High Court of Singapore - Constitution of The Court

Constitution of The Court

The Supreme Court of Singapore is the nation's superior court of record. It is superior in the sense that its jurisdiction to hear civil and criminal cases is unlimited compared to the Subordinate Courts of Singapore, and it hears appeals from lower courts. As a court of record, it keeps a perpetual record of its proceedings. The High Court is the lower division of the Supreme Court, the upper one being the Court of Appeal.

The High Court consists of the Chief Justice of Singapore and the Judges of the High Court. A person is qualified to be appointed a Judge if he or she has for an aggregate period of not less than ten years been a qualified person within the meaning of the Legal Profession Act or a member of the Singapore Legal Service, or both. The Chief Justice and Judges of the High Court are appointed by the President of Singapore if he, acting in his discretion, concurs with the advice of the Prime Minister. Where the appointment of Judges is concerned, the Prime Minister is required to consult the Chief Justice before tendering advice to the President. In addition, to facilitate the disposal of business in the Supreme Court, the President may, if he concurs with the Prime Minister's advice, appoint people qualified to be judges to be Judicial Commissioners of the Supreme Court. Judicial Commissioners exercise the same powers and perform the same functions as Judges of the High Court. However, unlike Judges who generally hold office until the age of 65 years, Judicial Commissioners do not have security of tenure.

In general, all proceedings in the Court are heard and disposed of before a single judge. Whenever the business of the Court requires, a Judge of Appeal of the Court of Appeal may sit in the High Court and act as a High Court Judge. If the Court feels that it requires assistance in a particular case, it may summon persons of skill and experience in the matter to which the proceedings relate to sit with the Court and act as assessors.

The Chief Justice may give directions of a general or particular nature to distribute the business of the Court among his fellow Judges. In 2002, it was announced that specialist commercial courts would be set up in the Supreme Court to emphasize the judiciary's "commitment to transform Singapore into a premier international commercial dispute resolution centre in litigation, arbitration and mediation". The Admiralty Court was established in February 2002 to deal with admiralty law matters, followed in September by the Intellectual Property Court which is presided over by Judges and Judicial Commissioners with expertise in intellectual property law. In April 2003, Justice Judith Prakash was appointed to preside over all arbitration matters brought before the High Court; Justices Belinda Ang Saw Ean and V.K. Rajah were similarly appointed in November of the following year.

The High Court sits on every day of the year except Saturdays, Sundays and public holidays, although a Judge may lawfully sit on such days if directed to do so by the Chief Justice or if the Judge is of the opinion that the business to be despatched is extremely urgent. The High Court sits at such times and at such places as the Chief Justice appoints from time to time. When the Supreme Court moved from the Old Supreme Court Building and City Hall Building at 1 and 3 Saint Andrew's Road respectively to the present Supreme Court Building at 1 Supreme Court Lane, the Chief Justice formally appointed the new building as a place where the High Court sits by way of a notification dated 20 June 2005.