Supreme Court, Singapore
Encyclopedia
The Supreme Court of the Republic of Singapore is one of the two tiers of the court system
in Singapore
, the other tier being the Subordinate Courts
.
The Supreme Court consists of the Court of Appeal
and the High Court
and hears both civil and criminal matters. The Court of Appeal hears both civil and criminal appeals from the High Court. The Court of Appeal may also decide a point of law reserved for its decision by the High Court, as well as any point of law of public interest arising in the course of an appeal from a subordinate court to the High Court, which has been reserved by the High Court for the decision of the Court of Appeal.
The High Court's jurisdiction is as follows: generally, a civil case is commenced in the High Court if the subject matter of the claim exceeds S$250,000. Probate matters are dealt with in the High Court if the value of the estate exceeds S$3 million or if the case involves the resealing of a foreign grant. In addition, ancillary matters in family proceedings
involving assets of S$1.5 million or above are heard in the High Court.
Criminal cases involving offences which carry the death penalty and generally those punishable with imprisonment for a term exceeding ten years, are prosecuted in the High Court. Non-bailable offences are generally tried in the High Court. As a rule of thumb, the High Court in Singapore has inherent jusrisdiction to try all matters within Singapore.
), Singapore and Malacca
, which was established by the Second Charter of Justice, issued by the Crown
as letters patent
dated 27 November 1826. The Court was presided over by the Governor of the Straits Settlements
and Resident Councillor of the settlement where the court was to be held, and another judge called the Recorder
. The Third Charter of Justice of 12 August 1855 reorganized the Court, providing the Straits Settlements with two Recorders, one for Prince of Wales' Island and the other for Singapore and Malacca. Following the reconstitution of the Straits Settlements as a Crown colony
with effect from 1 April 1867, the Court of Judicature was replaced by the Supreme Court of the Straits Settlements. The Governor and Resident Councillors ceased to be judges of the Court. Further changes to the Court's constitution were made in 1873. It now consisted of two divisions – the Chief Justice and the Senior Puisne Judge
formed the Singapore and Malacca division of the Court, while the Judge of Penang and the Junior Puisne Judge formed the Penang division. The Supreme Court also received jurisdiction
to sit as an Court of Appeal
in civil matters
. In 1878 the jurisdiction and residence of judges was made more flexible, thus impliedly abolishing the geographical division of the Supreme Court. Appeals from decisions of the Supreme Court lay first to the Court of Appeal and then to the Queen-in-Council
, the latter appeals being heard by the Judicial Committee of the Privy Council
.
As a result of legislation passed in 1885, the Supreme Court consisted of the Chief Justice and three puisne judges. The Court was significantly altered in 1907. It now had two divisions, one exercising original civil and criminal jurisdiction
and the other appellate civil and criminal jurisdiction
.
During the Japanese occupation of Singapore
(1942–1945), all the courts that had operated under the British were replaced by new courts established by the Japanese Military Administration. The Syonan Koto-Hoin (Supreme Court) was formed on 29 May 1942; there was also a Court of Appeal, but it was never convened. Following the end of World War II
, the courts that had existed before the war were restored. 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 gained independence from the United Kingdom through merger with Malaysia in 1963. The judicial power of Malaysia was vested in a Federal Court
, a High Court in Malaya
, a High Court in Borneo
(now the High Court in Sabah
and Sarawak
), and a High Court in Singapore (which replaced the Supreme Court of the Colony of Singapore). Appeals lay from the High Court in Singapore to the Federal Court in Kuala Lumpur
, and then to the Privy Council. The merger did not last: in 1965 Singapore left the Federation of Malaysia and became an independent republic. However, the High Court remained part of the Federal Court structure until 1969, when Singapore enacted the Supreme Court of Judicature Act to regularize the judicial system. Coming into force on 9 January 1970, the Act declared that the Supreme Court of Singapore now consisted of the Court of Appeal, the Court of Criminal Appeal and the High Court. The Judicial Committee of the Privy Council
remained Singapore's highest appellate court until a permanent Court of Appeal
for both civil and criminal appeals was established. Appeals to the Privy Council were completely abolished in 1994.
vests the judicial power of Singapore
in the Supreme Court and the Subordinate Courts
. The Chief Justice
is the head of the judiciary.
The Supreme Court is a superior 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, and it hears appeal
s from these 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 Supreme Court Bench
consists of the Chief Justice, the Judges of Appeal, and Judges and Judicial Commissioner
s of the High Court. All members of the Bench are appointed by the President of Singapore
if he, acting in his discretion, concurs with the advice of the Prime Minister
. Before Judges of Appeal, High Court Judges and Judicial Commissioners are appointed, the Prime Minister must also consult the Chief Justice before tendering advice on the matter to the President. A person is qualified to be appointed a Judge if he or she has for an aggregate period of not less than ten years been a qualified person within the meaning of the Legal Profession Act or a member of the Singapore Legal Service
, or both.
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 ask High Court judges to sit as judges of the Court of Appeal to hear specific appeals. Pursuant to the Chief Justice's power to appoint Judges of Appeal as vice-presidents of the Court, Justice of Appeal Chao Hick Tin
has been Vice-President of the Court since 18 April 2008. The High Court consists of the Chief Justice and the Judges of the High Court, together with Judicial Commissioners who have the same powers and immunities as High Court Judges.
When hearing an appeal, the Court of Appeal normally sits with a bench of three Judges of Appeal, one of whom is the Chief Justice. If necessary though, such as in cases of unusual difficulty or importance, the bench may comprise five or any greater uneven number of judges. Certain appeals, including those against interlocutory orders
, may be heard by only two 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. Proceedings in the High Court are heard before a single judge, unless otherwise provided by any written law. A Judge of Appeal may also sit in the High Court as a Judge.
. In addition to their administrative responsibilities, registrars deal with certain types of court proceedings in chambers
, such as the assessment of damages, hearings of bankruptcy
petitions and applications, interlocutory matters and pre-trial conferences. Registrars are also appointed as district judges or magistrates, which enables them to conduct preliminary inquiries to determine whether there are enough grounds for trying accused persons for criminal offences in the High Court. The Registry is also staffed by commissioners for oaths, interpreters, clerks and process servers
. Justices' law clerks
, who work directly under the Chief Justice's charge, assist Judges and Judicial Commissioners with legal research, particularly for Court of Appeal matters.
. In general, the High Court and Court of Appeal 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 opening of each legal year is marked with a ceremony usually held on the first Saturday of January, though in 2011 it took place on the first Friday. In form it is a court hearing, though lawyers are not required to dress in court robes. During the ceremony, the Attorney-General
and the President of the Law Society of Singapore
deliver speeches. The Chief Justice then responds with his own speech, and also announces the names of advocates and solicitors appointed as Senior Counsel
. The speeches generally summarize legal developments over the past year and look forward to the future, and the Attorney-General and Law Society President traditionally pledge that legal officers and legal practitioners will continue to support the judiciary and co-operate with each other.
