Singapore legislation
Regulation 21
Regulation 21
Hearing of appeal in absence of member of Appeal Panel
Subregulation 1
Despite anything in this Part, if, in the course of any appeal proceedings, or (in the case of a reserved judgment in any appeal) at any time before delivery of the judgment, any member of an Appeal Panel established to consider and determine the appeal resigns or is unable, through illness or any other cause, to continue to consider or to determine the appeal, the remaining members of the Appeal Panel (if 2 or more) must consider and determine the appeal unless the parties to the appeal object.
Subregulation 2
In paragraph (1), the Appeal Panel remains duly constituted for the purposes of the appeal despite the resignation of a member of the Appeal Panel or the inability of a member to act.
Subregulation 3
In a case under paragraph (1) —
where there are more than 2 members of the Appeal Panel remaining, the appeal is decided in accordance with the decision of the majority of the remaining members of the Appeal Panel and, if there is an equality of votes, the Presiding Member has a second or casting vote; or
where there are only 2 members of the Appeal Panel remaining, the appeal is decided in accordance with the unanimous decision of both members.
Subregulation 4
The appeal must be reheard —
if the parties do not consent to the appeal proceedings continuing before the remaining members of the Appeal Panel under paragraph (1); or
if the appeal is to be considered or determined by only 2 remaining members of the Appeal Panel and they are unable to reach a unanimous decision.