Tan Hock Chuan v Tan Tiong Hwa: Criminal Revision of Personal Protection Order Application under Women's Charter
In Tan Hock Chuan v Tan Tiong Hwa, the High Court of Singapore, presided over by Chief Justice Yong Pung How, dismissed Tan Hock Chuan's petition for criminal revision on May 29, 2002. The petition challenged orders made in relation to an application for a personal protection order under the Women's Charter. The court held that such proceedings are civil in nature, not criminal, and therefore not subject to criminal revision under the Criminal Procedure Code. The court noted that the proper avenue for review was judicial review under the Rules of Court.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Petition for criminal revision dismissed.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court dismissed Tan Hock Chuan's petition for criminal revision, holding that orders made under the Women's Charter for personal protection are civil, not criminal, in nature.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Hock Chuan | Petitioner | Individual | Petition for criminal revision dismissed | Lost | |
| Tan Tiong Hwa | Respondent | Individual | Preliminary objection upheld | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Paul Poh Kong Kok | Poh & Co |
| Tng Soon Chye | Tng Soon Chye & Co |
4. Facts
- Hock Chuan lodged a complaint against Tiong Hwa for family violence.
- Tiong Hwa applied for a counter-summons against Hock Chuan for family violence.
- The District Judge ordered the summonses to be heard jointly.
- Hock Chuan filed a petition for criminal revision against the District Judge's orders.
- Tiong Hwa raised a preliminary objection to the petition for criminal revision.
5. Formal Citations
- Tan Hock Chuan v Tan Tiong Hwa, Cr Rev 9/2002, [2002] SGHC 117
6. Timeline
| Date | Event |
|---|---|
| Hock Chuan lodged a complaint against Tiong Hwa for family violence. | |
| Case mentioned. | |
| Case mentioned. | |
| Tiong Hwa applied for a counter-summons against Hock Chuan for family violence. | |
| Case mentioned. | |
| Tiong Hwa applied for the second summons to be restored. | |
| District Judge Regina Ow ordered that the summonses be heard together. | |
| Joint hearing of summonses scheduled. | |
| Petition for criminal revision dismissed. |
7. Legal Issues
- Entitlement to Petition for Criminal Revision
- Outcome: The court held that the petitioner was not entitled to take out a petition for criminal revision because the orders arose out of civil proceedings under the Women's Charter.
- Category: Procedural
- Nature of Personal Protection Order Proceedings
- Outcome: The court determined that applications for personal protection orders under the Women's Charter are civil in nature, despite the use of criminal procedure for the originating process.
- Category: Substantive
8. Remedies Sought
- Criminal Revision
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Criminal Revision
- Family Law
- Personal Protection Orders
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| s 266 Criminal Procedure Code (Cap 68) | Singapore |
| s 23 Supreme Court of Judicature Act (Cap 322, 1999 Ed) | Singapore |
| s 65(5) Women's Charter (Cap 353, 1997 Ed) | Singapore |
| s 79 Women's Charter (Cap 353, 1997 Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Criminal Revision
- Personal Protection Order
- Family Violence
- Women's Charter
- Civil Proceedings
- Criminal Proceedings
15.2 Keywords
- Criminal Revision
- Family Violence
- Personal Protection Order
- Women's Charter
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Women’s Charter | 95 |
| Domestic Violence | 90 |
| Criminal Revision | 85 |
| Family Law | 80 |
| Criminal Procedure | 75 |
16. Subjects
- Criminal Procedure
- Family Law