PART 4 | Address for service on Minister |
10. Any document to be lodged with, given to or served on the Minister under this Part in connection with an appeal under section 16D(5) or 16E(5) of the Act must be addressed to the “Appeals Secretary” and sent —| (a) | by email to [email protected]; or | | (b) | by registered post addressed to the PCRH Secretariat, Ministry of Home Affairs, New Phoenix Park, 28 Irrawaddy Road, Singapore 329560. |
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11.—(1) The Minister may appoint a public officer to be the Appeals Secretary for the purposes of this Part.| (2) The duty of the Appeals Secretary is to provide administrative and secretarial support to the Minister in relation to every appeal. |
(3) The Appeals Secretary has to act in accordance with any instructions that may be given by the Minister from time to time and is, in particular, to be responsible for —| (a) | the answering of all correspondences and other communications addressed to the Minister in connection with appeals; | | (b) | the keeping of minutes of meetings and of all deliberations of the Minister on appeals; and | | (c) | the acceptance, transmission, service and custody of all notices and other documents in accordance with the Act and these Regulations in connection with appeals. |
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| (4) The Appeals Secretary has to attend at every hearing by the Minister of an appeal. |
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| Division 2 — Starting appeal proceedings |
12.—(1) An appeal against an appealable decision of the competent authority must be made to the Minister by lodging, within the time delimited by section 16D(5) or 16E(5) of the Act (as the case may be), a notice of appeal in accordance with regulation 13.| (2) On receiving the notice of appeal, the Appeals Secretary must forward a copy of it to the Minister. |
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13.—(1) Every notice of appeal —| (a) | must state —| (i) | the name and address of the appellant making the appeal; | | (ii) | the name and address of the appellant’s authorised representative; and | | (iii) | a contact address in Singapore for the service of documents on the appellant in connection with appeal proceedings; |
| | (b) | must contain —| (i) | a concise statement of the circumstances under which the appeal arises, the facts and the issues in the appeal; | | (ii) | a summary of the grounds of appeal against the appealable decision, identifying, in particular —| (A) | the statutory provision under which the appealable decision was made by the competent authority; | | (B) | the extent (if any) to which the appellant contends that the appealable decision was based on an error of fact or was wrong in law; and | | (C) | the extent (if any) to which the appellant is appealing against the competent authority’s exercise of discretion in making the appealable decision; and |
| | (iii) | a succinct presentation of the arguments supporting each ground of appeal; |
| | (c) | must be signed and dated by the appellant, or on the appellant’s behalf by the authorised representative; and | | (d) | must be accompanied by —| (i) | a copy of the appealable decision; and | | (ii) | any documents supporting the arguments. |
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| (2) Unless the Minister otherwise directs, if the appellant is lodging the duly signed original of the notice of appeal and its accompanying documents in hardcopy form, the appellant must also lodge with the Appeals Secretary 2 copies of the notice of appeal and those accompanying documents, each certified by the appellant, or by the authorised representative, to be in conformity with the original. |
| (3) An appellant cannot raise or rely on any ground of appeal objection which is not stated in the notice of appeal during any hearing of the appeal unless the appellant has permission under regulation 16 to amend the appellant’s notice of appeal to include that ground. |
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| Defective notices of appeal |
14.—(1) If the Minister considers that a notice of appeal against an appealable decision —| (a) | is not lodged in accordance with regulation 13; or | | (b) | is materially incomplete, unduly prolix or lacking in clarity, |
| the Minister may give any directions to the appellant that are necessary to remedy the notice. |
| (2) The Minister may, if he or she considers that the efficient conduct of the proceedings under this Part so requires, instruct the Appeals Secretary to defer forwarding a copy of the notice of appeal to the competent authority until after the directions given under paragraph (1) have been complied with. |
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15. On receiving a notice of appeal, the Appeals Secretary must —| (a) | affix to the notice of appeal an official stamp showing the date on which the notice of appeal was received; | | (b) | enter the notice of appeal in a list and assign a number to it; | | (c) | inform the appellant of the number assigned under paragraph (b); and | | (d) | subject to regulations 16, 17 and 18, without delay send a copy of the notice of appeal to the competent authority. |
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| Amendment of notice of appeal |
16.—(1) An appellant may, with the permission of the Minister, amend the appellant’s notice of appeal against an appealable decision.| (2) Where the Minister grants permission under paragraph (1), the Minister may do so on any terms or conditions that the Minister considers fit to impose and with any further or consequential directions that the Minister may consider necessary; and regulation 15(d) applies to the amended notice of appeal accordingly. |
(3) The Minister may grant permission to amend a notice of appeal against an appealable decision in order to add a new ground of appeal only if the Minister is satisfied that —| (a) | the ground is based on any matter of fact or law which came to light after the notice of appeal was lodged; | | (b) | it was not practicable to include such ground in the notice of appeal at the time the notice of appeal was lodged; or | | (c) | there are exceptional circumstances to do so. |
