ORDER
63A
ELECTRONIC FILING AND SERVICE
Definitions (O. 63A, r. 1)
1.
In
this Order —"authentication
code"
means any identification
or identifying code, password or any other authentication method
or procedure which has been assigned by the Registrar for the purpose
of identifying and authenticating the access to and use of the electronic
filing service;
"electronic
filing service"
means the electronic
filing service established under Rule 2;
"electronic
transmission"
means electronic
transmission by a registered user using the computer system provided
for this purpose by the network service provider;
"identification
name"
means the identification
name assigned by the Registrar under Rule 6 (1);
"network
service provider"
means a network
service provider appointed by the Registrar, with the approval of
the Chief Justice, under Rule 3;
"registered
user"
means a person who has
been registered by the Registrar to gain access to and use the electronic
filing service under Rule 5;
"service
bureau"
means a service bureau
which the Registrar has authorised to be established in pursuance
of Rule 4 for the purpose of assisting in the filing, service, delivery
or conveyance of documents using the electronic filing service;
"specified
documents"
means documents which
are specified in any practice directions for the time being issued
by the Registrar as being documents which may be or must be filed
in Court using the electronic filing service.
Establishment of electronic filing service (O. 63A,
r. 2)
2.
The
Registrar may, with the approval of the Chief Justice, establish
an electronic filing service and make provision for specified documents
to be filed, served, delivered or otherwise conveyed using that
service.
Network service provider (O. 63A, r. 3)
3.
The
electronic filing service shall be operated by a network service
provider appointed by the Registrar with the approval of the Chief
Justice.
Service bureau (O. 63A, r. 4)
4.
—(1)
The
Registrar may establish or appoint agents to establish a service
bureau or service bureaux to assist in the filing, service, delivery
or conveyance of documents using the electronic filing service.
(2)
Any agent appointed by the Registrar
in pursuance of paragraph (1) shall not be treated as such for the
purposes of the acceptance of the payment of fees or service charges.
Registered user (O. 63A, r. 5)
5.
—(1)
Any
person or entity may apply to the Registrar to be a registered user
in accordance with any procedures and on payment of such fees as
may be prescribed for such applications in any practice directions
for the time being issued by the Registrar.
(2)
The Registrar may allow a person or
entity to become a registered user on such terms and with such restrictions
pertaining to the electronic filing, service, delivery or conveyance
of documents as he thinks fit.
(3)
Before using the electronic filing
service, the registered user shall —(a)
enter into an agreement with the network
service provider for the provision of the network service, and the
necessary computer and communication equipment and software necessary
to use the electronic filing service; and
(b)
make arrangements with the Registrar
for the mode of payment of the applicable fees prescribed in these
Rules.
(4)
The Registrar may waive the application
of paragraph (3), in whole or in part, in relation to such registered
users or class of registered users as he thinks appropriate.
Authentication code (O. 63A, r. 6)
6.
—(1)
Before
using the electronic filing service, the registered user shall apply
to the Registrar for one or more identification names and authentication
codes to be assigned to him or his authorised agent.
(2)
The registered user or his authorised
agent shall register his particulars with the Registrar and acknowledge
in writing safe receipt of the identification name and authentication
code assigned to him by the Registrar.
(3)
The registered user or his authorised
agent shall inform the Registrar in writing of any change in particulars.
(4)
When the authority of an authorised
agent is revoked or terminated, the registered user shall immediately
request the Registrar in writing to cancel the identification name
and authentication code of that authorised agent in the manner specified in
practice directions for the time being issued by the Registrar.
Security of authentication code (O. 63A, r. 7)
7.
The
registered user or his authorised agent shall ensure the confidentiality
and security of his authentication code and shall not —(a)
divulge his authentication code to
any other person; or
(b)
permit any other person to use his
authentication code.
Electronic filing (O. 63A, r. 8)
8.
—(1)
Where
a specified document is required to be filed with, served on, delivered
or otherwise conveyed to the Registrar under any other provision
of these Rules, it must be so filed, served, delivered or otherwise
conveyed using the electronic filing service in accordance with
this Order and any practice directions for the time being issued
by the Registrar.
(1A)
For the purpose of paragraph (1),
any requirement for the filing, service, delivery or otherwise conveyance
of a specified document is satisfied by the filing, service, delivery
or otherwise conveyance of a single copy using the electronic filing service
in accordance with this Order.
(2)
Filing, service, delivery or conveyance
of a specified document using the electronic filing service in pursuance
of paragraph (1) may be done in one of 2 ways —(a)
by electronic transmission; or
(b)
via a service bureau.
