14.9 Appeals Proceedings
14.9.1 Notice of Appeal and Reply(1) The following procedures apply:—(a) The Appellant must give a Notice of Appeal (setting out the full grounds of appeal) to the Respondent and the Secretary of the Appeals Committee within 14 days of receipt of the Disciplinary Committee's written decision under Rule 14.6.7(3).(b) The Respondent may Respond. It must be given to the Appellant and the Secretary within 14 days of receipt of the Notice of Appeal.(c) The Appellant may Reply to the Response. It must be given to the Respondent and the Secretary within 14 days of receipt of the Response.(2) Time to comply with the deadlines may be extended by the Chairman of the Appeals Committee or his nominee. A written request for extension must be submitted within the deadline and must set out the grounds. The decision of the Chairman or his nominee is final and binding.(3) The Appeals Committee may hear an appeal and exercise all its powers even if the Respondent does not file a Response or either party is not present at the hearing or any adjourned hearing.
14.9.2 Administrative Fee for Appeal(1) An appellant (other than SGX-ST) must pay an administrative fee of $1,500 when submitting a Notice of Appeal.(2) The administrative fee is not refundable unless:—(a) the appellant tells the Secretary of the Appeals Committee in writing of withdrawal of the appeal at least 7 days before the hearing of the appeal;(b) the appeal is successful; or(c) the Chairman of the Appeals Committee agrees to a refund, whether in full or in part.
14.9.3 Appeals by Rehearing(1) The Appeals Committee will determine the appeal by way of rehearing. It will only rehear that part of the decision of the Disciplinary Committee appealed against.(2) The Appeals Committee may receive evidence that was not presented to the Disciplinary Committee. In exercising its discretion, the Appeals Committee will consider whether the evidence was available at the time of the hearing by the Disciplinary Committee and why it was not introduced at that time.
14.9.4 Legal Representation Before Appeals Committee(1) An appellant and a respondent may be represented by an advocate and solicitor.(2) The Secretary of the Appeals Committee must be informed in writing of the name of the legal representative at least 14 days before the hearing of the appeal.(3) The Appeals Committee may seek the advice of an advocate and solicitor.
14.9.5 Evidence(1) The parties to an appeal may examine, and take copies of, the evidence which each of them intends to rely on at the hearing.(2) The undertaking given under Rule 14.6.4(2) applies.
14.9.6 Witnesses, Examination and Cross Examination(1) The parties to an appeal may:—(a) examine and cross-examine witnesses; and(b) request the attendance of a witness.(2) The Appeals Committee may, in its absolute discretion:—(a) call for the attendance of any witness; and(b) allow or disallow a request for the attendance of a witness.(3) The Appeals Committee cannot compel the attendance of a witness.
14.9.7 Appeals Committee's Deliberation
Unless expressly permitted by the Chairman of the Appeals Committee, the parties to an appeal must not be present during the deliberation of an appeal by the Appeals Committee. Failure to observe this Rule does not vitiate the decision.
14.9.8 Decision of Appeals Committee(1) The parties to an appeal may be present when the Appeals Committee announces its decision.(2) The Appeals Committee will record short written grounds of decision.(3) The Appeals Committee will give its written decision to all parties to an appeal.