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17.—(1) An appellant may, at any time and with the permission of the Minister, withdraw the appellant’s notice of appeal.| (2) Where the Minister grants permission under paragraph (1), the Minister may require the Appeals Secretary to publish a notice of the withdrawal of the appeal in a manner that will secure adequate publicity to any other party to the appeal about the fact of the withdrawal. |
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| Summary disposal of appeal |
18. Where the only parties to an appeal are a single appellant and the competent authority, the Minister may, after giving the parties an opportunity to be heard, at any stage in the appeal proceedings and without calling for a response from the competent authority, determine the appeal proceedings by confirming the appealable decision if —| (a) | the Minister considers that the notice of appeal is made by a person who is not a person entitled under section 16D(5) or 16E(5) of the Act (as the case may be) to make an appeal against the appealable decision; or | | (b) | the appellant has, without reasonable excuse, failed to comply with the time delimited by the Act or any provision of this Part for the submission of any notice, document or other information in the appeal proceedings, or with any direction of the Minister under these Regulations, in relation to those proceedings. |
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| Division 3 — Response to appeal |
19.—(1) Subject to regulation 21, the competent authority may serve on the Minister a response after receiving a copy of the notice of appeal from the Appeals Secretary forwarded under regulation 15(d), except that any such response must be served on the Minister no later than 5 working days after that receipt.(2) Any response to a notice of appeal —| (a) | must cite the number assigned under regulation 15(b) to the notice of appeal; | | (b) | must state an address in Singapore for the service of documents on the competent authority in connection with proceedings under this Part relating to the notice of appeal; | | (c) | must contain a succinct presentation of the arguments upon which the competent authority will rely in responding to each ground of objection in the notice of appeal; and | | (d) | must be signed and dated by the competent authority. |
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(3) To file a response, the competent authority must send or cause to be sent to the Appeals Secretary —| (a) | the duly signed original of the response and its accompanying documents; and | | (b) | if the competent authority is sending the response and its accompanying documents in hardcopy form, 2 copies each of the response and its accompanying documents, each certified by the competent authority to be in conformity with the original. |
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| (4) On receiving the response of the competent authority, the Appeals Secretary must without delay forward a copy of the response to the appellant concerned. |
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20.—(1) If the Minister considers that a response —| (a) | is not sent to him or her in accordance with regulation 19; or | | (b) | is materially incomplete, unduly prolix or lacking in clarity, |
| the Minister may give any directions to the competent authority that are necessary to remedy the response. |
| (2) The Minister may, if he or she considers that the efficient conduct of the appeal proceedings so requires, instruct the Appeals Secretary to defer forwarding a copy of the competent authority’s response to the appellant until after the directions given under paragraph (1) have been complied with. |
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| No new grounds to be raised |
21.—(1) Except with the permission of the Minister, any response of the competent authority under regulation 19 must not raise any new ground, fact or document supporting the making of the appealable decision which is the subject of the appeal, that was not contained in the grounds, facts or documents given by the competent authority to the appellant.| (2) Where any new ground, fact or document supporting the making of the appealable decision which is the subject of the appeal is raised without the Minister’s permission, the Minister may disregard it in his or her consideration of the appeal. |
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| Division 4 — Reply from appellant |
| Right of reply to response |
22.—(1) An appellant may file with the Minister a reply to the competent authority’s response (if made), not later than 5 working days after the date on which the copy of the response was sent by the Appeals Secretary to the appellant.(2) An appellant’s reply —| (a) | must contain a succinct presentation of the arguments in reply to the competent authority’s response; | | (b) | must be signed and dated by the appellant, or on the appellant’s behalf by the authorised representative; and | | (c) | must be accompanied by any documents supporting those arguments in reply. |
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(3) To file a reply, the appellant must send to the Appeals Secretary —| (a) | the duly signed original of the reply and any accompanying documents; and | | (b) | if the appellant is sending the reply and its accompanying documents in hardcopy form, 2 copies each of the reply and any accompanying documents, each certified by the appellant, or by the authorised representative, to be in conformity with the original. |
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| (4) On receiving the reply of an appellant, the Appeals Secretary must without delay forward a copy of that reply to the competent authority. |
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| No new grounds to be raised in reply |
23.—(1) Any reply of an appellant under regulation 22 must not raise any new ground of objection against the appealable decision in question without the permission of the Minister.| (2) Where any new ground of objection is raised without the Minister’s permission, the Minister will disregard it in considering the appeal. |
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| Division 5 — Conduct of appeal proceedings |
| Powers to deal with appeal, etc. |
