The Supreme Court of Singapore is a set of courts in Singapore, comprising the Court of Appeal and the High Court. It hears both civil and criminal matters. The Court of Appeal hears both civil and criminal appeals from the High Court. The Court of Appeal may also decide a point of law reserved for its decision by the High Court, as well as any point of law of public interest arising in the course of an appeal from a court subordinate to the High Court, which has been reserved by the High Court for decision of the Court of Appeal.
Under changes in 2021 made due to the increasing volume and complexity of civil appeals, the High Court was in effect sub-divided into two divisions, the General Division and the Appellate Division. The General Division took over the jurisdiction of the High Court, while the Appellate Division was a new court formed to hear those civil appeals from the General Division that are not allocated to the Court of Appeal. The Appellate Division has only civil appellate jurisdiction, and appeals from it to the Court of Appeal are allowed only in limited cases with leave. (In the following, references to the High Court should now be read as references to the General Division).
The High Court's jurisdiction is as follows: generally, a civil case is commenced in the High Court if the subject matter of the claim exceeds S$250,000. Probate matters are dealt with in the High Court if the value of the estate exceeds S$3 million or if the case involves the resealing of a foreign grant. In addition, ancillary matters in family proceedings involving assets of S$1.5 million or above are heard in the High Court.
Criminal cases involving offences which carry the death penalty and generally those punishable with imprisonment for a term exceeding ten years, are prosecuted in the High Court. Non-bailable offences are generally tried in the High Court. As a rule of thumb, the High Court in Singapore has inherent jurisdiction to try all matters within Singapore.
History The earliest predecessor of the Supreme Court was the Court of Judicature of Prince of Wales' Island (now Penang), Singapore and Malacca, which was established by the Second Charter of Justice, issued by the Crown as letters patent dated 27 November 1826.. The Court was presided over by the Governor of the Straits Settlements and Resident Councillor of the settlement where the court was to be held, and another judge called the Recorder.. The Third Charter of Justice of 12 August 1855 reorganised the Court, providing the Straits Settlements with two Recorders, one for Prince of Wales' Island and the other for Singapore and Malacca.Chionh, p. 103. Following the reconstitution of the Straits Settlements as a Crown colony with effect from 1 April 1867,By the Straits Settlements Act 1866 (29 & 30 Vict. c. 115) (UK). the Court of Judicature was replaced by the Supreme Court of the Straits Settlements.By the Supreme Court Ordinance 1868 (No. 5 of 1868) (Straits Settlements). The Governor and Resident Councillors ceased to be judges of the Court.These changes were respectively effected by the Judicial Duties Act (No. 3 of 1867) (Straits Settlements) and the Supreme Court Ordinance 1868 (No. 5 of 1868) (Straits Settlements). Further changes to the Court's constitution were made in 1873. It now consisted of two divisions – the Chief Justice and the Senior Puisne Judge formed the Singapore and Malacca division of the Court, while the Judge of Penang and the Junior Puisne Judge formed the Penang division. The Supreme Court also received jurisdiction to sit as a Court of Appeal in civil matters. In 1878 the jurisdiction and residence of judges was made more flexible, thus impliedly abolishing the geographical division of the Supreme Court.By the Courts Ordinance 1878 (No. 3 of 1878) (Straits Settlements). Appeals from decisions of the Supreme Court lay first to the Court of Appeal and then to the Queen-in-Council, the latter appeals being heard by the Judicial Committee of the Privy Council.Judicial Committee Act 1844 (7 & 8 Vict., c. 69 ) (UK).
As a result of legislation passed in 1885,Ordinance No. XV of 1885 (Straits Settlements). the Supreme Court consisted of the Chief Justice and three puisne judges. The Court was significantly altered in 1907.By the Courts Ordinance 1907 (No. XXX of 1907, Straits Settlements). It now had two divisions, one exercising original civil and criminal jurisdiction and the other appellate civil and criminal jurisdiction.Chionh, "Development of the Court System", pp. 104–106.
During the Japanese occupation of Singapore (1942–1945), all the courts that had operated under the British were replaced by new courts established by the Japanese Military Administration. The Syonan Koto-Hoin (Supreme Court) was formed on 29 May 1942; there was also a Court of Appeal, but it was never convened. Following the end of World War II, the courts that had existed before the war were restored. There was no change in the judicial system when the Straits Settlements were dissolved in 1946, and Singapore became a crown colony in its own right,By the Straits Settlements (Repeal) Act 1946 (9 & 10 Geo. 6. c. 37). except that the Supreme Court of the Straits Settlements became known as the Supreme Court of Singapore..
