Written Answer by Second Minister for Law Edwin Tong to PQ on Evidence Required for Breach of Disputes Resolution Tribunal Order to Cease Smoking at Home
8 January 2025 Posted in Parliamentary speeches and responses
Question for Written Answer
Mr Louis Ng Kok Kwang (Member of Parliament for Nee Soon GRC)
Question:
To ask the Minister for Law what kind of evidence needs to be presented to the Community Disputes Resolution Tribunals (CDRT) to demonstrate that there is a breach of the CDRT order for a neighbour to stop smoking at home.
Written Answer:
1. Smoking at home is generally permitted.
2. A claim can be made under section 4 of the Community Disputes Resolution Act 2015 (CDRA) for cases of smoking at home where the second-hand smoke interferes with a neighbour’s enjoyment of his or her home.
3. The Community Disputes Resolution Tribunals (CDRT) is not bound by the formal rules of evidence. The CDRT will take into consideration evidence that is relevant to establishing the claim or proving the breach of an order. Some examples of evidence that might be presented to the CDRT were previously given in response to a Parliamentary Question on 18 February 2022.1
4. Ultimately, the CDRT will assess the evidence holistically to determine if a claim is proven on a balance of probabilities. The kind of evidence that will be helpful to the CDRT is relevant, credible, reliable and sufficient to persuade the court.
5. Members of the public who have doubts about how to present their case in the CDRT may wish to seek legal advice, or approach Pro Bono SG’s various Community Legal Clinics.
1. See "Proceedings under Section 4 of Community Disputes Resolution Act 2015 for Cases of Smoking Near Balconies or Windows in Homes", Singapore Parl Debates; Vol 95, Sitting No 49; 18 February 2022.↩
Last updated on 08 January 2025