Singapore LAW you need to know.

Who else may provide legal assistance to the needy besides the Legal Aid Bureau?

The Pro Bono Services Office of the Law Society of Singapore helps bring free legal assistance to those in need. One of their initiatives is the Community Legal Clinic - where a person can seek free basic legal advice and information. Needy Singaporeans and permanent residents will be able to consult a qualified volunteer lawyer on a one-to-one basis in a 20-minute session.

Community Legal Clinic Pamphlet

Miscellaneous

Public Assembly

When do we need a police permit for public assembly? A permit is required if you wish to hold any assembly or procession in any public place or place in which members of the public in general are invited, induced or permitted to attend and intended: i) to demonstrate support for or opposition to the views or actions of any person; i) to publicise a cause or campaign; or iii) to mark or commemorate any event. section 2(1) of the Public Order Act:- “assembly” means a gathering or meeting (whether or not comprising any lecture, talk, address, debate or discussion) of persons the purpose (or one of the purposes) of which is — (a) to demonstrate support for or opposition to the views or actions of any person, group of persons or any government; b) to publicise a cause or campaign; or (c) to mark or commemorate any event, and includes a demonstration by a person alone for any such purpose referred to in paragraph (a), (b) or (c)

Are electronic cigarettes permitted in Singapore?

Electronic cigarettes (e-cigarettes) re prohibited under Section 16 (1) of the Tobacco (Control of Advertisements and Sale) Act, which is enforced by the Health Sciences Authority (HSA). Any toy or other article that is designed to resemble a tobacco product or the packaging of which is designed to resemble the packaging commonly associated with tobacco products is prohibited under the Act.

Is there an ethical obligation to charge a fair and reasonable fee on the part of all doctors practising medicine in Singapore?

The Singapore Court of Appeal says that it is clear that every doctor is under an ethical obligation to charge a fair and reasonable fee for services rendered to his or her patient. The Court also says that what constitutes a fair and reasonable fee for services rendered will depend on the relevant facts as well as the views of experts in the particular field of practice concerned

Are Parliament proceedings open to the public?

Parliament proceedings are open to the public. Parliament does not accept booking or reservation of seats. The Serjeant-at-Arms issues admission Orders to members of the public who apply in person at the Public Lobby, if there are still seats available. The requirements for admission are the same for Singapore citizens and foreigners.

What is a Society?

A Society is defined in the Societies Act as a club, company, partnership or association of 10 or more persons, whatever its nature or object, and not already registered under any the law. The income and property of a Society must be applied towards the promotion of the objects of the Society as et out in its Constitution and no portion can be paid or transferred directly or indirectly to members of the Society.

Are they laws governing the use of the State Crest?

The use of the State Crest for advertisements or any other commercial purpose is prohibited by law. Only government bodies can display the State Crest within their premises. Approval must be sought for any other use of the State Crest.

Adoptions

A Procedural Guide to Adoptions
https://app.statecourts.gov.sg/family/page.aspx?pageid=3767

This article sets out the common procedural pitfalls encountered by parties filing originating summonses for adoption (OSA), Adoption Statement and related applications. It is meant to set out general procedural guidelines only, and is not intended to be an exhaustive list of all the procedural issues which may arise in adoption proceedings. The responsibility for ensuring that the OSA, Adoption Statement and any related applications and/or documents are in compliance with the Adoption of Children Act (Cap 4) (“the Act”), the relevant rules in the Rules of Court (“the ROC”) and the relevant Practice Directions2 (“the PD”) is solely that of the party filing the documents. Finally, substantive issues arising in adoptions proceedings are beyond the scope of this section, which focuses only on uncontested adoption proceedings.

1. Adoption Workflow

1.1 The following diagram sets out the case-flow for adoption proceedings, from the time the OSA is filed, to the time of the final hearing of the OSA.


1.2 List of Documents to be filed when commencing Adoption proceedings

a) Originating Summons for Adoption (“OSA”)

b) Adoption Statement (“AS”)

c) Affidavit verifying and exhibiting the auto-generated AS (to be filed within 7 days of filing OSA)

d) Birth Certificate of the child (to be submitted to court with cover letter in Form 33 of Appendix B of the PD at least 7 clear days before hearing to appoint GIA)

e) Either:

(i) Consent of:

Natural parent(s) of child
Guardian of child
Person having actual custody of child
Person liable to contribute to the support of the infant
Natural maternal and paternal grandparents of the child, where the natural parent(s) are below 21 years of age

(“the relevant persons”)

(Form 152 of the ROC)

OR

(ii) Application for dispensation of consent on the relevant person(s) (Form 153 of the ROC). This is filed as one of the prayers in the OSA and not by way of a separate summons (see paragraph 103(7) of the PD);

e) Application for dispensation of or substituted service of OSA and other documents (if applicable). This is filed as one of the prayers in the OSA and not by way of a separate summons (see paragraph 103(7) of the PD).

