Foreign Interference (Countermeasures) Act 2021/Part 8

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PART 8
OVERSIGHT ARRANGEMENTS

Division 1—Rights of appeal

Right of appeal against authorisation for Part 3 directions, etc.

92.—(1) Subject to subsection (2) and section 98(1), the following persons in the table below may, on payment of such fee as may be prescribed, appeal to a Reviewing Tribunal in accordance with this Part against the appealable decision specified opposite the person in the table below:

Item	Appellant	Appealable decision
1.	A person who is given a Part 3 direction	An authorisation by the Minister made under section 23(3)(b) or affirmed under section 23(3)(c) to the competent authority to give that Part 3 direction.
2.	A proprietor of a proscribed online location	A declaration by the Minister made under section 26(3)(b) or affirmed under section 26(3)(c) in relation to that online location.

(2) No appeal may be made under this Part to a Reviewing Tribunal by—

(a) any person given a Part 3 direction pursuant to an authorisation by the Minister under section 20(1), 21(1) or 22(1)(b) unless the person has first applied under section 23(1) to the Minister to reconsider the authorisation; or

(b) any proprietor of a proscribed online location declared under section 24(1) or 25(1)(b) unless the person has first applied under section 26(1) to the Minister to reconsider the declaration.

Right of appeal against competent authority’s decisions

93. A person—

(a) who is designated a Part 4 politically significant entity or politically significant person under section 47(1) or 48(1);

(b) whose application to cancel the person’s designation as a Part 4 politically significant entity or politically significant person under section 47(4) or 48(4) is refused; or

(c) who is given a directive under Part 5 or 6,

may appeal to the Minister in accordance with this Part against the decision in paragraph (a), (b) or (c), as the case may be.

Division 2—Reviewing Tribunals for section 92 appeals

Reviewing Tribunals—composition

94.—(1) One or more bodies each called a Reviewing Tribunal is established by this section.

(2) Every Reviewing Tribunal consists of 3 individuals, each of whom is appointed by the President on the advice of the Cabinet subject to subsections (3) and (4).

(3) An individual must not be, or be appointed, a member of any Reviewing Tribunal if he or she is not a citizen of Singapore.

(4) The chairperson of every Reviewing Tribunal must be a Supreme Court Judge.

(5) A member of a Reviewing Tribunal must vacate office at the end of a period of 3 years starting the day of his or her appointment, but is eligible for reappointment.

(6) A member of a Reviewing Tribunal may resign his or her office by giving notice in writing to the President.

(7) In the performance of his or her functions and duties under this Act, the members of a Reviewing Tribunal each have the same protection and immunity as a Judge of the High Court.

(8) The proceedings of a Reviewing Tribunal are deemed to be judicial proceedings and every member of the Reviewing Tribunal Board is deemed to be a public servant within the meaning of the Penal Code 1871.

Reviewing Tribunal—remuneration and other terms

95.—(1) The Minister may pay to the members of a Reviewing Tribunal out of moneys provided by Parliament such remuneration or allowances as the Minister may, with the approval of the President, fix.

(2) The remuneration and other terms of service of each member of a Reviewing Tribunal must not be altered to his or her disadvantage during his or her continuance in office as such.

Reviewing Tribunal—resources

96.—(1) All expenses of every Reviewing Tribunal are to be defrayed out of money provided by Parliament.

(2) The Minister must appoint a Secretary to the Reviewing Tribunals and such other public officers as are necessary for a Reviewing Tribunal to discharge its functions under this Act.

Reviewing Tribunal—function

97.—(1) It is the function and duty of every Reviewing Tribunal to consider and determine any appeal made under section 92 and served on the Secretary to the Reviewing Tribunals—

(a) by a person who is given a Part 3 direction and who may appeal against the authorisation by the Minister made under section 23(3)(b) or affirmed under section 23(3)(c) to the competent authority to give the direction; or

(b) by a proprietor of a proscribed online location and who may appeal against the Minister’s declaration made under section 26(3)(b) or affirmed under section 26(3)(c) in relation to that online location.

(2) However, a Reviewing Tribunal may summarily dismiss any appeal which it determines to be frivolous or vexatious.

(3) A Reviewing Tribunal may determine an appeal made to the Reviewing Tribunal by—

(a) dismissing the appeal and confirming the decision appealed against; or

(b) revoking the decision appealed against.

(4) Every Reviewing Tribunal has to carry out its work expeditiously.

(5) In relation to a Reviewing Tribunal determining an appeal under this Part, Part 3 applies as if the reference in that Part to the Minister were a reference to the Reviewing Tribunal.

(6) A Reviewing Tribunal’s decision under subsection (3) is final.

Procedure before Reviewing Tribunal

98.—(1) Except where a Reviewing Tribunal, having regard to all the circumstances, is satisfied that it is equitable to do so, the Reviewing Tribunal must not consider or determine any appeal against—

(a) an authorisation by the Minister made under section 23(3)(b) or affirmed under section 23(3)(c) to the competent authority to give a Part 3 direction, if the appeal is made more than 30 days after the notice of that decision is given under section 23(6); or

(b) a declaration made under section 26(3)(b) or affirmed under section 26(3)(c) in relation to a proscribed online location, if the appeal is made more than 30 days after the notice of that decision is given under section 26(5).

(2) A Reviewing Tribunal may at any stage in the appeal proceedings, and without calling for a defence from the Minister whose authorisation or declaration is appealed against, dismiss an appeal made to or before it if the Reviewing Tribunal is satisfied that—

(a) the appellant is not a person entitled to appeal under that section;

(b) the bringing of the appeal is or the proceedings of the appeal are frivolous or vexatious, which may include taking into account whether the appellant has habitually and persistently, and without any reasonable ground, made vexatious appeals to the Reviewing Tribunal; or

(c) the appellant has, without reasonable excuse, failed to comply with the time delimited by any provision of Rules made under section 99 for the submission of any notice, document or other information in the appeal proceedings, or with any direction of the Reviewing Tribunal under those Rules.

(3) Subject to Rules made under section 99, every Reviewing Tribunal is entitled to determine its own procedure in relation to any appeal under section 92 made to or before the Reviewing Tribunal.

Rules for Reviewing Tribunal proceedings

99.—(1) Rules may be made by the Minister to prescribe the practice and procedure to be followed on, or in connection with, the hearing or consideration of any proceedings or appeal (including, where applicable, the mode and burden of proof and the admissibility of evidence) before a Reviewing Tribunal.

(2) In particular, the Rules made under subsection (1) may include—

(a) requiring persons making an appeal to take such preliminary steps, and to make such disclosures, as may be specified in the Rules for the purpose of facilitating a determination whether the making of the appeal is frivolous or vexatious;

(b) enabling or requiring a Reviewing Tribunal to hear or consider any proceedings or appeal without the person who brought the appeal having been given full particulars of the reasons for any conduct which is the subject of the proceedings or appeal;

(c) the need to secure that matters which are the subject of proceedings or appeals brought before or made to a Reviewing Tribunal are properly heard and considered;

(d) prescribing the circumstances and manner in which appeals in relation to the same decision, or involve the same or similar issues, may be consolidated or heard together;

(e) enabling or requiring a Reviewing Tribunal to take any steps in exercise of their jurisdiction in the absence of any person (including the person bringing the proceedings or making the appeal and any legal representative of the person);

(f) enabling or requiring a Reviewing Tribunal to give a summary of any evidence taken in its absence to the person by whom the proceedings were brought or (as the case may be) to the person who made the appeal;

(g) securing that the information is not disclosed to an extent, or in a manner, that is contrary to Singapore’s national security, the prevention or detection of serious crime, the economic wellbeing of Singapore or the continued discharge of the functions of any of the intelligence services of Singapore; and

(h) providing for the manner in which the interests of a person who has made an appeal under section 92 are to be represented, such as for the appointment in accordance with the Rules, by such person as may be determined in accordance with the Rules, of a person to represent those interests.

(3) All Rules made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette.

Division 3—Section 93 appeals

Appeals to Minister

100.—(1) An appeal against an appealable decision described in section 93 may only be made to the Minister within one month after the appellant is notified of that decision (called the first appeal period) or such longer period as the Minister may allow in exceptional circumstances before the end of the first appeal period; and the Minister must not consider or determine any appeal made by virtue of section 93 if it is made later.

(2) Every appeal under section 93 must be made in the manner prescribed or, if not prescribed, in the manner required by the Minister.

Minister’s function on appeal

101.—(1) It is the function and duty of the Minister to consider and determine an appeal made to the Minister against any appealable decision mentioned in section 93.

(2) However, the Minister is not under any duty to hear, consider or determine any appeal if it appears that the bringing of the appeal is or the proceedings of the appeal are frivolous or vexatious.

(3) The Minister may determine an appeal made to him or her by—

(a) dismissing the appeal and confirming the decision appealed against; or

(b) cancelling the designation of a person as a politically significant person, or revoking a directive under Part 5 or 6 (as the case may be) or otherwise revoking the decision appealed against.

(4) In relation to the Minister determining an appeal under section 93, Parts 4, 5 and 6 apply as if the reference in those Parts to the competent authority were a reference to the Minister.

(5) The Minister’s decision under subsection (3) is final.

Advisory body for section 93 appeals

102.—(1) The Minister may appoint an advisory committee comprising individuals with suitable experience to provide advice to the Minister with regard to the performance of any of his or her functions in relation to any appeal under section 93.

(2) Before making any decision under section 101 in relation to an appeal under section 93 and for the purpose of forming an opinion on which to base such decision, the Minister may consult with the advisory committee in respect of the appeal but, in making the decision, is not bound by such consultation.

Division 4—General

Effect of appeal on decision appealed against

103. An appealable decision mentioned in section 92 or 93 takes effect despite any appeal against the decision and remains in effect until the decision is reversed on appeal.

Limited judicial review

104.—(1) Every determination, order and other decision of a Reviewing Tribunal, the Minister, or the alternate authority mentioned in section 106, made or purportedly made under this Act—

(a) is final; and

(b) is not to be challenged, appealed against, reviewed, quashed or called in question in any court, except in regard to any question relating to compliance with any procedural requirement of this Act or the Regulations or Rules governing that determination, order and other decision.

(2) A determination, an order and other decision includes a determination, an order and other decision purportedly made, proposed to be made, or required to be made, under this Act or any Regulations or Rules if there were not an excess of jurisdiction or a failure to exercise jurisdiction, in the making of the determination, order or other decision.