Judicial officers of the Republic of Singapore
The judicial officers of the Republic of Singapore work in the Supreme Court and the State Courts (known up to 6 March 2014 as the Subordinate Courts) to hear and determine disputes between litigants in civil cases and, in criminal matters, to determine the liability of accused persons and their sentences if they are convicted.
In the Supreme Court, the current senior judicial officers are the Chief Justice Sundaresh Menon, who is also the President of the Court of Appeal; the Judge of Appeal Justice Andrew Phang Boon Leong who is also the Vice-President; the Judge of Appeal Justices Judith Prakash, Tay Yong Kwang and Steven Chong; and the judges and judicial commissioners of the High Court. The other judicial officers are the Registrar of the Supreme Court, the Deputy Registrar, the Senior Assistant Registrars and the Assistant Registrars.
The State Courts are headed by the Presiding Judge of the State Courts, and the senior judicial officers are the Deputy Presiding Judge, the Senior District Judges, the District Judges and Magistrates. The other judicial officers are the Registrar of the State Courts, the Senior Deputy Registrar, and the Deputy Registrars.
Judicial officers of the Supreme Court
The superior courts of Singapore are the Court of Appeal and the High Court, which are collectively known as the Supreme Court of the Republic of Singapore.
The Court of Appeal is Singapore's highest court. It is headed by a President who is the Chief Justice,[1] and the other members of the Court are the Judges of Appeal. The Chief Justice may appoint one or more of the Judges of Appeal as vice-presidents of the Court of Appeal.[2]
The other senior judicial officers of the Supreme Court are the Judges and Judicial Commissioners of the High Court. The Chief Justice may request a Judge (but not a Judicial Commissioner) of the High Court to sit as a judge of the Court of Appeal, in which case he or she shall have all the jurisdiction, powers and privileges of a judge of the Court of Appeal.[3]
The Judges of the Supreme Court take precedence in the following order:
- the Chief Justice;
- the vice-presidents of the Court of Appeal (if any have been appointed) who among themselves shall rank according to the priority of their respective appointments as vice-presidents;
- the Judges of Appeal (other than vice-presidents), who among themselves shall rank according to the priority of their respective appointments; and
- the Judges of the High Court, who among themselves shall rank according to the priority of their respective appointments.[4]
The other judicial officers are the Registrar, the Deputy Registrar, Senior Assistant Registrars, and Assistant Registrars.[5] These officers assist the senior judicial officers by conducting pre-trial conferences, and hearing and determining minor court applications such as interlocutory applications and bankruptcy matters.
The Chief Justice, Judges of Appeal, Judges and Judicial Commissioners
Qualifications
A person is qualified for appointment as a Judge of the Supreme Court if he or she has, for an aggregate period of not less than ten years, been a qualified person within the meaning of section 2 of the Legal Profession Act,[6] or a member of the Singapore Legal Service, or both.[7]
The Legal Profession Act defines a "qualified person" as any person who —
- (a) before 1 May 1993 —
- (i) has passed the final examination for the degree of Bachelor of Laws in the University of Malaya in Singapore, the University of Singapore or the National University of Singapore;
- (ii) was and still is a barrister-at-law of England or of Northern Ireland or a member of the Faculty of Advocates in Scotland;
- (iii) was and still is a solicitor in England or Northern Ireland or a writer to the Signet, law agent or solicitor in Scotland; or
- (iv) was and still is in possession of such other degree or qualification as may have been declared by the Minister for Law under section 7 of the Act in force immediately before 1 January 1994 and has obtained a certificate from the Board of Legal Education under that section;
- (b) on or after 1 May 1993 possesses such qualifications and satisfies such requirements as the Minister may prescribe under section 2(2) of the Act; or
- (c) is approved by the Board as a qualified person under section 7.[8]
Appointment
The Chief Justice, Judges of Appeal and Judges of the High Court are appointed by the President if he, acting in his discretion, concurs with the advice of the Prime Minister.[9] Before tendering his advice as to the appointment of a judge, the Prime Minister is required to consult the Chief Justice.[10]
In order to facilitate the disposal of business in the Supreme Court, the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, may appoint a person qualified for appointment as a Judge of the Supreme Court to be a Judicial Commissioner of the Supreme Court for such period or periods as the President thinks fit. A Judicial Commissioner so appointed may, in respect of such class or classes of cases as the Chief Justice may specify, exercise the powers and perform the functions of a Judge of the High Court. Anything done by a Judicial Commissioner when acting in accordance with the terms of his or her appointment shall have the same validity and effect as if done by a Judge of that Court and, in respect thereof, he or she shall have the same powers and enjoy the same immunities as if he or she had been a Judge of that Court.[11] A person may be appointed to be a Judicial Commissioner to hear and determine a specified case only,[12] although this has not yet happened. In recent years, the Judicial Commissioner's post has been used as a testing ground to see if qualified persons are suited for elevation to the Bench as Judges of the High Court.
A person qualified for appointment as a Judge of the Supreme Court or a person who has ceased to hold the office of a Judge of the Supreme Court (for instance, due to retirement), may be appointed by the Chief Justice, or may sit as a Judge of the High Court or as a Judge of Appeal, if designated for the purpose (as occasion requires), and such person shall hold office for such period or periods as the President shall direct, if the President, acting in his discretion, concurs with the advice of the Prime Minister.[13]
The Chief Justice and every person appointed or designated to sit as a Judge of the High Court or a Judge of Appeal or appointed as a Judicial Commissioner shall, before he or she enters on the execution of his or her office, take, in the presence of the President, the following Oath of Office:[14]
I, [name], having been appointed to the office of [Chief Justice, Judge of Appeal, Judge or Judicial Commissioner], do solemnly swear [or affirm] that I will faithfully discharge my judicial duties, and I will do right to all manner of people after the laws and usages of the Republic of Singapore without fear or favour, affection or ill-will to the best of my ability, and will preserve, protect and defend the Constitution of the Republic of Singapore.
Tenure of office
A judge of the Supreme Court holds office until one of the following takes place:
- He or she dies in office.
