which raises a reasonable doubt
as to whether the conviction was right or leads the Court to think the sentence should be reduced. The summary rejection of an appeal may only be done upon the unanimous decision of the Judges of Appeal.
If it is of the view that additional evidence is required, the Court may either take this evidence itself or order the trial court to take it. The Court may also ask the trial court to give a report of any matter relating to the trial.
Following the hearing of an appeal, the Court may confirm, reverse or vary the trial court's decision. It may also order a retrial; inform the High Court of its opinion on a matter and send it back to that court for further proceedings to be taken; or make any other order as it thinks just, exercising any power that the trial court might have exercised. The Court also has power to quash the sentence passed by the trial court and substitute a more or less severe sentence in its place. A trial court's judgment, sentence or order may only be reversed or set aside if it was legally incorrect or against the weight of the evidence. A sentence may only be altered if it is manifestly excessive or inadequate in the circumstances of the case. Even if the Court feels that a point raised in an appeal might be decided in the appellant's favour, it may dismiss the appeal if it considers that no substantial miscarriage of justice took place. The Court generally only issues a single judgment, though separate judgments may be given if the presiding Judge of Appeal so directs.
In the 2009 decision Yong Vui Kong v. Public Prosecutor, the Court left open the issue of whether it had inherent jurisdiction
following the conclusion of an appeal to reopen the matter if new evidence came to light. It expressed the view that "it would be in the interest of justice that the court should have the power to correct the mistake, rather than rely on the Executive to correct what is essentially an error in the judicial process", and that it is "reasonable to assume that the court is better placed to evaluate the merits of the new evidence than the Executive". In earlier cases the view had been taken that in the interests of finality, after delivering its judgment in an appeal the Court should be regarded as functus officio
, that is, it has fully "performed its office" and no longer has any legal power to act. However, in Yong Vui Kong the Court said:
A possible argument, which had not yet been posed to the Court, was that Article 93 of the Constitution, which vests the judicial power of Singapore in the Supreme Court, conferred on the Court of Appeal the power to reopen concluded appeals. Although judicial power is only exercisable when the court has jurisdiction in a matter, "where the SCJA [Supreme Court of Judicature Act] does not expressly state when its jurisdiction in a criminal appeal ends, there is no reason for this court to circumscribe its own jurisdiction to render itself incapable of correcting a miscarriage of justice at any time".
Upon a review of the case, the Court of Appeal will make a determination on the question and may then alter the sentence passed, pass a sentence, or give such judgment or make such order as it deems fit. The Court of Appeal exercises a similar power to determine questions of law reserved for its decision by the High Court or the Public Prosecutor after the High Court has heard an appeal from a Subordinate Court or has exercised its revisionary jurisdiction. Any question of law on which there is a conflict of judicial authority is deemed to be a question of public interest.
As the highest court of Singapore and its final appellate court, under the principles of stare decisis
(judicial precedent) decisions of the Court of Appeal are binding on the High Court and Subordinate Courts. Even if judges in these courts disagree with the reasoning given by the Court of Appeal in particular cases, they are required to apply the legal principles laid down in those cases.
The Court of Appeal became Singapore's final appellate court following the abolition of all appeals to the Privy Council with effect from 8 April 1994. On 11 July that year, the Court handed down a practice statement declaring that it would regard itself free to depart from previous decisions of its own or of the Privy Council
The Court justified this new principle on the basis that "the political, social and economic circumstances of Singapore have changed enormously since Singapore became an independent and sovereign republic. The development of our law should reflect these changes and the fundamental values of Singapore society."
Where the President
has referred to the Constitution of the Republic of Singapore Tribunal
a question concerning the Constitution
's effect on a bill
, no court – including the Court of Appeal – may subsequently question the Tribunal's opinion on the bill or, assuming the bill is found to be constitutional, the validity of any law based on the bill.
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
. It is the upper division of the Supreme Court of Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
, the lower being the High Court
High Court of Singapore
The High Court of the Republic of Singapore is the lower division of the Supreme Court of Singapore, the upper being the Court of Appeal. It consists of the Chief Justice of Singapore and the Judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload...
. The Court of Appeal consists of the Chief Justice of Singapore
Chief Justice of Singapore
The Chief Justice of Singapore is the highest post in the judicial system of Singapore. The Chief Justice is appointed by the President, chosen from candidates recommended by the Prime Minister. The present Chief Justice is Chan Sek Keong....
