Statute Details
- Title: COVID-19 (Temporary Measures) (Cessation of Section 28 for Certain Proceedings) Order 2022
- Act Code: COVID19TMA2020-S253-2022
- Type: Subsidiary Legislation (SL)
- Commencement Date: 1 April 2022
- Enacting Formula / Authority: Made by the Minister for Law under section 28(13) of the COVID-19 (Temporary Measures) Act 2020, in consultation with the Chief Justice
- Key Provisions:
- Section 1: Citation and commencement
- Section 2: Declares cessation of section 28 of the Act for specified court proceedings (subject to exceptions)
- Section 3: Saving provision preserving the operation of section 28 for certain matters already ordered or already conducted
- Legislative Instrument Number: SL 253/2022
- Status: Current version as at 27 Mar 2026
- Related Legislation (as referenced in the Order): Family Justice Act 2014; State Courts Act 1970; Legal Profession Act 1966; Constitution of the Republic of Singapore (Article 94)
What Is This Legislation About?
The COVID-19 (Temporary Measures) (Cessation of Section 28 for Certain Proceedings) Order 2022 is a targeted “sunset” instrument. In plain terms, it tells the legal system when it can stop relying on a specific COVID-era emergency power contained in section 28 of the COVID-19 (Temporary Measures) Act 2020 for certain categories of court proceedings.
Section 28 of the COVID-19 (Temporary Measures) Act 2020 was designed to help courts continue operating during the pandemic by enabling remote participation and related procedural flexibility. As Singapore moved beyond the height of COVID-19 restrictions, the Government needed to scale back those temporary measures. This Order does that by declaring that section 28 ceases to apply to specified proceedings, effective from 1 April 2022.
Importantly, the Order is not a blanket repeal. It contains a saving provision that preserves the effect of section 28 where an order under section 28(1) was made before 1 April 2022, and it also protects certain remote evidence and appearances already conducted or tied to earlier orders. This approach balances legal continuity for ongoing matters with the policy goal of returning to normal court procedures.
What Are the Key Provisions?
1. Citation and commencement (Section 1)
Section 1 simply identifies the Order and provides that it comes into operation on 1 April 2022. For practitioners, this date is crucial because it determines whether section 28 of the principal Act continues to apply to a given proceeding.
2. Cessation of section 28 for specified proceedings (Section 2)
Section 2 is the operative “turn-off” provision. It declares that section 28 of the COVID-19 (Temporary Measures) Act 2020 ceases to apply in relation to the listed proceedings. The cessation applies regardless of whether the proceedings were commenced before, on, or after 1 April 2022, provided that no order under section 28(1) has been made before 1 April 2022.
The proceedings covered by the cessation include:
- Family Court proceedings constituted under section 3 of the Family Justice Act 2014 (Section 2(a)).
- Youth Court proceedings constituted under section 3 of the Family Justice Act 2014 (Section 2(b)).
- State Court proceedings constituted under section 3 of the State Courts Act 1970 (Section 2(c)).
- Supreme Court proceedings constituted under Article 94 of the Constitution, except proceedings before a court of three Supreme Court Judges under the Legal Profession Act 1966 (Section 2(d)).
Practical effect: after 1 April 2022, section 28’s COVID-era procedural mechanism is no longer available for these categories of proceedings unless the matter falls within the saving provision in section 3 (discussed below). This means parties and counsel should not assume that remote procedural flexibility under section 28 remains available for new or un-ordered matters in these courts after that date.
3. Saving provision (Section 3)
Section 3 ensures continuity and fairness by preserving the operation of section 28 in three specific situations.
- Section 3(a): Section 28 continues to apply to or in relation to any court proceedings for which an order under section 28(1) was made before 1 April 2022. In other words, if the court had already made a section 28(1) order, the emergency procedural regime remains applicable for that proceeding even after the cessation date.
- Section 3(b): Section 28 continues to apply to or in relation to any evidence given by an accused person or a witness by live video or live television link created using a remote communication technology approved by the Chief Justice, where that arrangement is pursuant to a section 28(1) order made before 1 April 2022.
- Section 3(c): Section 28 continues to apply to or in relation to any appearance (other than to give evidence) by an accused person or witness using live video, live television link, or live audio link created using remote communication technology approved by the Chief Justice, again where it is pursuant to a section 28(1) order made before 1 April 2022.
Why this matters: The saving provision is not merely about the existence of the earlier order; it also protects the validity and continued legal effect of remote evidence and remote appearances conducted under that earlier order. This reduces the risk of procedural challenge on the basis that the cessation date has passed.
4. The “no order under section 28(1)” condition
A subtle but important condition appears in section 2: cessation applies only where no order under section 28(1) has been made before 1 April 2022. Practitioners should therefore check the procedural history of each matter—particularly whether any section 28(1) order was already obtained before the cessation date. If such an order exists, section 3(a) may preserve the applicability of section 28 to the proceeding.
How Is This Legislation Structured?
This Order is structured in a straightforward three-part format:
- Section 1 sets out the citation and commencement.
- Section 2 contains the cessation declaration, listing the specific court proceedings to which section 28 of the principal Act ceases to apply, subject to the “no prior section 28(1) order” condition.
- Section 3 provides a saving provision to ensure that section 28 continues to apply in relation to proceedings and remote participation steps already authorised under section 28(1) before 1 April 2022.
Who Does This Legislation Apply To?
The Order applies to court proceedings within Singapore’s court system, specifically those in the Family Court, Youth Court, State Courts, and most Supreme Court proceedings under Article 94—subject to the exception for proceedings before a court of three Supreme Court Judges under the Legal Profession Act 1966.
In practical terms, it affects parties, counsel, and court administrators who may have relied on section 28 of the COVID-19 (Temporary Measures) Act 2020 to facilitate remote evidence or remote appearances. The saving provision also protects accused persons and witnesses whose evidence or appearances were already arranged under a section 28(1) order made before 1 April 2022.
Why Is This Legislation Important?
This Order is important because it marks a procedural transition from pandemic-era emergency measures to the post-emergency baseline. For practitioners, the key legal consequence is that section 28 is no longer generally available for the specified categories of proceedings after 1 April 2022, unless the matter is protected by the saving provision.
From an enforcement and litigation management perspective, the Order requires careful case triage. Counsel should confirm whether any section 28(1) order was made before 1 April 2022. If yes, section 28 may still govern aspects of the proceeding, including remote evidence and remote appearances. If no, counsel should plan for alternative procedural routes consistent with the ordinary rules and any other applicable practice directions or statutory provisions.
Finally, the Order’s design reflects a common legislative technique in COVID-era instruments: cessation with targeted savings. This reduces uncertainty and protects the integrity of proceedings already conducted using remote communication technology approved by the Chief Justice. In practice, it helps avoid later disputes about whether remote evidence or appearances were procedurally valid after the cessation date.
Related Legislation
- COVID-19 (Temporary Measures) Act 2020 (particularly section 28)
- Family Justice Act 2014 (sections relating to the constitution of the Family Court and Youth Court)
- State Courts Act 1970 (section 3 on the constitution of the State Courts)
- Legal Profession Act 1966 (proceedings before a court of three Supreme Court Judges)
- Constitution of the Republic of Singapore (Article 94)
Source Documents
This article provides an overview of the COVID-19 (Temporary Measures) (Cessation of Section 28 for Certain Proceedings) Order 2022 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.