The Opening of the Legal Year ceremony can be traced back to the ceremonial opening of the first assizes of the year which was held in the 19th century when Singapore was managed by the East India Company
. The assizes
were periodic criminal courts held in Singapore. The ceremony ceased for some years but was revived in 1923. In that year the ceremony involved the Chief Justice inspecting a Sikh
guard of honour
commanded by a subedar
outside the Supreme Court, then being met by the Registrar, Deputy Registrar and Sheriff. The four gentlemen made their way to the Chief Justice's chambers in the courthouse, the route lined by police officers and members of the Bar. By 1926, the practice of attending a service at St. Andrew's Cathedral
prior to the honour guard inspection had been revived, and in 1955 it was reported that a service was also held at the Cathedral of the Good Shepherd
for Roman Catholic
judges and lawyers. Church services ceased to be an official part of the ceremony when Singapore joined the Federation of Malaysia in 1963, though members of the legal profession continued to attend special services in an unofficial capacity. Following Singapore's full independence in 1965, the ceremony became known as the Opening of the Legal Year. The ceremony was generally held on the first Monday in January following the end-of-year court vacation, but in 1971 for the first time it was held on the first Saturday in January to coincide with the inaugural Commonwealth Heads of Government Meeting
in Singapore. This set the trend for subsequent years. It appears that the parade by police officers during which Chief Justice inspected a guard of honour was abolished in the late 1960s or early 1970s.
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. 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.
With a few limited exceptions, the High Court has the jurisdiction to hear and try any action in personam
(that is, directed towards a particular person) where the defendant is served with a writ of summons
or other originating process in or outside Singapore, or where the defendant submits to the Court's jurisdiction. In theory, the Court has unlimited original jurisdiction – it can hear any type of case no matter how trivial or serious. In practice, though, parties may be penalized by having to pay higher costs (legal fees) if they choose to bring a civil case before the High Court when it is more appropriately dealt with by a subordinate court. Generally, except in probate
matters, a civil case must be commenced in the High Court if the value of the claim exceeds S$
250,000. Probate matters are commenced in the High Court only if the value of the deceased's estate exceeds $3 million, or if the case involves the resealing of a foreign grant of probate or letters of administration.
Admiralty
matters, bankruptcy proceedings and company winding-up
proceedings are exclusively heard by the High Court. The Court also exercises jurisdiction relating to divorce and matrimonial matters
; and to appoint and control the legal guardian
s of infants (minors) and mentally disordered persons, and make orders concerning their persons and property. However, matrimonial and guardianship proceedings have been transferred to the District Court, except for contested applications for the division of matrimonial assets worth $1.5 million or more which are still heard in the High Court. Proceedings under the Mental Capacity Act begun in the High Court on or after 1 March 2010 are also dealt with by district courts.
The High Court has jurisdiction to try all offences committed in Singapore and may also try offences committed outside Singapore in certain circumstances. In criminal cases, the High Court generally tries cases where the offences are punishable with death or imprisonment for a term which exceeds ten years. The High Court also hears appeals from the decisions of District Courts and Magistrates' Courts in civil and criminal cases, and decides points of law reserved in special cases submitted by a District Court or a Magistrate's Court. In addition, the High Court has general supervisory and revisionary jurisdiction over all subordinate courts in any civil or criminal matter.
be preserved by seizure
, detention, inspection, photographing, the taking of samples, the conduct of experiments or in any manner, both before and after proceedings are commenced; transfer any proceedings to any other court, or to or from any subordinate court; and order the medical examination of a person who is a party to any proceedings where his or her physical or mental condition is relevant to any matter in question in the proceedings. When hearing an appeal, the Court of Appeal 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".
The High Court has power to prohibit vexatious litigants
from bringing or continuing legal proceedings without its permission. The Attorney-General
must apply to the Court for such an order, and the Court must be satisfied that the person has "habitually and persistently and without any reasonable ground instituted vexatious legal proceedings, in any court or subordinate court, whether against the same person or against different persons".
and all officers of the Singapore Legal Service
are officers of the Supreme Court
. The Court therefore plays important roles in the admission of lawyers to the bar and their professional discipline.
Persons seeking to become advocates and solicitors must apply to the Supreme Court. An advocate
is a lawyer who appears in court on behalf of his or her client, while solicitor
s traditionally deal with non-contentious legal matters that do not require court appearances. As the legal profession in Singapore
is fused
, applicants are admitted to the bar as both advocates and solicitors, and may practise as either or both. Admission is in the discretion of the Court and subject to the requirements specified in the Legal Profession Act. The Act specifically provides that no person is disqualified by sex from being admitted and enrolled as an advocate and solicitor. Unless the Chief Justice orders otherwise, applications for admission as an advocate and solicitor are heard on the second Wednesday of each month except during court vacations. The Court generally arranges a "mass call" of advocates and solicitors on the last Saturday of May to cater to the large number of graduates from the Faculty of Law
of the National University of Singapore
and the School of Law of the Singapore Management University
completing their professional training and seeking admission to the bar at this time of year. Where a case is difficult and complex, the Court may admit on an ad hoc
basis a Queen's Counsel
who does not ordinarily reside in Singapore or Malaysia and who has special qualifications or experience to practise as an advocate and solicitor for the purpose of the case. Lawyers practising as advocates and solicitors, other than Queen's Counsel admitted ad hoc, are required to apply annually to the Registrar of the Supreme Court for a practising certificate.
Complaints about the conduct of advocates and solicitors may be referred by the Council of the Law Society of Singapore
to an inquiry panel appointed by the Chief Justice. The inquiry panel investigates the complaint and reports on the matter to the Council. The Council, on considering the report, may decide that no formal investigation is necessary, impose a penalty on the lawyer concerned, or apply to the Chief Justice for a disciplinary tribunal to be appointed to formally investigate the complaint. If a disciplinary tribunal is convened, it hears and investigates the matter and decides whether any disciplinary action against the lawyer is warranted. If not, it may dismiss the matter or impose a penalty appropriate to the misconduct. However, if it determines that disciplinary action is necessary, the Law Society must apply to the Supreme Court for the matter to be heard by a court of three judges, which has power to order that a lawyer be struck off the roll of advocates and solicitors, suspended from practice for not more than five years, fined up to $100,000, or censured.
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."
Decisions of the High Court are binding on District Courts and Magistrates' Courts. However, a judge of the High Court is not bound by previous decisions by other High Court judges. As a matter of comity
, though, a High Court judge will generally not depart from a previous decision unless there is a good reason to do so, particularly if that decision has stood for some time. If there are conflicting High Court decisions, it is up to the Court of Appeal to decide which decision is correct.
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.
the writer said that when he first arrived in Malaya seven years earlier he had been "astonished" to discover that judges and barristers did not don wigs, which he felt were "an important or necessary part of Court attire". Full-bottomed (long) horsehair
wigs were, however, worn on ceremonial occasions such as the opening of the assizes. Two judges were notable for habitually wearing wigs: Justice Earnshaw, who wore a full-bottomed one; and Walter Sidney Shaw, Chief Justice between 1921 and 1925, who wore a short bob-wig. Upon his retirement, Shaw C.J. said that he had introduced the custom of wearing his wig in court
From January 1934, judges began consistently wearing wigs in court, and most lawyers followed suit. There was, however, occasional criticism of the practice. The wearing of short wigs by lawyers was optional, and tended to be favoured by more senior lawyers.
At the Opening of the Legal Year on 5 January 1991, the Chief Justice Yong Pung How
announced that the Council of Judges had unanimously decided that the short wig would cease to be part of court dress for all judges and lawyers, including Queen's Counsel appearing in Singapore courts. However, judges would continue to wear full-bottomed wigs on ceremonial occasions. Two years later in 1993 the latter practice was itself done away with, the Chief Justice commenting that the judges' ceremonial red robes and full-bottomed wigs were "now considered by many to be inappropriate as court dress for Judges and Judicial Commissioners in an independent sovereign Singapore. These have in fact been the butt of more and more derisory comment."
In colonial times, a judge in Singapore dressed in a manner similar to some of his counterparts in the United Kingdom. He wore a long scarlet robe with a grey cape
or mantle
and a black scarf around his shoulders, a white wing-collared shirt, and bands
(a linen
collar made of two rectangular pieces tied at the throat). Subsequently, the ordinary and ceremonial dress worn by judges was adapted from two of the various forms of court dress of English courts. On 9 January 1993, at the Opening of the Legal Year, the Chief Justice announced that judges would henceforth wear a lightweight black robe over an ordinary white shirt with a turn-down collar and a tie. The difficulty of obtaining shirts with wing collars and the growing sense that the traditional gown was inappropriate for the judiciary of an independent republic were cited as reasons for this change. On ceremonial occasions such as the Opening of the Legal Year, Supreme Court judges wear red robes with a black strip around the collar and extending down the front of the robe. The black strip on the Chief Justice's robe is edged with gold.
Formerly, a lawyer appearing in open court would wear a dark suit, a shirt with a wing collar, bands, and an English barrister
's black robe. Women lawyers were required to wear skirts. With effect from 1993, the need for bands and wing-collared shirts was done away with. In open court, male lawyers are required to dress in "the existing gown worn over an ordinary long-sleeved white shirt with a turn-down collar, a tie of a subdued or sober colour, a dark jacket, dark trousers and black or plain coloured shoes". The instructions for the attire of female lawyers is similar, except that they must wear "a long-sleeved white blouse high to the neck" and must avoid "[c]onspicuous jewellery or ornaments". They may either wear a skirt or trousers. Gowns need not be worn when appearing before judges and registrars in chambers. Senior counsel may wear "a gown in the design of those worn by Queen's Counsel
of England and Wales" made of silk, a silk and wool mix, or artificial silk.
. It was built in 1827 as a residence for a merchant named John Argyle Maxwell, but he opted to rent it to the colonial government for a rent of 500 Indian rupees a month for 15 years. A central room on the upper floor facing High Street was used by the Court of Judicature of Prince of Wales' Island, Singapore, and Malacca, while other rooms were used as government offices. In 1839, the court moved to a newly built one-storey annexe adjacent to Maxwell House so that the latter could be used entirely by the colonial government. Maxwell eventually sold the building to Sir George Bonham, Governor of the Straits Settlements, and the East India Company
on 10 October 1842 for 15,600 Spanish dollar
s. However, the Maxwell House annexe proved to be unsuitable as a courthouse due to noise from a nearby shipbuilding yard. A new courthouse by the Singapore River
was built in 1865. This building now forms the central core of the Empress Place Building
which is occupied by the Asian Civilisations Museum
. The courthouse was occupied by the court till 1875, when it moved into a new extension wing of Maxwell House. Maxwell House was eventually taken over by the legislature in 1954.
Construction on a new courthouse, now called the Old Supreme Court Building, began in 1937 on the site of the Grand Hotel de L'Europe on Saint Andrew's Road opposite the Padang
. On 1 April 1937 the building's foundation stone – then the largest in Malaya
– was laid by the Governor, Sir Shenton Thomas
. Beneath the stone were placed six Singapore newspapers dated 31 March 1937 and some Straits Settlements coins; this time capsule
is due to be retrieved in the year 3000. The Supreme Court Building was declared open by the Governor on 3 August 1939 and handed over to the Chief Justice Sir Percy McElwaine
. Originally, the courthouse had four courts; another seven were added over the years. As this proved insufficient because of the Supreme Court's burgeoning caseload, at Chief Justice Wee Chong Jin
's direction six additional courtrooms were constructed in the City Hall Building
next door in 1986, and another six in 1988.
The present Supreme Court Building at 1 Supreme Court Lane (formerly Colombo Court) behind the old building was constructed between 2002 and 2005. Occupying 72000 square metres (86,111.3 sq yd), it was designed by British architectural firm Foster and Partners
and local architectural consultants CPG Corporation
. The building is clad in translucent sheets of Portuguese rosa aurora marble. The liberal use of glass in atria
, skylights and lift shafts, and the open layout of the building, are said to signify the ideal of transparency in the law. Operations in the building started on 20 June 2005, the first hearings took place on 27 June, and the building was officially opened by President
S.R. Nathan at the Opening of the Legal Year ceremony on 7 January 2006. There are 12 civil courts, eight criminal courts and three appellate courts. High Court hearings take place in courtrooms on the second through sixth storeys, while the Court of Appeal is on the ninth storey, the highest level, in a disc-shaped structure that is a modern interpretation of the Old Supreme Court Building's dome and is intended to represent the impartiality of justice.
Judicial system of Singapore
The 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...
in 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 other tier being 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,...
.
The Supreme Court consists of the Court of Appeal
Court of Appeal of Singapore
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...
and 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...
and hears both civil and criminal matters. The Court of Appeal hears both civil and criminal appeals from the High Court. The Court of Appeal may also decide a point of law reserved for its decision by the High Court, as well as any point of law of public interest arising in the course of an appeal from a subordinate court to the High Court, which has been reserved by the High Court for the decision of the Court of Appeal.