(3)
Notwithstanding anything in paragraph
(1), the Registrar may allow a document, part of a document or any
class of documents to be filed, served, delivered or otherwise conveyed
other than by using the electronic filing service.
(4)
The form of any specified document
shall be as prescribed in any practice directions for the time being
issued by the Registrar, and shall, in the absence of such prescription,
be in the form prescribed by Order 1, Rule 7.
Signing of electronic documents (O. 63A, r. 9)
9.
Where
a specified document is filed, served, delivered or otherwise conveyed using
the electronic filing service, any requirement under any other provision
of these Rules relating to signing by or the signature of —(a)
the registered user, shall be deemed
to be complied with if the identification name and authentication
code of the registered user has been applied to the document or
the transmission containing the document;
(b)
the Registrar, shall be deemed to
be complied with if the identification name and authentication code
of the Registrar has been applied to the document or the transmission
containing the document, or a facsimile of the Registrar’s
signature is reproduced in the document.
Date of filing (O. 63A, r. 10)
10.
—(1)
Where
a document is filed with, served on, delivered or otherwise conveyed
to the Registrar using the electronic filing service and is subsequently
accepted by the Registrar, it shall be deemed to be filed, served,
delivered or conveyed —(a)
where the document is filed, served,
delivered or conveyed by electronic transmission, on the date and
at the time that the first part of the transmission is received
in the computer account of the network service provider;
(b)
where the document is filed, served,
delivered or conveyed via a service bureau, on the date and at the
time that the first part of the transmission is received in the
computer account of the Registrar.
(1A)
Paragraph (1) shall not apply to the
following documents:(a)
a Request4 for
a caveat against the issue of a warrant to arrest the property filed
pursuant to Order 70, Rule 5;
(b)
a Request4 for
a caveat against the issue of a release and payment out of Court
filed pursuant to Order 70, Rule 13;
(c)
a caveat entered pursuant to Order
71, Rule 37.
(1B)
Where a document to which paragraph
(1A) applies is filed with, served on, delivered or otherwise conveyed
to the Registrar using the electronic filing service and is subsequently
accepted by the Registrar, it shall be deemed to be filed, served, delivered
or conveyed —(a)
where the document is filed, served,
delivered or conveyed by electronic transmission, on the date and
at the time that the Registrar accepts the document, as reflected
in the computer account of the Registrar;
(b)
where the document is filed, served,
delivered or conveyed via a service bureau, on the date and at the
time that the Registrar accepts the document, as reflected in the
computer account of the Registrar.
Where an originating process is filed
or otherwise conveyed using the electronic filing service and it
is subsequently accepted by the Registrar, it shall be deemed to be
issued —(a)
where the document is filed or conveyed
by electronic transmission, on the date and at the time that the
first part of the transmission is received in the computer account
of the network service provider;
(b)
where the document is filed or conveyed
via a service bureau, on the date and at the time that the first
part of the transmission is received in the computer account of
the Registrar.
(3)
The registered user may produce a
record of the transmission issued by the network service provider
or the service bureau, as the case may be, together with a copy of
the notification of acceptance of the document by the Registrar
as evidence of —(a)
the filing or issuance of an originating
process;
(b)
the filing, service, delivery or conveyance
of any other document; or
(c)
the date and time either or both of
these events took place.
(4)
If the Registrar is satisfied for
any reason that a specified document should be treated as having
been filed with, served on, delivered or otherwise conveyed to the Registrar,
or issued, at some earlier date and time, than the date and time
provided for under paragraph (1), (1B) or (2), he may cause the
electronic filing service to reflect such earlier date and time,
and that earlier date and time shall be deemed for all purposes
to be the date and time on and at which the document was filed,
served, delivered, conveyed or issued, as the case may be.
When time for service begins to run (O. 63A, r. 11)
11.
—(1)
Where
a document is filed with, served on, delivered or otherwise conveyed
to the Registrar by electronic transmission, the time for service
of that document shall only begin to run from the time that the
Registrar’s notification of his acceptance of the document
is received in the computer account of that registered user.
(2)
Where a document is filed with or
otherwise conveyed to the Registrar via a service bureau, the time
for service of that document shall only begin to run from the time
that the Registrar’s notification of his acceptance of
the document is received by the service bureau.
(3)
If the Registrar’s notification
referred to in paragraphs (1) and (2) is received in the computer
account or the service bureau respectively on a day other than a working
day, it shall be deemed for the purpose of this Rule to have been
received on the next working day.
Service of documents (O. 63A, r. 12)
12.
—(1)
If
a specified document —(a)
other than a document which is required
by these Rules to be served personally; or
(b)
being a document which is required
by these Rules to be served personally and which the party to be
served has agreed may be served using the electronic filing service,
is required under any other provision
of these Rules to be served, delivered or otherwise conveyed by
a person to any other person and that person is a registered user or
is represented by a solicitor who is a registered user (referred
to in this Rule as the person on whom the document is served), such
service, delivery or conveyance may be effected by using the electronic
filing service by electronic transmission or via a service bureau.
(2)
The document shall be deemed to be
served, delivered or otherwise conveyed on the date and at the time
that the first part of the transmission is received in the computer
account of the network service provider unless evidence to the contrary
is adduced.
(3)
The person serving the document may
produce a record of the service, delivery or conveyance to the person
on whom the document is served which is issued by the network service
provider or the service bureau as evidence of the service, delivery or
conveyance, as well as the date and time of such service, delivery
or conveyance.
(4)
The person serving the document may
file a Registrar’s certificate of service issued through
the network service provider or the service bureau in lieu of an
affidavit of service and the certificate shall be regarded as prima
facie evidence of such service, delivery or conveyance on the date
and at the time as stated.
(5)
Where a specified document has to
be served, delivered or conveyed by the person serving the document
to more than one person, he may effect such service, delivery or
conveyance using the electronic filing service on such of those
persons who are registered users, and paragraphs (1), (2), (3) and
(4) of this Rule shall apply with such modifications as are necessary.
(6)
Order 62, Rule 8 shall apply to service
effected under this Rule.
Notification or delivery by Registrar (O. 63A, r.
13)
13.
Where
the Registrar is required by any other provision of these Rules
to notify or to deliver or furnish any document to a person who
is a registered user, the Registrar may do so using the electronic
filing service.
Mode of amendment of electronic documents (O. 63A,
r. 14)
14.
Amendments
to specified documents shall be effected in the manner prescribed in
any practice directions for the time being issued by the Registrar.
Affidavits in electronic form (O. 63A, r. 15)
15.
—(1)
Affidavits
which are filed in Court using the electronic filing service may be
used in all proceedings to the same extent and for the same purposes
as paper affidavits filed in Court.
(2)
An affidavit to be filed in Court
using the electronic filing service may be sworn in one of two ways —(a)
electronically; or
(b)
in the usual way in which the deponent
signs the original paper affidavit.
(3)
An affidavit may be sworn electronically
if —(a)
the person before whom the affidavit
to be sworn is at that time —(i)
a registered user; and
(ii)
a person having authority to administer
oaths;
(b)
the person referred to in sub-paragraph
(a) uses an attestation6 prescribed
in a practice direction for the time being issued by the Registrar
for the swearing of affidavits by electronic means;
(c)
the affidavit is affixed or encoded
with the identification name and authentication code of the person
referred to in sub-paragraph (a);
(d)
the swearing of the affidavit by electronic
means is recorded in a register kept by the person referred to in
sub-paragraph (a), and the deponent signs under
his own hand in this register against the affidavit he has sworn;
and
(e)
the affidavit has not been altered
in any way since it was sworn.
Where an affidavit, which is not sworn
electronically, is to be filed in Court using the electronic filing
service, it shall comply with the following requirements:(a)
the affidavit must be sworn in the
usual way in which the deponent signs the original paper affidavit;
(b)
a true and complete electronic image
of the original paper affidavit must be created; and
(c)
the original paper affidavit must
be retained by the party who filed it for a period of 7 years after
it is filed.
(5)
An affidavit in an electronic form
which complies with paragraph (3) but which does not comply fully
with the provisions of Order 41 may nonetheless be used in evidence
to the same extent and for the same purposes as an affidavit which
fully complies with the provisions of Order 41 if its non-compliance
with Order 41 falls within some or all of the following descriptions:(a)
the affidavit is not signed by the
deponent thereof;
(b)
alterations and erasures have not
been signed or initialled by the person before whom the affidavit
was sworn; or
(c)
the attestation6 is
not in one of the forms in Form 78.
(6)
Notwithstanding paragraph (4) (c), if the original paper affidavit subsequently becomes
unavailable within 7 years after it was filed, the court may grant
leave for the electronic image of the original paper affidavit filed
in Court using the electronic filing service to be continued to
be used in the proceedings for which it was filed, or in any other
proceedings.
