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The Judiciary is one of the three branches of government in Singapore, namely the Executive, the Legislature and the Judiciary. Under Article 93 of the Constitution of the Republic of Singapore, judicial power in Singapore is vested in the Supreme Court and in such subordinate courts as may be provided for by any written law for the time being in force. The Honourable the Chief Justice is the head of the Judiciary.
The Supreme Court is made up of the Court of Appeal and the High Court, and hears both civil and criminal matters. The Supreme Court Bench consists of the Chief Justice, the Judges of Appeal, Judges and the Judicial Commissioners of the Supreme Court. The Supreme Court Registry is headed by the Registrar who is assisted by the Deputy Registrar, Senior Assistant Registrars and Assistant Registrars. Justices' Law Clerks, who work directly under the charge of the Chief Justice, assist the Judges and Judicial Commissioners by carrying out research on the law, particularly for appeals before the Court of Appeal.
The Court of Appeal hears appeals against the decisions of High Court Judges in both civil and criminal matters. It became Singapore's final court of appeal on 8 April 1994, when appeals to the Judicial Committee of the Privy Council were abolished.
The Chief Justice sits in the Court of Appeal together with the Judges of Appeal. A Judge of the High Court may, on the request of the Chief Justice, sit in the Court of Appeal. The Court of Appeal is presided over by the Chief Justice, and in his absence, a Judge of Appeal or a Judge of the High Court.
The Court of Appeal is usually made up of three Judges. However, certain appeals, including those against interlocutory orders, may be heard by only two Judges. If necessary, the Court of Appeal may comprise five or any greater uneven number of Judges.
The High Court consists of the Chief Justice and the Judges of the High Court. A Judge of Appeal may also sit in the High Court as a Judge. Proceedings in the High Court are heard before a single judge, unless otherwise provided by any written law. The High Court may also appoint one or more persons with expertise in the subject matter of the proceedings to assist the court.
The High Court hears both criminal and civil cases as a court of first instance. The High Court also hears appeals from the decisions of District Courts and Magistrate's Courts in civil and criminal cases, and decides points of law reserved in special cases submitted by a District Court or a Magistrate's Court. In addition, the High Court has general supervisory and revisionary jurisdiction over all subordinate courts in any civil or criminal matter.
With a few limited exceptions, the High Court has the jurisdiction to hear and try any action where the defendant is served with a writ or other originating process in Singapore, or outside Singapore in the circumstances authorised by Rules of Court; or where the defendant submits to the jurisdiction of the High Court. Generally, except in probate matters, a civil case must be commenced in the High Court if the value of the claim exceeds $250,000.00. Probate matters are commenced in the High Court only if the value of the deceased's estate exceeds $3,000,000.00 or if the case involves the resealing of a foreign grant. In addition, ancillary matters in family proceedings involving assets of S$1,500,000.00 or more are also heard in the High Court.
The following matters are also exclusively heard by the High Court:
- Admiralty matters;
- Company winding-up proceedings;
- Bankruptcy proceedings; and
- Applications for the admission of advocates and solicitors.
The High Court has jurisdiction to try all offences committed in Singapore and may also try offences committed outside Singapore in certain circumstances. In criminal cases, the High Court generally tries cases where the offences are punishable with death or imprisonment for a term which exceeds 10 years.
Specialist Commercial Courts
In response to the increasing complexity of commercial cases reaching the judiciary, various specialised courts have been set up in the Supreme Court. The establishment of dedicated specialist commercial courts underscores the Supreme Court’s depth of expertise and experience in these areas, and its commitment to position and promote Singapore as a premier centre for dispute resolution and as a jurisdiction of choice for the resolution of both domestic and international commercial disputes.
While the High Court bench comprises distinguished jurists with the requisite skill and experience to handle any case placed before them, the High Court has identified Judges who are able to bring their considerable experience and expertise in specialist areas of law to bear on complex commercial cases.
The first specialist commercial court, the Admiralty Court, was established on 4 February 2002. This was followed closely by the establishment of the Intellectual Property Court on 19 February 2002 and by the subsequent establishment of the Arbitration Court on 7 April 2003.
Admiralty Court
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Justice Judith Prakash
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Justice Tan Lee Meng
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Justice Belinda Ang
Intellectual Property Court
Justice Tan Lee Meng
Justice Tay Yong Kwang
Justice Lee Seiu Kin
Justice Chan Seng Onn
Arbitration Court
Justice Judith Prakash
Justice Belinda Ang
Justice Chan Seng Onn
Justice Quentin Loh
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