Singapore legislation
Regulation 13
of Criminal Procedure Code (Electronic Filing and Service for Supreme Court) Rules 2022
Regulation 13
Service of documents
Subregulation 1
If a document —
other than a document which is required by the Criminal Procedure Code 2010 to be served personally; or
being a document which is required by the Criminal Procedure Code 2010 to be served personally and which the party upon whom the document is to be served has agreed that the document may be served using the electronic filing service,is required under any other provision of the Criminal Procedure Code 2010 to be served, delivered or otherwise conveyed by a person to any other person and that person is an authorised user or a registered user or is represented by a solicitor who is an authorised user or a registered user (called in these Rules the person on whom the document is served), such service, delivery or conveyance may be effected by using the electronic filing service by electronic transmission or via a service bureau.
Subregulation 2
For the purpose of paragraph (1)(b), a party who has instructed his or her solicitor to accept service of a document which is required by the Criminal Procedure Code 2010 to be served personally is deemed to have agreed to be served using the electronic filing service.
Subregulation 3
The document is deemed to be served, delivered or otherwise conveyed —
where the document is served, delivered or otherwise conveyed by electronic transmission from the computer system of the authorised user or registered user, on the date and at the time that the first part of the transmission is received in the computer system of the electronic filing service provider; and
where the document is remotely composed on the computer system of the electronic filing service provider, on the date and at the time that the first part of the transmission containing instructions from the authorised user or registered user to so serve, deliver or convey the document is received in the computer system of the electronic filing service provider.
Subregulation 4
The person serving the document may produce a record of the service, delivery or conveyance to the person on whom the document is served which is issued by the electronic filing service provider or the service bureau as evidence of the service, delivery or conveyance, as well as the date and time of such service, delivery or conveyance.
Subregulation 5
The person serving the document may file a Registrar’s certificate of service issued through the electronic filing service provider or the service bureau in lieu of an affidavit of service and the certificate is regarded as prima facie evidence of such service, delivery or conveyance on the date and at the time as stated.
Subregulation 6
Where a document has to be served, delivered or conveyed by the person serving the document to more than one person, the person serving may effect such service, delivery or conveyance using the electronic filing service on such of those persons who are registered users or authorised users, and paragraphs (1) to (5) apply with such modifications as are necessary.
Subregulation 7
Any document which is served, delivered or otherwise conveyed by a registered user to a person through the electronic filing service using the identification code of the registered user is deemed to have been so served, delivered or otherwise conveyed by the registered user and with his or her intention to do so.
Subregulation 8
Any document which is served, delivered or otherwise conveyed by an authorised user (other than an employee of a service bureau) to a person through the electronic filing service using the identification code of the authorised user is deemed to have been so served, delivered or otherwise conveyed —
by the authorised user on behalf and with the authority of the registered user to whom the authorised user belongs; and
with the intention of that registered user to do so.
Subregulation 9
Any document which is served, delivered or otherwise conveyed by an authorised user, who is an employee of a service bureau, is deemed to have been so served, delivered or otherwise conveyed —
on behalf and with the authority of the person tendering the document to the service bureau for such purpose and with the intention of that person to do so; or
where the person tendering the document to the service bureau is acting as agent for the person’s principal, on behalf and with the authority of the person’s principal and with the intention of the principal to do so.
Subregulation 10
To avoid doubt, it is declared that any document which is served, delivered or otherwise conveyed to a person using an identification code in compliance with the security procedures of the electronic filing service is a secure electronic record within the meaning of the Electronic Transactions Act 2010.
Subregulation 11
Where the service of any document is effected under these Rules on a working day before 5 p.m., the document is, for the purpose of computing any period of time after service of that document, deemed to have been served on that working day, and, in any other case, on the next following working day.
Subregulation 12
To avoid doubt, nothing in this rule is to be construed as prescribing the hours within which service must be effected in order to be valid.