SINGAPORE: There are safeguards in place to protect against the abuse of court processes and these have been strengthened by recent legislative amendments passed by parliament, said the Ministry of Law (MinLaw) on Thursday (Nov 21).
It was responding to media queries about a case involving a National University of Singapore (NUS) academic and anti-vaccine group founder Iris Koh and her husband Raymond Ng.
Making it clear that it was unable to comment on the case “as it appears to relate to potential or ongoing legal proceedings”, MinLaw said that the amendments to the Administration of Justice (Protection) Act (AOJPA) would, among other things, “expressly clarify that an abuse of the court’s processes would amount to a contempt of court”.
This encompasses claims that are unmeritorious and filed simply to vex and oppress the defendant to extort a settlement.
Amendments were passed on Nov 13 to tackle “lawfare” by those who abuse court processes by filing baseless claims with ulterior motives.
This includes starting legal claims seeking financial damages, despite knowing that they have no merit, in order to oppress the defendants.
During the debate on the amendments, Minister of State for Law Murali Pillai said a trend of such cases has been observed in Singapore and other countries, adding that the impact of egregious abuse of process can be very serious, and can erode trust in the justice system over time.
As such, he told parliament that it is necessary to make it clear that such an abuse of court processes would amount to contempt of court.
MinLaw said it recognises that there may be those who seek to abuse the system for collateral purposes.
It added that the courts are equipped with robust powers to address claims that are frivolous or an abuse of process. This includes striking out such claims and restricting a party from filing further claims.
Parties who interfere with or obstruct the administration of justice may also be investigated under AOJPA, said the ministry’s spokesperson. MinLaw said it will monitor developments and assess if further reforms to the law are necessary.
