Singapore legislation
Regulation 28
of Foreign Interference (Countermeasures) (Reviewing Tribunal) Rules 2022
Regulation 28
Requests for confidential treatment of documentary evidence
Subregulation 1
A request for the confidential treatment of a document or part of a document filed or provided in connection with any appeal proceedings started by an appellant —
must be made in writing by the person who submitted the document or provided such a document, no later than 2 working days after the submission or provision of such a document to the Reviewing Tribunal;
must, where the request relates to part of a document, state the relevant words, figures or passages for which confidentiality is claimed; and
must contain the reasons for the request and, where the request relates to part of a document, the reasons specific to each part thereof.
Subregulation 2
The person making the request for the confidential treatment of a document or part of a document filed or provided in connection with any appeal proceedings before a Reviewing Tribunal, must also file with the Reviewing Tribunal, if the person considers it possible to summarise or redact the material in the document, a non‑confidential version of the document in a form which can be served on any party to those appeal proceedings.
Subregulation 3
No request for confidential treatment will be considered by a Reviewing Tribunal if the request does not comply with paragraphs (1) and (2).
Subregulation 4
Upon a request under paragraph (1) for the confidential treatment of a document, the Reviewing Tribunal concerned may grant confidential treatment in relation to any document or part thereof, on such terms and conditions as the Reviewing Tribunal considers fit (including changes to the summary or redacting of material in any non‑confidential version filed under paragraph (2)), if the Reviewing Tribunal is satisfied that the document or part thereof contains ––
information the disclosure of which would, in its opinion, be prejudicial to Singapore’s national security, the prevention or detection of serious crime, the economic wellbeing of Singapore or the continued discharge of the functions of the intelligence services of Singapore;
information relating to the private affairs of an individual the disclosure of which, in the Reviewing Tribunal’s opinion, would or may significantly harm the interests of the individual; or
commercial information the disclosure of which, in the Reviewing Tribunal’s opinion, would or may significantly harm the legitimate business interests of the undertaking to which it relates.
Subregulation 5
Despite paragraph (4), the Reviewing Tribunal concerned must grant confidential treatment in relation to any document or part thereof upon a request under paragraph (1) for the confidential treatment of the document (or part thereof) made by or on behalf of the Minister or the competent authority.
Subregulation 6
When a Reviewing Tribunal grants under paragraph (4) or (5) confidential treatment in relation to any document or part thereof in connection with any appeal proceedings, the party making the request for the confidential treatment must —
in the case where the grant under paragraph (4) is subject to changes to the summary or redacting of material in any non‑confidential version of that document filed under paragraph (2), accordingly change the non‑confidential version of that document filed and file the revised non‑confidential version with the Reviewing Tribunal, and where directed by the Reviewing Tribunal, send to the other party to the appeal proceedings the revised non‑confidential version, notifying the other party that it has been redacted or summarised; or
in any other case, and where directed by the Reviewing Tribunal, send to the other party to the appeal proceedings the non‑confidential version filed under paragraph (2) (if any), notifying the other party that it has been redacted or summarised.
Subregulation 7
When a Reviewing Tribunal grants under paragraph (5) confidential treatment in relation to any document or part thereof in connection with any appeal proceedings, the document or part thereof, and the existence of the document or part thereof, must not be disclosed to any person except to the members of the Reviewing Tribunal.