, who is the President of the Court, and the Judges of Appeal. The Chief Justice may ask judges of the High Court to sit as members of the Court of Appeal to hear particular cases. The seat of the Court of Appeal is the Supreme Court Building.
The Court exercises only appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
in civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
and criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
matters. In other words, it possesses no original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
– it does not deal with trials of matters coming before the court for the first time. In general, the Court hears civil appeals from decisions of the High Court made in the exercise of the latter's original and appellate jurisdiction, that is, decisions on cases that started in the High Court as well as decisions that were appealed from the Subordinate Courts
Subordinate Courts of Singapore
The Subordinate Courts of Singapore is one of the two tiers of the court system in Singapore, the other tier being the Supreme Court. The Subordinate Courts comprise the District and Magistrate Courts—both of which oversee civil and criminal matters—as well as specialised family, juvenile,...
to the High Court. However, this rule is subject to various restrictions. Some types of High Court decisions are not appealable to the Court of Appeal, while others are only appealable if the Court grants leave (permission). Where criminal matters are concerned, the Court only hears appeals from cases originating in the High Court. Matters heard by the High Court on appeal from the Subordinate Courts cannot be further appealed to the Court of Appeal, though questions of law
Question of law
In jurisprudence, a question of law is a question which must be answered by applying relevant legal principles, by an interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence, and inferences arising from those facts...
may be submitted to the Court for determination.
Under the principles of stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
(judicial precedent), Court of Appeal decisions are binding on the High Court and Subordinate Courts. As Singapore's final appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
, the Court of Appeal is not required to follow its own previous decisions and the decisions of predecessor courts such as the Supreme Court of the Straits Settlements
Straits Settlements
The Straits Settlements were a group of British territories located in Southeast Asia.Originally established in 1826 as part of the territories controlled by the British East India Company, the Straits Settlements came under direct British control as a crown colony on 1 April 1867...
and the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
, and may depart from or overrule such decisions if it thinks fit. However, it will generally not do so without a strong reason. The Court of Appeal is required, however, to abide by decisions of the Constitution of the Republic of Singapore Tribunal
Constitution of the Republic of Singapore Tribunal
The Constitution of the Republic of Singapore Tribunal was established in 1994 pursuant to Article 100 of the Constitution of the Republic of Singapore...
in certain situations. The Constitution of Singapore
Constitution of Singapore
The Constitution of Singapore is the supreme law of Singapore and it is a codified constitution.The constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings . The president may seek opinion on constitutional issues...
states that where the President
President of Singapore
The President of the Republic of Singapore is Singapore's head of state. In a Westminster parliamentary system, as which Singapore governs itself, the prime minister is the head of the government while the position of president is largely ceremonial. Before 1993, the President of Singapore was...
has referred to the Tribunal a question concerning the Constitution's effect on a bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
, no court – including the Court of Appeal – may subsequently question the Tribunal's opinion on the bill or, assuming the bill is found to be constitutional, the validity of any law based on the bill.
History
The Court of Appeal is SingaporeSingapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
's highest court, and thus its court of final appeal
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
. Its earliest predecessor was the Supreme Court of the Straits Settlements
Straits Settlements
The Straits Settlements were a group of British territories located in Southeast Asia.Originally established in 1826 as part of the territories controlled by the British East India Company, the Straits Settlements came under direct British control as a crown colony on 1 April 1867...
which, following legal changes introduced in 1873, had jurisdiction to sit as a Full Court of Appeal with not less than three judges and as a Divisional Court at each settlement. However, the Court of Appeal of the Straits Settlements was not the highest appellate court of the colony. From 1826, when Singapore's first court – the Court of Judicature of Prince of Wales' Island
Penang
Penang is a state in Malaysia and the name of its constituent island, located on the northwest coast of Peninsular Malaysia by the Strait of Malacca. It is bordered by Kedah in the north and east, and Perak in the south. Penang is the second smallest Malaysian state in area after Perlis, and the...
, Singapore, and Malacca
Malacca
Malacca , dubbed The Historic State or Negeri Bersejarah among locals) is the third smallest Malaysian state, after Perlis and Penang. It is located in the southern region of the Malay Peninsula, on the Straits of Malacca. It borders Negeri Sembilan to the north and the state of Johor to the south...
