An Orchard Towers Story: Judicial Review in Singapore
The Decline of Orchard Towers
Orchard Towers, once famous for its vibrant nightlife, began to suffer from a tarnished reputation. From 2017 onwards, the area became notorious for public order issues, including street walkers, massage establishments providing illicit services, public drunkenness, and even gang-related fights and riots. One of the most significant events contributing to its decline was a highly publicized murder in 2019.
As the problems worsened, the Singapore Police Force (SPF) took drastic actions. Initially, the SPF increased police patrols, involved Special Operations Command, conducted frequent raids, installed more CCTVs, and reduced the number of public entertainment licenses. However, the police viewed these steps as insufficient in preventing crime and maintaining public order.
In July 2022, the SPF announced that it would not be renewing the remaining public entertainment licenses at Orchard Towers. By November 2022, liquor licenses held by the operators were either revoked or on the verge of being curtailed. The police did not specifically link these public disturbances to any one nightclub, but they concluded that the crimes and disturbances were happening during nightclub operating hours and involved their patrons.
By early 2024, these measures transformed Orchard Towers from a popular nightlife area to what many now describe as a "ghost town." The drastic changes had long-term consequences for the remaining businesses. I acted as the legal representative for one of the nightclub operators who sought to challenge the police’s decision to revoke their licenses through Judicial Review.
What is Judicial Review?
Judicial Review is where one may apply to the High Court to challenge the decision of a regulatory body or of certain administrative bodies after permission is obtained from the High Court.
To apply for Judicial Review, certain criteria must be met:
Exhaustion of Appeal Avenues: Before turning to Judicial Review, all available appeal processes with the regulatory body must be exhausted.
Timeliness: The application must be filed within three months of the decision.
Grounds for Judicial Review: The following grounds form the legal basis:
Procedural Irregularity: Was the decision made following the correct procedures?
Illegality: Did the decision go beyond the authority granted by law?
Irrationality: Was the decision so unreasonable that no reasonable regulatory body would have made it? (Known as Wednesbury unreasonableness).
Proportionality: Was the decision a proportionate response to the issues it sought to address?
Interestingly, the concept of substantive legitimate expectations, where an individual has a reasonable expectation based on prior assurances from a regulatory body, is a ground for Judicial Review in some jurisdictions. However, this principle has not yet been accepted in Singapore.
The Orchard Towers Case: Judicial Review in Action
In the case of Orchard Towers, the nightclub operator I represented argued that the police’s decision to revoke licenses was disproportionate and lacked direct evidence connecting their establishment to the public disturbances. Despite this, the court upheld the decision, emphasizing that Judicial Review does not permit the court to substitute its own judgment for that of the regulatory body. Instead, the court's role is to assess whether the decision was made lawfully.
When sufficient proof of a legal flaw (e.g., procedural irregularity, illegality, irrationality, or disproportionality) is demonstrated, the court may issue a quashing order, which nullifies the decision. However, the court will not make a new decision; it will simply require the regulatory body to reconsider its original decision in line with the legal framework.
The Judicial Review Process in Singapore
Exhaust All Appeal Options: Before Judicial Review can be initiated, it is important for all avenues of appeal to be exhausted.
File Within Three Months: Applications for Judicial Review must be submitted to the High Court within three months of the regulatory body's decision or of the appeal (as the case may be).
Valid Grounds: Axiomatically, the application has to demonstrate valid grounds such as illegality, procedural irregularity, irrationality, or disproportionality.
Court’s Role: The court may find the decision unlawful, in which case it may order the regulatory body to review its decision. But bear in mind, the court will not substitute its decision for that of the original body.
Key Takeaways for Individuals and Businesses
If you believe a decision made by a regulatory body or administrative authority has unlawfully impacted you, Judicial Review offers a pathway to challenge that decision. It ensures that authorities act within their legal boundaries, but the process is not intended to replace the decision itself. Instead, it ensures that the law is upheld. Understandably, the court should not be viewed as a body to act in place of the regulatory or administrative body.
Conclusion: When to Consider Judicial Review
Judicial Review is an essential legal tool for challenging decisions made by regulatory or administrative bodies. However, it’s important to understand that the process focuses on the lawfulness of the decision-making process rather than the substance or merits of the decision. If you feel that a regulatory decision has unlawfully impacted you, seeking advice from an experienced administrative or constitutional lawyer in Singapore can help you determine whether Judicial Review is the appropriate course of action.
If you are dissatisfied with a decision made by a regulatory or administrative body that directly affects you, consider applying for Judicial Review in Singapore. Contact Terence today to explore your options and ensure that your rights are protected. Get expert legal advice on navigating the Judicial Review process.