Singapore legislation
Regulation 22
Regulation 22
Requests for confidential treatment
Subregulation 1
The Authority may at any time request confidential treatment of a document, part of a document or information that the Authority intends to rely on, or is required under these Regulations to file or submit, in connection with any appeal proceedings.
Subregulation 2
A request mentioned in paragraph (1) must —
be made in writing by the Authority and sent to the Appeals Secretary;
where the request relates to part of a document, state the relevant words, figures or passages for which confidentiality is claimed;
contain the reasons for the request for withholding the document or information from the appellant and, where the request relates to part of a document, the reasons specific to each such part; and
where the request relates to a document or information that must be filed or submitted by a certain time under these Regulations, be made before the time limit for filing or submitting that document or information expires.
Subregulation 3
The Authority must, when making a request under paragraph (1) —
if the Authority considers it possible to summarise or redact the material in the document, part of the document or information, file with the Appeal Advisory Committee a non‑confidential version of the document, part of the document or information in a form that can be given to the appellant; and
if the Authority does not consider it possible to provide a non‑confidential version of the document, part of the document or information in a form that can be given to the appellant, file with the Appeal Advisory Committee a statement setting out the reasons why it is not possible to summarise or redact the material in the document, part of the document or information.
Subregulation 4
The Authority must, at the same time it makes a request mentioned in paragraph (1), notify the appellant that the Authority has made a request, but the Authority is not required to provide the appellant with a copy of the request or any details relating to the request.
Subregulation 5
The Appeals Secretary must, as soon as practicable upon receipt of a request mentioned in paragraph (1), forward the request to the Appeal Advisory Committee.
Subregulation 6
The Authority must provide to the Appeal Advisory Committee a copy of the entire document, part of the document, or information, for which confidential treatment is requested.
Subregulation 7
As soon as practicable after receiving a request under paragraph (1), the Appeal Advisory Committee must submit a report to the Minister stating the recommendations of the Committee in relation to the request and the grounds upon which the Committee relied in making any recommendation.
Subregulation 8
The Minister may, after considering the recommendations of the Appeal Advisory Committee mentioned in paragraph (7) —
refuse to grant any confidential treatment of the document, part of the document or information; or
grant the confidential treatment requested on any terms and conditions that the Minister thinks fit (including changes to the summary or redacting of material in any non‑confidential version under paragraph (3)), if (and only if) the Minister is satisfied that the document, part of the document or information contains or is, in the Minister’s opinion —
information the disclosure of which would be contrary to the public interest, including (to avoid doubt) information the disclosure of which would be prejudicial to the national security of Singapore;
commercial information the disclosure of which would or may significantly harm the legitimate business interests of the undertaking to which it relates; or
information relating to the private affairs of an individual the disclosure of which would or may significantly harm the interests of that individual.
Subregulation 9
The Appeals Secretary must notify the Authority of the Minister’s decision in respect of the Authority’s request.
Subregulation 10
The Authority must, as soon as practicable after being notified of the Minister’s decision, notify the appellant whether the Minister has —
refused to grant any confidential treatment of the document, part of the document or information;
granted confidential treatment of the whole of the document, part of the document or information; or
granted confidential treatment of the document, part of the document or information, subject to the Authority providing a non‑confidential version of the document, part of the document or information to the appellant,but the Authority is not required to provide the appellant with a copy of the decision, the Minister’s reasons for the decision, and any details as to what is to be or has been summarised or redacted.
Subregulation 11
Where the Minister refuses to grant any confidential treatment of the document, part of the document or information, the Authority must —
in the case where the document, part of the document or information is a document or information mentioned in regulation 13(1)(b) or (d) and the Minister makes his or her decision at least one business day before the last day of the period within which the Authority must file the Authority’s reasons under these Regulations, include a copy of the document, part of the document or information in the Authority’s reasons; and
in all other cases, serve a copy of the document, part of the document or information on the appellant as soon as practicable after the Authority is notified of the Minister’s decision.
Subregulation 12
Where the Minister grants confidential treatment subject to the Authority providing a non-confidential version of the document, part of the document or information mentioned in paragraph (3)(a) to the appellant, the Authority must —
in the case where the document, part of the document or information is a document or information mentioned in regulation 13(1)(b) or (d) and the Minister makes his or her decision at least one business day before the last day of the period within which the Authority must file the Authority’s reasons under these Regulations —
include the non-confidential version in the Authority’s reasons; and
notify the appellant at the time the non‑confidential version is served, that material in the document, part of the document or information has been summarised or redacted; and
in all other cases —
serve the non-confidential version on the appellant as soon as practicable after the Authority is notified of the Minister’s decision (unless the Authority has previously served the non‑confidential version on the appellant); and
notify the appellant at the time the non‑confidential version is served, that material in the document, part of the document or information has been summarised or redacted (unless the Authority has previously so notified the appellant).
Subregulation 13
Where the Minister grants confidential treatment subject to changes to the summary or redacting of material in any non‑confidential version filed under paragraph (3)(a), the Authority must —
make the necessary changes or redactions;
in the case where the document, part of the document or information is a document or information mentioned in regulation 13(1)(b) or (d) and the Minister makes his or her decision at least one business day before the last day of the period within which the Authority must file the Authority’s reasons under these Regulations —
include the revised non‑confidential version in the Authority’s reasons; and
notify the appellant at the time the revised non‑confidential version is served, that material in the document, part of the document or information has been summarised or redacted; and
in all other cases —
serve the revised non‑confidential version on the appellant as soon as practicable after the Authority is notified of the Minister’s decision; and
notify the appellant at the time the revised non‑confidential version is served, that material in the document, part of the document or information has been summarised or redacted.
Subregulation 14
Where paragraph (13) applies, the non‑confidential version filed under paragraph (3)(a) is treated as expunged and a party must not rely upon that non‑confidential version of the document, part of the document or information in the appeal proceedings.
Subregulation 15
To avoid doubt, in a case where paragraph (11)(b), (12)(b) or (13)(c) applies, the time limits specified in these Regulations continue to apply to the appellant, unless the Appeal Advisory Committee otherwise directs under regulation 18.
Subregulation 16
In this regulation, “business day” means any day other than a Saturday, Sunday or public holiday.