24.—(1) For the purposes of determining an appeal, the Minister may do all or any of the following:| (a) | summon any party in relation to the appeal or their representatives, or any person who is not such a party, in Singapore to do all or any of the following:| (i) | give evidence to the Minister; | | (ii) | produce to the Minister any document, record or other thing in the custody or under the control of that party or person; |
| | (b) | put questions to the parties, their representatives and their witnesses or other person summoned to attend under sub‑paragraph (a); | | (c) | procure and receive all such evidence, written or oral, as the Minister may think it necessary or desirable to procure. |
| (2) The Minister is not bound by the provisions of the Evidence Act 1893 or by any other written law relating to evidence. |
| (3) The Minister may appoint any individual, whether in the service of the Government or not, to act as interpreter in any matter brought before the Minister, and to translate any documents produced to the Minister, in any appeal proceedings. |
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| No legal representation allowed |
| 25. In appeal proceedings before the Minister, a party may be represented by any individual allowed by the Minister to appear on behalf of that party, being neither a legal officer nor an advocate and solicitor under the Legal Profession Act 1966. |
| Consolidation of appeal proceedings |
26.—(1) Where 2 or more appeal proceedings are pending in relation to the same appealable decision of the competent authority, the Minister may, on the request of a party or on the Minister’s own initiative, direct that the appeal proceedings be consolidated and dealt with together.| (2) All the parties to the relevant appeal proceedings are entitled to make their submissions on a proposed consolidation before a direction under paragraph (1) is made. |
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| Requests for confidential treatment |
27.—(1) A request for the confidential treatment of a document or part of a document filed or provided in connection with any appeal proceedings —| (a) | must be made in writing by the person who submitted the document or provided such a document, no later than 2 working days after the submission or provision of such a document; | | (b) | must, where the request relates to part of a document, state the relevant words, figures or passages for which confidentiality is claimed; and | | (c) | must contain the reasons for the request and, where the request relates to part of a document, the reasons specific to each part thereof. |
| (2) The person making the request for the confidential treatment of a document or part of a document filed or provided in connection with any appeal proceedings, must also file with the Minister, if the person considers it possible to summarise or redact the material in the document, a non‑confidential version of the document in a form which can be served on any party to those appeal proceedings. |
| (3) No request for confidential treatment will be considered by the Minister if the request does not comply with paragraphs (1) and (2). |
(4) The Minister may grant confidential treatment in relation to any document or part thereof, on any terms and conditions that the Minister considers fit (including changes to the summary or redacting of material in any non‑confidential version filed under paragraph (2)), if the Minister is satisfied that the document or part thereof contains ––| (a) | information the disclosure of which would, in the Minister’s opinion, be contrary to the public interest; | | (b) | information relating to the private affairs of an individual the disclosure of which, in the Minister’s opinion, would or may significantly harm the interests of the individual; or | | (c) | commercial information the disclosure of which, in the Minister’s opinion, would or may significantly harm the legitimate business interests of the undertaking to which it relates. |
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(5) When the Minister grants confidential treatment in relation to any document or part thereof under this regulation in connection with any appeal proceedings, the party making the request for the confidential treatment must, no later than 5 working days after the Minister’s decision —| (a) | in the case where the grant is subject to changes to the summary or redacting of material in any non‑confidential version of that document filed under paragraph (2) —| (i) | accordingly revise the non‑confidential version of that document filed; | | (ii) | file the revised non‑confidential version with the Minister; and | | (iii) | send to the other party to the appeal proceedings the revised non‑confidential version, notifying the other party that it has been redacted or summarised; or |
| | (b) | in any other case, send to the other party to the appeal proceedings the non‑confidential version filed under paragraph (2) (if any), notifying the other party that it has been redacted or summarised. |
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| (6) The Minister must not rely on any document or part thereof to which confidential treatment has been granted, for the purposes of considering the notice of appeal and deciding on the appeal, but may rely on the non‑confidential version filed (if any) under paragraph (2) or (5)(a), as the case may be. |
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| Failure to comply with directions or time limits |
| 28. In considering any appeal, the Minister may disregard any notice, response or other submission or document served on the Minister after the expiry of the time limit for the service of the notice, response, submission or document imposed by any provision of this Part or any direction of the Minister. |
| Non-attendance of parties |
| 29. If, at the time appointed for the hearing of persons at an appeal, any party to the appeal proceedings does not appear, the Minister may, if satisfied that the party has been duly notified of the hearing, proceed with the hearing and make any decision that he or she thinks fit for the purposes of the Act. |
| Decision of Minister to be notified, etc. |
| 30. When the Minister has made a decision regarding an appeal, the Appeals Secretary must without delay notify the parties of the Minister’s decision in respect of the appeal. |
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