Singapore legislation

Regulation 5

of Supreme Court of Judicature (Protection from Online Falsehoods and Manipulation) Rules 2019

Regulation 5

Bringing of appeal

Amended byS 188/2022 wef 01/04/2022S 188/2022 wef 01/04/2022S 188/2022 wef 01/04/2022S 188/2022 wef 01/04/2022

Subregulation 1

Amended byS 188/2022 wef 01/04/2022

An appeal under section 17, 29, 35 or 44 shall be by way of rehearing and must be brought by originating application in Form 1 of the First Schedule.

Subregulation 2

Amended byS 188/2022 wef 01/04/2022

The originating application must be filed in the Registry —

(a)

in the case of an appeal under section 17, not later than 14 days after the appellant’s application under section 19 to vary or cancel the Part 3 Direction against which the appeal is brought was refused (whether in whole or in part) by the Minister mentioned in section 19;

(b)

in the case of an appeal under section 29, not later than 14 days after the appellant’s application under section 31 to vary or cancel the Part 4 Direction against which the appeal is brought was refused (whether in whole or in part) by the Minister mentioned in section 31;

(c)

in the case of an appeal under section 35, not later than 14 days after the appellant’s application under section 32(9) to vary or cancel the Declaration against which the appeal is brought was refused (whether in whole or in part) by the Minister mentioned in section 32; and

(d)

in the case of an appeal under section 44, not later than 14 days after the appellant’s application under section 46 to vary or cancel the Account Restriction Direction against which the appeal is brought was refused (whether in whole or in part) by the Minister mentioned in section 46.

Subregulation 3

Amended byS 188/2022 wef 01/04/2022

A supporting affidavit in Form 2 of the First Schedule must be filed at the same time as the originating application.

Subregulation 4

Amended byS 188/2022 wef 01/04/2022

If the appellant is also applying for the Direction against which the appeal is brought to be stayed pending the determination of the appeal, the appellant must —

(a)

make the application for the stay in the originating application in Form 1 of the First Schedule; and

(b)

set out the grounds for the application for the stay in the supporting affidavit in Form 2 of the First Schedule.

Subregulation 5

Apart from the power of the Court under sections 17(7), 29(8) and 44(8) to direct that the Direction appealed against be stayed pending the determination of the appeal, an appeal does not operate as a stay of the Direction or Declaration against which the appeal is brought.