§ 44 — Rules for Reviewing Tribunal proceedings

44.—(1) Rules may be made by the Minister to prescribe the practice and procedure to be followed on, or in connection with, the hearing or consideration of any proceedings or appeal (including, where applicable, the mode and burden of proof and the admissibility of evidence) before a Reviewing Tribunal.(2) In particular, the rules made under subsection (1) may include —(a)

requiring persons making an appeal to take such preliminary steps, and to make such disclosures, as may be specified in the rules for the purpose of facilitating a determination whether the making of the appeal is frivolous or vexatious;

(b)

enabling or requiring a Reviewing Tribunal to hear or consider any proceedings or appeal without the person who brought the appeal having been given full particulars of the reasons for any conduct which is the subject of the proceedings or appeal;

(c)

the need to secure that matters which are the subject of proceedings or appeals brought before or made to a Reviewing Tribunal are properly heard and considered;

(d)

prescribing the circumstances and manner in which appeals in relation to the same decision, or that involve the same or similar issues, may be consolidated or heard together;

(e)

enabling or requiring a Reviewing Tribunal to take any steps in exercise of its jurisdiction in the absence of any person (including the person bringing the proceedings or making the appeal and any legal representative of the person);

(f)

enabling or requiring a Reviewing Tribunal to give a summary of any evidence taken in the absence of the person bringing the proceedings or making the appeal, to that person;

(g)

securing that information is not disclosed to an extent, or in a manner, that is contrary to Singapore’s national security, the prevention or detection of serious crime, the economic wellbeing of Singapore or the continued discharge of the functions of any of the intelligence services of Singapore; and

(h)

providing for the manner in which the interests of a person who has made an appeal under section 18 or 37 are to be represented, such as for the appointment in accordance with the rules, by such person as may be determined in accordance with the rules, of a person to represent those interests.

(3) All rules made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette.

—(1) Rules may be made by the Minister to prescribe the practice and procedure to be followed on, or in connection with, the hearing or consideration of any proceedings or appeal (including, where applicable, the mode and burden of proof and the admissibility of evidence) before a Reviewing Tribunal.

(2) In particular, the rules made under subsection (1) may include —(a)

requiring persons making an appeal to take such preliminary steps, and to make such disclosures, as may be specified in the rules for the purpose of facilitating a determination whether the making of the appeal is frivolous or vexatious;

(b)

enabling or requiring a Reviewing Tribunal to hear or consider any proceedings or appeal without the person who brought the appeal having been given full particulars of the reasons for any conduct which is the subject of the proceedings or appeal;

(c)

the need to secure that matters which are the subject of proceedings or appeals brought before or made to a Reviewing Tribunal are properly heard and considered;

(d)

prescribing the circumstances and manner in which appeals in relation to the same decision, or that involve the same or similar issues, may be consolidated or heard together;

(e)

enabling or requiring a Reviewing Tribunal to take any steps in exercise of its jurisdiction in the absence of any person (including the person bringing the proceedings or making the appeal and any legal representative of the person);

(f)

enabling or requiring a Reviewing Tribunal to give a summary of any evidence taken in the absence of the person bringing the proceedings or making the appeal, to that person;

(g)

securing that information is not disclosed to an extent, or in a manner, that is contrary to Singapore’s national security, the prevention or detection of serious crime, the economic wellbeing of Singapore or the continued discharge of the functions of any of the intelligence services of Singapore; and

(h)

providing for the manner in which the interests of a person who has made an appeal under section 18 or 37 are to be represented, such as for the appointment in accordance with the rules, by such person as may be determined in accordance with the rules, of a person to represent those interests.

(3) All rules made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette.