Safeguarding the Administration of Justice through the Administration of Justice (Protection) (Amendment) Bill 2024
14 October 2024 Posted in Press releases
1. The Ministry of Law (“MinLaw”) introduced the Administration of Justice (Protection) (Amendment) Bill 2024 (“Bill”) for First Reading in Parliament today. The Bill is intended to safeguard the administration of justice in Singapore by clarifying that egregious abuses of the court process will amount to contempt of court.
Rationale
2. The Administration of Justice (Protection) Act 2016 (“AOJPA”) provides that any act that interferes with, or obstructs the administration of justice, is punishable as contempt of court.1
3. Cases of abuse of court processes are becoming more common in Singapore and overseas, as parties engage in “lawfare” – commencing unmeritorious claims to oppress others and/or for ulterior purposes. Examples of such conduct include:
a) Commencing civil proceedings to seek financial damages, despite knowing that the claim is without foundation, for the purpose of oppressing the defendant.
b) Filing fictitious claims for the purpose of delaying criminal proceedings.
c) Persistently commencing actions and making applications that are manifestly groundless.
4. Egregious cases of abuse of court processes undermine the authority of the court and impede the administration of justice. This can impact the reputation of Singapore’s legal system and lead to an erosion of trust in our court system. Such cases also cause financial and psychological harm to the individuals who are forced to defend unmeritorious claims.
5. To deter such abuses of the court process, the Bill will amend the AOJPA to make clear to the public and potential court users that egregious cases of abuse of process will amount to contempt of court. The amendments are clarificatory in nature, and do not lower the current threshold for contempt of court.
Key Amendments in the Bill
6. The proposed amendments will cover all court proceedings in Singapore, and provide that the following conduct will amount to contempt of court:
a) Conducting or commencing a court proceeding, which the person knows or ought to have known:
(i) involves a deception on the court, or is fictitious, or constitutes a mere sham; or
(ii) is manifestly groundless or without foundation, and involves the process of the court being employed for some ulterior or improper purpose.
b) Conducting or commencing multiple or successive court proceedings, which the person knows or ought to have known are manifestly groundless or without foundation.
7. Persons who cause or abet such conduct will also be liable for contempt of court.
8. Key stakeholders, including the Judiciary, have been consulted and the amendments have been carefully scoped. In particular:
a) The amendments will not cover the typical case of a civil matter that is struck off for the sole reason that it has no merit, or cases that can be adequately dealt with by striking out and costs orders.
b) Litigants and lawyers who act with reasonable care and in good faith will not be penalised.
c) Ultimately, the court will be able to examine the circumstances of the case, when considering whether the conduct constitutes contempt.
MINISTRY OF LAW
14 OCTOBER 2024
1. Section 3(1)(e) AOJPA: “Any person who … intentionally does any other act that interferes with, obstructs or poses a real risk of interference with or obstruction of the administration of justice in any other manner, if the person knows or ought to have known that the act would interfere with, obstruct or pose a real risk of interference with or obstruction of the administration of justice … commits a contempt of court.”↩
Last updated on 14 October 2024