Singapore gained independence from the United Kingdom through merger with Malaysia in 1963. The judicial power of Malaysia was vestedBy the Malaysia Act 1963 (No. 26 of 1963, Malaysia). in a Federal Court, a High Court in Malaya, a High Court in Borneo (now the High Court in Sabah and Sarawak), and a High Court in Singapore (which replaced the Supreme Court of the Colony of Singapore).The change was effected by the Courts of Judicature Act 1963 (No. 7 of 1964, Malaysia), reprinted as Act No. RS(A) 6 of 1966 in the Singapore Reprints Supplement (Acts) of the Government Gazette. Appeals lay from the High Court in Singapore to the Federal Court in Kuala Lumpur, and then to the Privy Council. The merger did not last: in 1965 Singapore left the Federation of Malaysia and became an independent republic. However, the High Court remained part of the Federal Court structure until 1969, when Singapore enacted the Supreme Court of Judicature ActSupreme Court of Judicature Act 1969 (No. 24 of 1969), now the . to regularise the judicial system. Coming into force on 9 January 1970, the Act declared that the Supreme Court of Singapore now consisted of the Court of Appeal, the Court of Criminal Appeal and the High Court. The Judicial Committee of the Privy Council remained Singapore's highest appellate courtConstitution (Amendment) Act 1969 (No. 19 of 1969). until a permanent Court of Appeal for both civil and criminal appeals was established. Appeals to the Privy Council were completely abolished in 1994.By the Judicial Committee (Repeal) Act 1994 (No. 2 of 1994).Chionh, "Development of the Court System", pp. 108, 110–111, 113–114, 116.
The first woman to serve as a supreme court justice is Lai Siu Chiu, who was sworn in on 30 April 1994.
Constitution of the Court Article 93 of the Constitution of the Republic of Singapore. vests the judicial power of Singapore in the Supreme Court and the Subordinate Courts. The Chief Justice is the head of the judiciary.
The Supreme Court is a superior court of record. ("SCJA"), section 3. It is superior in the sense that its jurisdiction to hear civil and criminal cases is unlimited compared to the Subordinate Courts, and it hears appeals from these courts. As a court of record, it keeps a perpetual record of its proceedings. The Court of Appeal is the upper division of the Supreme Court, the lower one being the High Court.Constitution, Article 94(1): "The Supreme Court shall consist of the Court of Appeal and the High Court with such jurisdiction and powers as are conferred on those Courts by this Constitution or any written law."
The Supreme Court Bench consists of the Chief Justice, the Judges of Appeal, and Judges and Judicial Commissioners of the High Court. All members of the Bench are appointed by the President of Singapore if he, acting in his discretion, concurs with the advice of the Prime Minister. Before Judges of Appeal, High Court Judges and Judicial Commissioners are appointed, the Prime Minister must also consult the Chief Justice before tendering advice on the matter to the President.Constitution, Art. 95. A judge, for at least ten years, must meet the qualifications of the Legal Profession Act before being appointed., s. 2. or a member of the Singapore Legal Service, or both.Constitution, Art. 96.
The Court of Appeal is made up of the Chief Justice, who is the President of the Court,In the Chief Justice's absence the presidency of the Court of Appeal is determined according to the following order of precedence: (1) the vice-presidents of the Court of Appeal, (2) the Judges of Appeal who are not vice-presidents of the Court; and (3) High Court judges. Within each category, judges rank among themselves according to the priority of their appointments: SCJA, s. 29(4) read with s. 4. and the Judges of Appeal.SCJA, ss. 29(1) and (4). The Chief Justice may ask High Court judges to sit as judges of the Court of Appeal to hear specific appeals.SCJA, s. 29(3). Pursuant to the Chief Justice's power to appoint Judges of Appeal as vice-presidents of the Court,SCJA, s. 29(2). Justice of Appeal Chao Hick Tin has been vice-president of the Court since 18 April 2008.. With effect from 11 April 2010, Chao J.A. was reappointed Judge of Appeal and vice-president of the Court for another two years: . The High Court consists of the Chief Justice and the Judges of the High Court,SCJA, s. 9. together with Judicial Commissioners who have the same powers and immunities as High Court Judges.Constitution, Art. 94(4).
When hearing an appeal, the Court of Appeal normally sits with a bench of three Judges of Appeal, one of whom is the Chief Justice. If necessary though, such as in cases of unusual difficulty or importance, the bench may comprise five or any greater uneven number of judges.SCJA, s. 30(1). Certain appeals, including those against interlocutory orders, may be heard by only two judges.SCJA, s. 30(2). Matters before the Court are decided according to the opinion of the majority of the members of the Court hearing the case.SCJA, s. 31(1). If there are only two judges hearing an appeal and they disagree, the appeal is dismissed and the decision appealed against stands.SCJA, s. 31(2). Proceedings in the High Court are heard before a single judge, unless otherwise provided by any written law.SCJA, s. 10(1). A Judge of Appeal may also sit in the High Court as a Judge.SCJA, s. 10(3).
As of May 2022, the Supreme Court comprise 28 judges - including the chief justice and four judges of appeal - three senior judges and 17 international judges.
Administration