The judicial officers of the Republic of Singapore work in the Supreme Court and 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 Honourable the Chief Justice Chan Sek Keong, who is also the President of the Court of Appeal; the Honourable Judge of Appeal Chao Hick Tin, the Vice-President; the Honourable Judges of Appeal, Justices Andrew Phang Boon Leong and V.K. Rajah; 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 Subordinate Courts are headed by the Senior District Judge Richard Magnus, and the senior judicial officers are the four Principal District Judges who, as of 2006, were Khoo Oon Soo, Liew Thiam Leng, Wong Keen Onn and Mavis Chionh (Acting Principal District Judge); the District Judges and Magistrates. The other judicial officers are the Registrar of the Subordinate Courts, Ms. Hoo Sheau Peng; 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, 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; to date, this has not been done.
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 he or she shall have all the jurisdiction, powers and privileges of a judge of the Court of Appeal.
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. These officers assist the senior judicial officers by conducting pre-trial conferences, and hearing and determining minor court applications such as interlocutory applications and bankruptcy matters.
The Legal Profession Act defines a "qualified person" as any person who —
In order to facilitate the disposal of business in the Supreme Court, the President, if he, acting in his discretion, 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 his or her appointment shall have the same validity and effect as if done by a Judge of that Court and, in respect thereof, he or she shall have the same powers and enjoy the same immunities as if he or she had been a Judge of that Court. A person may be appointed to be a Judicial Commissioner to hear and determine a specified case only, although this has not yet happened. In recent years, the Judicial Commissioner's post has been used as a testing ground to see if qualified persons are suited for elevation to the Bench as Judges of the High Court.
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, acting in his discretion, concurs with the advice of the Prime Minister.
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, before he or she enters on the execution of his or her office, take, in the presence of the President, the following Oath of Office:
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.
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 his or her authority (known as "scandalizing" the court or the judge); or calculated to obstruct or interfere with the due course of justice.
At common law, no judge of a superior court or inferior court is liable in damages if acting within jurisdiction, even if he or she does so maliciously. 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. Liability only attaches in such cases if the judge knowingly acts outside jurisdiction.
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.
The full form of address for the Chief Justice is "The Honourable the Chief Justice", while that for other Judges is "The Honourable Judge of Appeal Justice/Justice/Judicial Commissioner". In reports of judgments and in legal submissions, these forms of address are usually abbreviated as follows:
The table below lists the judges that were in office on or after 9 August 1965, the date when Singapore left the Federation of 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) 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) 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) 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. 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, when the Supreme Court of Judicature Act 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. 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. 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. 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.
surname, or if he or she does not have a surname, the given name by which he or she is generally known. Judges currently in office are highlighted.Notes
As of 8 August 2008 the Acting Registrar is Foo Chee Hock, while the Acting Deputy Registrar is Audrey Lim Yoon Cheng. There are three Senior Assistant Registrars: Tan Ken Hwee, Sharon Lim Hui Mien and Kenneth Yap Yew Choh.
The Subordinate Courts of Singapore are the District Courts, Magistrates' Courts, Juvenile Courts, Coroners' Courts and Small Claims Tribunals.
The senior judicial officers of the Subordinate Courts are the Senior District Judge, presently Richard Magnus; the four Principal District Judges who, as at 2006, were Khoo Oon Soo, Liew Thiam Leng, Wong Keen Onn and Mavis Chionh (Acting Principal District Judge); the District Judges and Magistrates.
The other judicial officers are the Registrar of the Subordinate Courts, Ms. Hoo Sheau Peng; the Senior Deputy Registrar; and the Deputy Registrars.
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, in his discretion, appoint any person who is not a qualified person under that Act.
The Registrar, Senior Deputy Registrar and Deputy Registrars are appointed by the Chief Justice.
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:
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.