- He or she attains the age of 65 years or such later time not being later than six months after he or she attains that age, as the President may approve.[15] The validity of anything done by a Judge shall not be questioned on the ground that he or she had attained the age on which he or she was required to retire.[16]
- He or she resigns his or her office by writing under his or her hand addressed to the President.[17]
- If the President removes him or her from office, on the recommendation of a tribunal appointed by him that the Judge ought to be removed on the ground of misbehaviour or of inability, from infirmity of body or mind or any other cause, to properly discharge the functions of his or her office.[18] The procedure for the removal of a Judge is as follows:
- The Prime Minister, or the Chief Justice after consulting with the Prime Minister, may represent to the President that a Judge ought to be removed on one or more of the above grounds.[18]
- The President shall appoint a tribunal and refer the representation of the Prime Minister or Chief Justice to it for its recommendation on the matter. The tribunal shall consist of not less than five persons who hold or have held office as a Judge of the Supreme Court or, if it appears to the President expedient to make such an appointment, persons who hold or have held equivalent office in any part of the Commonwealth. The tribunal is presided over by the member first in the following order: the Chief Justice according to their precedence among themselves and other members according to the order of their appointment to an office qualifying them for membership (the older coming before the younger of two members with appointments of the same date).[19]
- Pending any reference and report, the President may, if he, acting in his discretion, concurs with the recommendation of the Prime Minister and, in the case of any other Judge, after consulting with the Chief Justice, suspend a Judge of the Supreme Court from the exercise of his or her functions.[20]
Remuneration
Parliament is required by the Constitution to provide for the remuneration of the judges of the Supreme Court,[21] and it has done so by enacting the Judges' Remuneration Act[22] and issuing the Judges' Remuneration (Annual Pensionable Salary) Order pursuant to the Act.[23] The annual pensionable salaries paid to judges, which were last updated on 1 September 1994, are as follows:
- The Chief Justice – S$347,400.
- Every Judge of Appeal – S$253,200.
- Every other Judge of the Supreme Court – S$234,600.
In practice, judges receive a much higher total remuneration package than the basic salary stated in the Order mentioned above as they also receive allowances. Section 2(2) of the Act empowers the Minister of Law, at his discretion, to determine a judge's "pensionable and non-pensionable allowances and privileges ... which shall not be less than such pensionable and non-pensionable allowances and privileges as a public officer receiving the same pensionable salary would receive". While section 2(4) of the Act makes publication of basic salary compulsory, there is no requirement in the Act for any determination made under section 2(2) to be made public.
Judicial independence
To secure the independence of the judiciary, the Singapore Constitution makes the following provision:
- The office of a Judge of the Supreme Court shall not be abolished during his or her continuance in office.[24]
- A Judge of the Supreme Court holds office until he or she attains the age of 65 years or such later time not being later than six months after he or she attains that age, as the President may approve,[15] and may not be removed from office unless the procedure set out in the "Tenure of office" subsection above is followed.[25]
- The remuneration and other terms of office (including pension rights) of a Judge of the Supreme Court shall not be altered to his or her disadvantage after his or her appointment.[26]
- The conduct of a Judge of the Supreme Court or a person designated to sit as such a Judge or a Judicial Commissioner shall not be discussed in Parliament except on a substantive motion of which notice has been given by not less than one-quarter of the total number of the Members of Parliament.[27]
In addition, the Attorney-General may bring committal proceedings against a person for contempt of court by doing an act or publishing a piece of writing calculated to bring the court or a judge into contempt or to lower his or her authority (known as "scandalizing" the court or the judge); or calculated to obstruct or interfere with the due course of justice.[28]
At common law, no judge of a superior court or inferior court is liable in damages if acting within jurisdiction, even if he or she does so maliciously.[29] Further, no judge of a superior court is liable for an act done outside jurisdiction, provided that this was done by the judge in the honest belief that the act was within jurisdiction.[30] Liability only attaches in such cases if the judge knowingly acts outside jurisdiction.[31]
Forms of address
The Chief Justice, the Judges and Judicial Commissioners are, when sitting in open court or in chambers, addressed as "Your Honour", and on social occasions or other extrajudicial occasions as "Chief Justice" or "Judge", as the case may be.
In all cause lists, orders of Court, correspondence and other documents, the Chief Justice, the Judges and the Judicial Commissioners are described respectively as "Chief Justice", "Justice" or "Judicial Commissioner" without any accompanying gender prefix.[32]
The full form of address for the Chief Justice is "The Honourable the Chief Justice", while that for other Judges is "The Honourable Judge of Appeal, Justice"/"The Honourable Justice"/"The Honourable Judicial Commissioner". In reports of judgments and in legal submissions, these forms of address are usually abbreviated as follows:
- "The Honourable the Chief Justice Chan Sek Keong" – "Chan Sek Keong C.J." or "Chan C.J.".
- "The Honourable Judge of Appeal Justice Andrew Phang Boon Leong" – "Andrew Phang Boon Leong J.A." or "Phang J.A.".
- "The Honourable Judges of Appeal Justices Andrew Phang Boon Leong and V.K. Rajah" – "Andrew Phang Boon Leong and V.K. Rajah JJ.A." or "Phang and Rajah JJ.A.".
- "The Honourable Justice Lai Siu Chiu" – "Lai Siu Chiu J." or "Lai J.".
- "The Honourable Justices Lai Siu Chiu and Judith Prakash" – "Lai Siu Chiu and Judith Prakash JJ." or "Lai and Prakash JJ.".
- "The Honourable Judicial Commissioner Sundaresh Menon" – "Sundaresh Menon J.C." or "Menon J.C.". There is no accepted abbreviation for "Judicial Commissioners".
List of judges of the Supreme Court
The table below lists the judges that were in office on or after 9 August 1965, the date when Singapore left Malaysia and became an independent republic. Judges currently in office are highlighted.
Singapore's full independence was effected by three statutes, one enacted by Malaysia and two by Singapore. The Constitution and Malaysia (Singapore Amendment) Act 1965 (Malaysia)[33] effectively transferred all legislative and executive powers previously possessed by the Federal Government to the new Government of Singapore. The Constitution of Singapore (Amendment) Act 1965 (Singapore)[34] amended the Singapore State Constitution to alter the procedure required for constitutional amendment, and changed various nomenclatures to bring the Constitution in line with Singapore's independent status. Finally, the Republic of Singapore Independence Act 1965 (Singapore)[35] provided, among other things, that certain provisions of the Malaysian Federal Constitution were to apply to Singapore. It also vested the powers relinquished by Malaysian executive and legislature in the executive and legislative branches of the Singapore Government.
However, no changes were immediately made to the judicial system.[36] As a result, for about four years after independence appeals from the High Court of Singapore still lay to the Federal Court of Appeal in Malaysia.
It was only from 9 January 1970,[37] when the Supreme Court of Judicature Act[38] came into force, that Singapore established its own Supreme Court, consisting of a Court of Appeal, Court of Criminal Appeal and High Court. In moving the Second Reading of the Bill in Parliament, the then Minister for Law and National Development, Mr. E.W. Barker, noted that "the Supreme Court of Judicature Bill ... as its very name suggests, provides a proper basis for the administration of justice in our courts which should really have been introduced soon after we left Malaysia. Unfortunately, the many and varied problems which we had to deal with upon leaving Malaysia had forced us to continue with the existing system of administration of justice until the present day. All that the Bill purports to do is to set out logically the consequences that flow from our becoming independent on our own with an independent system of administration of justice separate from the system that was introduced to us while we were part of Malaysia ..."
A shortage of High Court judges led to an amendment to Article 94 of the Constitution in 1971 to permit the appointment of supernumerary judges.[39] These were judges who were engaged to continue their duties on a contractual basis after having reached the constitutionally-mandated retirement age of 65. A subsequent amendment to the Constitution created the position of judicial commissioner.[40] This amendment took effect on 4 May 1979.
In 1993, a single permanent Court of Appeal was established for Singapore with its own President and Judges of Appeal, replacing the Court of Appeal and Court of Criminal Appeal.[41] The Court of Appeal is constituted by the Chief Justice and the Judges of Appeal. The first Judges of Appeal to be appointed, on 1 July 1993, were the late Justice M. Karthigesu and Justice L.P. Thean.
With effect from 1 January 2015, the Constitution was amended[42] to enable people who have ceased to be judges of the Supreme Court to be appointed as senior judges;[43] and people who, in the Chief Justice's opinion, have the "necessary qualifications, experience and professional standing", to be international judges.[44] Senior judges and international judges may be appointed to hear specific cases or class of cases, or for specified periods.[45] Both senior and international judges may sit in the High Court and the Court of Appeal.[46] The office of international judge was created to enable foreign judges, lawyers and academics to be appointed to hear cases in the Singapore International Commercial Court ("SICC"), a new division of the High Court established on 1 January 2015.[47] At present, international judges are only permitted to hear cases in the SICC and appeals from such cases.[48] From 5 January 2015, five retired judges, including the former Chief Justice Chan Sek Keong, were appointed as senior judges, and 11 people were appointed as international judges. Chan will sit both as a Judge of Appeal and as a judge of the SICC.[49]
No. | Judge | Birth and death dates | Term of service | ||||
---|---|---|---|---|---|---|---|
Judicial Commissioner (or Acting Judge) | Judge | Judge of Appeal (or Federal Judge) | Chief Justice | Reappointment after retirement | |||
1 | Tan Ah Tah |
|
|
|
|
— | |
2 | M. (Murray) Buttrose |
|
|
— | — |
| |
3 | F. A. (Frederick Arthur) Chua | 15 May 1913 – 24 January 1994 | — |
|
— | — |
|
4 | Wee Chong Jin[50][51] | 28 September 1917[50] – 5 June 2005[52] |
— |
|
— |
|
|
5 | J. W. D. (James Walter Davy) Ambrose | — |
|
— | — | — | |
6 | A.V. (Alfred Victor) Winslow | — |
|
— | — | — | |