Adoptions

A Procedural Guide to Adoptions
https://app.statecourts.gov.sg/family/page.aspx?pageid=3767

2. FILING THE OSA (See paragraph 103(2) of the PD)

2.1.1 In addition to the OSA, the applicant(s) must fill up the Adoption Statement (“AS”) in Form 151. It is important that all relevant and mandatory fields in the template are filled in accurately. This is because the information required by the Schedule to the Adoption Order will be taken from this template.

2.1.2 Ensure the accuracy of information set out in the AS and the Schedule by checking the details against ALL available documentation, in particular:
a) Passport of the applicant(s), the child, and the natural parent(s);
b) Identity card of the applicant(s), the child (if applicable) and the natural parent(s);
c) Marriage Certificate (in the case of joint applicants); and
d) Birth Certificate (of the child).

2.1.3 It is absolutely vital that all these details are correct, as the Registry of Births, when issuing the new birth certificate after the adoptions order is made, will check the said details in the originating summons against those in the Schedule, and that the details in both these documents are consistent with all the available documentation.

2.1.4 The applicants’ particulars which must be double-checked are:
• Names;
• NRIC numbers;
• Addresses;
• Date of birth/country of birth;
• Occupation;
• Race/Dialect;
• Religion; and
• Nationality

The child’s particulars which must be double-checked are:

• Name(s) (the child’s original name(s), as they appear in the birth certificate/passport/other available documents);
• Birth certificate/passport/NRIC number;
• Address;
• Date of birth; and
• Place of birth



The natural parents’ particulars which must be double-checked are:

• Names (the names of the natural parents should be exactly the same as in the birth certificate of the child);
• NRIC numbers4;
• Addresses; and
• Nationality


2.1.5 It is important to state in paragraph 9 of the Statement that the applicants have been supporting the child. A common error is to state that the applicants have not been supporting the child.

2.1.6 If the natural father’s particulars are not stated in the child’s birth certificate, there is no necessity to include his particulars in paragraph 8(c) of the AS. However, it is still necessary to obtain his written consent to the adoptions in the prescribed form.

2.1.7 Once the electronic template has been filled up, the e-Litigation Filing System (e-Lit) will auto-generate the Statement.

Adoptions

A Procedural Guide to Adoptions
https://app.statecourts.gov.sg/family/page.aspx?pageid=3767

3. FILING THE AFFIDAVIT (See paragraph 103(4) of the PD)
3.1 Within 7 days of the filing of the OSA, the applicant(s) is required to file an affidavit which shall contain the following:-
• A paragraph that states that “the Statement exhibited therein is the same Statement auto-generated by the e-Litigation, and the contents entered into the e-Litigation, and which now appear in the Statement are true and accurate”;
• the auto-generated Statement in Form 151 labelled as the first exhibit;
• a copy of the birth certificate and a copy of the certified translation (if the birth certificate is in a foreign language) or other means of identification of the infant;
• the dependant’s pass of the infant (if the child is not a Singapore citizen);
• a letter from Immigration and Checkpoints Authority (ICA) which states that it has no objection to the adoptions where the child, although born in Singapore is not a citizen of Singapore; or confirming that the department will grant an in-principle approval for an adoptions application (if the child is a citizen of a foreign country);
• the identity card or other means of identification of the applicant(s);
• the marriage certificate of the applicant(s), if applicable;
•

the consents of the natural parent(s) and natural grandparent(s), where applicable. The consent of every person whose consent is necessary is required to be filed in prescribed Form 152 of the Rules of Court;
•

Foreign adoptions order (if applicable) (see paragraph 5.3 below);
•

Foreign divorce order (if applicable) in respect of the natural parents (in order for the court to ascertain the legal rights of the divorced natural father in relation to the child);
•

the grounds in support of the prayer for dispensation of consent and service of documents on the natural parent(s) and/or grandparent(s); and
• all other documents for proving the averments in the application for an adoptions order.

