Significant Investments Review (Reviewing Tribunal) Rules 2024

No. S 230

Significant Investments Review Act 2024

Significant Investments Review
(Reviewing Tribunal)
Rules 2024

In exercise of the powers conferred by section 45 of the Significant Investments Review Act 2024, the Minister for Trade and Industry makes the following Rules:

PART 1

PRELIMINARY

Citation and commencement

1.  These Rules are the Significant Investments Review (Reviewing Tribunal) Rules 2024 and come into operation on 28 March 2024.

Definitions

2.—(1)  In these Rules —

“appeal” means an appeal made under section 39(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” has the meaning given by section 37 of the Act and includes an initial appealable decision and a substitute appealable decision;

“appellant” has the meaning given by section 37 of the Act;

“authorised representative”, for any person, means an individual who is allowed under rule 11 to represent the person in connection with 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 40(2) of the Act;

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

“email address”, for any person, means an email address nominated by the person for the receiving of documents under these Rules;

“identity particulars” means —

(a) for an individual who is a citizen of Singapore —

(i) the full name of the individual; and

(ii) the NRIC number of the individual;

(b) for an individual who is not a citizen of Singapore —

(i) the full name of the individual;

(ii) the number of the passport or other identity document of the individual; and

(iii) the nationality of the individual;

(c) for an entity that is constituted or registered under any written law —

(i) the registered name of the entity; and

(ii) the Unique Entity Number (UEN) of the entity; and

(d) for any other entity —

(i) the full name of the entity; and

(ii) the country under whose law the entity was constituted;

“initial appealable decision” has the meaning given by section 38(1) of the Act;

“Minister”, in relation to an appeal, means the Minister whose decision is the subject of the appeal;

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

“parties”, in relation to any 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 42(2) of the Act;

“substitute appealable decision” has the meaning given by section 38(3)(b) 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 or filed with or given to the Secretary 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.mti.gov.sg.

(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 any directions that may be specified in the appropriate form.

(3)  If strict compliance with an appropriate form is not possible, the Secretary may allow for modifications to be made to that form, or for the requirements of that form to be complied with in any other manner that 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 of which the Reviewing Tribunal has cognizance under these Rules; and

(b) to perform any other duties that are prescribed in these Rules.

(2)  The Secretary must 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.

PART 2

EXERCISE OF JURISDICTION

Inquisitorial function

6.—(1)  Where a Reviewing Tribunal considers an appeal made to it against an appealable decision, it is the duty of the Reviewing Tribunal —

(a) to investigate the case; and

(b) in relation to the Reviewing Tribunal’s findings from its investigations, to determine the appeal by applying the same principles as would be applied by a civil court, including principles on an application for judicial review.

(2)  To avoid doubt, a Reviewing Tribunal is not under any duty to hear, consider or determine any appeal if it determines the appeal to be frivolous or vexatious.

Non‑disclosure if prejudicial to national security, etc.

7.—(1)  A Reviewing Tribunal must carry out its functions in such a way as to secure that information is not disclosed to an extent, or in a manner, that is prejudicial to Singapore’s national security interests, the prevention or detection of serious crime, the economic wellbeing of Singapore or the continued discharge of the functions of the intelligence services of Singapore.

(2)  A Reviewing Tribunal is not to order any person to disclose any information or document which the Tribunal itself would be prohibited from disclosing by virtue of this rule, had the information or document been disclosed or provided to the Reviewing Tribunal by that person.

Manner of hearings and consideration

8.—(1)  A Reviewing Tribunal is under no duty to hold in‑person hearings, and may decide an appeal without an in‑person hearing.

(2)  A Reviewing Tribunal may hold, at any stage of its consideration, in‑person hearings at which a party to the appeal proceeding may make representations, give evidence or call witnesses.

(3)  Any in‑person hearing by a Reviewing Tribunal must be held in accordance with these Rules (and not otherwise).

(4)  A Reviewing Tribunal may require all or any of the following individuals to attend an in‑person hearing by notifying the individual at least 14 working days before the date of the hearing:

(a) the Minister whose decision is the subject of the appeal;

(b) the appellant, if the appellant is an individual;

(c) any other individual who is a witness or who may be required to attend as a witness in the appeal proceeding;

(d) an authorised representative of the Minister, the appellant (whether or not an individual), or any individual mentioned in sub‑paragraph (c).

