Singapore legislation
Regulation 28
Regulation 28
Conflict of interests
Subregulation 1
If an individual who is proposed to be appointed as a member of an Appeal Panel to hear an appeal, or is a member of an Appeal Panel, has or acquires an interest, direct or indirect, in the appeal or any other matter relating to the appeal, the individual must —
within 48 hours after receiving notice of his or her appointment as a member of an Appeal Panel or becoming aware of the interest (as the case may be), declare to the Minister the nature, character and extent of the interest; and
immediately refrain from, or cease, taking part in the consideration or discussion of, or voting on any question with respect to, that appeal or other matter.
Subregulation 2
Upon receiving any declaration under paragraph (1)(a), the Minister may —
appoint another individual to be a member of the Appeal Panel in substitution of the individual mentioned in paragraph (1); or
establish the Appeal Panel or allow the Appeal Panel to continue (as the case may be) without the individual mentioned in paragraph (1), if there are at least 3 other individuals remaining to comprise the Appeal Panel.
Subregulation 3
The Minister must notify the parties and the Appeal Panel whether the Minister proposes to proceed under paragraph (2)(a) or (b).
Subregulation 4
Where the Minister proposes to proceed under paragraph (2)(a), regulation 27(2) to (5) applies, with the necessary modifications in relation to the individual proposed to be appointed in substitution, as it applies in relation to a proposed member under that regulation.
Subregulation 5
An individual is regarded as having an interest in an appeal or other matter relating to an appeal if —
the individual holds any office or possesses any property where, directly or indirectly, duties or interests conflict with or might be created in conflict with the individual’s duties or interests as a member of the Appeal Panel in relation to the consideration of the appeal or matter;
the individual has a direct or indirect interest in a contract or proposed contract with any party to the appeal or concerning any matter relating to the appeal and the interest conflicts with or could conflict with the proper performance of the individual’s duties or interests as a member of the Appeal Panel in relation to the consideration of the appeal or matter; or
any of the individual’s immediate family members —
holds any office or possesses any property where, directly or indirectly, duties or interests conflict with or might be created in conflict with the individual’s duties or interests as a member of the Appeal Panel in relation to the consideration of the appeal or matter; or
has a direct or indirect interest in a contract or proposed contract with any party to the appeal or concerning any matter relating to the appeal and the interest conflicts with or could conflict with the proper performance of the individual’s duties or interests as a member of the Appeal Panel in relation to the consideration of the appeal or matter.
Subregulation 6
In this regulation, “immediate family members”, in relation to an individual, means a spouse, a child, an adopted child or a stepchild, a sibling or stepsibling, or a parent or step‑parent of the member.