The High Court's jurisdiction is as follows: generally, a civil case is commenced in the High Court if the subject matter of the claim exceeds S$250,000. Probate matters are dealt with in the High Court if the value of the estate exceeds S$3 million or if the case involves the resealing of a foreign grant. In addition, ancillary matters in family proceedings
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
involving assets of S$1.5 million or above are heard in the High Court.
Criminal cases involving offences which carry the death penalty and generally those punishable with imprisonment for a term exceeding ten years, are prosecuted in the High Court. Non-bailable offences are generally tried in the High Court. As a rule of thumb, the High Court in Singapore has inherent jusrisdiction to try all matters within Singapore.
History
The earliest predecessor of the Supreme Court was the Court of Judicature of Prince of Wales' Island (now PenangPenang
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...
, which was established by the Second Charter of Justice, issued by the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
as letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
dated 27 November 1826. The Court was presided over by the Governor 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 Resident Councillor of the settlement where the court was to be held, and another judge called the Recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
. The Third Charter of Justice of 12 August 1855 reorganized the Court, providing the Straits Settlements with two Recorders, one for Prince of Wales' Island and the other for Singapore and Malacca. Following the reconstitution of the Straits Settlements as 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....
with effect from 1 April 1867, the Court of Judicature was replaced by the Supreme Court of the Straits Settlements. The Governor and Resident Councillors ceased to be judges of the Court. Further changes to the Court's constitution were made in 1873. It now consisted of two divisions – the Chief Justice and the Senior Puisne Judge
Puisne Justice
A Puisne Justice or Puisne Judge is the title for a regular member of a Court. This is distinguished from the head of the Court who is known as the Chief Justice or Chief Judge. The term is used almost exclusively in common law jurisdictions such as England, Australia, Kenya, Canada, Sri Lanka,...
formed the Singapore and Malacca division of the Court, while the Judge of Penang and the Junior Puisne Judge formed the Penang division. The Supreme Court also received 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 sit as an Court of Appeal
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...
in civil matters
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...
. In 1878 the jurisdiction and residence of judges was made more flexible, thus impliedly abolishing the geographical division of the Supreme Court. Appeals from decisions of the Supreme Court lay first to the Court of Appeal and then to the Queen-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...
, the latter appeals being heard 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...
.
As a result of legislation passed in 1885, the Supreme Court consisted of the Chief Justice and three puisne judges. The Court was significantly altered in 1907. It now had two divisions, one exercising original civil and criminal 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:...
and the other appellate civil and criminal 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...
.
During 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...
(1942–1945), all the courts that had operated under the British were replaced by new courts established by the Japanese Military Administration. The Syonan Koto-Hoin (Supreme Court) was formed on 29 May 1942; there was also a Court of Appeal, but it was never convened. Following the end of 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...
, the courts that had existed before the war were restored. 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 gained independence from the United Kingdom through merger with Malaysia in 1963. The judicial power of Malaysia was vested in a Federal Court
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...
, a High Court in Malaya
High Courts of Malaysia
The High Courts in Malaysia are the third-highest courts in the hierarchy of courts, after the Federal Court and the Court of Appeal. Article 121 of the Constitution of Malaysia provides that there shall be two High Courts of coordinate jurisdiction—the High Court in Malaya and the High Court...
, a High Court in Borneo
Borneo
Borneo is the third largest island in the world and is located north of Java Island, Indonesia, at the geographic centre of Maritime Southeast Asia....
(now the High Court in Sabah
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
and Sarawak
Sarawak
Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...
), and a High Court in Singapore (which replaced the Supreme Court of the Colony of Singapore). Appeals lay from the High Court in Singapore to the Federal Court 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...
, and then to the Privy Council. The merger did not last: in 1965 Singapore left the Federation of Malaysia and became an independent republic. However, the High Court remained part of the Federal Court structure until 1969, when Singapore enacted the Supreme Court of Judicature Act to regularize the judicial system. Coming into force on 9 January 1970, the Act declared that the Supreme Court of Singapore now consisted of the Court of Appeal, the Court of Criminal Appeal and the High Court. 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...
remained Singapore's highest appellate court until a permanent Court of Appeal
Court of Appeal of Singapore
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...
for both civil and criminal appeals was established. Appeals to the Privy Council were completely abolished in 1994.
Constitution of the Court
Article 93 of the Constitution of the Republic of SingaporeConstitution 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...
vests the judicial power 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...
in the Supreme Court and 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,...
. 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....
is the head of the judiciary.
The Supreme Court is a superior court
Superior 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, 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 these courts. As a court of record, it keeps a perpetual record of its proceedings. The Court of Appeal
Court of Appeal of Singapore
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...
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...
.
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...
consists of the Chief Justice, the Judges of Appeal, and Judges and Judicial Commissioner
Judicial Commissioner
A Judicial Commissioner in Singapore is appointed to the Supreme Court by the President of Singapore on the advice of the Prime Minister, and has the powers of a Judge. A person may be appointed a Judicial Commissioner if he/she has been a "qualified person" within the meaning of section 2 of the...
s of the High Court. All members of the Bench are appointed by the President of Singapore
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...
if he, acting in his discretion, concurs with the advice of the Prime Minister
Prime Minister of Singapore
The Prime Minister of the Republic of Singapore is the head of the government of the Republic of Singapore. The President of Singapore appoints as Prime Minister a Member of Parliament who, in his opinion, is most likely to command the confidence of a majority of MPs.The office of Prime Minister...
. Before Judges of Appeal, High Court Judges and Judicial Commissioners are appointed, the Prime Minister must also consult the Chief Justice before tendering advice on the matter to the President. A person is qualified to be appointed a Judge if he or she has for an aggregate period of not less than ten years been a qualified person within the meaning of the Legal Profession Act or a member of the Singapore Legal Service
Singapore Legal Service
The Singapore Legal Service is the collective body of lawyers who serve in the courts, the Attorney-General's Chambers, and the legal departments of various government ministries and statutory boards in Singapore...
, or both.
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 ask High Court judges to sit as judges of the Court of Appeal to hear specific appeals. Pursuant to the Chief Justice's power to appoint Judges of Appeal as vice-presidents of the Court, Justice of Appeal 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...
has been Vice-President of the Court since 18 April 2008. The High Court consists of the Chief Justice and the Judges of the High Court, together with Judicial Commissioners who have the same powers and immunities as High Court Judges.
When hearing an appeal, the Court of Appeal normally sits with a bench of three Judges of Appeal, one of whom is the Chief Justice. If necessary though, such as in cases of unusual difficulty or importance, the bench may comprise five or any greater uneven number of judges. Certain appeals, including those 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...