(5)  A Reviewing Tribunal may hold separate in‑person hearings at which one or more of the individuals mentioned in paragraph (4) may make representations, give evidence or call witnesses.

(6)  Within a period notified by the Reviewing Tribunal for the purpose of this rule, the Minister, the appellant, any individual mentioned in paragraph (4)(c) or any authorised representative mentioned in paragraph (4)(d) must inform the Reviewing Tribunal of any witnesses the appellant, Minister, individual or authorised representative (as the case may be) intends to call; and no other witnesses may be called without the permission of the Reviewing Tribunal.

Separate hearings, witnesses, etc.

9.—(1)  A request for a separate in‑person hearing in connection with any appeal proceeding —

(a) may be made in writing by any of the following:

(i) the Minister whose decision is the subject of the appeal;

(ii) the appellant;

(iii) any individual who is a witness or who may be required to attend as a witness in the appeal proceeding;

(b) must be made no later than 7 working days before the date of the hearing notified under rule 8(4); and

(c) must contain the reasons for the request.

(2)  Without limiting rule 7 but subject to paragraph (3), a Reviewing Tribunal and the Secretary must not disclose to an appellant or to any other person —

(a) the fact that the Reviewing Tribunal has held, or proposes to hold, a separate in‑person hearing under these Rules;

(b) any information or document disclosed or provided to the Reviewing Tribunal in the course of that hearing, or the identity of any witness at that hearing; or

(c) the fact that any information, document, identity or opinion has been disclosed or provided in the circumstances mentioned in sub‑paragraph (b).

(3)  Subject to rule 7, the Reviewing Tribunal concerned may disclose anything described in paragraph (2) with the consent of —

(a) in the case of paragraph (2)(a), the individual required to attend the separate in‑person hearing; or

(b) in the case of paragraph (2)(b) or (c), the witness in question or the person who disclosed or provided the information or document.

Evidence

10.—(1)  A Reviewing Tribunal may receive evidence in any form, and may receive evidence that would not be admissible in a court of law.

(2)  A Reviewing Tribunal may give directions as to —

(a) the issues on which it requires evidence;

(b) the nature of the evidence which it requires to decide the appeal before it; and

(c) the manner in which the evidence is to be placed before the Reviewing Tribunal.

(3)  Without limiting paragraph (2), a Reviewing Tribunal may require a witness to give evidence —

(a) on oath or affirmation at an in‑person hearing or by live video link; or

(b) by way of affidavit or statutory declaration.

(4)  A Reviewing Tribunal is not to require a witness to give evidence by means of a telephone communication or audio link.

(5)  A Reviewing Tribunal may do all or any of the following in connection with an appeal proceeding relating to an appeal of which it has cognizance:

(a) summon any party or a party’s authorised representative, or any person who is not such a party, in Singapore to attend to do one or both of the following:

(i) give evidence to the Reviewing Tribunal;

(ii) produce to the Reviewing Tribunal 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 authorised representatives and their witnesses or other person summoned under sub‑paragraph (a);

(c) procure and receive all such evidence, written or oral, as the Reviewing Tribunal may think necessary or desirable to procure.

Representation

11.—(1)  The following persons may be represented by an authorised representative in connection with an appeal proceeding:

(a) the Minister;

(b) the appellant;

(c) any other individual who is a witness or who may be required to attend as a witness in the appeal proceeding.

(2)  The permission of the Reviewing Tribunal concerned is required for anyone to represent a person mentioned in paragraph (1) as an authorised representative in connection with appeal proceedings unless all of the following are first given to the Secretary or given within the time directed by the Reviewing Tribunal concerned:

(a) the identity particulars and an email address in Singapore of the authorised representative;

(b) evidence of a valid authorisation, by the person mentioned in paragraph (1), of the authorised representative to represent the person in connection with the appeal proceedings.

PART 3

STARTING APPEAL

How to start appeal

12.  An appeal against an appealable decision must be made to a Reviewing Tribunal by lodging a notice of appeal in accordance with rule 13.

