Singapore legislation
Clause 2
Clause 2
New sections 8A, 8B, 8C and 8D
The Internal Security Act is amended by inserting, immediately after section 8, the following sections:“Interpretation8A. In this Part, “judicial review” means proceedings instituted by way of —
an application for any of the prerogative orders of mandamus, prohibition and certiorari;
an application for a declaration or an injunction;
any writ of habeas corpus; and
any other suit or action relating to or arising out of any decision made or act done in pursuance of any power conferred upon the President or the Minister by any provision of this Act.Law applicable to judicial review8B.—
The law governing the judicial review of any decision made or act done in pursuance of any power conferred upon the President or the Minister by the provisions of this Act shall be the same as was applicable prior to the introduction into Singapore since the 13th day of July 1971 of any part of the law of England or of any country in the Commonwealth relating to judicial review.(2) Notwithstanding the provisions of subsection (1), there shall be no judicial review in any court of any act done or decision made by the President or the Minister under the provisions of this Act save in regard to any question relating to compliance with any procedural requirement of this Act governing such act or decision.No appeals to Privy Council8C. Notwithstanding the provisions of any other written law, no appeal shall lie to the Judicial Committee of Her Britannic Majesty’s Privy Council in any proceedings instituted by way of judicial review in respect of any decision made or act done under this Act or in respect of any question of interpretation of the provisions of Part XII of the Constitution or any law made thereunder.Commencement provision8D. Sections 8A, 8B and 8C shall apply to any proceedings instituted by way of judicial review of any decision made or act done under the provisions of this Act, whether such proceedings have been instituted before or after the commencement of the Internal Security (Amendment) Act 1989.”.