– was established, appeals lay to the King-in-Council
Queen-in-Council
The Queen-in-Council is, in each of the Commonwealth realms, the technical term of constitutional law that refers to the exercise of executive authority, denoting the monarch acting by and with the advice and consent of his or her privy council or executive council The Queen-in-Council (during...
. Such appeals were taken over by the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
from 1844. A party wishing to appeal had to petition the Judicial Committee for leave (permission) to do so. In 1934, a separate Court of Criminal Appeal was established in the Straits Settlements.
All courts ceased to function during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
when the Japanese occupation of Singapore
Japanese Occupation of Singapore
The Japanese occupation of Singapore in World War II occurred between about 1942 and 1945 after the fall of Singapore on 15 February 1942. Military forces of the Empire of Japan occupied Singapore after defeating the combined Australian, British, Indian and Malayan garrison in the Battle of Singapore...
began in February 1942. Though the Japanese military authorities created a court of appeal, it did not hear any cases. Following the end of the occupation in 1945, all pre-war courts were revived. There was no change in the judicial system when the Straits Settlements were dissolved in 1946 and Singapore became a crown colony
Crown colony
A Crown colony, also known in the 17th century as royal colony, was a type of colonial administration of the English and later British Empire....
in its own right, except that the Supreme Court of the Straits Settlements became known as the Supreme Court of Singapore.
Singapore ceased to be part of the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
in 1963 when it joined the Federation of Malaysia. In 1964, the Supreme Court of the Colony of Singapore was replaced by the High Court of Malaysia in Singapore, appeals from which lay to the Federal Court of Malaysia
Federal Court of Malaysia
The Federal Court of Malaysia is the highest court and the final appellate court in Malaysia. It is housed in the Palace of Justice in Putrajaya...
in Kuala Lumpur
Kuala Lumpur
Kuala Lumpur is the capital and the second largest city in Malaysia by population. The city proper, making up an area of , has a population of 1.4 million as of 2010. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...
. The Privy Council remained the final appellate court, although appellants now submitted their petitions to the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....
(head of state of Malaysia) who sent them on to the Judicial Committee. In turn, the Judicial Committee conveyed their recommendations on appeals to the Yang di-Pertuan Agong, who then made the final orders. Singapore left the Federation in 1965. At the time of the nation's full independence, no changes were made to the judicial system. It was only with effect from 9 January 1970 that the Supreme Court of the Republic of Singapore consisting of the Court of Appeal and High Court was established. The Judicial Committee Act 1966 was passed to enable the Privy Council to continue its role as Singapore's final court of appeal, and to remove the need to petition the British monarch
Monarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
or the Yang di-Pertuan Agong in order to appeal.
In 1985, 21 out of 142 appeals heard by the Privy Council originated from Singapore. Moves towards full legal autochthony from Britain began in 1989, when appeals to the Privy Council were limited in the wake of a 1988 Privy Council ruling reversing the Court of Appeal's decision to strike opposition politician J.B. Jeyaretnam
Joshua Benjamin Jeyaretnam
Joshua Benjamin Jeyaretnam was a politician and lawyer from Singapore. He was the leader of the Workers' Party from 1971 to 2001...
off the roll of advocates and solicitors for having been convicted of cheque fraud and making a false declaration concerning the accounts of the Workers' Party of Singapore
Workers' Party of Singapore
The Workers' Party of Singapore is a centre-left opposition political party in Singapore. The party currently has six elected seats in Parliament, with the party's Secretary-General Low Thia Khiang, Chairman Sylvia Lim, Chen Show Mao, Muhamad Faisal Manap and Pritam Singh serving as Members of...
. The Privy Council judged Jeyaretnam to have been the victim of a "grievous injustice" in Singapore's courts, having been "fined, imprisoned and publicly disgraced for offences of which [he and his co-accused] were not guilty". Under the new rules, in civil cases
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
to appeal to the Privy Council all parties to the proceedings had to consent, while in criminal cases
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
appeals could only be brought in death penalty
Capital punishment in Singapore
Capital punishment is a legal form of punishment in Singapore. The city-state had the highest per-capita execution rate in the world between 1994 and 1999, estimated by the United Nations to be 1.357 executions per hundred thousand of population during that period. The next highest was Turkmenistan...
cases when the Court of Criminal Appeal's decision had not been unanimous. Subsequently, with effect from 8 April 1994, all remaining appeals to the Privy Council were abolished. The Court of Criminal Appeal was done away with, and a single permanent Court of Appeal exercising both civil and criminal appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
was instituted with the Chief Justice sitting as the President of the Court together with Judges of Appeal, who rank above ordinary judges of the High Court.