, may be heard by only two 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. Proceedings in the High Court are heard before a single judge, unless otherwise provided by any written law. A Judge of Appeal may also sit in the High Court as a Judge.
Administration
Administration of the Supreme Court is managed by its registry, which handles matters such as receiving and storing court documents filed in the court, and ensuring they are transmitted to judges for use during hearings. The Registry is headed by the Registrar who is assisted by the Deputy Registrar, Senior Assistant Registrars and Assistant Registrars. These officers are appointed by the President on the Chief Justice's recommendation, and are members of the Judicial Branch of the Singapore Legal ServiceSingapore Legal Service
The Singapore Legal Service is the collective body of lawyers who serve in the courts, the Attorney-General's Chambers, and the legal departments of various government ministries and statutory boards in Singapore...
. In addition to their administrative responsibilities, registrars deal with certain types of court proceedings in chambers
In camera
In camera is a legal term meaning "in private". It is also sometimes termed in chambers or in curia.In camera describes court cases that the public and press are not admitted to...
, such as the assessment of damages, hearings of bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
petitions and applications, interlocutory matters and pre-trial conferences. Registrars are also appointed as district judges or magistrates, which enables them to conduct preliminary inquiries to determine whether there are enough grounds for trying accused persons for criminal offences in the High Court. The Registry is also staffed by commissioners for oaths, interpreters, clerks and process servers
Service of process
Service of process is the procedure employed to give legal notice to a person of a court or administrative body's exercise of its jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body or other tribunal...
. Justices' law clerks
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
, who work directly under the Chief Justice's charge, assist Judges and Judicial Commissioners with legal research, particularly for Court of Appeal matters.
Calendar
The Chief Justice is empowered to determine the sitting times of the High Court and the Court of Appeal and the distribution of business among judges, and to schedule vacations of the Supreme Court not exceeding two months in each calendar yearCalendar year
Generally speaking, a calendar year begins on the New Year's Day of the given calendar system and ends on the day before the following New Year's Day. By convention, a calendar year consists of a natural number of days. To reconcile the calendar year with an astronomical cycle , certain years...
. In general, the High Court and Court of Appeal 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 opening of each legal year is marked with a ceremony usually held on the first Saturday of January, though in 2011 it took place on the first Friday. In form it is a court hearing, though lawyers are not required to dress in court robes. During the ceremony, the Attorney-General
Attorney-General of Singapore
The Attorney-General of Singapore is the legal adviser to the government of the Republic of Singapore and its public prosecutor.The office was founded in 1867 as the chief legal officer of the British crown colony of the Straits Settlements. The current requirements for appointment as...
and the President of the Law Society of Singapore
Law Society of Singapore
The Law Society of Singapore is the organisation that represents all lawyers in Singapore. It publishes the Law Gazette and operates a scheme for needy people to benefit from legal services free-of-charge. The Society also sets out rules for how lawyers should advertise. The Law Society is...
deliver speeches. The Chief Justice then responds with his own speech, and also announces the names of advocates and solicitors appointed as Senior Counsel
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
. The speeches generally summarize legal developments over the past year and look forward to the future, and the Attorney-General and Law Society President traditionally pledge that legal officers and legal practitioners will continue to support the judiciary and co-operate with each other.
The Opening of the Legal Year ceremony can be traced back to the ceremonial opening of the first assizes of the year which was held in the 19th century when Singapore was managed by the East India Company
East India Company
The East India Company was an early English joint-stock company that was formed initially for pursuing trade with the East Indies, but that ended up trading mainly with the Indian subcontinent and China...
. The assizes
Assizes
Assize or Assizes may refer to:Assize or Assizes may refer to:Assize or Assizes may refer to::;in common law countries :::*assizes , an obsolete judicial inquest...
were periodic criminal courts held in Singapore. The ceremony ceased for some years but was revived in 1923. In that year the ceremony involved the Chief Justice inspecting a Sikh
Sikh
A Sikh is a follower of Sikhism. It primarily originated in the 15th century in the Punjab region of South Asia. The term "Sikh" has its origin in Sanskrit term शिष्य , meaning "disciple, student" or शिक्ष , meaning "instruction"...
guard of honour
Guard of honour
A guard of honour is a ceremonial event practice in military and sports as a mark of respect.-Military:In the military a guard of honour is a ceremonial practice to honour visiting foreign dignitaries, or the fallen in war, or a ceremony for public figures who have died.The commander is three paces...
commanded by a subedar
Subedar
Subedar is a historical rank in the Indian Army, ranking below British commissioned officers and above non-commissioned officers. The rank was otherwise equivalent to a British lieutenant and was introduced in the East India Company's presidency armies, to make it easier for British officers to...
outside the Supreme Court, then being met by the Registrar, Deputy Registrar and Sheriff. The four gentlemen made their way to the Chief Justice's chambers in the courthouse, the route lined by police officers and members of the Bar. By 1926, the practice of attending a service at St. Andrew's Cathedral
St Andrew's Cathedral, Singapore
Saint Andrew's Cathedral is an Anglican cathedral in Singapore, the country's largest cathedral. It is located near City Hall MRT Interchange in the Downtown Core, within the Central Area in Singapore's central business district. It is the Cathedral church of the Anglican Diocese of Singapore and...
prior to the honour guard inspection had been revived, and in 1955 it was reported that a service was also held at the Cathedral of the Good Shepherd
Cathedral of the Good Shepherd
The Cathedral of the Good Shepherd is the oldest Roman Catholic church in Singapore. It is located in the Museum Planning Area within the Civic District and affords a welcome respite from the city....
for Roman Catholic
Roman Catholicism in Singapore
Roman Catholicism is practiced by about 4.6% of Singapore's populace, or about 210,000 people. Roman Catholicism is practiced by people of Chinese and Eurasian descent, along with a Filipino, Indian and European minority.- History :...
judges and lawyers. Church services ceased to be an official part of the ceremony when Singapore joined the Federation of Malaysia in 1963, though members of the legal profession continued to attend special services in an unofficial capacity. Following Singapore's full independence in 1965, the ceremony became known as the Opening of the Legal Year. The ceremony was generally held on the first Monday in January following the end-of-year court vacation, but in 1971 for the first time it was held on the first Saturday in January to coincide with the inaugural Commonwealth Heads of Government Meeting
Commonwealth Heads of Government Meeting
The Commonwealth Heads of Government Meeting, , is a biennial summit meeting of the heads of government from all Commonwealth nations. Every two years the meeting is held in a different member state, and is chaired by that nation's respective Prime Minister or President, who becomes the...
in Singapore. This set the trend for subsequent years. It appears that the parade by police officers during which Chief Justice inspected a guard of honour was abolished in the late 1960s or early 1970s.