3.2 If the name of a applicant or the child in one document is different from the applicant’s or child’s name as set out in another document, the applicant must:
a) Explain the discrepancy in the Affidavit in Support of OSA if the discrepancy appears to be more than a typographical error or a difference in the order in which the person’s various names are written5; and
b) Set out all the different names in the OSA as aliases, for example: John Tan@Tan Ah Kow@Tan AhKow@Tan Ah Kow, John@Tan Ah Kow John@ John Tan Ah Kow


Even a discrepancy in one letter, the appearance or absence of a comma, or a discrepancy in the spacing between the different names (e.g. Tan Ah Kow and Tan AhKow) is significant. This discrepancy must be dealt with in both the Schedule and the OSA by setting out all the variations of the name in the said documents.

3.3 You should take note of the following:
a) Child’s dependent’s pass
i) The child’s dependent’s pass will appear as a stamp on one of the pages of the child’s passport. Exhibiting any other identity card or pass of the child will not suffice.
ii) A social visit pass, student’s pass, disembarkation card, or any other pass for the child will not suffice. 6
iii) The child’s dependent’s pass must be valid for a time beyond the date of the next hearing. If it is not, the applicants must apply to ICA for the dependent’s pass to be extended. A copy of the child’s extended Dependant’s Pass must be exhibited in an affidavit for the Court’s perusal.

b) Child with no nationality but is born in Singapore


If the child is born in Singapore but is not a Singapore citizen, nor a citizen of any other country, then a letter from ICA is necessary to state that they have no objections to the adoptions. It will not be necessary, however, to obtain a dependent’s pass for the child.

c) Foreign applicants
i)

If the applicants are not Singapore citizens or permanent residents, their work permits/employment passes and/or dependent’s passes must be exhibited in the Affidavit. Ensure that the photocopies of the documents are in a light tone without dark smudges. Otherwise the documents will become illegible when scanned into the EFS. If the documents are illegible, the applicant(s) will be required to file a supplementary affidavit to exhibit clear copies of the documents.
ii) If one of the parties is not a Singapore citizen or permanent resident and does not have a work permit, employment pass or dependent’s pass, the Affidavit should state the basis on which that party considers himself resident in Singapore7 (for example, the party is in the process of applying for permanent residency in Singapore, has lived here for a number of years, and will be doing so for the foreseeable future).
iii) The child’s dependent’s pass must be valid for a time beyond the date of the next hearing. If it is not, the applicants must apply to ICA for the dependent’s pass to be extended. A copy of the child’s extended Dependant’s Pass must be exhibited in an affidavit for the Court’s perusal.

Adoptions

A Procedural Guide to Adoptions
https://app.statecourts.gov.sg/family/page.aspx?pageid=3767

4. Consent
4.1 Consent of ALL the relevant persons must be obtained. If not, an application for dispensation of consent must be filed. The application for dispensation of consent must be personally served on the relevant person(s), unless the court grants leave to dispense with service or grants substituted service of the said application.

4.2 Before an application for dispensation of consent of a relevant person on the basis that the person cannot be found will be granted, the applicants should make attempts to locate the relevant person (as set out in paragraph 6.1(b) below). Full details of the said attempts must be set out in the Affidavit. (See paragraph 103(10) of the PD)

4.3 Foreign adoptions orders have no legal effect in Singapore for the purpose of adoptions proceedings. Thus, the consent of the natural mother and father of the child who has been adopted in a foreign country must be obtained, in addition to the consent of the adoptive mother and father. The foreign adoptions order must be exhibited in the Affidavit in Support of OSA.

4.4 If the natural father and/or natural mother is/are under 21 years old (for Singaporeans, you can check this information from the child’s original birth certificate), the consent of the guardian of the natural father and/or natural mother must be obtained. Please note that the consents of the natural parent(s) and the guardian(s) of the natural parent(s) must be filed separately—i.e. it will not suffice only to obtain the consent(s) of the guardian(s) of the natural parent(s) only. The consent(s) of the natural parent who is under 21 years old must also be obtained. (See paragraph 103(11) of the PD

4.5 The consent of the relevant persons must be in Form 152 of the Rules of Court. If it is not in the standard form, it must be obvious from a plain reading of the consent that:
a) the person consenting understands the nature and effect of the adoptions order; and
b) if the person consenting is the parent, that the effect of the adoptions order will be permanently to deprive him or her of his or her parental rights;
c) the person consenting understands the nature and effect of the adoptions order; and
d) the dependant’s pass of the infant (if the child is not a Singapore citizen);
e) if the person consenting is the parent, that the effect of the adoptions order will be permanently to deprive him or her of his or her parental rights.

4.6 The consent must be given in the prescribed standard form. If the consent is not in the standard form, then a prayer for dispensation of consent must be included in the OSA and the grounds for dispensation set out in the affidavit in support of the OSA.

