The judicial officers of the Republic of Singapore work in the Supreme Court and the State Courts (known up to 6 March 2014 as the Subordinate Courts) to hear and determine disputes between litigants in civil cases and, in criminal matters, to determine the liability of accused persons and their sentences if they are convicted.
In the Supreme Court, the current senior judicial officers are the Chief Justice Sundaresh Menon, who is also the President of the Court of Appeal; the Judge of Appeal Justice Andrew Phang Boon Leong who is also the Vice-President; the Judge of Appeal Justices Judith Prakash, Tay Yong Kwang and Steven Chong; and the judges and judicial commissioners of the High Court. The other judicial officers are the Registrar of the Supreme Court, the Deputy Registrar, the Senior Assistant Registrars and the Assistant Registrars.
The State Courts are headed by the Presiding Judge of the State Courts, and the senior judicial officers are the Deputy Presiding Judge, the Senior District Judges, the District Judges and Magistrates. The other judicial officers are the Registrar of the State Courts, the Senior Deputy Registrar, and the Deputy Registrars.
The superior courts of Singapore are the Court of Appeal and the High Court, which are collectively known as the Supreme Court of the Republic of Singapore.
The Court of Appeal is Singapore's highest court. It is headed by a President who is the Chief Justice, [1] and the other members of the Court are the Judges of Appeal. The Chief Justice may appoint one or more of the Judges of Appeal as vice-presidents of the Court of Appeal. [2]
The other senior judicial officers of the Supreme Court are the Judges and Judicial Commissioners of the High Court. The Chief Justice may request a Judge (but not a Judicial Commissioner) of the High Court to sit as a judge of the Court of Appeal, in which case the judge shall have all the jurisdiction, powers and privileges of a judge of the Court of Appeal. [3]
The Judges of the Supreme Court take precedence in the following order:
The other judicial officers are the Registrar, the Deputy Registrar, Senior Assistant Registrars, and Assistant Registrars. [5]
A person is qualified for appointment as a Judge of the Supreme Court by being a qualified person within the meaning of section 2 of the Legal Profession Act for at least 10 years, [6] or a member of the Singapore Legal Service, or both. [7]
The Legal Profession Act defines a "qualified person" as any person who —
The Chief Justice, Judges of Appeal and Judges of the High Court are appointed by the President with concurrence with the advice of the Prime Minister. [9] The Prime Minister is required to consult the Chief Justice before providing the president advice as to the appointment of a judge. [10]
In order to facilitate the disposal of business in the Supreme Court, the President concurs with the advice of the Prime Minister, may appoint a person qualified for appointment as a Judge of the Supreme Court to be a Judicial Commissioner of the Supreme Court for such period or periods as the President thinks fit. A Judicial Commissioner so appointed may, in respect of such class or classes of cases as the Chief Justice may specify, exercise the powers and perform the functions of a Judge of the High Court. Anything done by a Judicial Commissioner when acting in accordance with the terms of the appointment shall have the same validity and effect as if done by a Judge of that Court and, in respect thereof, shall have the same powers and enjoy the same immunities as being a Judge of that Court. [11] A person may be appointed to be a Judicial Commissioner to hear and determine a specified case only. [12]
A person qualified for appointment as a Judge of the Supreme Court or a person who has ceased to hold the office of a Judge of the Supreme Court (for instance, due to retirement), may be appointed by the Chief Justice, or may sit as a Judge of the High Court or as a Judge of Appeal, if designated for the purpose (as occasion requires), and such person shall hold office for such period or periods as the President shall direct, if the President concurs with the advice of the Prime Minister. [13]
The Chief Justice and every person appointed or designated to sit as a Judge of the High Court or a Judge of Appeal or appointed as a Judicial Commissioner shall take, in the presence of the President, the following Oath of Office: [14]
I, [name], having been appointed to the office of [Chief Justice, Judge of Appeal, Judge or Judicial Commissioner], do solemnly swear [or affirm] that I will faithfully discharge my judicial duties, and I will do right to all manner of people after the laws and usages of the Republic of Singapore without fear or favour, affection or ill-will to the best of my ability, and will preserve, protect and defend the Constitution of the Republic of Singapore.
