Statute Details
- Title: COVID-19 (Temporary Measures) (Cessation of Section 28 for Syariah Court) Order 2022
- Act Code: COVID19TMA2020-S1004-2022
- Type: Subsidiary Legislation (SL)
- Commencement / Deemed Operation: Deemed to have come into operation on 30 November 2022
- Enacting Authority: Minister for Law, in consultation with the Minister charged with responsibility for Muslim affairs
- Authorising Provision: Powers under section 28(14) of the COVID-19 (Temporary Measures) Act 2020
- Key Operative Provisions: Section 2 (cessation), Section 3 (saving)
- Made Date: 19 December 2022
- Legislative Instrument No.: SL 1004/2022
- Status: Current version as at 27 March 2026
What Is This Legislation About?
The COVID-19 (Temporary Measures) (Cessation of Section 28 for Syariah Court) Order 2022 is a targeted legal instrument that ends the application of a specific COVID-era procedural power—namely, section 28 of the COVID-19 (Temporary Measures) Act 2020—in relation to proceedings in the Syariah Court. In plain language, it tells courts, litigants, and practitioners that the special COVID-19 procedural regime for Syariah Court matters is no longer generally available after a specified date.
Section 28 of the parent Act had been designed to allow flexibility in court processes during the pandemic, such as enabling remote participation and related procedural arrangements. As public health conditions stabilised, the Government moved to “switch off” these temporary measures. This Order does not repeal section 28 entirely; instead, it declares that section 28 ceases to apply to Syariah Court actions and proceedings, subject to carefully drafted transitional “saving” provisions.
Importantly, the Order is deemed to have come into operation on 30 November 2022. That means its legal effect applies from that date even though the Order was made later (on 19 December 2022). This approach is common in Singapore subsidiary legislation where administrative finalisation may occur after the intended policy cut-off date.
What Are the Key Provisions?
Section 1: Citation and commencement provides the formal identity of the instrument and its effective date. The Order is cited as the “COVID-19 (Temporary Measures) (Cessation of Section 28 for Syariah Court) Order 2022” and is deemed to have come into operation on 30 November 2022. For practitioners, this is crucial for determining whether a procedural step taken around late November 2022 falls under the temporary regime or the post-cessation position.
Section 2: Cessation of section 28 of Act for Syariah Court is the core operative clause. It states that the Minister declares that section 28 of the Act ceases to apply in relation to any action or proceedings in the Syariah Court—whether those proceedings were commenced before, on, or after 30 November 2022—and in respect of which no order under section 28(3) has been made before 30 November 2022.
This formulation is legally significant. It means cessation is not limited to newly filed cases; it also affects ongoing matters. However, the cessation is conditioned by whether a section 28(3) order had already been made before the cut-off date. Practically, this creates a two-track system:
- Track A (saved): If the Syariah Court had already made an order under section 28(3) before 30 November 2022, section 28 continues to apply for the matters covered by the saving provision.
- Track B (ceased): If no such order existed before 30 November 2022, section 28 no longer applies to the action or proceedings after that date.
Section 3: Saving provision ensures continuity and fairness for proceedings already affected by earlier COVID-19 orders. Despite the cessation in section 2, section 28 continues to apply to or in relation to three categories:
(a) Actions or proceedings where an order under section 28(3) was made before 30 November 2022. This is the most straightforward saving. It preserves the legal basis for continuing procedural arrangements in those cases. For litigators, it reduces the risk that previously authorised remote procedures become retrospectively invalid.
(b) Evidence given by a witness via live video or live television link created using remote communication technology approved by the senior president of the Syariah Court, where that arrangement is pursuant to a section 28(3) order made before 30 November 2022. This clause is evidence-focused and technology-specific. It confirms that the manner of evidence delivery—live video/television link using approved remote communication technology—remains legally effective even after cessation.
(c) Appearance by a witness (other than to give evidence) via live video, live television link, or live audio link created using remote communication technology approved by the senior president of the Syariah Court, again pursuant to a section 28(3) order made before 30 November 2022. This recognises that witnesses may need to appear for purposes other than giving evidence (for example, procedural steps, identification, or other court-directed participation), and it preserves those appearances where the legal authorisation existed before the cut-off.
In effect, section 3 prevents a “cliff-edge” disruption. Even though section 28 ceases to apply generally, the Order protects the validity of remote participation and evidence processes that were already authorised under the earlier regime.
How Is This Legislation Structured?
This Order is concise and consists of an enacting formula and three substantive provisions:
- Section 1 (Citation and commencement): Identifies the instrument and sets the deemed commencement date.
- Section 2 (Cessation): Declares that section 28 of the COVID-19 (Temporary Measures) Act 2020 ceases to apply to Syariah Court actions and proceedings after 30 November 2022, subject to the absence or presence of a prior section 28(3) order.
- Section 3 (Saving provision): Preserves the continued application of section 28 for specified categories of proceedings, evidence, and witness appearances tied to earlier section 28(3) orders.
There are no schedules or complex procedural rules within the Order itself. Instead, it operates as a “switch-off” instrument that relies on the parent Act’s existing framework (particularly section 28(3) and the approval mechanism involving the senior president of the Syariah Court).
Who Does This Legislation Apply To?
The Order applies to actions and proceedings in the Syariah Court. It is therefore relevant to parties to Syariah Court litigation (including complainants, respondents, and applicants), their legal representatives, and the Syariah Court itself when determining whether COVID-era remote procedural powers remain available.
It also has a practical impact on witnesses who may have been scheduled to give evidence or appear remotely. The saving provision is expressly concerned with witness evidence and witness appearances conducted using approved remote communication technology, but only where those arrangements were authorised by a section 28(3) order made before 30 November 2022.
Why Is This Legislation Important?
Although the Order is short, it is important because it addresses a common legal risk in transitional periods: the possibility that procedural steps taken under a temporary legal regime could be challenged if the enabling provisions are later withdrawn. By providing a saving provision, the Order helps ensure that remote evidence and witness participation authorised before the cut-off date remain legally robust.
From a practitioner’s perspective, the key operational question is whether a section 28(3) order existed before 30 November 2022. If it did, then section 28 continues to apply to the saved categories, including the giving of evidence by live video/television link and certain witness appearances by live video/television/audio link using technology approved by the senior president of the Syariah Court. If it did not, then after the cut-off date, parties cannot rely on section 28 as the legal basis for remote procedures in Syariah Court matters.
The Order also reflects a broader policy transition: Singapore’s COVID-19 temporary measures were designed to be time-limited. This instrument demonstrates how the legal system “winds down” emergency procedural tools while maintaining continuity for what has already been authorised. For counsel, this affects case strategy, including how to request remote participation, how to frame procedural applications, and how to anticipate objections based on the availability (or unavailability) of the COVID-19 procedural power.
Related Legislation
- COVID-19 (Temporary Measures) Act 2020 — in particular section 28 and section 28(3) (remote participation/evidence framework) and section 28(14) (power to make cessation orders).
- Timeline / Legislation amendments (as referenced in the legislation platform’s “Timeline” feature for SL 1004/2022).
Source Documents
This article provides an overview of the COVID-19 (Temporary Measures) (Cessation of Section 28 for Syariah Court) Order 2022 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.