Baktee
The Administration of Justice (Protection) Bill, which was first introduced in July 2016, sets out in writing the law of what constitutes contempt of court. Previously, the law on contempt was the only criminal law in Singapore that took the form of case law, where judgements were based on the rulings of previous cases.
In his speech, Law Minister K Shanmugam said that the law on contempt has not been changed but merely taken the form of a statute.
Forms of Contempt
Under the new law, the main types of contempt of court include disobeying court orders, interfering with court proceedings, sub judice, and scandalising the court.
The law also sets out the defences available and a framework of punishments that can be meted out.
In his speech??, NTUC Assistant Secretary-General and Labour Member of Parliament Patrick Tay spoke in support of the Bill, saying that it provides greater clarity and certainty of what constitutes contempt.
Observations and Suggestions
He also hoped the Bill would cover the Industrial Arbitration Court (IAC) within the definition of ‘court’ to ensure compliance of the judgements made there, and that the two-step process for contempt proceedings in the IAC could be better aligned with the Bill.
He gave an example where he represented a union in the IAC and had a difficult time getting the employer to make due payment, at the expense of the workers affected.
ASG Tay also urged more to be done to strengthen and streamline the enforcement of tribunal orders and judgements, such as the Small Claims Tribunal, Community Disputes Tribunal and the newly created Employment Claims Tribunal.
“I submit that a more robust enforcement and deterrence regime such as those provided in this Bill would have made enforcement of tribunal orders even more efficacious, expeditious and economical for laymen who are to utilise such tribunals to resolve their disputes,” he added.