A judge of the Supreme Court holds office until one of the following takes place:
Parliament is required by the Constitution to provide for the remuneration of the judges of the Supreme Court, [21] and it has done so by enacting the Judges' Remuneration Act [22] and issuing the Judges' Remuneration (Annual Pensionable Salary) Order pursuant to the Act. [23] Upon retirement or death in office, a judge may be granted a gratuity granted by the President [24] although there is no entitlement under the Act to such gratuity. [25]
To secure the independence of the judiciary, the Singapore Constitution makes the following provision:
In addition, the Attorney-General may bring committal proceedings against a person for contempt of court by doing an act or publishing a piece of writing calculated to bring the court or a judge into contempt or to lower their authority (known as "scandalizing" the court or the judge); or calculated to obstruct or interfere with the due course of justice. [30]
At common law, no judge of a superior court or inferior court is liable in damages if acting within jurisdiction, even if they do so maliciously. [31] Further, no judge of a superior court is liable for an act done outside jurisdiction, provided that this was done by the judge in the honest belief that the act was within jurisdiction. [32] Liability only attaches in such cases if the judge knowingly acts outside jurisdiction. [33]
The Chief Justice, the Judges and Judicial Commissioners are, when sitting in open court or in chambers, addressed as "Your Honour", and on social occasions or other extrajudicial occasions as "Chief Justice" or "Judge", as the case may be. In all cause lists, orders of Court, correspondence and other documents, the Chief Justice, the Judges and the Judicial Commissioners are described respectively as "Chief Justice", "Justice" or "Judicial Commissioner" without any accompanying gender prefix. [34]
The table below lists the judges that were in office on or after 9 August 1965, the date when Singapore left Malaysia and became an independent republic. Judges currently in office are highlighted.
Singapore's full independence was effected by three statutes, one enacted by Malaysia and two by Singapore. The Constitution and Malaysia (Singapore Amendment) Act 1965 (Malaysia) [35] effectively transferred all legislative and executive powers previously possessed by the Federal Government to the new Government of Singapore. The Constitution of Singapore (Amendment) Act 1965 (Singapore) [36] amended the Singapore State Constitution to alter the procedure required for constitutional amendment, and changed various nomenclatures to bring the Constitution in line with Singapore's independent status. Finally, the Republic of Singapore Independence Act 1965 (Singapore) [37] provided, among other things, that certain provisions of the Malaysian Federal Constitution were to apply to Singapore. It also vested the powers relinquished by Malaysian executive and legislature in the executive and legislative branches of the Singapore Government.
However, no changes were immediately made to the judicial system. [38] As a result, for about four years after independence appeals from the High Court of Singapore still lay to the Federal Court of Appeal in Malaysia.
It was only from 9 January 1970, [39] when the Supreme Court of Judicature Act [40] came into force, that Singapore established its own Supreme Court, consisting of a Court of Appeal, Court of Criminal Appeal and High Court. In moving the Second Reading of the Bill in Parliament, the then Minister for Law and National Development, Mr. E.W. Barker, noted that "the Supreme Court of Judicature Bill ... as its very name suggests, provides a proper basis for the administration of justice in our courts which should really have been introduced soon after we left Malaysia. Unfortunately, the many and varied problems which we had to deal with upon leaving Malaysia had forced us to continue with the existing system of administration of justice until the present day. All that the Bill purports to do is to set out logically the consequences that flow from our becoming independent on our own with an independent system of administration of justice separate from the system that was introduced to us while we were part of Malaysia ..."
A shortage of High Court judges led to an amendment to Article 94 of the Constitution in 1971 to permit the appointment of supernumerary judges. [41] These were judges who were engaged to continue their duties on a contractual basis after having reached the constitutionally-mandated retirement age of 65. A subsequent amendment to the Constitution created the position of judicial commissioner. [42] This amendment took effect on 4 May 1979.
In 1993, a single permanent Court of Appeal was established for Singapore with its own President and Judges of Appeal, replacing the Court of Appeal and Court of Criminal Appeal. [43] The Court of Appeal is constituted by the Chief Justice and the Judges of Appeal. The first Judges of Appeal to be appointed, on 1 July 1993, were the late Justice M. Karthigesu and Justice L.P. Thean.
With effect from 1 January 2015, the Constitution was amended [44] to enable people who have ceased to be judges of the Supreme Court to be appointed as senior judges; [45] and people who, in the Chief Justice's opinion, have the "necessary qualifications, experience and professional standing", to be international judges. [46] Senior judges and international judges may be appointed to hear specific cases or class of cases, or for specified periods. [47] Both senior and international judges may sit in the High Court and the Court of Appeal. [48] The office of international judge was created to enable foreign judges, lawyers and academics to be appointed to hear cases in the Singapore International Commercial Court ("SICC"), a new division of the High Court established on 1 January 2015. [49] At present, international judges are only permitted to hear cases in the SICC and appeals from such cases. [50] From 5 January 2015, five retired judges, including the former Chief Justice Chan Sek Keong, were appointed as senior judges, and 11 people were appointed as international judges. Chan will sit both as a Judge of Appeal and as a judge of the SICC. [51]
No. | Judge | Birth and death dates | Term of service | ||||
---|---|---|---|---|---|---|---|
Judicial Commissioner (or Acting Judge) | Judge | Judge of Appeal (or Federal Judge) | Chief Justice | Reappointment after retirement | |||
1 | Tan Ah Tah |
|
|
|
| — | |
2 | Murray Buttrose |
|
| — | — |
| |
3 | Frederick Arthur Chua | 15 May 1913 – 24 January 1994 | — |
| — | — |
|
4 | Wee Chong Jin [52] [53] | 28 September 1917 [52] – 5 June 2005 [54] | — |
| — |
|
|
5 | James Walter Davy Ambrose | — |
| — | — | — | |
6 | Alfred Victor Winslow | — |
| — | — | — | |
7 | Thilliampalam Kulasekaram | 1919–7 March 1988 [55] | — |
| — | — | — |
8 | Choor Singh | 19 January 1911 [56] – 31 March 2009 [57] | — |
| — | — |
|
9 | Denis Cosmas D'Cotta | Died 1983 [58] | — |
| — | — |
|
10 | Arumugam Ponnu Rajah | 7 July 1911 – 28 September 1999 | — |
| — | — | — |
11 | T. S. Sinnathuray | 22 September 1930 – 18 January 2016 [59] | — |
| — | — |
|
12 | Abdul Wahab Ghows [60] | 1921 – 5 February 1997 [61] | — |
| — | — | |
13 | Lai Kew Chai | 7 February 1941 [62] – 27 February 2006 [63] | — |
| — | — | — |
13 | Thean Lip Ping (L. P. Thean) | 23 February 1933 - 12 January 2024 [64] | — |
|
| — |
|
15 | Punch Coomaraswamy | Died 9 January 1999 | — |
| — | — |
|
16 | Chan Sek Keong | Born 5 November 1937 [65] |
|
|
|
|
|
17 | Joseph Grimberg | 8 April 1933 – 17 August 2017 [67] |
| — | — | — | — |
18 | Chao Hick Tin | Born 27 September 1942 [68] |
|
| — | ||
19 | Tan Teow Yeow | 1946? – 6 August 2008 [74] |
| — | — | — | — |
20 | Yong Pung How | 11 April 1926 – 9 January 2020 | — |
| — |
|
|
21 | Mootatamby Karthigesu | 1923 – 21 July 1999 |
|
|
| — | — |
22 | Rajendran s/o Sinnathamby |
|
| — | — | — | |
23 | Goh Joon Seng |
|
|
| — | — | — |
24 | Goh Phai Cheng |
| — | — | — | — | |
25 | Govinda Pannirselvam |
|
| — | — | — | |
26 | Mohideen M.P. Haja Rubin |
|
| — | — | — | |
27 | Kan Ting Chiu | Born 27 August 1946 [78] |
| — | — |
| |
28 | Lai Siu Chiu | Born 1948? [80] |
|
| — | — |
|
28 | K. S. Rajah | 2 March 1930 – 17 June 2010 [81] |
| — | — | — |
|
29 | Michael Hwang |
| — | — | — | ||
30 | Warren L. H. Khoo | — |
| — | — | — | |
31 | Amarjeet Singh s/o Jeswent Singh |
| — | — | — | — | |
32 | Teong Quee Lim |
| — | — | — | — | |
33 | Judith Prakash | Born 19 December 1951 |
|
|
| — |
|
34 | Choo Han Teck | Born 21 February 1954 |
|
| — | — |
|
35 | Christopher Lau Loke Sam |
| — | — | — | — | |
36 | Chelva Ratnam Rajah |
| — | — | — | — | |
37 | Tan Lee Meng | Born 7 July 1948 [84] |
|
| — | — |
|
38 | Chan Seng Onn | Born 4 January 1954 |
|
| — | — |
|
39 | Lee Seiu Kin | Born 30 January 1954 [86] |
|
| — | — |
|
40 | Tay Yong Kwang | Born 1956 |
|
|
| — | — |
41 | Woo Bih Li | Born 31 December 1954 |
|
| — | — |
|
42 | Belinda Ang Saw Ean | Born 24 April 1954 |
|
| — | — |
|
43 | V. K. Rajah | Born 14 January 1957 [87] |
|
| — | — | |
44 | Andrew Phang | Born 1958? [90] |
|
|
| — | — |
45 | Andrew Ang | Born 25 February 1946 [91] |
|
| — | — | |
46 | Sundaresh Menon | Born 1962 [86] | — |
|
| — | |
47 | Quentin Loh | Born 24 December 1950 |
| — | — |
| |
48 | Steven Chong | Born 1958 [99] |
| — | — | ||
49 | Philip Nalliah Pillai | Born 12 December 1947 [102] | — | — | — | ||
50 | Vinodh Coomaraswamy | Born 1965 [95] |
|
| — | — | — |
51 | Lionel Yee | Born 1966? [104] | — | — | — | — | |
52 | George Wei | Born 1955? [106] |
| — | — | — | |
53 | Edmund Leow | Born 1963? [109] |
| — | — | — | — |
54 | Tan Siong Thye | Born 22 June 1954 [110] |
| — | — |
| |
55 | Lee Kim Shin | Born 1960? [110] | — | — | — | — | |
56 | See Kee Oon | Born 1967? [68] |
| — | — | — | |
57 | Valerie Thean | Born 1969? [114] |
|
| — | — | — |
58 | Aedit Abdullah | Born 1970? [114] |
|
| — | — | — |
59 | Hoo Sheau Peng | Born 1970? [114] |
|
| — | — | — |
60 | Debbie Ong | Born 1966? [114] |
|
| — | — | — |
61 | Chua Lee Ming | Born 1960? |
|
| — | — | — |
62 | Foo Chee Hock | Born 1961? |
| — | — | — | — |
63 | Kannan Ramesh | Born 1966? |
|
| — | — | — |
64 | Foo Tuat Yien | Born 1954? |
| — | — | — | — |
65 | Pang Khang Chau | Born 1971? |
|
| — | — | — |
66 | Audrey Lim |
|
| — | — | — |
Judicial officers currently in office are highlighted: judges and judicial commissioners in yellow, and senior judges in green.
For a person to be appointed to be or to act as the Registrar, the Deputy Registrar or an Assistant Registrar, they must be a qualified person as defined in section 2 of the Legal Profession Act (see above). [119]
The Registrar, Deputy Registrar and Assistant Registrars of the Supreme Court are appointed by the President on the recommendation of the Chief Justice. [120] These judicial officers are members of the Judicial Branch of the Singapore Legal Service, and it is the duty of the Legal Service Commission to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer, dismiss and exercise disciplinary control over such officers. [121] [122]
As of 15 April 2009 the Registrar is Foo Chee Hock, while the Deputy Registrar is Audrey Lim Yoon Cheng. [123]
The Registrar, the Deputy Registrar or an Assistant Registrar or other person acting judicially shall not be liable to be sued in any court exercising civil jurisdiction for any act done by them in the discharge of their judicial duty whether or not within the limits of their jurisdiction, provided that they at the time in good faith believed themself to have jurisdiction to do or order the act complained of. [124]
The State Courts of Singapore are the District Courts, Magistrates' Courts, Coroners' Courts, Small Claims Tribunals and Employment Claims Tribunals. [125]
The most senior judge of the State Courts is the Presiding Judge, who is a judge or judicial commissioner of the Supreme Court appointed by the President, acting on the advice of the Cabinet and upon the Chief Justice's recommendation. [126] They have overall responsibility for the administration of the State Courts. The Presiding Judge may act as a judge in any State Court and exercise all the jurisdiction, power and privileges of a State Courts judge, while also sitting in the High Court or Court of Appeal. [127] Justice See Kee Oon was appointed as Presiding Judge in 2014. The Presiding Judge is assisted by a Deputy Presiding Judge, who is also the Registrar of the State Courts. The other senior judicial officers are the principal district judges. [128]
For a person to be appointed to be or to act as a District Judge, they must have been for not less than seven years a qualified person as defined in section 2 of the Legal Profession Act (see above). [129] For a Magistrate, the corresponding period is three years. [130]
The Registrar, Senior Deputy Registrar and Deputy Registrars are generally also required to be qualified persons within the meaning of the Legal Profession Act, although they are not required to have that status for any minimum period of time. However, the Chief Justice may, at their discretion, appoint any person who is not a qualified person under that Act. [131]
District Judges and Magistrates are appointed by the President on the recommendation of the Chief Justice. [132] They hold concurrent appointments as the Registrar, Deputy Registrars, Coroners, and Referees of the Small Claims Tribunals. The Registrar, Senior Deputy Registrar and Deputy Registrars are appointed by the Chief Justice. [133] District Judges, Magistrates and State Courts registrars are officers of the Judicial Branch of the Singapore Legal Service and are subject to the control of the Legal Service Commission. [122]
Before exercising the functions of their office, all judicial officers must take and subscribe the following oath of office and allegiance before the Senior District Judge or a Judge of the Supreme Court: [134]
I, [name], having been appointed to the office of [Senior District Judge, District Judge, Magistrate, Registrar or Deputy Registrar], do solemnly swear [or affirm] that I will faithfully discharge my judicial duties and I will do right to all manner of people after the laws and usages of the Republic of Singapore without fear or favour, affection or ill-will to the best of my ability, and I will be faithful and bear true allegiance to the Republic of Singapore.
