Singapore legislation
Regulation 28
of Significant Investments Review (Reviewing Tribunal) Rules 2024
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 —
must be made in writing by the person who filed or provided the document at the same time as the filing or provision of the 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 of the document.
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 or part of a document, the Reviewing Tribunal concerned may grant confidential treatment in relation to the document or part of a document, on any terms and conditions that 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 of the document 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 of a document upon a request under paragraph (1) for the confidential treatment of the document or part of the document made by or on behalf of the Minister.
Subregulation 6
If a Reviewing Tribunal grants under paragraph (4) confidential treatment in relation to any document or part of a document subject to changes to the summary or redacting of material in any non‑confidential version of that document filed under paragraph (2), the party making the request for the confidential treatment must —
accordingly change the non‑confidential version of that document filed; and
file the revised non‑confidential version with the Reviewing Tribunal.
Subregulation 7
If a Reviewing Tribunal grants under paragraph (4) or (5) confidential treatment in relation to any document or part of a document, the Reviewing Tribunal may direct the Secretary to —
(if applicable) send to the party other than the requesting party —
the non‑confidential version filed under paragraph (2); or
the revised non‑confidential version filed under paragraph (6)(b); and
(if sub‑paragraph (a) applies) notify that other party that the document has been redacted or summarised.
Subregulation 8
If, upon a request under paragraph (1) for the confidential treatment of a document or part of a document, a Reviewing Tribunal does not consider the request or does not grant the confidential treatment requested, the Reviewing Tribunal may —
with the consent of the requesting party, direct the Secretary to send the document to the other party; or
treat the document as not having been filed or provided.
Subregulation 9
If a Reviewing Tribunal grants under paragraph (5) confidential treatment, the document or part of the document, and the existence of the document or part of the document, must not be disclosed to any person except to the members of the Reviewing Tribunal.