Singapore legislation
Clause 23
Clause 23
New sections 109A and 109B
The principal Act is amended by inserting, immediately after section 109 in Part 6, the following sections:“Marriages, divorces and revocation of divorces using electronic means of communication109A.—
Despite anything in section 95(2)(b) or (4), 101(6) or (8), 102(1)(a) or (2)(a) or 103(1), (3) or (5) requiring, or relating to, the presence or appearance of any person to perform any act, or to witness or attest the doing of anything under any of those provisions, such person is taken to be present or to appear for that purpose if —
the person, with the permission of the Registrar, attends and performs that act, or witnesses or attests the doing of that thing, through the use of a live video link or live television link that is created using any electronic means of communication approved by the Registrar;
the person complies with such conditions that the Registrar considers necessary or expedient to impose relating to the use of the electronic means of communication;
the Registrar is satisfied that there are sufficient administrative and technical facilities and arrangements made at the place where the person is located; and
all of the following persons are in Singapore:
in relation to a marriage to which this Part applies — both parties to the marriage, the witnesses (if required) and the wali (if any) of the woman to be wedded;
in relation to a revocation of divorce to which this Part applies — both parties to the revocation of divorce and the witnesses (if required).(2) Despite section 49(6), the requirement for an entry in the Register of Divorces to be signed by the persons mentioned in that provision is deemed to be satisfied if the persons each sign the document required by the registrar of the Syariah Court, when communicating with one another using any electronic means of communication in accordance with this section.(3) Despite section 102(1)(b) requiring any registration, or solemnisation and registration, of a marriage to be conducted at any place mentioned in that provision, that registration, or solemnisation and registration, may be conducted using any electronic means of communication in accordance with this section.(4) Despite section 102(5) requiring the presence of any person to perform any act, such person is taken to be present for that purpose if —
the person, with the permission of the senior president of the Court, attends and performs that act through the use of a live video link or live television link that is created using any electronic means of communication approved by the senior president of the Court;
the person complies with such conditions that the senior president of the Court considers necessary or expedient to impose relating to the use of the electronic means of communication; and
the senior president of the Court is satisfied that there are sufficient administrative and technical facilities and arrangements made at the place where the person is located.(5) Despite section 103(3), the requirement for an entry in the Register of Marriages, certificate of marriage, Register of Revocation of Divorces or certificate of revocation of divorce (as the case may be) to be signed by the persons mentioned in that provision is deemed to be satisfied if the persons each sign the document required by the Registrar, when communicating with one another using any electronic means of communication in accordance with this section.Making of statutory declarations109B. Despite section 11(1)(b) of the Oaths and Declarations Act 2000, a statutory declaration required for any purpose in section 43(b) or 109A may be made by a person appearing before another person, who is empowered under any written law to take or receive the statutory declaration, using any electronic means of communication —
in the case of a statutory declaration required for any purpose in section 43(b) or 109A(2) or (4) — approved by the senior president of the Court; and
in the case of a statutory declaration required for any purpose in section 109A(1), (3) or (5) — approved by the Registrar.”.