Notice of appeal

13.—(1)  Every notice of appeal —

(a) must state —

(i) the identity particulars of the appellant making the appeal;

(ii) the identity particulars and address in Singapore of the appellant’s authorised representative;

(iii) if the appellant is an individual — the appellant’s residential address;

(iv) if the appellant is an entity — the address of its principal place of business or registered office; and

(v) an email address for the service of documents on the appellant in connection with the appeal proceedings before the Reviewing Tribunal;

(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;

(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 Minister’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 in the appropriate form;

(d) must be signed and dated by the appellant, or on the appellant’s behalf by the authorised representative; and

(e) must be accompanied by —

(i) a copy of the appealable decision; and

(ii) any documents supporting the arguments mentioned in sub‑paragraph (b)(iii).

(2)  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 by the Reviewing Tribunal unless the appellant has permission under rule 16 to amend the appellant’s notice of appeal to include that ground.

Appeal number

14.—(1)  Upon the Secretary receiving a notice of appeal, the Secretary must do all of the following no later than 7 working days after the day of that receipt:

(a) assign a number to the notice of appeal and enter it in a list;

(b) inform the appellant of the number assigned under sub‑paragraph (a).

(2)  After assigning a number to the notice of appeal, the Secretary must, as soon as practicable, forward to the Minister —

(a) a copy of the notice of appeal;

(b) a copy of the appealable decision; and

(c) a copy of each document mentioned in rule 13(1)(e)(ii) accompanying the notice of appeal, unless the appellant requests for confidential treatment of the document or part of the document under rule 28(1).

Defective notices of appeal

15.—(1)  If the Reviewing Tribunal having cognizance of an appeal considers that the notice of appeal —

(a) is not lodged in accordance with rule 13; or

(b) is materially incomplete, unduly prolix or lacking in clarity,

the Reviewing Tribunal may, without affecting section 44(2) of the Act, direct the appellant to remedy the notice.

(2)  If the Reviewing Tribunal directs the appellant under paragraph (1) and the appellant remedies the notice, the Secretary must, as soon as practicable, forward a copy of the remedied notice of appeal to the Minister.

Amendment of notice of appeal

16.—(1)  An appellant may, with the permission of the Reviewing Tribunal having cognizance of the appellant’s appeal, amend the appellant’s notice of appeal.

(2)  The Reviewing Tribunal may grant permission under paragraph (1) —

(a) on any terms or conditions that the Reviewing Tribunal considers fit to impose; and

(b) with any further or consequential directions that the Reviewing Tribunal considers necessary.

(3)  If the Reviewing Tribunal grants permission under paragraph (1), the Secretary must, as soon as practicable, forward a copy of the amended notice of appeal to the Minister.

(4)  Permission to amend a notice of appeal against an appealable decision in order to add a new ground of appeal must not be granted unless the Reviewing Tribunal 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 the ground in the notice of appeal at the time the notice of appeal was lodged; or

(c) there are exceptional circumstances to do so.

Withdrawal of appeal

17.—(1)  An appellant may, at any time and with the permission of the Reviewing Tribunal, withdraw the appellant’s notice of appeal.

(2)  If the Reviewing Tribunal grants permission under paragraph (1), the Secretary must, within 3 working days, notify the Minister and every other party to the appeal of the withdrawal.

(3)  If the Reviewing Tribunal grants permission under paragraph (1), the Reviewing Tribunal may require the Secretary to publish a notice of the withdrawal of the appeal in any manner that will secure adequate publicity for the fact of the withdrawal.

Defence

18.—(1)  The Minister must serve the defence on the Reviewing Tribunal no later than 28 working days after the latest of the following dates:

(a) the date on which the Minister receives the copy of the notice of appeal;

(b) (if applicable) the date on which the Minister receives the copy of the remedied notice of appeal under rule 15(2);

(c) (if applicable) the date on which the Minister receives the copy of the amended notice of appeal under rule 16(3);

(d) (if applicable) the date on which the Minister receives any document mentioned in rule 13(1)(e)(ii) sent in accordance with rule 28(7)(a) or (8)(a).

(2)  Any defence to a notice of appeal —

(a) must cite the number assigned under rule 14(1)(a) to the notice of appeal;

(b) must state an email address for the service of documents on the Minister in connection with the appeal proceedings relating to the notice of appeal;

(c) must contain a succinct presentation of the arguments upon which the Minister will rely in responding to each ground of appeal in the notice of appeal; and

(d) must be signed and dated by an authorised officer or the Minister.

