Statute Details
- Title: Fees (Attendance in Court — Ministry of Defence) Order
- Act Code: FeA1920-OR2
- Legislation Type: Subsidiary legislation (Order)
- Authorising Act: Fees Act (Chapter 106, Section 2)
- Commencement: 1 April 1995
- Current Version Status: Current version as at 27 March 2026
- Key Provisions: Section 2 (fees payable to the Ministry of Defence for each half-day’s attendance in court)
- Schedule: Sets out the servicemen categories (first column) and the corresponding fees (second column)
- Citation: Fees (Attendance in Court — Ministry of Defence) Order; G.N. No. S 148/1995
- Revised Edition: 1996 RevEd (15 May 1996)
What Is This Legislation About?
The Fees (Attendance in Court — Ministry of Defence) Order is a Singapore subsidiary legal instrument made under the Fees Act. In practical terms, it establishes a fee regime for certain members of the Singapore Armed Forces (and/or other servicemen covered by the Schedule) when they attend court proceedings. The Order specifies that fees are payable to the Ministry of Defence for each half-day of court attendance (or part thereof), with the exact fee amount depending on the serviceman category listed in the Schedule.
Although the extract provided shows only the operative provision (Section 2) and the existence of a Schedule, the legal effect is straightforward: it authorises and quantifies payments linked to court attendance. Such orders are typically designed to ensure consistency, predictability, and administrative efficiency in compensating or charging for time spent by servicemen in court, whether as witnesses, accused persons, or in other roles connected to proceedings.
From a practitioner’s perspective, the Order matters because it can affect how costs and fees are calculated and accounted for in matters involving servicemen. It may also be relevant when advising on documentation, internal claims, or the handling of court attendance time for military personnel.
What Are the Key Provisions?
Section 1 (Citation) provides the short title of the Order. This is a standard provision used for referencing the instrument in legal documents, correspondence, and administrative processes.
Section 2 (Fees payable for court attendance) is the core operative clause. It states that there shall be payable to the Ministry of Defence “in respect of each half-day’s attendance in court or part thereof” by servicemen set out in the first column of the Schedule, the fees set out opposite thereto in the second column. In other words, the fee is calculated on a half-day basis, and the phrase “or part thereof” indicates that even if attendance does not cover a full half-day, the fee still applies (subject to the administrative interpretation of what counts as a “half-day” and how “part thereof” is measured in practice).
Two important legal/administrative implications follow from Section 2:
- Fee entitlement is category-based: the serviceman must fall within one of the categories listed in the Schedule. The amount is not uniform across all servicemen; it depends on the Schedule’s mapping between category and fee.
- Fee accrues per attendance unit: the unit of charge is “each half-day’s attendance in court.” This suggests that for multiple court dates or multiple attendance blocks on the same day, fees may be payable for each relevant half-day period.
The Schedule (categories and fee amounts) is essential to applying the Order. While the extract does not reproduce the Schedule’s table, the structure is clear: the first column lists servicemen categories, and the second column lists the corresponding fees. For legal practitioners, this means that any question about the amount payable cannot be answered solely by reading Section 2; the Schedule must be consulted to identify the correct fee for the relevant serviceman category.
Reference to the Fees Act (Chapter 106, Section 2) indicates that the Order is part of a broader statutory framework governing fees. Typically, such enabling provisions empower the making of orders to prescribe fees payable to a government ministry in specified circumstances. Accordingly, Section 2 should be read as implementing the Fees Act’s authority in the specific context of court attendance by servicemen covered by the Schedule.
How Is This Legislation Structured?
The Order is concise and structured in a typical subsidiary-legislation format:
- Citation provision (Section 1): identifies the Order by its short title.
- Operative provision (Section 2): sets the general rule for payment of fees to the Ministry of Defence for each half-day’s attendance in court (or part thereof) by specified servicemen.
- Schedule: provides the detailed fee table linking servicemen categories to fee amounts.
Notably, the extract indicates “THE SCHEDULE” and “Legislative History” interfaces, but the substantive content of the Schedule is not included in the provided text. In practice, the Schedule is where the operative financial details reside.
Who Does This Legislation Apply To?
The Order applies to “servicemen set out in the first column of the Schedule.” This phrasing is important: it does not necessarily apply to all persons connected to the Ministry of Defence or all individuals who may appear in court. Instead, it applies to those servicemen whose categories are expressly listed in the Schedule.
From a legal advisory standpoint, the key question is therefore factual and documentary: which serviceman category is the person in (rank, appointment, or other classification as reflected in the Schedule)? Once that category is identified, the fee amount is determined by the Schedule’s second column.
Although the Order is framed as a payment obligation “to the Ministry of Defence,” practitioners should be aware that the Order’s practical effects may be felt by parties involved in proceedings (for example, through internal cost accounting, administrative claims, or how court attendance time is recorded). However, the legal text itself is directed at the payment of fees to the Ministry of Defence rather than directly at litigants or the court.
Why Is This Legislation Important?
Even though the Order is short, it is significant because it provides a legally grounded fee mechanism tied to court attendance by servicemen. In litigation involving military personnel—whether as witnesses, accused persons, or otherwise—the accurate recording of attendance time and the correct classification of the serviceman can affect the fees payable under the Order.
For practitioners, the importance is twofold:
- Compliance and accuracy: If a matter involves servicemen covered by the Schedule, the correct fee calculation depends on applying the half-day rule and the correct Schedule category. Misclassification or incorrect attendance measurement can lead to administrative disputes or delays in processing.
- Predictability in costs and administration: By prescribing fees in advance (rather than leaving amounts to discretion), the Order supports consistent administrative processing. This can be relevant for internal budgeting within the Ministry of Defence and for any downstream cost allocation processes.
Finally, the Order’s “or part thereof” language is a practical flashpoint. It signals that partial attendance still triggers the fee. In real-world court scheduling, attendance may be shorter than expected due to adjournments, settlement, or procedural developments. The Order therefore underscores the need for clear administrative recording of attendance periods and for understanding how “half-day” and “part thereof” are operationalised by the relevant authorities.
Related Legislation
- Fees Act (Chapter 106), Section 2
Source Documents
This article provides an overview of the Fees (Attendance in Court — Ministry of Defence) Order for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.