Foreign Interference (Countermeasures) (Reviewing Tribunal) Rules 2022

No. S 584

Foreign Interference
(Countermeasures) Act 2021

Foreign Interference
(Countermeasures)
(Reviewing Tribunal) Rules 2022

In exercise of the powers conferred by section 99 of the Foreign Interference (Countermeasures) Act 2021, the Minister for Home Affairs makes the following Rules:

PART 1

PRELIMINARY

Citation and commencement

1.  These Rules are the Foreign Interference (Countermeasures) (Reviewing Tribunal) Rules 2022 and come into operation on 7 July 2022.

Definitions

2.—(1)  In these Rules, unless the context otherwise requires —

“appeal” means an appeal made under section 92(1) of the Act against an appealable decision;

“appeal proceedings” means proceedings before a Reviewing Tribunal regarding an appeal contained in a notice of appeal;

“appealable decision” means any of the following:

(a) an authorisation by the Minister made under section 23(3)(b) of the Act to the competent authority to give a Part 3 direction;

(b) an authorisation by the Minister affirmed under section 23(3)(c) of the Act to the competent authority to give a Part 3 direction;

(c) a declaration by the Minister made under section 26(3)(b) of the Act in relation to an online location;

(d) a declaration by the Minister affirmed under section 26(3)(c) of the Act in relation to an online location;

“appellant” means —

(a) a person who is given a Part 3 direction and who brings an appeal against an appealable decision about an authorisation by the Minister to give that direction; or

(b) a proprietor of a proscribed online location who brings an appeal against an appealable decision relating to that online location;

“authorised representative”, for any person, means an individual who is allowed under rule 11 to represent the person in an appeal proceeding, whether or not the individual is an advocate and solicitor;

“chairperson”, for a Reviewing Tribunal, means the chairperson of the Reviewing Tribunal appointed under section 94(2) of the Act;

“contact address”, for any person, means any of the following nominated by the person for the receiving of documents under these Rules:

(a) the person’s residential address in Singapore, if an individual;

(b) the address of the person’s place of business in Singapore;

(c) an email address;

(d) the person’s chosen means of notification and chosen means of access to access any of those documents;

“defence” means a defence to a notice of appeal under rule 18;

“identity particulars” means —

(a) for an individual —

(i) the full name, and the number of the passport or other identity document, of the individual; and

(ii) the nationality of the individual; and

(b) for an entity —

(i) the full name of the entity;

(ii) the place the entity was incorporated or otherwise formed; and

(iii) the Unique Entity Number (UEN) of the entity, where available;

“notice of appeal” has the meaning given by rule 13;

“parties”, in relation to any appeal proceedings about an appeal, means —

(a) the appellant in the appeal; and

(b) the Minister,

and “party” means either of them;

“Secretary” means the Secretary to the Reviewing Tribunals appointed under section 96(2) of the Act;

“Tribunal member” means a member of a Reviewing Tribunal;

“working day” means any day except a Saturday, Sunday or public holiday.

(2)  Unless the context otherwise requires, a reference to a Reviewing Tribunal in relation to any part of an appeal proceeding is a reference to the Reviewing Tribunal who has cognizance of the appeal which is the subject of the appeal proceeding.

(3)  An appeal is decided by a Reviewing Tribunal without an in‑person hearing if it is decided on written material and submissions without parties to the appeal proceeding attending in person before the Reviewing Tribunal.

Address for service on Reviewing Tribunal

3.  Any appeal or other document to be lodged with, given to or served on a Reviewing Tribunal under these Rules must be addressed to the “Secretary to the Reviewing Tribunals” and sent by email to [email protected].

Appropriate form

4.—(1)  In these Rules, “appropriate form”, in relation to any purpose for which a specific form is required to be used, means the relevant form that is set out on the website at https://www.mha.gov.sg/fica/resources.

(2)  A requirement in these Rules that a document be in an appropriate form includes a requirement that the document be completed in the English language and in accordance with such directions as may be specified in the appropriate form.

(3)  However, where strict compliance with an appropriate form is not possible, the Secretary may allow for the necessary modifications to be made to that form, or for the requirements of that form to be complied with in such other manner as the Secretary thinks fit.

Secretary to Reviewing Tribunals

5.—(1)  The duty of the Secretary is —

(a) to provide administrative and secretarial support to each Reviewing Tribunal in relation to every appeal the Reviewing Tribunal has cognizance of under these Rules; and

(b) to perform such other duties as are prescribed in these Rules.

(2)  The Secretary has to attend at —

(a) every hearing by a Reviewing Tribunal of an appeal referred to the Reviewing Tribunal under rule 20; and

(b) every meeting of a Reviewing Tribunal when deliberating on making a decision about an appeal.

(3)  For every appeal proceeding relating to an appeal, the Secretary has to act in accordance with such instructions as may be given from time to time by the chairperson of the Reviewing Tribunal which has cognizance of the appeal under these Rules, where —

(a) answering all correspondence and other communications addressed to the Reviewing Tribunal in connection with the appeal; and

(b) accepting, transmitting, serving and keeping in custody all notices and other documents in accordance with the Act and these Rules in connection with the appeal.

Made on 4 July 2022.

PANG KIN KEONG

Permanent Secretary,
Ministry of Home Affairs,
Singapore.

[MHA 112/2/00121; AG/LEGIS/SL/111C/2020/3 Vol. 1]

(To be presented to Parliament under section 99(3) of the Foreign Interference (Countermeasures) Act 2021).