The Supreme Court: Cyberfair 99 Website

Post-Independence Developments

        Finally, Singapore divorced with Malaysia. Although Singapore became independent on 9 August 1965, the ties between the judicial systems of Singapore and Malaysia were not severed until 1969, when the Constitution (Amendment) Act 1969 and the Supreme Court of Judicature Act 1969 were passed. Phew! Another long wait again. The Constitution (Amendment) Act 1969, which came into operation on 9 January 1970, introduced into the Constitution, among other things, the provisions relating to the Judiciary. The Supreme Court of Judicature Act 1969, which also came into operation on 9 January 1970, repealed the Malaysian Courts of Judicature Act 1964, in so far as it applied to Singapore, and re-established in Singapore a Supreme Court comprising the High Court, the Court of Appeal and the Court of Criminal Appeal. The 1969 Act remains in force today as Cap 322 of the 1985 Revised Edition of the Statutes of the Republic of Singapore. Finally, the supreme court of Singapore rises from its ashes becoming anew again! Long live the Supreme Court!

        Well,another amendment was made to Singapore's judicial system again. This time jury trials were abolished in 1969. The Criminal Procedure Code was amended in 1969 to provide for trials of capital offences to be heard before two Judges instead of before a Judge and a jury. The accused would be convicted only when the Judges reached a unanimous decision on his guilt. This arrangement continued until 18 April 1992, when the Criminal Procedure Code was once again amended to allow for trials of capital offences to be heard before a single Judge. Well, this marks the difference between the British and Singapore judicial system.

        The next important change to Singapore's judicial system was the introduction of Judicial Commisioners to the Supreme Court Bench. The Constitution (Ammendment) Act 1979 provided for the appointment of a person qualified to be a Judge as a Judicial Commissioner of the Supreme Court "for such period or periods as the President thinks fit" in order to "facilitate the disposal of business in the Supreme Court". A Judicial Commissioner may exercise the powers or perform the functions of a Judge, and in so acting, he enjoys the same immunities as a Judge. However, although the Act came into operation on 4 May 1979, it was not until 1 July 1986 that the first Judicial Commissioner, Mr Chan Sek Keong, was appointed. The Constitution was amended again in 1993 to allow for the appointment of a Judicial Commissioner to hear and determine a specified case only. Well, this is to limit the powers of the Judicial Commissioner. You never know how much power the Judicial Commissioner had.

        On 28 September 1990, Chief Justice Yong Pung How took over as the head of the Judiciary in Singapore on the retirement of Chief Justice Wee Chong Jin. Chief Justice Yong is noted for the reforms which he has introduced to the organisation and management of the court system in Singapore. Therefore, he is a legend in the judicial system of Singapore who has contributed a lot to Singapore. Well, let me salute you!

        The first lady on the Supreme Court Bench was Judicial Commissioner Lai Siu Chiu, who was appointed Judicial Commissioner on 2 May 1991. She was followed by Judicial Commissioner Judith Prakash, who was appointed a Judicial Commissioner on 1 April 1992. They were appointed Judges of the High Court on 2 May 1994 and 1 April 1995 respectively. This shows that in the eyes of the Law, both sexes are equal. Everyone is equal!

        Again, the structure of the Supreme Court was reorganised by the Supreme Court of Judicature (Amendment) Act 1993 and the Constitution (Amendment) Act 1993, both of which came into operation on 1 July 1993. Until then, the Supreme Court consisted of the High Court, the Court of Appeal, which exercised appellate civil jurisdiction, and the Court of Criminal Appeal, which exercised appellate criminal jurisdiction. The Judges of the Supreme Court took turns to form a panel of three (or any greater uneven number) for each sitting of the Court of Appeal and the Court of Criminal Appeal. Ha Ha!, maybe they drew straws to take turns to sit on it.

        In actual fact, the two Acts established a permanent single Court of Appeal which would hear both civil and criminal appeals. This Court of Appeal would normally comprise the Chief Justice and the Judges of Appeal. The Acts draw a distinction between Judges of Appeal, who would normally only sit in the Court of Appeal, and the Judges of the High Court. A Judge of the High Court may, on the requests of the Chief Justice, sit as a Judge of the Court of Appeal. This would cater for the situation when the Court of Appeal sits to hear an appeal from a previous decision in the High Court of the Chief Justice or one of the Judges of appeal, or any other instance in which the Chief Justice or a Judge of Appeal may be disqualified from hearing a particular appeal. The first Judges of Appeal were Justice M Karthigesu and Justice LP Thean, both of whom were appointed as Judges of Appeal on 1 July 1993. Wow, this ton of information is making me breathless! Phew!