(7)
If an affidavit which has been sworn
electronically in compliance with paragraph (3) subsequently cannot
be retrieved from the computer system of the Court for any reason,
the contents of the affidavit and the fact that it was sworn by
the deponent thereof may be proved by producing a copy of the paper
affidavit that has been certified as a true copy by an officer of
the court.
Presumptions (O. 63A, r. 16)
16.
—(1)
If
a certificate within the meaning of section 2 of the Electronic
Transactions Act (Chapter 88) is issued by the Registrar in respect
of any registered user or his authorised agent, and was accepted
by the registered user or his authorised agent, as the case may
be, it shall be presumed unless proven otherwise that the information listed
in the certificate is correct.
(2)
Where a document is transmitted to
the computer account of the Registrar and the authentication code
assigned to a registered user or his authorised agent was affixed
to the document or the transmission containing the document —(a)
with or without the authority of the
registered user; and
(b)
before the notification to the Registrar,
in the manner specified in any practice direction for the time being
issued by the Registrar, of cancellation of the authentication code,
it shall be presumed unless proven
otherwise that —(i)
the document has not been altered
since the authentication code was affixed;
(ii)
the document was transmitted accurately;
(iii)
the document was made and transmitted
by the registered user or his authorised agent, as the case may
be; and
(iv)
the authentication code was affixed
or applied to a document or the transmission containing a document,
as the case may be, with the intention of signing or approving the
document.
(3)
Where a document is filed, served,
delivered or conveyed using the electronic filing service via a
service bureau, and it is proved that —(a)
the document so filed, served, delivered
or conveyed was affixed with the authentication code assigned to
a member of the personnel of the service bureau, or the transmission
containing the document was so affixed with this authentication
code;
(b)
reasonable steps were taken by the
personnel of the service bureau to verify and record the identity
of the person tendering the document to the service bureau;
(c)
reasonable steps were taken by the
personnel of the service bureau to verify and record that the person
tendering the document represented the person, if any, on whose
behalf he purported to tender the document;
(d)
reasonable steps were taken by the
personnel of the service bureau to verify and record the service
required by the person tendering the document; and
(e)
the document was filed, served, delivered
or otherwise conveyed using the electronic filing service in the
name of the person recorded by the personnel of the service bureau
and in accordance with the instructions recorded by the personnel
of the service bureau,
it shall be presumed unless proven
otherwise that —(i)
the authentication code was duly affixed
or applied to the transmission containing the document; and
(ii)
the document was made and transmitted
by the service bureau for and on behalf of, and with the authority
of, the person tendering the document and the person, if any, he
purported to represent.
(4)
A certificate under the hand of the
Registrar giving the authentication code, identification name and
other particulars of the registered user and a description of the
document transmitted shall be sufficient evidence of the matters
referred to in paragraph (2) (a) and (b).
Discrepancy (O. 63A, r. 17)
17.
Where
a specified document was filed using the electronic filing service,
and there is any inconsistency between —(a)
the information entered into the electronic
template of the document or of the transmission containing the document;
and
(b)
the information contained in the document,
the information in the electronic template
shall prevail.
Interpretation (O. 63A, r. 18)
18.
—(1)
A
registered user or his authorised agent who has been registered
by the Registrar of the Supreme Court, and for this purpose has
been issued with an identification name and an authentication code,
shall be treated for the purposes of this Order as if he had also
been registered, and had similarly been issued with an identification
name and an authentication code, by the Registrar of the Subordinate Courts.
(2)
A registered user or his authorised
agent who has been registered by the Registrar of the Subordinate
Courts, and for this purpose has been issued with an identification
name and an authentication code, shall be treated for the purposes
of this Order as if he had also been registered, and had similarly
been issued with an identification name and an authentication code,
by the Registrar of the Supreme Court.
(3)
A service bureau established or authorised
to be established by the Registrar of the Supreme Court under Rule
4 may be used to assist in the filing, service, delivery or conveyance
of documents pertaining to Subordinate Courts proceedings using
the electronic filing service in such cases and circumstances as
the Registrar of the Subordinate Courts may prescribe in practice
directions issued from time to time.
(4)
A service bureau established or authorised
to be established by the Registrar of the Subordinate Courts under
Rule 4 may be used to assist in the filing, service, delivery or
conveyance of documents pertaining to Supreme Court proceedings
using the electronic filing service in such cases and circumstances
as the Registrar of the Supreme Court may prescribe in practice
directions issued from time to time.