No new grounds for appealable decision to be raised

19.—(1)  Any defence of the Minister under rule 18 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 and documents supporting the appealable decision.

(2)  Where any new ground, fact or document supporting the making of the appealable decision which is the subject of the appeal is raised, the Reviewing Tribunal may disregard it in its consideration of the appeal.

PART 4

CONDUCT OF APPEAL PROCEEDINGS

Division 1 — Composition

Referring appeal to Reviewing Tribunal

20.—(1)  The Secretary must refer every notice of appeal received to one of the Reviewing Tribunals which the Secretary is of the view is available to hear the appeal contained in the notice of appeal.

(2)  In referring notices of appeal under paragraph (1), the Secretary must, as far as is practicable, ensure that notices of appeal relating to the same appealable decision are referred to the same Reviewing Tribunal.

(3)  After referring under paragraph (1) or (2) a notice of appeal to a Reviewing Tribunal, the Secretary must notify every party to the appeal of the composition of the Reviewing Tribunal.

Objection to Tribunal members

21.—(1)  Subject to paragraph (7), a party to an appeal proceeding relating to an appeal who objects to any of the Tribunal members of the Reviewing Tribunal because of a reasonable apprehension of partial adjudication of the appeal may, no later than 3 working days after the date of the notification by the Secretary under rule 20(3), file the party’s objection with the Secretary.

(2)  An objection filed with the Secretary under paragraph (1) must state the ground of the objection accompanied by a concise statement of the circumstances under which the objection on that ground is made.

(3)  The chairperson of the Reviewing Tribunal concerned may require the party who filed an objection under paragraph (1) to provide to the chairperson, through the Secretary, within any time that the chairperson may determine, any further information in relation to the objection that the chairperson considers necessary.

(4)  If the chairperson of the Reviewing Tribunal allows an objection under paragraph (1), the Secretary must, as soon as practicable, refer the appeal concerned to another Reviewing Tribunal.

(5)  Where no objection to any of the Tribunal members of a Reviewing Tribunal is filed with the Secretary within the time delimited by paragraph (1) by any party to an appeal proceeding, the Reviewing Tribunal is taken to have cognizance of the appeal to which the appeal proceeding relates, without the Secretary informing every party to the appeal proceeding.

(6)  The Secretary must inform every party to the appeal proceeding of —

(a) the filing within the time delimited by paragraph (1) of any objection to any of the Tribunal members of the Reviewing Tribunal;

(b) the decision of the chairperson of the Reviewing Tribunal to allow or disallow the objection; and

(c) if the decision of the chairperson of the Reviewing Tribunal is to allow the objection, the constitution of the other Reviewing Tribunal having cognizance of the appeal.

(7)  A party to an appeal proceeding must not file more than one objection under this rule in respect of that same appeal proceeding or a consolidation of appeal proceedings comprising that appeal proceeding, unless permitted by the chairperson of the Reviewing Tribunal.

Division 2 — Case management

Place and time of hearing

22.—(1)  Each in‑person hearing is to be held at the time and place appointed by the Reviewing Tribunal.

(2)  The Secretary must cause adequate notice of each in‑person hearing to be given to every individual required under rule 8(4) by the Reviewing Tribunal to attend the hearing.

Consolidation of appeal proceedings

23.—(1)  Where 2 or more appeal proceedings under these Rules are pending in relation to the same appealable decision —

(a) the Reviewing Tribunal having cognizance of the appeals in those appeal proceedings; or

(b) any of the Reviewing Tribunals having cognizance of any of the appeals in those appeal proceedings,

may, on the request of a party or on its own initiative, direct that the appeal proceedings be consolidated and dealt with by the Reviewing Tribunal 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.

Adjournment

24.—(1)  A Reviewing Tribunal may adjourn any hearing of an appeal on any ground and may fix a date for a further hearing.

(2)  A Reviewing Tribunal may, on the conclusion of a hearing of an appeal, adjourn for any period of time for the purpose of deliberating and considering its decision.

Failure to comply with directions or time limits

25.  In considering any appeal, a Reviewing Tribunal may disregard any notice, defence or other submission or document served on the Reviewing Tribunal after the expiry of the time limit for the service of the notice, defence, submission or document imposed by any provision of these Rules or any direction of the Reviewing Tribunal.