Constitution of the Court
The Supreme Court of Singapore is the nation's superior courtSuperior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
. It is superior in the sense that its jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
to hear civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
and criminal cases
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
is unlimited compared to the Subordinate Courts of Singapore
Subordinate Courts of Singapore
The Subordinate Courts of Singapore is one of the two tiers of the court system in Singapore, the other tier being the Supreme Court. The Subordinate Courts comprise the District and Magistrate Courts—both of which oversee civil and criminal matters—as well as specialised family, juvenile,...
, and it hears appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s from lower courts. As a court of record, it keeps a perpetual record of its proceedings. The Court of Appeal is the upper division of the Supreme Court, the lower one being the High Court
High Court of Singapore
The High Court of the Republic of Singapore is the lower division of the Supreme Court of Singapore, the upper being the Court of Appeal. It consists of the Chief Justice of Singapore and the Judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload...
.
The Court of Appeal is made up of the Chief Justice
Chief Justice of Singapore
The Chief Justice of Singapore is the highest post in the judicial system of Singapore. The Chief Justice is appointed by the President, chosen from candidates recommended by the Prime Minister. The present Chief Justice is Chan Sek Keong....
, who is the President of the Court, and the Judges of Appeal. The Chief Justice may appoint Judges of Appeal as vice-presidents of the Court. As of December 2010, the Chief Justice was Chan Sek Keong
Chan Sek Keong
Chan Sek Keong is the current Chief Justice of Singapore, having taken over from the former Chief Justice Yong Pung How on 11 April 2006. Chan was formerly the Attorney-General of Singapore, before being succeeded by Chao Hick Tin on 11 April 2006....
and the Judges of Appeal were Chao Hick Tin
Chao Hick Tin
Chao Hick Tin is an appellate judge and former Attorney-General of Singapore. He was born in Singapore and studied at Catholic High School. He received his legal education at University College London, where he obtained his Bachelor and Masters of Law degrees in 1965 and 1966 respectively. He was...
(2 August 1999 –
10 April 2006; reappointed 11 April 2008), Andrew Phang Boon Leong
Andrew Phang
Judge of Appeal Andrew Phang Boon Leong is a Judge of the Supreme Court of Singapore.Born in Singapore in 1957, he received his LL.B. from the University of Singapore in 1982, before earning his LL.M. and S.J.D. from Harvard University in 1984 and 1988 respectively...
(appointed 28 February 2006) and V.K. Rajah (11 April 2007). Chao J.A. was appointed Vice-President of the Court with effect from 18 April 2008.
When hearing civil and criminal matters, the Court of Appeal usually sits with three Judges of Appeal, one of whom is the Chief Justice. However, the Court may also sit with a greater uneven number of Judges of Appeal. This is done in cases of unusual difficulty or importance. As of December 2010 the Court had sat twice with a bench
Bench (law)
Bench in legal contexts means simply the location in a courtroom where a judge sits. The historical roots of that meaning come from the fact that judges formerly sat on long seats or benches when presiding over a court...
of five judges. The more recent case was the 1995 decision Public Prosecutor v. Tan Meng Khin, in which the Court overruled its own decision handed down the previous year that had set out a different interpretation of section 40(3) of the Penal Code
Penal Code (Singapore)
The Penal Code of Singapore sets out general principles of the criminal law of Singapore, as well as the elements and penalties of common criminal offences such as homicide, theft and cheating...
.
