Constitution of The Court
Article 93 of the Constitution of the Republic of Singapore vests the judicial power of Singapore in the Supreme Court and the Subordinate Courts. The Chief Justice is the head of the judiciary.
The Supreme Court is a 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, and it hears appeals from these courts. As a court of record, it keeps a perpetual record of its proceedings. The Court of Appeal is the upper division of the Supreme Court, the lower one being the High Court.
The Supreme Court Bench consists of the Chief Justice, the Judges of Appeal, and Judges and Judicial Commissioners of the High Court. All members of the Bench are appointed by the President of Singapore if he, acting in his discretion, concurs with the advice of the Prime Minister. Before Judges of Appeal, High Court Judges and Judicial Commissioners are appointed, the Prime Minister must also consult the Chief Justice before tendering advice on the matter to the President. 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 Court of Appeal is made up of the Chief Justice, who is the President of the Court, and the Judges of Appeal. The Chief Justice may ask High Court judges to sit as judges of the Court of Appeal to hear specific appeals. Pursuant to the Chief Justice's power to appoint Judges of Appeal as vice-presidents of the Court, Justice of Appeal Chao Hick Tin has been Vice-President of the Court since 18 April 2008. The High Court consists of the Chief Justice and the Judges of the High Court, together with Judicial Commissioners who have the same powers and immunities as High Court Judges.
When hearing an appeal, the Court of Appeal normally sits with a bench of three Judges of Appeal, one of whom is the Chief Justice. If necessary though, such as in cases of unusual difficulty or importance, the bench may comprise five or any greater uneven number of judges. Certain appeals, including those against interlocutory orders, may be heard by only two judges. Matters before the Court are decided according to the opinion of the majority of the members of the Court hearing the case. If there are only two judges hearing an appeal and they disagree, the appeal is dismissed and the decision appealed against stands. Proceedings in the High Court are heard before a single judge, unless otherwise provided by any written law. A Judge of Appeal may also sit in the High Court as a Judge.
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