4.7 The consent must be signed before a Commissioner for Oaths/Notary Public.

4.8 If the person signing the consent is not English-literate, the consent must be interpreted to that person in his chosen language, and an interpretation clause to state that this has been done must be set out in the consent.

4.9 If the identity of the natural father is unknown, the natural mother must file an affidavit stating that she is not aware of the identity of the natural father (i.e. she is not aware of which man the natural father could be and/or has no idea of the natural father’s name, even his first name), and to give brief reasons why (see paragraph 103(15) of the PD). The fact that the natural father’s name does not appear in the birth certificate will not suffice to establish that the natural father’s identity is unknown. The natural mother must still file the affidavit to explain that she is not aware of the natural father’s identity, and why. In a situation where the natural father’s identity is unknown, there is no necessity to apply for dispensation of the natural father’s consent (See paragraph 103(16) of the PD).

4.10 In the case of an abandoned child, the written consent of an authorized person of the Welfare Home / orphanage / Direct of Social Welfare is required for the adoptions. It is also necessary to serve the documents on these persons, unless an order for the dispensation of service of documents on the said persons is obtained.

Adoptions

A Procedural Guide to Adoptions
https://app.statecourts.gov.sg/family/page.aspx?pageid=3767

5. Service of the OSA and related documents
5.1 Personal service of the OSA and related documents on ALL the relevant persons must be effected. If not, an application for dispensation of service or substituted service on the relevant person(s) must be filed. You should note that the requirements for applications for substituted service or dispensation of service for divorce writs(see paragraph 12 of Practice Direction) are applicable to applications for dispensation of/substituted service in adoptions proceedings. This means that:
a) At least 2 recent attempts at personal service should be made at the last known address (if any) of the relevant person
b)

If there is no response for both attempts at personal service, and the applicants are not able to establish that the relevant person is residing at a particular address (for example, by stating that the applicants are residing at the same address as the relevant person and see him every day), then they should make attempts to locate the relevant person by contacting his relatives, friends, employer(s) (if any), in order to discover the address at which the relevant person is currently residing.
c) Full details of the applicants’ attempts to locate the relevant person and other details must be set out in the Affidavit (see paragraphs 12 of the PD).

5.2 In cases where the natural father’s identity is unknown (see paragraph 5.9 above), there is no necessity to file an application for dispensation of service of the AP and related documents on the natural father.

5.3 In cases where the natural parents / natural grandparents are deceased, there is no need to apply for the dispensation of their consent and service of documents on them.

5.4

If the natural father refuses to accept the child as his child, he must nonetheless be served with the applications for dispensation of substituted service as well as for dispensation of consent.

Adoptions

A Procedural Guide to Adoptions
https://app.statecourts.gov.sg/family/page.aspx?pageid=3767

6. Filing of child’s birth certificate
6.1 The original birth certificate and the original translation of the birth certificate (if any) of the infant shall be submitted to the Adoptions Counter of the Family Registry at least 7 clear days prior to the hearing of the prayer for the appointment of the guardian in adoptions. The said documents are to be sent under the cover of a letter in the prescribed format in Form 33 of Appendix B of the Rules of Court (see paragraph 103(12) of the PD).

6.2 If the child does not have an original birth certificate, the applicant(s) has to explain in an affidavit why this is so and why they are unable to obtain a certified true copy of the same.



7. Filing the consent of the Guardian in Adoptions (“GIA”)

You are required to file the written consent of the GIA into court at least 7 clear days prior to the hearing date of the prayer for the appointment of the guardian in Adoptions (see paragraph 103(13) of the PD) .



8. Filing of the Notice of Final Hearing and the affidavit of the GIA
8.1 Once the applicant(s) counsel receives the affidavit from the GIA, he shall file the Notice of Final Hearing (form 155 of the ROC) and the affidavit in Court. A hearing date will be given within 2 weeks of the filing of the said Notice.

8.2 Before the hearing date, check that the child’s Dependant’s Pass (if any) is still valid. If the pass has expired, the applicant(s) is required to file an affidavit exhibiting the renewed Dependant’s Pass.

Adoptions

A Procedural Guide to Adoptions
https://app.statecourts.gov.sg/family/page.aspx?pageid=3767

9. Amendments
9.1 Amendment of OSA (see paragraph 103(5) of the PD) .

9.1.1 The Applicant(s) is required to file a summons supported by affidavit to amend the OSA. The summons will be fixed for hearing within 4 weeks of the filing of the summons.

9.1.2 If the application is granted by the court, the amended OSA must be filed within 14 days, or you will have to apply for an extension of time to file the amended document8. You do not need to extract the order granting leave to amend9.

