Singapore legislation
Regulation 12
Regulation 12
Procedure for appeal
Subregulation 1
For the purposes of section 270(5) of the Code, any psychiatrist who is aggrieved by any decision of the Selection Committee (called in this Part the appellant) may appeal to the Chief Justice by way of an originating application.
Subregulation 2
The originating application must be in Form 16 of Appendix A of the Supreme Court Practice Directions, and must, in addition —
identify the decision appealed against;
if the appeal is against a decision not to renew the appointment of the appellant, state the date on which the appellant’s latest appointment as a member of the Panel expires or has expired;
state the reasons in support of the appeal;
state whether the appellant wishes to adduce any further information, document or opinion and, if so, describe the further information, document or opinion that the appellant wishes to adduce; and
enclose the Selection Committee’s decision and reasons.
Subregulation 3
The appellant must, within 28 days after the date of the decision of the Selection Committee —
file the originating application using the electronic filing service established under Order 28, Rule 2 of the Rules of Court 2021 (G.N. No. S 914/2021); and
serve the originating application on the Selection Committee by electronic mail at the electronic mail address provided by the Selection Committee.
Subregulation 4
The appellant may, at any time, apply to the Chief Justice in writing for an extension of time to file the appeal.
Subregulation 5
The Registrar of the Supreme Court may convene a case conference to give directions for the appeal, including directions on the filing and service, and the contents, of written submissions for the appeal.
Subregulation 6
If the Chief Justice considers it necessary for the purpose of the appeal, the Chief Justice may —
request —
that the appellant, the Selection Committee or any other person provide any information, document or opinion, which (unless otherwise directed by the Chief Justice) must be provided by way of a letter to the Chief Justice; and
that the appellant (or the appellant’s advocate) or any other person appear before the Chief Justice; and
allow a request by the appellant to adduce any further information, document or opinion, which must be adduced in a manner directed by the Chief Justice.
Subregulation 7
The Chief Justice may do all or any of the following without hearing any oral arguments or setting the appeal down for a hearing:
dispose of the appeal in accordance with paragraph (8) or (9);
summarily dismiss the appeal;
deliver his or her decision on the appeal in writing.
Subregulation 8
After considering the appeal, the Chief Justice may affirm or reverse the decision of the Selection Committee.
Subregulation 9
If the Chief Justice reverses the decision of the Selection Committee —
not to appoint or renew the appointment of the appellant; or
to revoke the appointment of the appellant,the Chief Justice is to —
in the case of a decision of the Selection Committee not to appoint or renew the appointment of the appellant, direct the Selection Committee to appoint or renew the appointment of the appellant, as the case may be; or
in the case of a decision of the Selection Committee to revoke the appointment of the appellant, set aside the revocation.
Subregulation 10
In the appeal, court fees must be paid in the circumstances and in the manner set out in this rule and in the Fourth Schedule to the Rules of Court 2021, and, for the purposes of determining the court fees payable, the appeal is deemed to be a claim with a value of up to $1 million.
Subregulation 11
Order 6, Rule 2 and Order 25, Rules 1, 3 and 4 of the Rules of Court 2021 apply to the appeal, subject to the following modifications:
the references in Order 25, Rule 3 to “The Court” or “the Court” are references to “The Chief Justice” or “the Chief Justice”, respectively;
the reference in Order 25, Rule 3(3)(a) to “settlement, discontinuance or withdrawal” is a reference to “discontinuance or withdrawal”;
the reference in Order 25, Rule 3(4) to “settled or discontinued, or transferred to another Court” is a reference to “discontinued”;
the reference in Order 25, Rule 3(6) to “the giving of judgment or the dismissal of any claim or counterclaim” is a reference to “summarily dismissing the appeal”.
Subregulation 12
In this rule, “originating application” has the meaning given by Order 1, Rule 3(1) of the Rules of Court 2021.