Statute Details
- Title: Fees (Attendance in Court — Ministry of Defence) Order
- Act Code: FeA1920-OR2
- Legislation Type: Subsidiary legislation (SL)
- Authorising Act: Fees Act (Chapter 106, Section 2)
- Commencement: 1 April 1995
- Current Version Status: Current version as at 27 Mar 2026 (per provided extract)
- Key Provisions (from extract): Section 2 (fees payable to the Ministry of Defence for each half-day’s attendance in court)
- Citation / Gazette: G.N. No. S 148/1995
- Revised Edition: 1996 RevEd (15 May 1996), with commencement stated as 1 April 1995
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 servicemen when they attend court. The Order specifies that fees are payable to the Ministry of Defence (MINDEF) for each half-day (or part thereof) of court attendance by the relevant servicemen.
At a high level, the legislation addresses an administrative and financial question: when servicemen are required to attend court—whether as witnesses, for proceedings connected to their duties, or for other court-related attendance—how are the associated costs handled? Rather than leaving the matter to ad hoc arrangements, the Order provides a structured mechanism for charging fees to MINDEF based on attendance time.
Although the extract provided shows only the citation and the operative fee provision, the Order is clearly designed to work together with a Schedule. The Schedule (not fully reproduced in the extract) is where the servicemen categories are listed (first column) and where the corresponding fee amounts are set out (second column). This means the Order’s core function is to “match” eligible servicemen to the applicable fee for each half-day of court attendance.
What Are the Key Provisions?
1. Citation (Section 1)
Section 1 provides the short title: the “Fees (Attendance in Court — Ministry of Defence) Order”. This is a standard provision used to identify the instrument for reference in legal documents, submissions, and administrative records.
2. Fees for court attendance (Section 2)
Section 2 is the central operative provision. 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 any of the servicemen set out in the first column of the Schedule, the fees set out opposite thereto in the second column.
This provision contains several important legal and practical elements:
- Payable to MINDEF: The fees are not merely internal reimbursements; they are legally payable to the Ministry of Defence.
- Time-based charging: The unit of measurement is “each half-day’s attendance in court”. This suggests that the fee is calculated by reference to attendance duration, rather than by case outcome or other factors.
- “Or part thereof”: The inclusion of “or part thereof” indicates that even partial half-day attendance triggers the fee. For example, if attendance is less than a full half-day but still constitutes “part thereof”, the fee regime applies. Practitioners should therefore treat attendance timekeeping and documentation as legally relevant.
- Eligibility depends on the Schedule: Only “servicemen set out in the first column of the Schedule” are covered. The Schedule is therefore essential for determining whether a particular individual or category is within scope.
- Fee amounts depend on the Schedule: The applicable fee is the amount “set out opposite thereto” in the second column. This implies a category-based fee schedule rather than a single flat rate.
3. The Schedule (implied by the operative text)
While the extract does not reproduce the Schedule contents, Section 2 makes clear that the Schedule is structured as a table with at least two columns: (1) categories of servicemen and (2) corresponding fee amounts. For legal work, the Schedule is not optional background—it is the mechanism that determines the actual monetary liability.
4. Gazette and revision history (context)
The extract indicates that the Order is published as G.N. No. S 148/1995 and appears in a revised edition (1996 RevEd). For practitioners, this matters because fee amounts and categories can change over time. The extract also indicates “current version as at 27 Mar 2026”, which suggests that the instrument may have been amended or consolidated since its original commencement. When advising clients or preparing submissions, lawyers should verify the current Schedule values and any amendments reflected in the latest version.
How Is This Legislation Structured?
Based on the extract, the Order is structured in a conventional format for subsidiary legislation:
- Section 1 (Citation): Provides the short title.
- Section 2 (Fees): Contains the operative rule that fees are payable to MINDEF for each half-day (or part thereof) of court attendance by specified servicemen.
- The Schedule: Provides the detailed mapping between servicemen categories and the corresponding fee amounts. The Schedule is referenced directly in Section 2 through “the first column” and “the second column”.
In other words, the legal “engine” is Section 2, but the “numbers” and “who is covered” are in the Schedule. The Schedule is therefore the most practically important part for fee calculation.
Who Does This Legislation Apply To?
The Order applies to “servicemen set out in the first column of the Schedule”. This indicates that coverage is not universal for all military personnel; it is limited to categories expressly listed in the Schedule. Accordingly, the applicability question is primarily a classification exercise: does the serviceman fall within the Schedule’s enumerated categories?
In addition, the Order is directed to the payment of fees to the Ministry of Defence. While the servicemen are the subject of the attendance requirement, the legal entitlement is framed as payable to MINDEF. Practitioners advising on payment claims, internal reimbursement processes, or administrative disputes should therefore focus on both (i) whether the serviceman is within the Schedule and (ii) whether the attendance qualifies as “attendance in court” for the relevant half-day period.
Why Is This Legislation Important?
Although the Order is short in the extract, it is significant because it creates a legally enforceable fee entitlement tied to court attendance. In practice, court attendance by servicemen can be frequent in matters involving military discipline, operational incidents, or cases where servicemen are required to give evidence. A statutory fee framework helps ensure consistency and reduces reliance on informal arrangements.
From an enforcement and compliance perspective, the key practical impacts are:
- Timekeeping and documentation: Because the fee is based on “each half-day’s attendance” and includes “or part thereof”, accurate recording of attendance time becomes legally relevant. Disputes may arise if attendance duration is not properly documented or if the “part thereof” threshold is contested.
- Category-based eligibility: Since only servicemen listed in the Schedule are covered, incorrect classification can lead to underpayment or overpayment, and may trigger administrative corrections.
- Budgeting and administrative planning: MINDEF can plan costs associated with court attendance knowing that the fee regime is fixed by the Schedule rather than negotiated case-by-case.
For lawyers, the Order may matter in contexts such as: advising on claims for fees related to court attendance; reviewing whether a particular serviceman’s attendance is within the statutory fee scheme; or assessing whether a fee calculation aligns with the Schedule and the “half-day (or part thereof)” rule. Even where the Order is administered internally, its statutory basis means that it can be relevant in formal disputes, audits, or judicial review-type challenges to administrative decisions.
Related Legislation
- Fees Act (Chapter 106), Section 2 — the authorising Act under which this Order is made.
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.