The Court may also sit with just two Judges of Appeal in appeals in civil matters against interlocutory orders
Interlocutory
Interlocutory is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and termination of a cause of action, used to provide a temporary or provisional decision on an issue...
and other orders apart from judgments handed down after trials commenced by writs of summons
Summons
Legally, a summons is a legal document issued by a court or by an administrative agency of government for various purposes.-Judicial summons:...
or hearings commenced by other originating processes such as originating summons. High Court judges may be requested by the Chief Justice to sit as judges of the Court of Appeal to hear specific appeals. Judges of Appeals cannot sit as members of the Court when appeals are against judgments or orders made by them, convictions made or a sentences passed by them, or questions of law
Question of law
In jurisprudence, a question of law is a question which must be answered by applying relevant legal principles, by an interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence, and inferences arising from those facts...
reserved by them for the Court of Appeal to decide when they were acting as High Court judges. If the Court feels it requires assistance in a particular case, it may summon persons of skill and experience in the matter to which the proceedings relate to sit with the Court and act as assessors
Assessor (law)
In some jurisdictions, an assessor is a judge's or magistrate's assistant. This is in fact the historical meaning of this word.-By country:In Denmark, it was the former title given to Supreme Court judges. Today the title is given to Deputy Judges...
.
Matters before the Court are decided according to the opinion of the majority of the members of the Court hearing the case. If there are only two judges hearing an appeal and they disagree, the appeal is dismissed and the decision appealed against stands.
The schedule of the Court's sittings is determined every year by the Chief Justice. In general, the Court sits throughout the year except during the mid-year and end-year court vacations (usually end of May to end of June, and the beginning of December to the beginning of January respectively). The Chief Justice also appoints the places where the Court sits. When the Supreme Court moved from the Old Supreme Court Building and City Hall Building
City Hall, Singapore
The City Hall in Singapore is a national monument gazetted on 14 February 1992. Located in front of the historical Padang and next door to the Supreme Court of Singapore, it was designed and built by the architects of the municipal government, A. Gordans and F. D. Meadows from 1926 to 1929...
at 1 and 3 Saint Andrew's Road respectively to the present Supreme Court Building at 1 Supreme Court Lane, the Chief Justice formally appointed the new building as a place where the Court of Appeal sits by way of a notification dated 20 June 2005.
Jurisdiction
The Court of Appeal is solely an appellate courtAppellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
. It hears only appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s from the High Court, and does not deal with any trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
s or other first-instance matters, that is, matters coming to court for the first time.
Appellate civil jurisdiction
In general, the Court hears civilCivil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
appeals from any High Court judgment or order. These can be decisions made by the High Court when exercising its original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
(in other words, cases beginning in the High Court itself) or its appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
(cases appealed to the High Court from the Subordinate Courts
Subordinate Courts of Singapore
The Subordinate Courts of Singapore is one of the two tiers of the court system in Singapore, the other tier being the Supreme Court. The Subordinate Courts comprise the District and Magistrate Courts—both of which oversee civil and criminal matters—as well as specialised family, juvenile,...
). However, this general rule is subject to a number of restrictions. No appeal may be brought from certain interlocutory orders made by the High Court, when a judgment or order is made with the parties' consent, and where a statute declares that a judgment or order of the High Court is final. In some other cases, an appeal may only be brought with the leave of a High Court judge. These include cases where the amount or value of the subject-matter at the trial was S$
Singapore dollar
The Singapore dollar or Dollar is the official currency of Singapore. It is normally abbreviated with the dollar sign $, or alternatively S$ to distinguish it from other dollar-denominated currencies...
250,000 or less, and High Court appeals concerning the adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
of children, the making of protection orders to prevent family violence
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
, and maintenance for wives and children.
Appeals to the Court are by way of rehearing. The Court is not required to accept any findings of fact
Question of fact
In law, a question of fact is a question which must be answered by reference to facts and evidence, and inferences arising from those facts. Such a question is distinct from a question of law, which must be answered by applying relevant legal principles...
or law
Question of law
In jurisprudence, a question of law is a question which must be answered by applying relevant legal principles, by an interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence, and inferences arising from those facts...
made by the High Court, but hears afresh the parties' submissions on the issues in the appeal and comes to an independent decision. However, the Court relies on the evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
that was adduced in the court below and only permits new evidence to be admitted on special grounds. During an appeal, the Court possesses all the powers and duties of the High Court, and has "full power to determine any question necessary to be determined for the purpose of doing justice in any case before the Court". In particular, the Court has power to order a new trial on any issue by the High Court, except that the fact that the High Court improperly admitted or rejected evidence shall not be grounds for a new trial unless the Court of Appeal is of the view that some substantial wrong or miscarriage of justice
Miscarriage of justice
A miscarriage of justice primarily is the conviction and punishment of a person for a crime they did not commit. The term can also apply to errors in the other direction—"errors of impunity", and to civil cases. Most criminal justice systems have some means to overturn, or "quash", a wrongful...
was caused. The Court of Appeal may only order a new trial, or reverse or substantially vary a High Court judgment or order on significant grounds. It will not act in this manner on the basis of immaterial errors, defects or irregularities that do not affect the merits of the case or the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
of the High Court.
