ORDER
65
SERVICE OF FOREIGN PROCESS
Definition (O. 65, r. 1)
1.
In
this Order, “process” includes a citation.
Service of foreign legal process pursuant to letter
of request (O. 65, r. 2)
2.
—(1)
This
Rule applies in relation to the service of any process required
in connection with civil proceedings pending before a court or other
tribunal of a foreign country where a letter of request from such
a tribunal requesting service on a person in Singapore of any such
process sent with the letter is received by the Minister and is
sent by him to the Supreme Court with an intimation that it is desirable
that effect should be given to the request.
(2)
In order that service of the process
may be effected in accordance with this Rule, the letter of request
must be accompanied by a translation thereof in English, 2 copies
of the process to be served and 2 copies of the translation of the
process in English.
(3)
Subject to paragraph (4) and to any
written law which provides for the manner in which documents may
be served on a body corporate, service of the process shall be effected
by leaving a copy of it and of the translation with the person to
be served.
Service shall be effected by the process
server.
(4)
Where an application in that behalf
is made by the Attorney-General, the Court may make an order for
substituted service of the process, and, where such an order is
made, service of the process shall be effected by taking such steps
as the Court may direct to bring the process to the notice of the
person to be served.
(5)
After service of the process has been
effected or (if such be the case) attempts to effect service of
it have failed, the process server shall file a copy of the process, an
affidavit made by the person who served, or attempted to serve,
the process stating when, where and how he did or attempted to do
so, a copy of that affidavit and a statement of the costs incurred
in effecting, or attempting to effect, service.
(6)
The Registrar shall give a certificate
in Form 147 —(a)
identifying the documents annexed
thereto, that is to say, the letter of request for service, a copy
of the process received with the letter and a copy of the affidavit
referred to in paragraph (5);
(b)
certifying that the method of service
of the process and the proof of service are such as are required
by the Rules of Court regulating the service of process of that
Court in Singapore or, if such be the case, that service of the process
could not be effected for the reason specified in the certificate;
and
(c)
certifying that the cost of effecting,
or attempting to effect, service is the amount so specified.
(7)
The certificate given under paragraph
(6) shall be sealed with the seal of the Supreme Court for use out
of the jurisdiction and shall be sent to the Permanent Secretary
to the Minister.
Alternative mode of service of foreign legal process
(O. 65, r. 2A)
2A.
—(1)
Subject
to Rule 3, this Rule applies in relation to the service of any process
required in connection with civil proceedings pending before a court
or other tribunal of a foreign country where Rule 2 does not apply
or is not invoked.
(2)
Service of any such process within
Singapore may be effected by a method of service authorised by these
Rules for the service of analogous process issued by the Court.
(3)
This Rule shall apply notwithstanding
that the foreign process is expressed to be or includes a command
of the foreign sovereign.
Service of foreign legal process under Civil Procedure
Convention (O. 65, r. 3)
3.
—(1)
This
Rule applies in relation to the service of any process required
in connection with civil proceedings pending before a court or other
tribunal of a foreign country, being a country with which there
subsists a Civil Procedure Convention providing for service in Singapore
of process of the tribunals of that country, where a letter of request
from a consular or other authority of that country requesting service
on a person in Singapore of any such process sent with the letter
is received by the Registrar.
(2)
In order that service of the process
may be effected in accordance with this Rule the letter of request
must be accompanied by a copy of a translation of the process to
be served in English.
(3)
Subject to any written law which provides
for the manner in which documents may be served on bodies corporate
and to any special provisions of the relevant Civil Procedure Convention,
service of the process shall be effected by leaving the original
process or a copy of it, as indicated in the letter of request,
and a copy of the translation with the person to be served.
Service shall be effected by the process
server.
(4)
After service of the process has been
effected or (if such be the case) attempts to effect service of
it have failed, the process server shall file an affidavit made
by the person who served, or attempted to serve, the process stating
when, where and how he did or attempted to do so, and a statement
of the costs incurred in effecting, or attempting to effect, service.
(5)
The Registrar shall give a certificate
certifying —(a)
that the process or a copy thereof,
as the case may be, was served on the person, at the time, and in
the manner, specified in the certificate or, if such be the case,
that service of the process could not be effected for the reason
so specified; and
(b)
that the cost of effecting, or attempting
to effect, service is the amount so specified.
(6)
The certificate given under paragraph
(5) shall be sealed with the seal of the Supreme Court for use out
of jurisdiction and shall be sent to the consular or other authority
by whom the request for service was made.
Costs of service, etc., to be certified by Registrar
(O. 65, r. 4)
4.
A
statement of the costs incurred in effecting, or attempting to effect,
service under Rule 2 or 3 shall be submitted to the Registrar who
shall certify the amount properly payable in respect of those costs.