Non‑attendance of parties

26.—(1)  If, at the time appointed for the hearing of persons by a Reviewing Tribunal with regard to an appeal, any party to the appeal proceedings connected with the appeal does not appear, the Reviewing Tribunal may, if satisfied that the party has been duly notified of the hearing, proceed with the hearing and make any decision that it thinks fit for the purposes of section 43 of the Act.

(2)  This rule is in addition to section 44(1) and (2) of the Act.

Decision of Reviewing Tribunal to be notified, etc.

27.  When a Reviewing Tribunal has made a decision regarding an appeal referred to it, the Secretary must, within 7 working days, notify the parties in writing of the Reviewing Tribunal’s decision in respect of the appeal.

PART 5

CONFIDENTIAL MATTERS

Requests for confidential treatment of documentary evidence

28.—(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 filed or provided the document at the same time as the filing or provision of the document to the Reviewing Tribunal;

(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 of the document.

(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 before a Reviewing Tribunal, must also file with the Reviewing Tribunal, 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 a Reviewing Tribunal if the request does not comply with paragraphs (1) and (2).

(4)  Upon a request under paragraph (1) for the confidential treatment of a document or part of a document, the Reviewing Tribunal concerned may grant confidential treatment in relation to the document or part of a document, on any terms and conditions that the Reviewing Tribunal considers fit (including changes to the summary or redacting of material in any non‑confidential version filed under paragraph (2)), if the Reviewing Tribunal is satisfied that the document or part of the document contains —

(a) information the disclosure of which would, in its opinion, be prejudicial to —

(i) Singapore’s national security;

(ii) the prevention or detection of serious crime;

(iii) the economic wellbeing of Singapore; or

(iv) the continued discharge of the functions of the intelligence services of Singapore;

(b) information relating to the private affairs of an individual the disclosure of which, in the Reviewing Tribunal’s opinion, would or may significantly harm the interests of the individual; or

(c) commercial information the disclosure of which, in the Reviewing Tribunal’s opinion, would or may significantly harm the legitimate business interests of the undertaking to which it relates.

(5)  Despite paragraph (4), the Reviewing Tribunal concerned must grant confidential treatment in relation to any document or part of a document upon a request under paragraph (1) for the confidential treatment of the document or part of the document made by or on behalf of the Minister.

(6)  If a Reviewing Tribunal grants under paragraph (4) confidential treatment in relation to any document or part of a document subject to changes to the summary or redacting of material in any non‑confidential version of that document filed under paragraph (2), the party making the request for the confidential treatment must —

(a) accordingly change the non‑confidential version of that document filed; and

(b) file the revised non‑confidential version with the Reviewing Tribunal.

(7)  If a Reviewing Tribunal grants under paragraph (4) or (5) confidential treatment in relation to any document or part of a document, the Reviewing Tribunal may direct the Secretary to —

(a) (if applicable) send to the party other than the requesting party —

(i) the non‑confidential version filed under paragraph (2); or

(ii) the revised non‑confidential version filed under paragraph (6)(b); and

(b) (if sub‑paragraph (a) applies) notify that other party that the document has been redacted or summarised.

(8)  If, upon a request under paragraph (1) for the confidential treatment of a document or part of a document, a Reviewing Tribunal does not consider the request or does not grant the confidential treatment requested, the Reviewing Tribunal may —

(a) with the consent of the requesting party, direct the Secretary to send the document to the other party; or

(b) treat the document as not having been filed or provided.

(9)  If a Reviewing Tribunal grants under paragraph (5) confidential treatment, the document or part of the document, and the existence of the document or part of the document, must not be disclosed to any person except to the members of the Reviewing Tribunal.

Reliance on confidential material

29.  A Reviewing Tribunal may rely on any document or part of a document to which confidential treatment has been granted, for the purposes of —

(a) considering the notice of appeal against an appealable decision; and

(b) making a decision under section 43(3) of the Act in relation to the appealable decision.

 

Made on 25 March 2024.

GABRIEL LIM

Permanent Secretary (Policy),
Ministry of Trade and Industry,
Singapore.

[001-01-0019; AG/LEGIS/SL/294E/2020/2 Vol. 1]

(To be presented to Parliament under section 45(3) of the Significant Investments Review Act 2024).