9.2 Amendment of AS (see paragraph 103(6) of the PD) .

9.2.1 Leave is not required to amend the AS as it is not a pleading.

9.2.2 The AS may be amended by changing the information in the appropriate electronic template. e-Litigation will then auto-generate the amended Statement.

9.2.3 Within 7 days of amending the AS, the applicant(s) shall file an affidavit exhibiting the amended Statement, stating that “the amended Statement exhibited therein is the same Statement generated by the e-Litigation, and the contents entered into the e-Litigation, and which now appear in the amended Statement are true and accurate”. The affidavit shall also state the grounds for the amendment and exhibit the auto-generated AS and all documents necessary for proving the averments in the affidavit. The affidavit and the amended AS shall be served on the GIA within 7 days of filing of the affidavit (see paragraph 103(13) of the PD).

9.2.4 Within 3 days of the amendment of the AS, you are required to give notice of such amendments by way of Form 37 of Appendix B of the Subordinate Courts Practice Directions. This is to ensure that any change in critical information e.g. that the natural parent(s) had revoked his consent, is communicated to the Court, which may then take the appropriate action, like directing the Director of Social Welfare to look into the issue of revocation of the natural parent(s) consent.

9.3 Amendment of Adoptions Order and Schedule

9.3.1 The Applicant(s) is required to file a summons supported by affidavit to amend the Adoptions Order and/or Schedule to the Adoptions Order. The summons will be fixed for hearing within 4 weeks of the filing of the summons.

9.3.2 The Court may allow the amendments if the errors come within Order 20 Rule 11 of the ROC. This is because once an adoptions order is made, the Court is functus officio. (retains no legal authority because its duties and functions have been completed)

9.3.3 The Applicant(s) is required to file an amended Adoptions Order and Schedule within 14 days, once leave to amend is granted. Please take note of ePractice Direction Amendment No 9 of 2013 which deals with amendments of originating processes, pleadings and documents.

Adoptions

A Procedural Guide to Adoptions
https://app.statecourts.gov.sg/family/page.aspx?pageid=3767

10. Reading Materials

Lawyers filing originating summonses for adoptions are advised to read the following materials which cover both substantive as well as procedural issues in adoptions:

• Adoption of Children Act (Cap 4)

• Rules of Court (Cap 322, R5, 2006 rev Ed). The relevant provisions are in Order 68

• State Courts’ Practice Directions. The relevant Practice Directions is Paragraph 102. Please note ePD Amendment No 9 of 2013.

• Adoptions Schedule Checklist (PDF, 23kb)

• FAQs: Adoption

Know your rights

Bankruptcy Act
(CHAPTER 20)

(Original Enactment: Act 15 of 1995)
REVISED EDITION 2009
(31st October 2009)
An Act relating to the law of bankruptcy and matters connected therewith.
[15th July 1995]
PART I
PRELIMINARY
Short title
1. This Act may be cited as the Bankruptcy Act.
Interpretation
2.
—(1) In this Act, unless the context otherwise requires —
“bankrupt” means —
(a) the individual debtor who has been adjudged bankrupt by a bankruptcy order; or
(b) where a bankruptcy order has been made against a firm, each of the partners in the firm;
“bankruptcy application” means an application to the court for a bankruptcy order;
“bankruptcy order” means an order adjudging a debtor bankrupt;
“court” means the court having jurisdiction in bankruptcy under this Act;
“creditor”, in relation to a debtor proposing a voluntary arrangement under Part V, means a creditor to whom the debtor owes a debt provable in bankruptcy;
“creditor’s bankruptcy application” means a bankruptcy application made under section 57 by a creditor or by 2 or more creditors jointly;
“creditors’ committee” means a committee appointed under section 80;
“debt provable in bankruptcy” or “provable debt” means any debt or liability that is made provable in bankruptcy under this Act;
“debtor” —
(a) in relation to a proposal for a voluntary arrangement under Part V, means the individual or the firm making or intending to make that proposal and includes each of the partners in such firm; and
(b) in relation to a bankruptcy application, means the individual debtor to whom, or a firm, or each of the partners in the firm, to which, the application relates;
“debtor’s bankruptcy application” means a bankruptcy application made under section 58 by a debtor against himself or by all or a majority of the partners of a firm against the firm;
“estate”, in relation to a bankrupt, is to be construed in accordance with section 78;
“family”, in relation to a bankrupt, means the persons (if any) who are living with and dependent on him;
“firm” means an unincorporated body of individuals carrying on business in partnership with a view to profit;
“gazetted” means published in the Gazette;
“goods” includes all chattels personal;
“judgment debt” means a debt which is payable by any person by virtue of a judgment or an order of court against him;
“liability” means a liability to pay money or money’s worth, irrespective of whether such liability is present or future, certain or contingent or of an amount that is fixed or liquidated or that is capable of being ascertained by fixed rules or as a matter of opinion, and includes any such liability arising —
(a) under any written law;
(b) under contract, tort or bailment;
(c) as a result of a breach of trust by the person liable; or
(d) out of an obligation to make restitution;
“limited liability partnership” has the same meaning given to it by section 4(1) of the Limited Liability Partnerships Act (Cap. 163A);
“nominee” means the person appointed by virtue of a debtor’s proposal for a voluntary arrangement under Part V to act as trustee or otherwise to supervise the implementation of the voluntary arrangement and includes —
(a) any replacement of such person pursuant to a direction under section 49(3)(a) or an order under section 55(5); and
(b) any person upon whom the functions of the nominee have been conferred by a creditors’ meeting pursuant to section 51(3);
“Official Assignee” includes a Deputy Official Assignee, a Senior Assistant Official Assignee and an Assistant Official Assignee;
“ordinary resolution” means a resolution passed by a majority in value of the creditors present personally or by proxy at a meeting of creditors and voting on the resolution;
“partnership debt” means a debt for which all the partners in a firm are jointly liable;
“preferential debt” means any debt which is to be paid in priority to all other unsecured debts and which is specified in section 90, and any reference to a preferential creditor shall be construed accordingly;
“property” includes money, goods, things in action, land and every description of property wherever situated and also obligations and every description of interest, whether present or future or vested or contingent, arising out of or incidental to, property;
“records” includes computer records and other documentary records;
“Registrar” means the Registrar of the Supreme Court and includes a Deputy Registrar or an Assistant Registrar of the Supreme Court;
“rules” means rules made under this Act;
“secured creditor”, in relation to a debtor, means a person holding a mortgage, pledge, charge or lien on or against the property of the debtor or any part thereof as security for a debt due to him from the debtor;
“Sheriff” includes a bailiff and any officer charged with the execution of a writ or other process of the court;
“special resolution” means a resolution passed by a majority in number and at least three-fourths in value of the creditors present personally or by proxy at a meeting of creditors and voting on the resolution;
“statutory demand” means a demand in the prescribed form which requires the person to whom it is addressed to pay, secure or compound to the reasonable satisfaction of the creditor making the demand, any debt owed by him to the creditor;
“transaction” includes any gift, agreement or arrangement, and any reference to entering into a transaction shall be construed accordingly;
“trustee”, in relation to a bankruptcy and a bankrupt, means the trustee of the bankrupt’s estate.
[42/2005; 6/2009]


(2) Any reference in this Act to the person or property of a debtor or bankrupt shall, in relation to a debtor which is a firm or to a firm against which a bankruptcy order has been made, as the case may be, be read as a reference to the person or property of each partner of the firm.

Bankruptcy Act
(CHAPTER 20)

(Original Enactment: Act 15 of 1995)
REVISED EDITION 2009
(31st October 2009)
An Act relating to the law of bankruptcy and matters connected therewith.
[15th July 1995]

PART II
CONSTITUTION, PROCEDURE AND POWERS OF COURT
Jurisdiction

High Court to be the court having jurisdiction in bankruptcy
3. Subject to any other written law, the High Court shall be the court having jurisdiction in bankruptcy under this Act.

Exercise of jurisdiction in chambers
4. Subject to this Act and the rules, any judge of the court exercising jurisdiction in bankruptcy may exercise the whole or any part of his jurisdiction in chambers.

Jurisdiction in bankruptcy of Registrar
5. Subject to the rules, the Registrar shall have all the powers and jurisdiction of the court, and any order made or act done by him in the exercise of those powers and jurisdiction shall, subject to an appeal to a judge in chambers, be deemed to be the order or act of the court.

General powers of bankruptcy court
6. —(1) Subject to this Act, the court, under its jurisdiction in bankruptcy, shall have full power to decide all questions of priorities and all other questions whatsoever, whether of law or fact, which may arise in any case of bankruptcy coming within the cognizance of the court, or which the court considers it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case.
(1A) The court may adjourn any case of bankruptcy coming within the cognizance of the court, or make such order or give such direction as it thinks fit for the just, expeditious and economical disposal of any such case, without requiring the parties to appear in person, by giving written notice of such adjournment, order or direction to all parties concerned.
[Act 2 of 2012 wef 01/03/2012]
(2) Where default is made by a debtor or bankrupt or any other person in obeying any order or direction given by the court or the Official Assignee or any other officer of the court under this Act, the court may, on the application of the Official Assignee or any other duly authorised person, or of its own motion, order such defaulting debtor, bankrupt or person to comply with the order or direction so given, and may also, if it thinks fit, make an immediate order for the committal of such defaulting debtor, bankrupt or other person.
(3) The power given by subsection (2) shall be deemed to be in addition to and not in substitution for any other right or remedy in respect of such default.

Power to review orders
7. The court may review, rescind or vary any order made by it under its bankruptcy jurisdiction.

Appeals in bankruptcy
8. —(1) Orders in bankruptcy matters shall, at the instance of any person aggrieved, be subject to appeal in the same way as orders of the High Court in other matters are for the time being appealable.
(2) For the purposes of this section, the Official Assignee shall be deemed to be aggrieved by the refusal of any application made by him to the court.

Power of arrest and seizure
9.—(1) Where the court is satisfied —
(a) on an application of the Official Assignee; or
(b) that there are reasonable grounds for believing,that any person against whom a bankruptcy application has been made or a bankruptcy order made —
(i)has absconded, or is about to abscond, with a view to avoiding or delaying the payment of any of his debts or his appearance to a bankruptcy application or to avoiding, delaying or disrupting any proceedings in bankruptcy against him or any examination of his affairs;
(ii)is about to remove his goods with a view to preventing or delaying possession being taken of them by the Official Assignee;
(iii)has concealed or destroyed, or is about to conceal or destroy, any of his goods or any books, papers or records which might be of use to his creditors in the course of his bankruptcy or in connection with the administration of his estate;
(iv)has, without the leave of the Official Assignee, removed any goods in his possession which exceed $200 in value; or
(v)has failed, without reasonable excuse, to attend any examination ordered by the court,
the court may cause a warrant to be issued to a police officer for his arrest or for the seizure of any books, papers, records, money or goods in his possession, and upon his arrest, may authorise him to be kept in custody, and anything seized under such a warrant to be held, in accordance with the rules, until such time as the court may order.
[42/2005]
(2) Where a person has been arrested under this section, the court may order his release, either with or without security to the satisfaction of the court that he will abide by such conditions as the court may think fit to impose.
(3) The proceeds of the realisation of any security given on breach by such person of any of the conditions of the security shall be deemed to be his property and shall vest in the Official Assignee where such person is an undischarged bankrupt or, where he is not such, in the event of his bankruptcy.

Criminal jurisdiction of District and Magistrate’s Courts
10. A District Court or a Magistrate’s Court shall have jurisdiction to hear and determine all offences under this Act or the rules and, notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68), shall have power to impose the full penalty or punishment in respect of any offence under this Act or the rules.

Bankruptcy Act
(CHAPTER 20)

(Original Enactment: Act 15 of 1995)
REVISED EDITION 2009
(31st October 2009)
An Act relating to the law of bankruptcy and matters connected therewith.
[15th July 1995]

PART II
CONSTITUTION, PROCEDURE AND POWERS OF COURT

Procedure
Where no specific procedure provided
11. —(1) In any matter of practice or procedure for which no specific provision has been made by this Act or the rules, the procedure and practice for the time being in use or in force in the Supreme Court shall, as nearly as may be, be followed and adopted.
(2) Where in respect of any matter of practice or procedure it is not possible to apply subsection (1), the court may make such orders and give such directions as are likely to secure substantial justice between the parties.
Power to adjourn proceedings
12. The court may at any time adjourn any proceedings before it upon such terms, if any, as it may think fit.
Power to amend written process
13. The court may at any time amend any written process or proceedings upon such terms, if any, as it may think fit.
Power to extend time
14. Where by this Act or the rules the time for doing any act or thing is limited, the court may extend the time, either before or after the expiration thereof, upon such terms, if any, as it may think fit.
Manner of taking evidence
15. Subject to the rules, the court may in any matter take the whole or any part of any evidence either orally or by interrogatories or upon affidavit or by commission abroad.
[42/2005]
Costs to be in court’s discretion
16. Subject to this Act and the rules, the costs of and incidental to any proceedings in court shall be in the discretion of the court.

