Clause 127

by deleting the word “proceedings” in subsection (2) and substituting the word “proceeding”; and

by inserting, immediately after subsection (4), the following subsections:“(5) A court that hears the whole or any part of any matter or proceeding in camera may, in its discretion, permit any of the following individuals to be present in the courtroom while that matter or proceeding is heard in camera:

any journalist who reports news for a newspaper or a broadcasting service;

any individual whom the court determines has a sufficient interest in that matter or proceeding;

any other individual that the court specifies in any particular case.(6) For the purposes of subsection (2), the matters that the court may consider, when deciding whether it is expedient in the interests of justice, public safety, public security or propriety, or for other sufficient reason, to hear the whole or any part of any matter or proceeding in camera, include the following matters:

whether the defence of any accused person in that matter or proceeding will be prejudiced by the presence of any member of the public in the courtroom;

whether any accused person or witness in that matter or proceeding has any legitimate interest in privacy that needs to be protected;

whether the object of that matter or proceeding will be defeated by publicity if that matter or proceeding is heard in open court;

whether any accused person or witness in that matter or proceeding has any legitimate interest in protecting the confidentiality of any information that may be disclosed during the hearing of that matter or proceeding;

whether any information that may be disclosed during the hearing of that matter or proceeding will be prejudicial to the interests of Singapore.(7) In this section —

any appeal from any judgment or order of the High Court in any civil cause or matter, whether made in the exercise of its original civil jurisdiction or made in the exercise of its appellate civil jurisdiction;

any application (whether made to the Court of Appeal or to the High Court) to which either or both of the following apply:

any common question of law or fact arises in both that application and any matter mentioned in subsection (2);

any relief claimed in that application —

may affect any matter mentioned in subsection (2) in any way; or

may affect the outcome of any matter mentioned in subsection (2).(2) The criminal jurisdiction of the Court of Appeal consists of the following matters, subject to the provisions of this Act or any other written law regulating the terms and conditions upon which those matters may be brought:

any appeal against any decision made by the High Court in the exercise of its original criminal jurisdiction;

any petition for confirmation under Division 1A of Part XX of the Criminal Procedure Code (Cap. 68);

any review of a decision of the Court of Appeal, or a decision of the High Court, under Division 1B of Part XX of the Criminal Procedure Code;

any case stated to the Court of Appeal under section 395 or 396 of the Criminal Procedure Code;

any reference to the Court of Appeal under section 397 of the Criminal Procedure Code;

any motion to the Court of Appeal under Division 5 of Part XX of the Criminal Procedure Code.”.

by inserting, immediately after subsection (2), the following subsection:“(2A) Despite subsection (1), the Court of Appeal in the exercise of its criminal jurisdiction is, if it consists of one Judge of Appeal, duly constituted for the purpose of hearing and determining an application under section 394H of the Criminal Procedure Code (Cap. 68) for leave to apply to the Court of Appeal to review an earlier decision of the Court of Appeal.”; and

by deleting paragraph (c) of subsection (3) and substituting the following paragraph:“(c)the consideration of any of the following matters:

any petition for confirmation under Division 1A of Part XX of the Criminal Procedure Code lodged in respect of a sentence of death passed by him on an accused;

any case stated by him under section 395 of the Criminal Procedure Code;

any reference under section 397 of the Criminal Procedure Code of a question of law of public interest which has arisen in a criminal matter determined by him.”.