Court of Appeal
The Court of Appeal exercises only appellate jurisdictionAppellate 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 and criminal 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 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. 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.
High Court
The High Court hears both criminal and civil cases as a court of first instance – it can deal with trials of matters coming before the courts for the first time. A special aspect of the Court's original jurisdiction is its judicial review jurisdiction. The Court exercises two types of judicial review: judicial review under the Constitution of Singapore, and judicial review of administrative acts.With a few limited exceptions, the High Court has the jurisdiction to hear and try any action in personam
In personam
In personam is a Latin phrase meaning "directed toward a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint to give the court jurisdiction to try the case, and the judgment applies to that person and is called...
(that is, directed towards a particular person) where the defendant is served with a writ 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 other originating process in or outside Singapore, or where the defendant submits to the Court's jurisdiction. In theory, the Court has unlimited original jurisdiction – it can hear any type of case no matter how trivial or serious. In practice, though, parties may be penalized by having to pay higher costs (legal fees) if they choose to bring a civil case before the High Court when it is more appropriately dealt with by a subordinate court. Generally, except in probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
matters, a civil case must be commenced in the High Court if the value of the claim exceeds 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. Probate matters are commenced in the High Court only if the value of the deceased's estate exceeds $3 million, or if the case involves the resealing of a foreign grant of probate or letters of administration.
Admiralty
Admiralty law
Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans...
matters, bankruptcy proceedings and company winding-up
Liquidation
In law, liquidation is the process by which a company is brought to an end, and the assets and property of the company redistributed. Liquidation is also sometimes referred to as winding-up or dissolution, although dissolution technically refers to the last stage of liquidation...
proceedings are exclusively heard by the High Court. The Court also exercises jurisdiction relating to divorce and matrimonial matters
Matrimonial law of Singapore
The Matrimonial Law of Singapore is governed by two acts, the Muslim Marriages act which falls under the Administration of Muslim Law Act whereas the other is under the Women's Charter...
; and to appoint and control the legal guardian
Legal guardian
A legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
s of infants (minors) and mentally disordered persons, and make orders concerning their persons and property. However, matrimonial and guardianship proceedings have been transferred to the District Court, except for contested applications for the division of matrimonial assets worth $1.5 million or more which are still heard in the High Court. Proceedings under the Mental Capacity Act begun in the High Court on or after 1 March 2010 are also dealt with by district courts.
The High Court has jurisdiction to try all offences committed in Singapore and may also try offences committed outside Singapore in certain circumstances. In criminal cases, the High Court generally tries cases where the offences are punishable with death or imprisonment for a term which exceeds ten years. The High Court also hears appeals from the decisions of District Courts and Magistrates' Courts in civil and criminal cases, and decides points of law reserved in special cases submitted by a District Court or a Magistrate's Court. In addition, the High Court has general supervisory and revisionary jurisdiction over all subordinate courts in any civil or criminal matter.
General
The High Court exercises powers that are vested in it by written law. It may, for instance, order that evidenceEvidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
be preserved by seizure
Search and seizure
Search and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Some countries have...
, detention, inspection, photographing, the taking of samples, the conduct of experiments or in any manner, both before and after proceedings are commenced; transfer any proceedings to any other court, or to or from any subordinate court; and order the medical examination of a person who is a party to any proceedings where his or her physical or mental condition is relevant to any matter in question in the proceedings. When hearing an appeal, the Court of Appeal 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".
The High Court has power to prohibit vexatious litigants
Vexatious litigation
Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a...
from bringing or continuing legal proceedings without its permission. The Attorney-General
Attorney-General of Singapore
The Attorney-General of Singapore is the legal adviser to the government of the Republic of Singapore and its public prosecutor.The office was founded in 1867 as the chief legal officer of the British crown colony of the Straits Settlements. The current requirements for appointment as...
must apply to the Court for such an order, and the Court must be satisfied that the person has "habitually and persistently and without any reasonable ground instituted vexatious legal proceedings, in any court or subordinate court, whether against the same person or against different persons".
Regulation of lawyers
All advocates and solicitors admitted to the barBar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
and all officers of the Singapore Legal Service
Singapore Legal Service
The Singapore Legal Service is the collective body of lawyers who serve in the courts, the Attorney-General's Chambers, and the legal departments of various government ministries and statutory boards in Singapore...
are officers of the Supreme Court
Officer of the court
The generic term officer of the court applies to all those who, in some degree in function of their professional or similar qualifications, have a legal part—and hence legal and deontological obligations—in the complex functioning of the judicial system as a whole, in order to forge justice out of...
. The Court therefore plays important roles in the admission of lawyers to the bar and their professional discipline.
Persons seeking to become advocates and solicitors must apply to the Supreme Court. An advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
is a lawyer who appears in court on behalf of his or her client, while solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s traditionally deal with non-contentious legal matters that do not require court appearances. As the legal profession in Singapore
Lawyers in Singapore
Lawyers 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....
is fused
Fused profession
Fused profession is a term relating to jurisdictions where the legal profession is not divided between barristers and solicitors.It is generally used in the context of Commonwealth countries which have provided by statute for there to be a single profession of "Barrister and Solicitor".In practice,...
, applicants are admitted to the bar as both advocates and solicitors, and may practise as either or both. Admission is in the discretion of the Court and subject to the requirements specified in the Legal Profession Act. The Act specifically provides that no person is disqualified by sex from being admitted and enrolled as an advocate and solicitor. Unless the Chief Justice orders otherwise, applications for admission as an advocate and solicitor are heard on the second Wednesday of each month except during court vacations. The Court generally arranges a "mass call" of advocates and solicitors on the last Saturday of May to cater to the large number of graduates from the Faculty of Law
National University of Singapore Faculty of Law
The National University of Singapore, Faculty of Law is the older of Singapore's two law schools. The Faculty was initially established as the Department of Law in the then University of Malaya in 1956, with the first batch of students matriculating in the following year...
of the National University of Singapore
National University of Singapore
The National University of Singapore is Singapore's oldest university. It is the largest university in the country in terms of student enrollment and curriculum offered....
and the School of Law of the Singapore Management University
Singapore Management University
The Singapore Management University was officially incorporated on January 12, 2000, and was Singapore's first private university funded by the government...
completing their professional training and seeking admission to the bar at this time of year. Where a case is difficult and complex, the Court may admit on an ad hoc
Ad hoc
Ad hoc is a Latin phrase meaning "for this". It generally signifies a solution designed for a specific problem or task, non-generalizable, and not intended to be able to be adapted to other purposes. Compare A priori....
basis a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
who does not ordinarily reside in Singapore or Malaysia and who has special qualifications or experience to practise as an advocate and solicitor for the purpose of the case. Lawyers practising as advocates and solicitors, other than Queen's Counsel admitted ad hoc, are required to apply annually to the Registrar of the Supreme Court for a practising certificate.
Complaints about the conduct of advocates and solicitors may be referred by the Council of the Law Society of Singapore
Law Society of Singapore
The Law Society of Singapore is the organisation that represents all lawyers in Singapore. It publishes the Law Gazette and operates a scheme for needy people to benefit from legal services free-of-charge. The Society also sets out rules for how lawyers should advertise. The Law Society is...
to an inquiry panel appointed by the Chief Justice. The inquiry panel investigates the complaint and reports on the matter to the Council. The Council, on considering the report, may decide that no formal investigation is necessary, impose a penalty on the lawyer concerned, or apply to the Chief Justice for a disciplinary tribunal to be appointed to formally investigate the complaint. If a disciplinary tribunal is convened, it hears and investigates the matter and decides whether any disciplinary action against the lawyer is warranted. If not, it may dismiss the matter or impose a penalty appropriate to the misconduct. However, if it determines that disciplinary action is necessary, the Law Society must apply to the Supreme Court for the matter to be heard by a court of three judges, which has power to order that a lawyer be struck off the roll of advocates and solicitors, suspended from practice for not more than five years, fined up to $100,000, or censured.
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."
Decisions of the High Court are binding on District Courts and Magistrates' Courts. However, a judge of the High Court is not bound by previous decisions by other High Court judges. As a matter of comity
Comity
In law, comity specifically refers to legal reciprocity—the principle that one jurisdiction will extend certain courtesies to other nations , particularly by recognizing the validity and effect of their executive, legislative, and judicial acts...
, though, a High Court judge will generally not depart from a previous decision unless there is a good reason to do so, particularly if that decision has stood for some time. If there are conflicting High Court decisions, it is up to the Court of Appeal to decide which decision is correct.
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.
Wigs
Up to the early 20th century wigs were not consistently worn in court by judges in Singapore, apparently due to the hot climate – in a letter of 13 February 1934 to The Straits TimesThe Straits Times
The Straits Times is an English language daily broadsheet newspaper based in Singapore currently owned by Singapore Press Holdings . It is the country's highest-selling paper, with a current daily circulation of nearly 400,000...
the writer said that when he first arrived in Malaya seven years earlier he had been "astonished" to discover that judges and barristers did not don wigs, which he felt were "an important or necessary part of Court attire". Full-bottomed (long) horsehair
Horsehair
Horsehair is the long, coarse hair growing on the manes and tails of horses. It is used for various purposes, including upholstery, brushes, the bows of musical instruments, a hard-wearing fabric called haircloth, and for horsehair plaster, a wallcovering material formerly used in the construction...
wigs were, however, worn on ceremonial occasions such as the opening of the assizes. Two judges were notable for habitually wearing wigs: Justice Earnshaw, who wore a full-bottomed one; and Walter Sidney Shaw, Chief Justice between 1921 and 1925, who wore a short bob-wig. Upon his retirement, Shaw C.J. said that he had introduced the custom of wearing his wig in court
From January 1934, judges began consistently wearing wigs in court, and most lawyers followed suit. There was, however, occasional criticism of the practice. The wearing of short wigs by lawyers was optional, and tended to be favoured by more senior lawyers.
At the Opening of the Legal Year on 5 January 1991, the Chief Justice Yong Pung How
Yong Pung How
Yong Pung How, DUT . He was the former Chief Justice of Singapore, serving from 1990 to 2006. Prior to his judicial career, he was a lawyer, banker and senior government official...
announced that the Council of Judges had unanimously decided that the short wig would cease to be part of court dress for all judges and lawyers, including Queen's Counsel appearing in Singapore courts. However, judges would continue to wear full-bottomed wigs on ceremonial occasions. Two years later in 1993 the latter practice was itself done away with, the Chief Justice commenting that the judges' ceremonial red robes and full-bottomed wigs were "now considered by many to be inappropriate as court dress for Judges and Judicial Commissioners in an independent sovereign Singapore. These have in fact been the butt of more and more derisory comment."
Robes
Cape
Cape can be used to describe any sleeveless outer garment, such as a poncho, but usually it is a long garment that covers only the back half of the wearer, fastening around the neck. They were common in medieval Europe, especially when combined with a hood in the chaperon, and have had periodic...
or mantle
Mantle (clothing)
A mantle is a type of loose garment usually worn over indoor clothing to serve the same purpose as an overcoat...
and a black scarf around his shoulders, a white wing-collared shirt, and bands
Bands (neckwear)
Bands are a form of formal neckwear, worn by some clergy and lawyers, and with some forms of academic dress. They take the form of two oblong pieces of cloth, usually though not invariably white, which are tied to the neck. Bands is usually plural because they require two similar parts and did not...
(a linen
Linen
Linen is a textile made from the fibers of the flax plant, Linum usitatissimum. Linen is labor-intensive to manufacture, but when it is made into garments, it is valued for its exceptional coolness and freshness in hot weather....
collar made of two rectangular pieces tied at the throat). Subsequently, the ordinary and ceremonial dress worn by judges was adapted from two of the various forms of court dress of English courts. On 9 January 1993, at the Opening of the Legal Year, the Chief Justice announced that judges would henceforth wear a lightweight black robe over an ordinary white shirt with a turn-down collar and a tie. The difficulty of obtaining shirts with wing collars and the growing sense that the traditional gown was inappropriate for the judiciary of an independent republic were cited as reasons for this change. On ceremonial occasions such as the Opening of the Legal Year, Supreme Court judges wear red robes with a black strip around the collar and extending down the front of the robe. The black strip on the Chief Justice's robe is edged with gold.
Formerly, a lawyer appearing in open court would wear a dark suit, a shirt with a wing collar, bands, and an English barrister
Barristers in England and Wales
Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. -Origin of the profession:The work of senior legal professionals in England and Wales...
's black robe. Women lawyers were required to wear skirts. With effect from 1993, the need for bands and wing-collared shirts was done away with. In open court, male lawyers are required to dress in "the existing gown worn over an ordinary long-sleeved white shirt with a turn-down collar, a tie of a subdued or sober colour, a dark jacket, dark trousers and black or plain coloured shoes". The instructions for the attire of female lawyers is similar, except that they must wear "a long-sleeved white blouse high to the neck" and must avoid "[c]onspicuous jewellery or ornaments". They may either wear a skirt or trousers. Gowns need not be worn when appearing before judges and registrars in chambers. Senior counsel may wear "a gown in the design of those worn by Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
of England and Wales" made of silk, a silk and wool mix, or artificial silk.
