Fictitious claims, time-wasting tactics will be considered contempt of court under new Bill

The use of time-wasting tactics and fictitious claims to delay criminal proceedings will be considered contempt of court under a new Bill, with offenders facing a possible jail sentence and fine.

- Nadine Chua

The proposed amendment comes as abuse of court processes becomes more common in Singapore, with parties filing unmeritorious claims to oppress others, or for ulterior purposes, said the Ministry of Law (MinLaw).

Minister of State for Law Murali Pillai introduced the Administration of Justice (Protection) (Amendment) Bill in Parliament on Oct 14. If passed, the Bill will make it clear to the public that egregious cases of abuse of process will amount to contempt of court under the law.

Examples of such conduct include parties commencing civil proceedings to seek financial damages, in a bid to oppress the defendant despite knowing the claim is without foundation.

The law will also consider filing fictitious claims to delay criminal proceedings, and persistently making applications that are manifestly groundless, as contempt of court.

It will also be considered contempt of court if an individual commences a court proceeding despite knowing it is fictitious or "constitutes a mere sham".

MinLaw said the amendments are intended to proactively deter abuses of the court process, to safeguard the administration of justice in Singapore.

The ministry added that litigants and lawyers who act with reasonable care and in good faith will not be penalised.

"Ultimately, the court will be able to examine the circumstances of the case, when considering whether the conduct constitutes contempt," said MinLaw.

Those who commit contempt of court, including those who cause or abet such conduct, will be liable for punishment.

The punishment depends on the level of the court in which the contempt takes place.