Bankruptcy Act
(CHAPTER 20)

(Original Enactment: Act 15 of 1995)
REVISED EDITION 2009
(31st October 2009)
An Act relating to the law of bankruptcy and matters connected therewith.
[15th July 1995]

PART III
OFFICIAL ASSIGNEE

Appointment of Official Assignee
17.—(1) The Minister may appoint such person as he may think fit to be the Official Assignee of the estates of bankrupts and for the other purposes of this Act.
[6/2009]
(2) The Official Assignee shall act under the general authority and directions of the Minister, but shall also be an officer of the court.
(3) The Minister may appoint such other officers, either temporary or permanent, as he may think necessary for carrying this Act into effect, and may assign to such officers such duties as he may think fit.
Official name of Official Assignee
18. The Official Assignee shall have the following official names:
(a)where he has been appointed as the interim receiver of a debtor’s property under section 73, “The Official Assignee of the Property of (name of debtor), a Debtor”;
(b)where he is acting as the receiver and trustee of the estate of a bankrupt under Part VII, “The Official Assignee of the Estate of (name of bankrupt), a Bankrupt”; and
(c)where he is acting as the trustee of the estate of a deceased debtor in bankruptcy under section 148, “The Official Assignee of the Estate of (name of deceased debtor), a Deceased Debtor”,
and may, by such official name, sue and be sued, hold property of every description, enter into contracts or any engagements binding on himself and his successors in office, and do all other acts necessary or expedient to be done in the execution of his office.
Delegation of powers and functions by Official Assignee
19. —(1) Subject to this Act, the Official Assignee may, in relation to any particular matter or class of matters, by writing under his hand delegate to any person all or any of his powers or functions under this Act or the rules so that such power or function may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation.
(2) No delegation made under this section shall prevent the Official Assignee from exercising the power or function delegated.
(3) The Official Assignee may at any time revoke any delegation made by him under this section.
Official Assignee deemed to be public servant
20. The Official Assignee and any officer appointed by the Minister under section 17(3) shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224).
General duties of Official Assignee as regards bankrupt’s conduct and affairs
21.—(1) The Official Assignee shall have the following duties as regards a bankrupt:
(a)to investigate the conduct and affairs of the bankrupt, and report to the court as to whether there is reason to believe that the bankrupt has committed any act which constitutes an offence under this Act or under section 421, 422, 423 or 424 of the Penal Code, or which would otherwise justify the court in refusing, suspending or qualifying an order for his discharge;
(b)to make such other reports concerning the conduct of the bankrupt as the court may direct or as are prescribed;
(c)to take such part as may be directed by the court or as is prescribed, in any examination of the bankrupt and other persons; and
(d)to take such part and give such assistance in relation to the prosecution of any fraudulent bankrupt or any other person charged with an offence under this Act, as the court may direct or as is prescribed.
(2) A report by the Official Assignee under subsection (1) shall in any proceedings be prima facie evidence of the facts stated in it.
(3) In this section, the conduct and affairs of a bankrupt shall include his conduct and affairs before the making of the bankruptcy order against him.
General duties of Official Assignee as regards estate of bankrupt
22.—(1) The Official Assignee shall have the following duties as regards the estate of a bankrupt administered by him:
(a)to act as the receiver of the bankrupt’s estate and where a special manager has not been appointed under section 113, as the manager thereof;
(b)to raise money or make advances for the purposes of the estate, and to authorise the special manager (if any) to raise money or make advances for the like purposes in any case where in the interests of the creditors it appears necessary to do so;
(c)to summon and preside at all meetings of creditors held under this Act;
(d)to issue forms of proxy for use at the meetings of creditors;
(e)to report to the creditors as to any proposal which he makes with respect to the mode of liquidating the bankrupt’s affairs; and
(f)to advertise the bankruptcy order, the date of any public examination and such other matters as may be necessary to advertise.
(2) For the purpose of carrying out his duties as receiver or manager, the Official Assignee shall have the same powers as if he were a receiver and manager appointed by the court.
(3) The Official Assignee shall, as far as practicable, consult the creditors with respect to the management of the bankrupt’s estate, and may for that purpose, if he thinks it advisable, summon meetings of the persons claiming to be creditors.
(4) The Official Assignee shall account to the court and pay over all moneys and deal with all securities in such manner as the court may, subject to this Act, direct.
Discretion of Official Assignee in administration of estate of bankrupt
23.—(1) Subject to this Act, the Official Assignee shall have discretion as to the administration of the property of the bankrupt.
(2) Subject to this Act, the Official Assignee shall, in the administration of the estate of a bankrupt, have regard to any direction that is given by resolution of the creditors at any general meeting and to any advice given by the creditors’ committee.
(3) Where any direction given to the Official Assignee by the creditors of a bankrupt at any general meeting is in conflict with any advice given to him by the creditors’ committee, the direction given by the general meeting of creditors shall prevail.