7 | T. (Thilliampalam) Kulasekaram | Born 1919 | — |
|
— | — | — |
8 | Choor Singh (Choor Singh Sidhu) | 19 January 1911[53] – 31 March 2009[54] | — |
|
— | — |
|
9 | D. C. (Denis Cosmas) D'Cotta | Died 1983[55] | — |
|
— | — |
|
10 | A. P. (Arumugam Ponnu) Rajah | 7 July 1911 – 28 September 1999 |
— |
|
— | — | — |
11 | T. S. (Thirugnana Sampanthar) Sinnathuray | 22 September 1930 – 18 January 2016[56] |
— |
|
— | — |
|
12 | A. Wahab (Abdul Wahab) Ghows[57] | 1911 – 6 February 1997[58] |
— |
|
— | — | |
13 | Lai Kew Chai | 7 February 1941[59] – 27 February 2006[60] |
— |
|
— | — | — |
13 | L. P. (Lip Ping) Thean | Born 23 February 1933 | — |
|
|
— |
|
15 | P. (Punchardsheram) Coomaraswamy | Died 9 January 1999 | — |
|
— | — |
|
16 | Chan Sek Keong | Born 5 November 1937[61] |
|
|
|
|
|
17 | Joseph Grimberg | 8 April 1933 – 17 August 2017[63] |
|
— | — | — | — |
18 | Chao Hick Tin | Born 27 September 1942[64] |
|
|
— | ||
19 | Tan Teow Yeow | 1946? – 6 August 2008[70] |
|
— | — | — | — |
20 | Yong Pung How | Born 11 April 1926 | — |
|
— |
|
|
21 | M. (Mootatamby) Karthigesu | 1923 – 21 July 1999 |
|
|
|
— | — |
22 | S. Rajendran (Rajendran s/o Sinnathamby) |
|
|
— | — | — | |
23 | Goh Joon Seng |
|
|
— | — | — | |
24 | Goh Phai Cheng |
|
— | — | — | — | |
25 | G. P. Selvam (Govinda Pannirselvam) |
|
|
— | — | — | |
26 | M. P. H. Rubin (Mohideen M.P. Haja Rubin) |
|
|
— | — | — | |
27 | Kan Ting Chiu | Born 27 August 1946[73] |
|
— | — |
| |
28 | Lai Siu Chiu | Born 1948?[75] |
|
|
— | — |
|
28 | K.S. Rajah (Kasinather Saunthararajah) | 2 March 1930 – 17 June 2010[76] |
|
— | — | — |
|
29 | Michael Hwang (Sydney Michael Hwang) |
|
— | — | — | ||
30 | Warren L. H. Khoo | — |
|
— | — | — | |
31 | Amarjeet Singh s/o Jeswent Singh |
|
— | — | — | — | |
32 | T. Q. (Teong Quee) Lim |
|
— | — | — | — | |
33 | Judith Prakash | Born 19 December 1951 |
|
|
|
— |
|
34 | Choo Han Teck | Born 21 February 1954 |
|
|
— | — |
|
35 | Christopher Lau Loke Sam |
|
— | — | — | — | |
36 | C. R. (Chelva Ratnam) Rajah |
|
— | — | — | — | |
37 | Tan Lee Meng | Born 7 July 1948[79] |
|
|
— | — |
|
38 | Chan Seng Onn | Born 4 January 1954 |
|
|
— | — |
|
39 | Lee Seiu Kin | Born 30 January 1954[81] |
|
|
— | — |
|
40 | Tay Yong Kwang | Born 1956 |
|
|
|
— | — |
41 | Woo Bih Li | Born 31 December 1954 |
|
|
— | — |
|
42 | Belinda Ang Saw Ean | Born 24 April 1954 |
|
|
— | — |
|
43 | V. K. (Vijaya Kumar) Rajah | Born 14 January 1957[82] |
|
|
— | — | |
44 | Andrew Phang Boon Leong | Born 1958?[85] |
|
|
|
— | — |
45 | Andrew Ang | Born 25 February 1946[86] |
|
|
— | — | |
46 | Sundaresh Menon | Born 1962[81] | — |
|
|
— | |
47 | Quentin Loh Sze-On | Born 24 December 1950 |
|
— | — |
| |
48 | Steven Chong Horng Siong | Born 1958[94] |
|
— | — | ||
49 | Philip Nalliah Pillai | Born 12 December 1947[97] | — | — | — | ||
50 | Vinodh Sabesan Coomaraswamy | Born 1965[90] |
|
|
— | — | — |
51 | Lionel Yee Woon Chin | Born 1966?[99] | — | — | — | — | |
52 | George Wei Sze Shun | Born 1955?[101] |
|
— | — | — | |
53 | Edmund Leow Hock Meng | Born 1963?[104] |
|
— | — | — | — |
54 | Tan Siong Thye | Born 22 June 1954[105] |
|
— | — |
| |
55 | Lee Kim Shin | Born 1960?[105] | — | — | — | — | |
56 | See Kee Oon | Born 1967?[64] |
|
— | — | — | |
57 | Valerie Thean | Born 1969?[109] |
|
|
— | — | — |
58 | Aedit Abdullah | Born 1970?[109] |
|
|
— | — | — |
59 | Hoo Sheau Peng | Born 1970?[109] |
|
|
— | — | — |
60 | Debbie Ong Siew Ling | Born 1966?[109] |
|
|
— | — | — |
61 | Chua Lee Ming | Born 1960? |
|
|
— | — | — |
62 | Foo Chee Hock | Born 1961? |
|
— | — | — | — |
63 | Kannan Ramesh | Born 1966? |
|
|
— | — | — |
64 | Foo Tuat Yien | Born 1954? |
|
— | — | — | — |
65 | Pang Khang Chau | Born 1971? |
|
|
— | — | — |
66 |
Audrey Lim Yoon Cheng |
|
|
— | — | — |
The name in bold is the judge's surname, or if he or she does not have a surname, the given name by which he or she is generally known. Judicial officers currently in office are highlighted: judges and judicial commissioners in yellow, and senior judges in green.
- Notes
- Chan Sek Keong was the first person to be appointed a Judicial Commissioner on 1 July 1986.[113] He served as Attorney-General between 1 May 1992 and 10 April 2006 before he was appointed as Chief Justice on 11 April 2006. In August 2008 he became the first Singaporean and local law graduate to become an honorary bencher of Lincoln's Inn.[61]
- Chan Seng Onn was appointed Solicitor-General on 1 June 2001.[80]
- The first woman judge, Lai Siu Chiu, was appointed on 2 May 1994.
- Lee Seiu Kin, who served as a Judicial Commissioner between 15 October 1997 and 14 October 2002, served as Second Solicitor-General between 15 October 2002 and 10 April 2007, and was appointed a Judge with effect from 11 April 2007.
- Wee Chong Jin was Singapore's first Asian Chief Justice and, having been appointed at the age of 45 years, also the youngest. In addition, having held the post for over 27 years, he was the longest-serving Chief Justice in Singapore and in a Commonwealth country.[50]
The Registrar, Deputy Registrar, Senior Assistant Registrars, and Assistant Registrars
Qualifications
For a person to be appointed to be or to act as the Registrar, the Deputy Registrar or an Assistant Registrar, he or she must be a qualified person as defined in section 2 of the Legal Profession Act (see above).[114]
Appointment
The Registrar, Deputy Registrar and Assistant Registrars of the Supreme Court are appointed by the President on the recommendation of the Chief Justice.[115] These judicial officers are members of the Judicial Branch of the Singapore Legal Service, and it is the duty of the Legal Service Commission to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer, dismiss and exercise disciplinary control over such officers.[116][117]
As of 15 April 2009 the Registrar is Foo Chee Hock, while the Deputy Registrar is Audrey Lim Yoon Cheng.[118]
Protection
The Registrar, the Deputy Registrar or an Assistant Registrar or other person acting judicially shall not be liable to be sued in any court exercising civil jurisdiction for any act done by him in the discharge of his or her judicial duty whether or not within the limits of his or her jurisdiction, provided that he or she at the time in good faith believed himself or herself to have jurisdiction to do or order the act complained of.[119]
Judicial officers of the State Courts
The State Courts of Singapore are the District Courts, Magistrates' Courts, Coroners' Courts, Small Claims Tribunals and Employment Claims Tribunals.[120]
The most senior judge of the State Courts is the Presiding Judge, who is a judge or judicial commissioner of the Supreme Court appointed by the President, acting on the advice of the Cabinet and upon the Chief Justice's recommendation.[121] He or she has overall responsibility for the administration of the State Courts. The Presiding Judge may act as a judge in any State Court and exercise all the jurisdiction, power and privileges of a State Courts judge, while also sitting in the High Court or Court of Appeal.[122] Justice See Kee Oon was appointed as Presiding Judge in 2014. The Presiding Judge is assisted by a Deputy Presiding Judge, who is also the Registrar of the State Courts. The other senior judicial officers are the principal district judges.[123]
Qualifications
For a person to be appointed to be or to act as a District Judge, he or she must have been for not less than seven years a qualified person as defined in section 2 of the Legal Profession Act (see above).[124] For a Magistrate, the corresponding period is one year.[125]
The Registrar, Senior Deputy Registrar and Deputy Registrars are generally also required to be qualified persons within the meaning of the Legal Profession Act, although they are not required to have that status for any minimum period of time. However, the Chief Justice may, in his discretion, appoint any person who is not a qualified person under that Act.[126]
Appointment
District Judges and Magistrates are appointed by the President on the recommendation of the Chief Justice.[127] They hold concurrent appointments as the Registrar, Deputy Registrars, Coroners, and Referees of the Small Claims Tribunals. The Registrar, Senior Deputy Registrar and Deputy Registrars are appointed by the Chief Justice.[128] District Judges, Magistrates and State Courts registrars are officers of the Judicial Branch of the Singapore Legal Service and are subject to the control of the Legal Service Commission.[117]
Before exercising the functions of their office, all judicial officers must take and subscribe the following oath of office and allegiance before the Senior District Judge or a Judge of the Supreme Court:[129]
I, [name], having been appointed to the office of [Senior District Judge, District Judge, Magistrate, Registrar or Deputy Registrar], do solemnly swear [or affirm] that I will faithfully discharge my judicial duties and I will do right to all manner of people after the laws and usages of the Republic of Singapore without fear or favour, affection or ill-will to the best of my ability, and I will be faithful and bear true allegiance to the Republic of Singapore.
Protection
Judicial officers are not liable to be sued for any act done by them in the discharge of their judicial duty whether or not within the limits of their jurisdiction, provided that they at the time in good faith believed themselves to have jurisdiction to do or order the act complained of.[130]
Notes
- ^ Supreme Court of Judicature Act (Cap. 322, 1999 Rev. Ed.) ("SCJA"), s. 29(4).
- ^ SCJA, s. 29(2).
- ^ SCJA, s. 29(3).
- ^ SCJA, s. 4.
- ^ SCJA, s. 61.
- ^ Legal Profession Act (Cap. 161, 2001 Rev. Ed.).
- ^ Constitution of the Republic of Singapore (1985 Rev. Ed., 1999 Reprint), Art. 96.
- ^ Legal Profession Act, section 2(1).
- ^ Constitution, Art. 95(1).
- ^ Constitution, Art. 95(2).
- ^ Constitution, Art. 94(4).
- ^ Constitution, Art. 94(5).
- ^ Constitution, Art. 94(3).
- ^ Constitution, Art. 97 and paragraph 6 of the First Schedule.
- ^ a b Singapore Constitution, Art. 98(1).
- ^ Constitution, Art. 98(9).
- ^ Constitution, Art. 98(2).
- ^ a b Singapore Constitution, Art. 98(3).
- ^ Constitution, Art. 98(4).
- ^ Constitution, Art. 98(5).
- ^ Constitution, Art. 98(6).
- ^ Judges' Remuneration Act (Cap. 147, 1995 Rev. Ed.).
- ^ Judges' Remuneration (Annual Pensionable Salary) Order (Cap. 147, Order 1).
- ^ Constitution, Art. 94(2).
- ^ Constitution, Art.s 98(3), (4) and (5).
- ^ Constitution, Art. 98(8).
- ^ Constitution, Art. 99.
- ^ Attorney-General v. Pang Cheng Lian [1972–1974] S.L.R. [Singapore Law Reports] 658, High Court (Singapore); Attorney-General v. Wong Hong Toy [1982–1983] S.L.R. 398, High Court (Singapore): see Kevin Y[ew] L[ee] Tan; Thio Li-ann (1997), Tan, Yeo & Lee's Constitutional Law in Malaysia and Singapore (2nd ed.), Singapore: Butterworths Asia, pp. 362–394, ISBN 978-0-409-99908-2.
- ^ Sirros v. Moore [1975] Q.B. 118 at 131–133; Re McC (a minor) [1985] A.C. 528 at 540–541.
- ^ Sirros v. Moore at 134–135; Re McC at 541, 550.
- ^ Sirros v. Moore at 136, 149; Re McC at 540. See P[aul] P. Craig (2003), Administrative Law (5th ed.), London: Sweet & Maxwell, p. 921, ISBN 978-0-421-79920-2.
- ^ Supreme Court Practice Directions Archived 27 September 2007 at the Wayback Machine (as at 21 March 2007), paragraph 16.
- ^ No. 53 of 1965 (Malaysia).
- ^ No. 8 of 1965 (Singapore).
- ^ Republic of Singapore Independence Act 1965 (No. 9 of 1965, 1985 Rev. Ed.).
- ^ The Republic of Singapore Independence Act, section 11 (entitled "Temporary provision as to jurisdiction and procedure of Singapore Courts"), stated: "Until other provision is made by the Legislature, the jurisdiction, original or appellate, and the practice and procedure of the High Court and the State Courts of Singapore shall be the same as that exercised and followed immediately before Singapore Day, and appeals from the High Court shall continue to lie to the Federal Court of Malaysia and to the Privy Council."
- ^ Supreme Court of Judicature (Commencement) Notification 1970 (S 15/1970).
- ^ No. 24 of 1969, now the Supreme Court of Judicature Act (Cap. 322, 2007 Rev. Ed.) ("SCJA").
- ^ No. 16 of 1971, which came into force on 19 November 1971.
- ^ Constitution of the Republic of Singapore (Amendment) Act 1979 (No. 10 of 1979).
