§ 28 — Conduct of court proceedings and Syariah Court proceedings using remote communication technology

28.—(1) Despite any written law or rule of law requiring the presence of any accused person or any witness in any court proceedings (whether a trial, inquiry, appeal or other court proceedings) or the giving of evidence in person, a court may, if all the conditions specified in subsection (2) are satisfied, by order in those proceedings require an accused person or a witness —(a)

to give evidence by means of a live video or live television link that is created using a remote communication technology approved by the Chief Justice; or

(b)

if the accused person or witness makes an appearance (other than to give evidence) in those proceedings, to so appear by means of a live video, live television link or live audio link that is created using a remote communication technology approved by the Chief Justice.

(2) The conditions mentioned in subsection (1) are —(a)

in the case of an accused person, he or she makes an appearance or gives evidence —(i)

during the specified period; and

(ii)

from a place within a court or a prison in Singapore, using the remote communication technology;

(b)

in the case of a witness (whether in Singapore or elsewhere), he or she makes an appearance or gives evidence during the specified period from a place specified by the court using the remote communication technology, but only if he or she —(i)

is an expert witness; or

(ii)

is a witness of fact and the parties to the proceedings consent to the use of the remote communication technology; and

(c)

the court is satisfied that —(i)

sufficient administrative and technical facilities and arrangements are made at the place where the accused person or witness is to make an appearance or to give evidence; and

(ii)

it is in the interests of justice to do so.

(3) Despite any written law or rule of law requiring the presence of any witness in any action or proceeding in the Syariah Court, or the giving of evidence in person, the Syariah Court may, if all the conditions specified in subsection (4) are satisfied, by order in any action or proceeding, require the witness —(a)

to give evidence by means of a live video or live television link that is created using a remote communication technology approved by the senior president of the Syariah Court; or

(b)

if the witness makes an appearance (other than to give evidence) in that action or proceeding, to so appear by means of a live video, live television link or live audio link that is created using a remote communication technology approved by the senior president of the Syariah Court.

(4) The conditions mentioned in subsection (3) are —(a)

the witness (whether in Singapore or elsewhere) makes an appearance or gives evidence during the specified period from a place specified by the Syariah Court using the remote communication technology, but only if he or she —(i)

is an expert witness; or

(ii)

is a witness of fact and the parties to the action or proceeding consent to the use of the remote communication technology; and

(b)

the Syariah Court is satisfied that —(i)

sufficient administrative and technical facilities and arrangements are made at the place where the witness is to make an appearance or to give evidence; and

(ii)

it is in the interests of justice to do so.

(5) An order made under subsection (1) or (3) may specify all or any of the following matters:(a)

the persons who may be present at the place where the accused person or witness is giving evidence;

(b)

that a person be excluded from the place where the accused person or witness is giving evidence;

(c)

the persons who must be able to be heard, or seen and heard, by the accused person or witness, and by the persons with the accused person or witness;

(d)

the persons who must not be able to be heard, or seen and heard, by the accused person or witness, and by the persons with the accused person or witness;

(e)

the persons who must be able to see and hear the accused person or witness, and the persons with the accused person or witness;

(f)

the stages in the proceedings during which a specified part of the order is to have effect;

(g)

any other order the court or the Syariah Court considers necessary in the interests of justice.

(6) The court or the Syariah Court may revoke, suspend or vary an order made under subsection (1) or (3) (as the case may be) if —(a)

the live video, live television link or live audio link stops working and it would cause unreasonable delay to wait until a working system becomes available;

(b)

it is necessary for the court or the Syariah Court to do so to comply with its duty to ensure that the proceedings are conducted fairly to the parties in the proceedings;

(c)

it is necessary for the court or the Syariah Court to do so, so that the accused person or witness can identify a person or a thing or so that the accused person or witness can participate in or view a demonstration or an experiment;

(d)

there has been a material change in the circumstances after the court or the Syariah Court has made an order; or

(e)

it is necessary in the interests of justice to do so.

(7) The court or the Syariah Court is not to make an order under subsection (1) or (3) (as the case may be) or include a particular provision in such an order, if to do so would be inconsistent with the duty of the court or the Syariah Court to ensure that the proceedings are conducted fairly to the parties to the proceedings.

(8) Appearance and evidence given by the remote communication technology in any proceedings in accordance with a court’s order under subsection (1) or the Syariah Court’s order under subsection (3) are taken to be appearance and evidence given in person in those proceedings and form part of the record of the proceedings of that court or the Syariah Court, as the case may be.