Supreme Court Building
The first courthouse in Singapore was the building known previously as Maxwell House and today as the Arts House at the Old ParliamentOld Parliament House, Singapore
The Old Parliament House, now known as the Arts House at the Old Parliament, is a building in Singapore. It is currently a multi-disciplinary arts venue which plays host to art exhibitions and concerts. The building was formerly home to the Parliament of Singapore from 1965 to 1999, when it moved...
. It was built in 1827 as a residence for a merchant named John Argyle Maxwell, but he opted to rent it to the colonial government for a rent of 500 Indian rupees a month for 15 years. A central room on the upper floor facing High Street was used by the Court of Judicature of Prince of Wales' Island, Singapore, and Malacca, while other rooms were used as government offices. In 1839, the court moved to a newly built one-storey annexe adjacent to Maxwell House so that the latter could be used entirely by the colonial government. Maxwell eventually sold the building to Sir George Bonham, Governor of the Straits Settlements, and the East India Company
East India Company
The East India Company was an early English joint-stock company that was formed initially for pursuing trade with the East Indies, but that ended up trading mainly with the Indian subcontinent and China...
on 10 October 1842 for 15,600 Spanish dollar
Spanish dollar
The Spanish dollar is a silver coin, of approximately 38 mm diameter, worth eight reales, that was minted in the Spanish Empire after a Spanish currency reform in 1497. Its purpose was to correspond to the German thaler...
s. However, the Maxwell House annexe proved to be unsuitable as a courthouse due to noise from a nearby shipbuilding yard. A new courthouse by the Singapore River
Singapore River
The Singapore River is a river in Singapore with great historical importance. The Singapore River flows from the Central Area, which lies in the Central Region in the southern part of Singapore before emptying into the ocean...
was built in 1865. This building now forms the central core of the Empress Place Building
Empress Place Building
The Empress Place Building is a historic building in Singapore, located on the north bank of the Singapore River in the Downtown Core, within the Central Area in Singapore's central business district. The building is currently the second wing of the Asian Civilisations Museum...
which is occupied by the Asian Civilisations Museum
Asian Civilisations Museum
The Asian Civilisations Museum is an institution which forms a part of the three museums of the National Museum of Singapore. It is one of the pioneering museums in the region to specialise in pan-Asian cultures and civilisations...
. The courthouse was occupied by the court till 1875, when it moved into a new extension wing of Maxwell House. Maxwell House was eventually taken over by the legislature in 1954.
Construction on a new courthouse, now called the Old Supreme Court Building, began in 1937 on the site of the Grand Hotel de L'Europe on Saint Andrew's Road opposite the Padang
Padang, Singapore
The Padang is an open field located within the Downtown Core of the Central Area in Singapore, at the heart of Singapore's central business district. It was formerly known as the Padang Cricket Ground...
. On 1 April 1937 the building's foundation stone – then the largest in Malaya
British Malaya
British Malaya loosely described a set of states on the Malay Peninsula and the Island of Singapore that were brought under British control between the 18th and the 20th centuries...
– was laid by the Governor, Sir Shenton Thomas
Shenton Thomas
Sir Thomas Shenton Whitelegge Thomas, GCMG, GCStJ was the last Governor of the Straits Settlements, 1934–1942 during which time World War II began. He died at age 82...
. Beneath the stone were placed six Singapore newspapers dated 31 March 1937 and some Straits Settlements coins; this time capsule
Time capsule
A time capsule is an historic cache of goods or information, usually intended as a method of communication with future people and to help future archaeologists, anthropologists, or historians...
is due to be retrieved in the year 3000. The Supreme Court Building was declared open by the Governor on 3 August 1939 and handed over to the Chief Justice Sir Percy McElwaine
Percy McElwaine
Sir Percy Alexander McElwaine Kt, LL.D, KC was born on the 21st of September 1884 in Roscommon, Ireland.Educated at Campbell College, Belfast and Trinity College Dublin. Irish bar in 1908, Alberta bar in 1913. First World War temporary lieutenant in the Royal Irish Rifles. Coroner in Kenya. Kings...
. Originally, the courthouse had four courts; another seven were added over the years. As this proved insufficient because of the Supreme Court's burgeoning caseload, at Chief Justice Wee Chong Jin
Wee Chong Jin
Wee Chong Jin was born in Penang to parents Wee Gim Puay and Lim Paik Yew. He received his early education at the Penang Free School, and read law at St John's College, Cambridge...
's direction six additional courtrooms were constructed in the 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...
next door in 1986, and another six in 1988.
Foster and Partners
Foster + Partners is an architectural firm based in London. The practice is led by its founder and Chairman, Norman Foster, and has constructed many high-profile glass-and-steel buildings....
and local architectural consultants CPG Corporation
CPG Corporation
The CPG Corporation is a leading infrastructure and building development company in Singapore which constructs and maintain public infrastructure in Singapore such as government buildings, and many more.-History:...
. The building is clad in translucent sheets of Portuguese rosa aurora marble. The liberal use of glass in atria
Atrium (architecture)
In modern architecture, an atrium is a large open space, often several stories high and having a glazed roof and/or large windows, often situated within a larger multistory building and often located immediately beyond the main entrance doors...
, skylights and lift shafts, and the open layout of the building, are said to signify the ideal of transparency in the law. Operations in the building started on 20 June 2005, the first hearings took place on 27 June, and the building was officially opened by 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...
S.R. Nathan at the Opening of the Legal Year ceremony on 7 January 2006. There are 12 civil courts, eight criminal courts and three appellate courts. High Court hearings take place in courtrooms on the second through sixth storeys, while the Court of Appeal is on the ninth storey, the highest level, in a disc-shaped structure that is a modern interpretation of the Old Supreme Court Building's dome and is intended to represent the impartiality of justice.
See also
- Court of Appeal of SingaporeCourt of Appeal of SingaporeThe 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...
- 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...
- Sources of Singapore lawSources of Singapore lawThere are generally regarded to be three sources of Singapore law: legislation, judicial precedents and custom.Legislation can be divided into statutes and subsidiary legislation. Statutes are written laws enacted by the Singapore Parliament, as well as by other bodies which had power to pass laws...
- 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,...
External links
- Official website of the Supreme Court of Singapore
- Interactive 360 x 360-degree view of the interior of the Supreme Court from Singapore VR
- Recent Court of Appeal and High Court judgments from Singapore Law Watch
- Selected Court of Appeal judgments from CommonLII
- Selected High Court judgments from CommonLII