- ^ See the Constitution of the Republic of Singapore (Amendment) Act 1993 (No. 17 of 1993) and the Supreme Court of Judicature (Amendment) Act 1993 (No. 16 of 1993), which came into force on 1 July 1993.
- ^ By the Constitution of the Republic of Singapore (Amendment) Act 2014 (No. 39 of 2014).
- ^ Constitution, Art. 94(4)(b).
- ^ Constitution, Art. 94(4)(c).
- ^ Constitution, Arts. 94(5) and (9).
- ^ Constitution, Art. 94(6).
- ^ SCJA, ss. 18A–M, inserted by the Supreme Court of Judicature (Amendment) Act 2014 (No. 42 of 2014).
- ^ Constitution, Art. 94(10); SCJA, s. 5A.
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- ^ Dorothy Ho (19 January 1999), "Retired judge gives S$25,000 to start award", The Straits Times,
[T]o celebrate his turning 88 today, he gave S$25,000 to the National Institute of Education to start the Justice Choor Singh Gold Medal award yesterday.
. - ^ Khushwant Singh (2 April 2009), "Retired judge Choor Singh dies at 98: Ex-High Court judge was known for being tough but fair; he delivered over 100 judgments", The Straits Times, p. B3.
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She [Deirdre Moss] was born to Johannah O'Neill, who had migrated to Australia from Ireland, and Eurasian-Singaporean Denis D'Cotta. Mr Justice D'Cotta, one of the more prominent members of Singapore's Eurasian community, rose to the post of High Court judge in 1970 and retired in 1981. He died in 1983 in Melbourne, where he had been living since retirement.
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President S R Nathan yesterday re-appointed Chief Justice Chan Sek Keong as head of the judicial system here for a second term. ... Chief Justice Chan will hold the post of Singapore's Chief Justice for about 3½ years, until Nov 5, 2012, his 75th birthday.
. - ^ a b Tham Yuen-C (30 August 2012), "Sundaresh Menon to be new Chief Justice", The Straits Times, p. 1; Teo Xuanwei (30 August 2012), "Sundaresh Menon is new Chief Justice", Today, pp. 1 & 4, archived from the original on 31 August 2012.
- ^ "Joseph Grimberg [obituary]", The Straits Times, p. C9, 18 August 2017; K. C. Vijayan (18 August 2017), "'Finest of his time', lawyer and ex-judge Joe Grimberg dies", The Straits Times, p. B6.
- ^ a b c d e Appointments to the Supreme Court Bench: Re-appointment of Judge of Appeal and Appointment of Judicial Commissioner, Supreme Court of Singapore, 10 April 2014, archived from the original on 4 August 2014.
- ^ "Back to familiar turf for new A-G: Chao Hick Tin sharp and well-equipped to be next A-G – he had worked in the Chambers from 1967 to 1987", The Straits Times, 2 April 2006.
- ^ Chew Wui Lynn (11 April 2008), Former AG Chao Hick Tin sworn in as Judge of Appeal, Channel NewsAsia.
- ^ Appointment of Vice-President of Court of Appeal (PDF), Supreme Court of Singapore, 18 April 2008, archived from the original (PDF) on 18 December 2010, retrieved 8 August 2008.
- ^ a b c Raphael Lim (11 April 2014), "Justice Chao reappointed Judge of Appeal", The Business Times (reproduced on the Singapore Law Watch website), archived from the original on 16 April 2014.
- ^ Re-appointment of Vice-President of Court of Appeal [Registrar's Circular No. 4 of 2010] (PDF), Supreme Court of Singapore, 13 April 2010, archived from the original (PDF) on 5 June 2012; Re-appointment of Vice-President of Court of Appeal [Registrar's Circular No. 1 of 2012] (PDF), Supreme Court of Singapore, 11 April 2012, archived from the original (PDF) on 5 June 2012; Re-appointment of Vice-President of Court of Appeal [Registrar's Circular No. 1 of 2014] (PDF), Supreme Court of Singapore, 14 April 2014, archived from the original (PDF) on 16 April 2014.
- ^ According to an obituary notice published in The Straits Times on 8 August 2008, Tan Teow Yeow died on 6 August 2008 aged 62: "Tan Teow Yeow [obituary]", The Straits Times (Home), p. B31, 8 August 2008. See also Carolyn Quek; Selina Lum (9 August 2008), "Obituary: Tan Teow Yeow: Serious at work but jovial at play", The Straits Times (Home), p. B9.
- ^ Arti Mulchand (4 April 2006), "Jaya credits Chief Justice Yong for model judiciary: Law Minister also pays tribute to incoming Chief Justice Chan Sek Keong", The Straits Times.
- ^ a b c d Former Judges of the Republic of Singapore, Supreme Court of Singapore, 13 December 2012, archived from the original on 15 December 2012.
- ^ Retirement of High Court Judge, Justice Kan Ting Chiu, Supreme Court of Singapore, 26 August 2011, archived from the original on 22 September 2011.
- ^ Selina Lum (2 September 2011), "Justice Kan retires from public service", The Straits Times, p. B11.
- ^ a b Retirement of High Court Judge and the First Female Judge of the Supreme Court, Justice Lai Siu Chiu, Supreme Court of Singapore, 30 October 2013, archived from the original on 5 November 2013; Jalelah Abu Baker (30 October 2013), "Trailblazing female judge retires today", The Straits Times, p. B4; "S'pore's first woman judge retires", Today, p. 28, 30 October 2013, archived from the original on 5 November 2013.
- ^ "K.S. Rajah retires from the Bench", The Straits Times, 3 March 1995; K.C. Vijayan (18 June 2010), "Late lawyer 'flew the flag for underdogs': K.S. Rajah worked on many landmark cases in 40-year career and was lauded for his integrity", The Straits Times (reproduced on the Singapore Law Watch website), p. A24, archived from the original on 19 June 2010.
- ^ "K.S. Rajah appointed as Supreme Court judicial commissioner", The Straits Times, 14 May 1991; "K.S. Rajah retires from the Bench", The Straits Times, 3 March 1995.