Judicial officers are not liable to be sued for any act done by them in the discharge of their judicial duty whether or not within the limits of their jurisdiction, provided that they at the time in good faith believed themselves to have jurisdiction to do or order the act complained of. [135]
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.
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The Court of Appeal of Singapore is the highest court in the judicial system of Singapore. It is the upper division of the Supreme Court of Singapore, the lower being the High Court. The Court of Appeal consists of the chief justice, who is the president of the Court, and the judges of the Court of Appeal. The chief justice may ask judges of the High Court to sit as members of the Court of Appeal to hear particular cases. The seat of the Court of Appeal is the Supreme Court Building.
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A judicial commissioner is person appointed on a non-permanent basis to a judicial office. In some countries, such as Malaysia and Singapore, judicial commissioners have the powers of full judges. In other jurisdictions their powers are limited.
Andrew Ang is a Singaporean former judge of the Supreme Court. He obtained a Bachelor of Laws from the University of Singapore in 1971 and a Master of Laws from Harvard Law School in 1973. He lectured for a few years at the University of Singapore, and then worked as a lawyer at Messrs Lee & Lee for 30 years. He was appointed Judicial Commissioner in May 2004 and Judge in May 2005. After a decade on the Bench, he retired on 25 February 2014. In 2000, he was conferred the Pingat Bakti Masyarakat.
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Thirugnana Sampanthar Sinnathuray, known professionally as T. S. Sinnathuray and to his friends as Sam Sinnathuray, was a judge of the High Court of Singapore. Educated at University College London and called to the bar at Lincoln's Inn, he practised for a few years in a law firm before beginning a career with the Singapore Legal Service, serving with the Attorney-General's Chambers as Crown Counsel and deputy public prosecutor (1960–1963), and senior state counsel (1966–1967); with the Subordinate Courts as a magistrate (1956–1959), first district judge (1967–1970), and senior district judge (1971–1978); and with the Supreme Court as deputy registrar and sheriff (1959–1960), and registrar (1963–1966). In 1978 he was elevated to the office of Judge of the High Court of Singapore, and served until his retirement in 1997.
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Ang Cheng Hock, SC, is a former Judge of the Supreme Court of Singapore and the current Deputy Attorney-General of Singapore.
[T]o celebrate his turning 88 today, he gave S$25,000 to the National Institute of Education to start the Justice Choor Singh Gold Medal award yesterday..
She [Deirdre Moss] was born to Johannah O'Neill, who had migrated to Australia from Ireland, and Eurasian-Singaporean Denis D'Cotta. Mr Justice D'Cotta, one of the more prominent members of Singapore's Eurasian community, rose to the post of High Court judge in 1970 and retired in 1981. He died in 1983 in Melbourne, where he had been living since retirement..
President S R Nathan yesterday re-appointed Chief Justice Chan Sek Keong as head of the judicial system here for a second term. ... Chief Justice Chan will hold the post of Singapore's Chief Justice for about 3½ years, until Nov 5, 2012, his 75th birthday..
Supreme Court judge Tan Lee Meng will retire on July 7, his 65th birthday..
The judge, who turned 68 yesterday, added he was honoured to have been able to serve on the bench..
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: CS1 maint: multiple names: authors list (link).