Criminal appeals
The Court of Appeal only hears appeals from decisions of the High Court made when the latter is exercising original criminal jurisdiction. In other words, matters heard by the High Court on appeal from the Subordinate Courts cannot be further appealed to the Court of Appeal, though questions of law may be reserved for determination by the Court (see below). A person convicted in the High Court can appeal against the convictionConviction
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...
, the sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
or both, unless he or she pleaded guilty in which case only an appeal against the extent or legality of the sentence is permitted. In the latter situation, the Court of Appeal may nonetheless permit the person who pleaded guilty to appeal against conviction if it believes that this is in the interests of justice. The Public Prosecutor may appeal against an acquittal
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
or the sentence imposed on an accused person. The Court is entitled to summarily reject an appeal if the grounds of appeal do not involve any question of law, the conviction is supportable by the evidence, and there is nothing in the circumstances of the case which raises a reasonable doubt
Reasonable doubt
Proof beyond a reasonable doubt is the standard of evidence required to validate a criminal conviction in most adversarial legal systems . Generally the prosecution bears the burden of proof and is required to prove their version of events to this standard...
as to whether the conviction was right or leads the Court to think the sentence should be reduced. The summary rejection of an appeal may only be done upon the unanimous decision of the Judges of Appeal.
If it is of the view that additional evidence is required, the Court may either take this evidence itself or order the trial court to take it. The Court may also ask the trial court to give a report of any matter relating to the trial.
Following the hearing of an appeal, the Court may confirm, reverse or vary the trial court's decision. It may also order a retrial; inform the High Court of its opinion on a matter and send it back to that court for further proceedings to be taken; or make any other order as it thinks just, exercising any power that the trial court might have exercised. The Court also has power to quash the sentence passed by the trial court and substitute a more or less severe sentence in its place. A trial court's judgment, sentence or order may only be reversed or set aside if it was legally incorrect or against the weight of the evidence. A sentence may only be altered if it is manifestly excessive or inadequate in the circumstances of the case. Even if the Court feels that a point raised in an appeal might be decided in the appellant's favour, it may dismiss the appeal if it considers that no substantial miscarriage of justice took place. The Court generally only issues a single judgment, though separate judgments may be given if the presiding Judge of Appeal so directs.
In the 2009 decision Yong Vui Kong v. Public Prosecutor, the Court left open the issue of whether it had inherent jurisdiction
Inherent jurisdiction
Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other court or tribunal...
following the conclusion of an appeal to reopen the matter if new evidence came to light. It expressed the view that "it would be in the interest of justice that the court should have the power to correct the mistake, rather than rely on the Executive to correct what is essentially an error in the judicial process", and that it is "reasonable to assume that the court is better placed to evaluate the merits of the new evidence than the Executive". In earlier cases the view had been taken that in the interests of finality, after delivering its judgment in an appeal the Court should be regarded as functus officio
Functus officio
Functus officio, Latin for "having performed his office," is a legal term used to describe a public official, court, governing body, statute, or other legal instrument that retains no legal authority because his or its duties and functions have been completed...
, that is, it has fully "performed its office" and no longer has any legal power to act. However, in Yong Vui Kong the Court said:
A possible argument, which had not yet been posed to the Court, was that Article 93 of the Constitution, which vests the judicial power of Singapore in the Supreme Court, conferred on the Court of Appeal the power to reopen concluded appeals. Although judicial power is only exercisable when the court has jurisdiction in a matter, "where the SCJA [Supreme Court of Judicature Act] does not expressly state when its jurisdiction in a criminal appeal ends, there is no reason for this court to circumscribe its own jurisdiction to render itself incapable of correcting a miscarriage of justice at any time".
