Administration of Justice (Protection) (Amendment) Bill 2024 introduced to safeguard the administration of justice

29 October 2024

On 14 October 2024, the Administration of Justice (Protection) (Amendment) Bill 2024 (“Bill”) was introduced in Parliament. The Ministry of Law (“MinLaw”) has explained in a press release that the Bill is intended to safeguard the administration of justice in Singapore by clarifying that egregious abuses of the court process will amount to contempt of court. The amendments are clarificatory in nature and do not lower the current threshold for contempt of court.

Rationale

Under the Administration of Justice (Protection) Act 2016 (“AOJPA”), any act that interferes with, or obstructs the administration of justice, is punishable as contempt of court.

Cases of abuse of court processes where parties commence unmeritorious claims to oppress others and/or for ulterior purposes have become more common in Singapore and overseas. Examples of such conduct include:

  • Commencing civil proceedings to seek financial damages, despite knowing that the claim is without foundation, for the purpose of oppressing the defendant.
  • Filing fictitious claims for the purpose of delaying criminal proceedings.
  • Persistently commencing actions and making applications that are manifestly groundless.

The Bill seeks to amend the AOJPA to make clear to the public and potential court users that egregious cases of abuse of process will amount to contempt of court. Egregious cases of abuse of court processes undermine the authority of the court and impede the administration of justice which can, in turn, impact the reputation of Singapore’s legal system and lead to an erosion of trust in Singapore’s court system. Individuals who are forced to defend unmeritorious claims may also suffer financial and psychological harm.

Key amendments

The amendments in the Bill will cover all court proceedings in Singapore and provide that the following conduct will constitute contempt of court:

  • Conducting or commencing a court proceeding, which the person knows or ought to have known:
  • involves a deception on the court, or is fictitious, or constitutes a mere sham; or
  • is manifestly groundless or without foundation and involves the process of the court being employed for some ulterior or improper purpose.
  • Conducting or commencing multiple or successive court proceedings, which the person knows or ought to have known are manifestly groundless or without foundation.

Persons who cause or abet such conduct will also be liable for contempt of court.

The amendments will not cover the typical case of a civil matter that is struck off for the sole reason that it has no merit, or cases that can be adequately dealt with by striking out and costs orders. Litigants who act with reasonable care and in good faith will not be penalised. Ultimately, the court will examine the circumstances of the case when considering whether the conduct constitutes contempt.

Reference materials

The following materials are available on the MinLaw website www.mlaw.gov.sg and Singapore Statutes Online sso.agc.gov.sg: