Singapore legislation

Clause 7

of Supreme Court of Judicature (Amendment No. 2) Bill

Clause 7

New section 34B

The principal Act is amended by inserting, immediately before section 35, the following section:“Summary dismissal of certain matters34B.—

(1)

The Court of Appeal may, on its own motion, summarily dismiss any appeal or application, or any part of an appeal or application.(2) The Court of Appeal may exercise its power under subsection (1) only if it is satisfied of either or both of the following matters:

(a)

the Court of Appeal does not have jurisdiction to hear and determine the appeal, application or part of an appeal or application mentioned in subsection (1);

(b)

there is no merit in the appeal, application or part of an appeal or application mentioned in subsection (1), because every issue in that appeal, application or part of an appeal or application has already been decided by the Court of Appeal, in an earlier matter in which the appellant or applicant was involved.(3) The requirement under subsection (2) does not apply to any appeal or application, or any part of an appeal or application, that is prescribed by Rules of Court.(4) Before summarily dismissing any appeal, application or part of an appeal or application under subsection (1), the Court of Appeal must —

(a)

give the appellant or applicant a reasonable opportunity to show cause why that appeal, application or part of an appeal or application should not be dismissed; and

(b)

consider the representations (if any) of the appellant or applicant.(5) The Court of Appeal may exercise its powers under this section without hearing oral arguments.”.

Clause 7 — Supreme Court of Judicature (Amendment No. 2) Bill