- ^ a b c d Appointments to the Supreme Court Bench, Prime Minister's Office, 29 June 2016, archived from the original on 3 July 2016.
- ^ a b Retirement of High Court Judge, Justice Tan Lee Meng, Supreme Court of Singapore, 5 July 2013, archived from the original on 25 December 2013; "Supreme Court judge Tan Lee Meng to retire on 7 July", Today, 5 July 2013, archived from the original on 5 November 2013,
Supreme Court judge Tan Lee Meng will retire on July 7, his 65th birthday.
. - ^ a b Judges, judicial commissioners and registrars, Supreme Court of Singapore, 22 September 2007, retrieved 23 September 2007.
- ^ a b "The two new faces", The Straits Times, 2 April 2006.
- ^ a b "New Judge of Appeal", The Straits Times, 12 April 2007.
- ^ a b Lim Yan Liang (29 April 2014), "Justice V. K. Rajah to take over as Attorney-General in June", The Straits Times.
- ^ Neo Chai Chin (29 April 2014), "Justice V K Rajah appointed Attorney-General", Today, p. 1; "New A-G sworn in", The Straits Times, 26 June 2014.
- ^ Selina Lum (28 February 2006), "New Judge of Appeal from today", The Straits Times.
- ^ Retirement of High Court Judge, Justice Andrew Ang, Supreme Court of Singapore, 25 February 2014, archived from the original on 8 March 2014; Ian Poh (26 February 2014), "High Court judge retires from bench: Justice Andrew Ang leaves after decade of distinguished service", The Straits Times, p. B6,
The judge, who turned 68 yesterday, added he was honoured to have been able to serve on the bench.
. - ^ Re-appointment of Andrew Ang as High Court Judge, Supreme Court of Singapore, 28 February 2011, archived from the original on 22 September 2011.
- ^ "New Judicial Commissioner sworn in", The Straits Times, 4 April 2006.
- ^ Sundaresh Menon SC, Rajah & Tann LLP, 2007, archived from the original on 28 October 2008, retrieved 28 October 2008.
- ^ a b c d K.C. Vijayan (1 June 2012), "Changes in Appeal Court, A-G Chambers", The Straits Times, p. A1; Teo Xuanwei (1 June 2012), "A-G to be appointed appeal judge: As Justice Steven Chong succeeds Mr Sundaresh Menon, lawyers are divided over implications of shorter tenures", Today, p. 2, archived from the original on 5 June 2012; Appointment of Mr Sundaresh Menon, S.C. as Judge of Appeal: Fact Sheet (PDF), Attorney-General's Chambers, 31 May 2012, archived from the original (PDF) on 5 June 2012.
- ^ a b c Chen Huifen (20 August 2009), "Three leading lawyers named judicial commissioners", The Business Times, archived from the original on 20 August 2009; Selina Lum (20 August 2009), "3 senior lawyers appointed judicial commissioners", The Straits Times, p. B4.
- ^ a b Two senior partners of Rajah & Tann LLP appointed judicial commissioners of the Supreme Court, Rajah & Tann, 19 August 2009, retrieved 20 August 2009.
- ^ a b c "High Court gets three more judges", The Straits Times (Home), p. B8, 2 June 2010.
- ^ a b Appointment of Justice Steven Chong as Attorney-General: Fact Sheet (PDF), Attorney-General's Chambers, 31 May 2012, archived from the original (PDF) on 5 June 2012.
- ^ a b "2 new judicial commissioners", The Straits Times, p. C6, 2 October 2009.
- ^ a b Appointment of Judicial Commissioner Tan Siong Thye as High Court Judge and the Swearing in of Justice Steven Chong and Justice Tan Siong Thye, Supreme Court of Singapore, 1 July 2014, archived from the original on 4 August 2014.
- ^ a b K.C. Vijayan (12 December 2012), "High Court Justice Philip Pillai retires: He served only a 30-month stint but presided over several notable cases", The Straits Times, p. B2; "Supreme Court Judge retires today", Today, p. 26, 12 December 2012, archived from the original on 14 December 2012.
- ^ Appointment of Judicial Commissioner Vinodh Coomaraswamy as Judge of the Supreme Court of Singapore, Supreme Court of Singapore, 24 June 2013, archived from the original on 26 June 2013.
- ^ a b Ian Poh (16 January 2013), "Second Solicitor-General appointed Judicial Commissioner", The Straits Times, p. A9.
- ^ Judicial Commissioner Lionel Yee Completes his Term as Judicial Commissioner of the Supreme Court, Supreme Court of Singapore, 8 January 2014, archived from the original on 8 March 2014.
- ^ Write-up on Mr George Wei Sze Shun (PDF), Prime Minister's Office, 30 July 2013, archived from the original (PDF) on 30 July 2013.
- ^ a b Statement from the Prime Minister's Office – Appointment of Judicial Commissioners of the High Court, Prime Minister's Office, 30 July 2013, archived from the original on 30 July 2013; Rachel Change (1 August 2013), "Lawyer, SMU don appointed judicial commissioners" (PDF), The Straits Times (reproduced on the Singapore Management University website), p. B2, archived from the original (PDF) on 3 August 2013.
- ^ Extension of Appointment of JC George Wei Sze Shun as a Judicial Commissioner of the Supreme Court, Supreme Court of Singapore, 1 August 2014, archived from the original on 4 August 2014; "Judicial Commissioner George Wei's appointment extended by a year: President Tony Tan extended JC George Wei Sze Shun's appointment for a further 12 months with effect from Aug 1, 2014", Today, 1 August 2014, archived from the original on 4 August 2014; Selina Lum (2 August 2014), "Judicial Commissioner George Wei's appointment extended", The Straits Times, p. B5.
- ^ Write-up on Mr Edmund Leow (PDF), Prime Minister's Office, 30 July 2013, archived from the original (PDF) on 30 July 2013.
- ^ a b c d Tham Yuen-C (1 October 2013), "Two new judicial commissioners appointed: Ex-chief district judge starts term today, lawyer to start in January", The Straits Times, p. B6; "Chief District Judge appointed Judicial Commissioner", Today, p. 18, 1 October 2013, archived from the original on 8 March 2014.