(9) Evidence given by an accused person or a witness, whether in Singapore or elsewhere through a live video or live television link by virtue of this section is deemed for the purposes of sections 193, 194, 195, 196 and 205 of the Penal Code as having been given in the action or proceedings in which it is given.

(10) Despite any written law or rule of law requiring the exercise of the jurisdiction or power of a court or the Syariah Court in a court house or any other place, a court or the Syariah Court may exercise its jurisdiction and have the powers conferred under any written law if —(a)

in the case of court proceedings, such proceedings are conducted during the specified period using a remote communication technology approved by the Chief Justice; or

(b)

in the case of any action or proceeding in the Syariah Court, such action or proceeding is conducted during the specified period using a remote communication technology approved by the senior president of the Syariah Court.

(11) For the purpose of section 5(1)(a) of the Administration of Justice (Protection) Act 2016 (Act 19 of 2016), a reference to the use in court, or to bringing into court, of any audio recorder, electronic device or other instrument for audio or visual recording or both includes a reference to the use in or bringing of such instrument into any place in Singapore from where —(a)

a judge conducts court proceedings during the specified period using a remote communication technology approved by the Chief Justice;

(b)

an accused person or a witness makes an appearance or gives evidence during the specified period using such remote communication technology; or

(c)

any person participates in, views or listens to the court proceedings conducted during the specified period using such remote communication technology.

(12) For the purpose of section 54A(1) and (4) of the Administration of Muslim Law Act (Cap. 3), a reference to the use in court, or bringing into court, of a recording device includes a reference to the use in or bringing of such recording device into any place in Singapore from where —(a)

a specified judge hears any action or proceeding during the specified period using a remote communication technology approved by the senior president of the Syariah Court;

(b)

a witness makes an appearance or gives evidence during the specified period using such remote communication technology; or

(c)

any person participates in, views or listens to the action or proceeding conducted during the specified period using such remote communication technology.

(13) The Minister, in consultation with the Chief Justice, may by order in the Gazette declare that this section ceases to apply in relation to all or any proceedings in any court.

(14) The Minister, in consultation with the Minister charged with the responsibility for the portfolio of the Minister for Culture, Community and Youth as regards Muslim affairs, may by order in the Gazette declare that this section ceases to apply in relation to all or any action or proceeding in the Syariah Court.

(15) In this section, unless the context otherwise requires —“accused person” includes a person against whom proceedings for contempt of court under the Administration of Justice (Protection) Act 2016 have commenced;

“control measure” means any control order made under Part 7 or any of the following that is related to the infectious disease known as Coronavirus Disease 2019:(a)

a notification given under section 17(1) of the Infectious Diseases Act;

(b)

an order made under section 17A(1) or (2) of that Act;

(c)

a notice given under section 18(1) of that Act;

(d)

a notice given under section 19(1)(a) of that Act;

(e)

an order made under section 20(1) of that Act;

(f)

a direction given under section 21(1) of that Act;

(g)

an order made under section 55(1)(g) or (i) of that Act;

(h)

regulations made under section 73 of that Act prescribing any measure prohibiting or limiting the meeting or gathering of individuals;

“court” means —(a)

the Supreme Court constituted under Article 94 of the Constitution of the Republic of Singapore;

(b)

any State Court constituted under section 3 of the State Courts Act (Cap. 321);

(c)

any Family Court constituted under section 3 of the Family Justice Act 2014 (Act 27 of 2014); or

(d)

any Youth Court constituted under section 3 of the Family Justice Act 2014;

“judge” has the meaning given by section 2(1) of the Administration of Justice (Protection) Act 2016;

“specified judge” means —(a)

every president of the Syariah Court;

(b)

every ad‑hoc president of the Syariah Court;

(c)

the registrar of the Syariah Court; and

(d)

every deputy registrar of the Syariah Court;

“specified period” means —(a)

any period a control measure relating to COVID‑19 is in force;

(b)

for the purposes of subsection (2), (10)(a) or (11), any further period that the Chief Justice determines is necessary or expedient in order to conduct court proceedings in a safe and efficient manner and to prevent the spread of COVID‑19; or

(c)

for the purposes of subsection (4), (10)(b) or (12), any further period that the senior president of the Syariah Court determines is necessary or expedient in order to conduct the hearing of any action or proceeding in a safe and efficient manner and to prevent the spread of COVID‑19;

“Syariah Court” means the Syariah Court constituted under section 34 of the Administration of Muslim Law Act.

—(1) Despite any written law or rule of law requiring the presence of any accused person or any witness in any court proceedings (whether a trial, inquiry, appeal or other court proceedings) or the giving of evidence in person, a court may, if all the conditions specified in subsection (2) are satisfied, by order in those proceedings require an accused person or a witness —(a)

to give evidence by means of a live video or live television link that is created using a remote communication technology approved by the Chief Justice; or

(b)

if the accused person or witness makes an appearance (other than to give evidence) in those proceedings, to so appear by means of a live video, live television link or live audio link that is created using a remote communication technology approved by the Chief Justice.

(2) The conditions mentioned in subsection (1) are —(a)

in the case of an accused person, he or she makes an appearance or gives evidence —(i)

during the specified period; and

(ii)

from a place within a court or a prison in Singapore, using the remote communication technology;

(b)

in the case of a witness (whether in Singapore or elsewhere), he or she makes an appearance or gives evidence during the specified period from a place specified by the court using the remote communication technology, but only if he or she —(i)

is an expert witness; or

(ii)

is a witness of fact and the parties to the proceedings consent to the use of the remote communication technology; and

(c)

the court is satisfied that —(i)

sufficient administrative and technical facilities and arrangements are made at the place where the accused person or witness is to make an appearance or to give evidence; and

(ii)

it is in the interests of justice to do so.

(3) Despite any written law or rule of law requiring the presence of any witness in any action or proceeding in the Syariah Court, or the giving of evidence in person, the Syariah Court may, if all the conditions specified in subsection (4) are satisfied, by order in any action or proceeding, require the witness —(a)

to give evidence by means of a live video or live television link that is created using a remote communication technology approved by the senior president of the Syariah Court; or

(b)

if the witness makes an appearance (other than to give evidence) in that action or proceeding, to so appear by means of a live video, live television link or live audio link that is created using a remote communication technology approved by the senior president of the Syariah Court.

(4) The conditions mentioned in subsection (3) are —(a)

the witness (whether in Singapore or elsewhere) makes an appearance or gives evidence during the specified period from a place specified by the Syariah Court using the remote communication technology, but only if he or she —(i)

is an expert witness; or

(ii)

is a witness of fact and the parties to the action or proceeding consent to the use of the remote communication technology; and

(b)

the Syariah Court is satisfied that —(i)

sufficient administrative and technical facilities and arrangements are made at the place where the witness is to make an appearance or to give evidence; and

(ii)

it is in the interests of justice to do so.

(5) An order made under subsection (1) or (3) may specify all or any of the following matters:(a)

the persons who may be present at the place where the accused person or witness is giving evidence;

(b)

that a person be excluded from the place where the accused person or witness is giving evidence;

(c)

the persons who must be able to be heard, or seen and heard, by the accused person or witness, and by the persons with the accused person or witness;

(d)

the persons who must not be able to be heard, or seen and heard, by the accused person or witness, and by the persons with the accused person or witness;

(e)

the persons who must be able to see and hear the accused person or witness, and the persons with the accused person or witness;

(f)

the stages in the proceedings during which a specified part of the order is to have effect;

(g)

any other order the court or the Syariah Court considers necessary in the interests of justice.

(6) The court or the Syariah Court may revoke, suspend or vary an order made under subsection (1) or (3) (as the case may be) if —(a)

the live video, live television link or live audio link stops working and it would cause unreasonable delay to wait until a working system becomes available;

(b)

it is necessary for the court or the Syariah Court to do so to comply with its duty to ensure that the proceedings are conducted fairly to the parties in the proceedings;

(c)

it is necessary for the court or the Syariah Court to do so, so that the accused person or witness can identify a person or a thing or so that the accused person or witness can participate in or view a demonstration or an experiment;

(d)

there has been a material change in the circumstances after the court or the Syariah Court has made an order; or

(e)

it is necessary in the interests of justice to do so.

(7) The court or the Syariah Court is not to make an order under subsection (1) or (3) (as the case may be) or include a particular provision in such an order, if to do so would be inconsistent with the duty of the court or the Syariah Court to ensure that the proceedings are conducted fairly to the parties to the proceedings.

(8) Appearance and evidence given by the remote communication technology in any proceedings in accordance with a court’s order under subsection (1) or the Syariah Court’s order under subsection (3) are taken to be appearance and evidence given in person in those proceedings and form part of the record of the proceedings of that court or the Syariah Court, as the case may be.

(9) Evidence given by an accused person or a witness, whether in Singapore or elsewhere through a live video or live television link by virtue of this section is deemed for the purposes of sections 193, 194, 195, 196 and 205 of the Penal Code as having been given in the action or proceedings in which it is given.

(10) Despite any written law or rule of law requiring the exercise of the jurisdiction or power of a court or the Syariah Court in a court house or any other place, a court or the Syariah Court may exercise its jurisdiction and have the powers conferred under any written law if —(a)

in the case of court proceedings, such proceedings are conducted during the specified period using a remote communication technology approved by the Chief Justice; or

(b)

in the case of any action or proceeding in the Syariah Court, such action or proceeding is conducted during the specified period using a remote communication technology approved by the senior president of the Syariah Court.

(11) For the purpose of section 5(1)(a) of the Administration of Justice (Protection) Act 2016 (Act 19 of 2016), a reference to the use in court, or to bringing into court, of any audio recorder, electronic device or other instrument for audio or visual recording or both includes a reference to the use in or bringing of such instrument into any place in Singapore from where —(a)

a judge conducts court proceedings during the specified period using a remote communication technology approved by the Chief Justice;

(b)

an accused person or a witness makes an appearance or gives evidence during the specified period using such remote communication technology; or

(c)

any person participates in, views or listens to the court proceedings conducted during the specified period using such remote communication technology.

(12) For the purpose of section 54A(1) and (4) of the Administration of Muslim Law Act (Cap. 3), a reference to the use in court, or bringing into court, of a recording device includes a reference to the use in or bringing of such recording device into any place in Singapore from where —(a)

a specified judge hears any action or proceeding during the specified period using a remote communication technology approved by the senior president of the Syariah Court;

(b)

a witness makes an appearance or gives evidence during the specified period using such remote communication technology; or

(c)

any person participates in, views or listens to the action or proceeding conducted during the specified period using such remote communication technology.

(13) The Minister, in consultation with the Chief Justice, may by order in the Gazette declare that this section ceases to apply in relation to all or any proceedings in any court.

(14) The Minister, in consultation with the Minister charged with the responsibility for the portfolio of the Minister for Culture, Community and Youth as regards Muslim affairs, may by order in the Gazette declare that this section ceases to apply in relation to all or any action or proceeding in the Syariah Court.

(15) In this section, unless the context otherwise requires —“accused person” includes a person against whom proceedings for contempt of court under the Administration of Justice (Protection) Act 2016 have commenced;

“control measure” means any control order made under Part 7 or any of the following that is related to the infectious disease known as Coronavirus Disease 2019:(a)

a notification given under section 17(1) of the Infectious Diseases Act;

(b)

an order made under section 17A(1) or (2) of that Act;

(c)

a notice given under section 18(1) of that Act;

(d)

a notice given under section 19(1)(a) of that Act;

(e)

an order made under section 20(1) of that Act;

(f)

a direction given under section 21(1) of that Act;

(g)

an order made under section 55(1)(g) or (i) of that Act;

(h)

regulations made under section 73 of that Act prescribing any measure prohibiting or limiting the meeting or gathering of individuals;

“court” means —(a)

the Supreme Court constituted under Article 94 of the Constitution of the Republic of Singapore;

(b)

any State Court constituted under section 3 of the State Courts Act (Cap. 321);

(c)

any Family Court constituted under section 3 of the Family Justice Act 2014 (Act 27 of 2014); or

(d)

any Youth Court constituted under section 3 of the Family Justice Act 2014;

“judge” has the meaning given by section 2(1) of the Administration of Justice (Protection) Act 2016;

“specified judge” means —(a)

every president of the Syariah Court;

(b)

every ad‑hoc president of the Syariah Court;

(c)

the registrar of the Syariah Court; and

(d)

every deputy registrar of the Syariah Court;

“specified period” means —(a)

any period a control measure relating to COVID‑19 is in force;

(b)

for the purposes of subsection (2), (10)(a) or (11), any further period that the Chief Justice determines is necessary or expedient in order to conduct court proceedings in a safe and efficient manner and to prevent the spread of COVID‑19; or

(c)

for the purposes of subsection (4), (10)(b) or (12), any further period that the senior president of the Syariah Court determines is necessary or expedient in order to conduct the hearing of any action or proceeding in a safe and efficient manner and to prevent the spread of COVID‑19;

“Syariah Court” means the Syariah Court constituted under section 34 of the Administration of Muslim Law Act.