New Acts

Commodity Futures (Amendment) Act 2001

The Commodity Futures Act has been amended with effect from 27 June 2001 to apply to all commodities and to expand the scope of the Act to allow the Trade Development Board ('the Board') to license persons engaged in brokering or advisory functions in relation to trading in commodity futures contracts, commodity forward contracts, trading in differences, leveraged commodity trading and spot commodity trading. The name of the Act will be changed to the 'Commodity Trading Act'.

Singapore Land Authority Act 2001 (A17/2001)

The Singapore Land Authority Act 2001 establishes and incorporates a new public corporation to be called the Singapore Land Authority ('SLA'), and transfers to SLA the functions, property, assets, liabilities and employees of the Singapore Land Registry (including its Land Dealings (Approval) Unit), Land Office, Survey Department and Land Systems Support Unit.

The Singapore Land Authority Act 2001 is operative from 1 June 2001.

Changes to Subsidiary Legislation

Rules of Court (Amendment) Rules 2001 (S306/2001)

Various amendments have been made to the Rules of Court (R 1) with effect from 18 June 2001.

Time
One of the amendments is in relation to time. A definition of 'working day' has been inserted. 'Working day' means any day other than a Saturday, Sunday or public holiday.

Order 3, rule 3 has been amended so that it is now provided that where the time prescribed by the Rules of Court, or by any judgment, order or direction, for doing anything expires on a day other than a working day, the act shall be in time if done on the next working day. Previously, instead of working days, Order 3, rule 3 referred to the Registry of the Supreme Court being open or closed.

Service of documents
Order 62, rule 4(6) previously provided as follows:

Where the FAX is transmitted on a working day before 4pm or on a Saturday before 12 noon, it shall, for the purpose of computing any period of time after service of that document, be deemed to be served on that day, and, in any other case, on the working day next following, unless the contrary is shown.

Following the amendments to the Rules of Court, the underlined words have been deleted.

Similarly, Order 62, rule 6(8) (in relation to the effect of service after certain hours) has been amended so that the reference to the service of a document (other than a writ of summons or other originating process) on Saturdays has been deleted.

Electronic filing and service
Order 63, rule 8(1) sets out the requirement for filing using the electronic filing service in accordance with Order 63 and the relevant practice directions. With the insertion of Order 63, rule 8(1A), it is clarified that the requirement under rule 8(1) is satisfied by the filing, service, delivery or otherwise conveyance of a single copy using the electronic filing service.

In relation to the service of documents via the electronic filing service, it is now provided that the document shall be deemed to be served, delivered or otherwise conveyed on the date and at the time that the first part of the transmission is received in the computer account of the network service provider, unless evidence to the contrary is adduced. The previous position was that the document was deemed to be served on the date and at the time that it was received in the computer account of the recipient.

It is now also provided that the person serving the document may file a Registrar's certificate of service issued through the network service provider or the service bureau in lieu of an affidavit of service and the certificate shall be regarded as prima facie evidence of such service, delivery or conveyance on the date and at the time as stated.

Forms
The following forms have been amended in relation to EFS requirements:

Court fees
Various amendments have also been made to the court fees listed in Appendix B of the Rules of Court.

Companies (Amendment No 2) Regulations 2001 (S314/2001)
The Companies Regulations (Rg 1) have been amended with effect from 1 July 2001 to provide for a new proof of debt form (Form 77).

At the same time, Form 78 (Declaration as to Proof of Debt Employees' Group Form) has been deleted. Declarations which were previously made on Form 78 may now be made in Form 77.

Companies (Winding Up) (Amendment No 2) Rules 2001 (S315/2001)
The Companies (Winding Up) Rules (R 1) have been amended with effect from 1 July 2001 to provide for the proof of debt by electronic filing. Rule 79 now provides that a debt shall be proved in any winding up by delivering by electronic filing or sending through the post, to the liquidator, a declaration verifying the debt.

Employment (Recommendations for Annual Wage Increases) Notification 2001 (S333)
The National Wages Council ('NWC') has laid down the wage guidelines for 2001-2002.

Taking into consideration the general economic conditions and the substantial wage increases enjoyed by workers last year, the NWC recommends that, in general, wage increase this year be lower than that of last year, and specifically:

  1. companies which are profitable and are performing well should reward workers with wage increases commensurate with their respective companies' performances and prospects, taking into consideration the need to remain cost competitive in less favourable economic conditions. Companies which are performing exceptionally well should also reward workers with an additional bonus to recognise their contributions;
  2. companies which are making lower profits compared to last year and are facing uncertain prospects should consider lower wage increases in line with their companies' circumstances. Should the performance of the company improve, workers should be rewarded with a one-off payment; and
  3. companies which are incurring losses and performing poorly could apply wage freeze or appropriate cost-reduction measures including wage cut (through MVC where it is available), or grant wage increase, if there is justification to do so. Companies which are considering wage increase could grant a one-off payment instead, so that the increase in wage cost is not of a permanent nature.

Elizabeth Wong
Allen & Gledhill