Case and Legislation Notes: Service Out for Scandalising Contempt: An International Constitutional Jurisdiction?— Li Shengwu v Attorney-General

12 Pages Posted: 24 Dec 2019

See all articles by Marcus Teo

Marcus Teo

National University of Singapore (NUS)

Date Written: December 24, 2019

Abstract

Service out of jurisdiction is generally permitted only in two situations. First, under the High Court's international criminal jurisdiction, criminal process can be served out only if the affected foreign state consents. Second, under its international civil jurisdiction, civil process can be served out only if some statutory provision interpreted in accordance with a doctrine of 'subject-matter jurisdiction' allows it. However, in Li Shengwu v Attorney-General, the Court of Appeal allowed service out of process for scandalising contempt of court, but did not rely, and indeed could not have relied, on either its international criminal or civil jurisdiction to do so. Instead, it could only have allowed such service out by relying on a novel third basis of international jurisdiction, derived from Article 93 of the Constitution—in other words, its international constitutional jurisdiction.

Suggested Citation

Teo, Marcus, Case and Legislation Notes: Service Out for Scandalising Contempt: An International Constitutional Jurisdiction?— Li Shengwu v Attorney-General (December 24, 2019). Singapore Journal of Legal Studies, Sep. 2019, pp 477-488, Available at SSRN: https://ssrn.com/abstract=3508976

Marcus Teo (Contact Author)

National University of Singapore (NUS) ( email )

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