Determination of questions of law
If a person has been convicted by the High Court, the trial judge and the Public Prosecutor may reserve for the Court of Appeal's decision any questions of law that arose during the trial that would affect its outcome. Any other party to the proceedings may also apply for the trial judge to state a case on a question of law for the Court of Appeal's determination, and if the judge declines to do so the party may apply to the Court of Appeal to direct the trial judge to state a case. During a Subordinate Court trial, instead of applying for the trial judge to state a case for the High Court's opinion, a party to the proceedings may apply to the Court of Appeal for leave for a case to be stated directly to that Court.Upon a review of the case, the Court of Appeal will make a determination on the question and may then alter the sentence passed, pass a sentence, or give such judgment or make such order as it deems fit. The Court of Appeal exercises a similar power to determine questions of law reserved for its decision by the High Court or the Public Prosecutor after the High Court has heard an appeal from a Subordinate Court or has exercised its revisionary jurisdiction. Any question of law on which there is a conflict of judicial authority is deemed to be a question of public interest.
Judicial precedent
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
(judicial precedent) decisions of the Court of Appeal are binding on the High Court and Subordinate Courts. Even if judges in these courts disagree with the reasoning given by the Court of Appeal in particular cases, they are required to apply the legal principles laid down in those cases.
The Court of Appeal became Singapore's final appellate court following the abolition of all appeals to the Privy Council with effect from 8 April 1994. On 11 July that year, the Court handed down a practice statement declaring that it would regard itself free to depart from previous decisions of its own or of the Privy Council
The Court justified this new principle on the basis that "the political, social and economic circumstances of Singapore have changed enormously since Singapore became an independent and sovereign republic. The development of our law should reflect these changes and the fundamental values of Singapore society."
Where the President
President of Singapore
The President of the Republic of Singapore is Singapore's head of state. In a Westminster parliamentary system, as which Singapore governs itself, the prime minister is the head of the government while the position of president is largely ceremonial. Before 1993, the President of Singapore was...
has referred to the Constitution of the Republic of Singapore Tribunal
Constitution of the Republic of Singapore Tribunal
The Constitution of the Republic of Singapore Tribunal was established in 1994 pursuant to Article 100 of the Constitution of the Republic of Singapore...
a question concerning the Constitution
Constitution of Singapore
The Constitution of Singapore is the supreme law of Singapore and it is a codified constitution.The constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings . The president may seek opinion on constitutional issues...
's effect on a bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
, no court – including the Court of Appeal – may subsequently question the Tribunal's opinion on the bill or, assuming the bill is found to be constitutional, the validity of any law based on the bill.
See also
- High Court of SingaporeHigh Court of SingaporeThe High Court of the Republic of Singapore is the lower division of the Supreme Court of Singapore, the upper being the Court of Appeal. It consists of the Chief Justice of Singapore and the Judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload...
- Judicial officers of the Republic of SingaporeJudicial officers of the Republic of SingaporeThe judicial officers of the Republic of Singapore work in the Supreme Court and the Subordinate Courts to hear and determine disputes between litigants in civil cases and, in criminal matters, to determine the liability of accused persons and their sentences if they are convicted.In the Supreme...
- Judicial system of SingaporeJudicial system of SingaporeThe full Judicial power in Singapore is vested in the Supreme Court as well as subordinate courts by the Constitution of Singapore. The Supreme Court consists of the Court of Appeal and the High Court. The Court of Appeal exercises appellate criminal and civil jurisdiction, while the High Court...
- Law of SingaporeLaw of SingaporeThe legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes...
- Lawyers in SingaporeLawyers in SingaporeLawyers in Singapore are part of a fused profession, meaning that they may act as both a solicitor and as an advocate, although lawyers usually specialize in one of litigation, conveyancing or corporate law....
- Subordinate Courts of SingaporeSubordinate Courts of SingaporeThe Subordinate Courts of Singapore is one of the two tiers of the court system in Singapore, the other tier being the Supreme Court. The Subordinate Courts comprise the District and Magistrate Courts—both of which oversee civil and criminal matters—as well as specialised family, juvenile,...
- Supreme Court of Singapore
Other works
.- Yong Vui Kong v. Public Prosecutor [2010] 2 S.L.R. [Singapore Law Reports] 190, Court of Appeal (Singapore).