- ^ a b Statement from the Prime Minister's Office – Appointment of Judicial Commissioners of the High Court, Prime Minister's Office, 30 September 2013, archived from the original on 8 March 2014.
- ^ Olivia Ho (1 January 2015), "Judicial Commissioner completes one-year term", The Straits Times.
- ^ a b Appointment of Judges of the High Court, Prime Minister's Office, 12 January 2017, archived from the original on 24 September 2017; Fabian Koh (13 January 2017), "Two new High Court judges appointed", The Straits Times, p. A9.
- ^ a b c d e f g h Aw Cheng Wei (16 September 2014), "4 appointed judicial commissioners: They will preside in the High Court for up to three years", The Straits Times (Home), p. B3; "Senior district judge Valerie Thean to oversee new family justice system", Today, p. 18, 16 September 2014, archived from the original on 17 September 2014.
- ^ a b c d Alfred Chua (16 August 2017), "Four Judicial Commissioners promoted to full Judges", Today, archived from the original on 16 August 2017; Lim Min Zhang (17 August 2017), "High Court to get four new judges", The Straits Times, p. A9.
- ^ PMO Press Release: Appointment of Judicial Commissioner of the High Court, Supreme Court of Singapore, 27 February 2015, archived from the original on 17 May 2015; Lim Yi Han (27 February 2015), "Senior counsel Kannan Ramesh appointed as Judicial Commissioner", The Straits Times; Senior counsel Kannan Ramesh appointed as Judicial Commissioner, AsiaOne, 27 February 2015, archived from the original on 17 May 2015.
- ^ Appointments to the Supreme Court Bench, Prime Minister's Office, 13 May 2015, archived from the original on 17 May 2015; Look Woon Wei (14 May 2015), "New appointments to Supreme Court Bench", The Straits Times, p. B9.
- ^ Melissa Sim (2 April 2006), "New Chief Justice a man of fair judgment", The Straits Times.
- ^ SCJA, s. 61(2).
- ^ SCJA, s. 61(1).
- ^ Constitution, Art. 111(3).
- ^ a b Official website of the Legal Service Commission.
- ^ Appointment of Acting Registrar and Acting Deputy Registrar [Registrar's Circular No. 2 of 2008] (PDF), Supreme Court of Singapore, 10 April 2008, retrieved 18 April 2009; Appointment of Registrar and Deputy Registrar [Registrar's Circular No. 4 of 2009] (PDF), Supreme Court of Singapore, 15 April 2009, archived from the original (PDF) on 18 April 2009, retrieved 15 April 2009; "Singapore Court Registrar named", The Straits Times, 17 April 2009, archived from the original on 18 April 2009.
- ^ SCJA, s. 79(1).
- ^ State Courts Act (Cap. 321, 2007 Rev. Ed.) ("SCA"), s. 3(1).
- ^ SCA, s. 8A(1).
- ^ SCA, ss. 8A(2) and (3).
- ^ Court Governance and Administration: Our Organisation Structure, State Courts of Singapore, 1 February 2017, archived from the original on 22 February 2017.
- ^ SCA, s. 9(3).
- ^ SCA, s. 10(2). However, people may be appointed as District Judges and Magistrates if they have been for not less than five years and one year respectively qualified persons as defined in the Legal Profession Act, and the Chief Justice, having regard to their qualifications and experience, is of the opinion that they are suitable to be appointed: SCA, ss 9(3A) and 10(3).
- ^ SCA, s. 12(2).
- ^ SCA, ss. 9(1) and 10(1).
- ^ SCA, s. 12(1).
- ^ SCA, ss. 17(1) and 17(2) and para. 1 of the Schedule.
- ^ SCA, s. 68(1).
See also
References
- Constitution of the Republic of Singapore (1985 Rev. Ed., 1999 Reprint).
- State Courts Act (Cap. 321, 2007 Rev. Ed.) ("SCA").
- Supreme Court of Judicature Act (Cap. 322, 2007 Rev. Ed.) ("SCJA").
- Hoo, Sheau Peng (29 March 2010), Registrar's Circular No. 1 of 2010: Notification of Changes in Designation (PDF), State Courts of Singapore, archived from the original (PDF) on 2 June 2010.
- Tan, Kevin Y[ew] L[ee]; Thio, Li-ann (1997), Tan, Yeo & Lee's Constitutional Law in Malaysia and Singapore (2nd ed.), Singapore: Butterworths Asia, ISBN 978-0-409-99908-2.
Further reading
Supreme Court
- Kwek, Mean Luck [et al.], eds. (2006), Hall of Justice: Supreme Court Singapore, Singapore: Supreme Court, Singapore, ISBN 978-981-05-5356-2
{{citation}}
:|first=
has generic name (help)CS1 maint: multiple names: authors list (link). - Supreme Court Singapore: Excellence into the Next Millennium, Singapore: Supreme Court, Singapore, 1999, ISBN 978-981-04-1266-1.
- Supreme Court Singapore: The Re-organisation of the 1990s, Singapore: Supreme Court, Singapore, 1994, ISBN 978-9971-88-426-0.
- Thian, Yee Sze; Chong, Chin Chin; Lim, Sharon, eds. (2002), In Session: Supreme Court Singapore: The Building, Her Heritage and Her People, Singapore: Supreme Court, Singapore, ISBN 978-981-04-7671-7
{{citation}}
:|first3=
has generic name (help)CS1 maint: multiple names: authors list (link). - Yong, Pung How (1996), Hoo, Sheau Peng [et al.] (ed.), Speeches and Judgments of Chief Justice Yong Pung How, Singapore: FT Law & Tax Asia Pacific, ISBN 978-981-3069-07-7.
State Courts
- Khoo, Oon Soo (1985), Brief History of the Subordinate Courts, Singapore, Singapore: O.S. Khoo. Available in the National University of Singapore Central Library and C.J. Koh Law Library.
- Koh, Daniel, ed. committee chairman (1997), Singapore Subordinate Courts: Excellence and Beyond, Singapore: State Courts of Singapore, ISBN 978-9971-88-540-3
{{citation}}
: CS1 maint: multiple names: authors list (link).