Status of Writ of Seizure and Sale (WSS) Proceedings Currently on Hold
Ministry of LawSpeakers
Summary
This question concerns the status of Writ of Seizure and Sale (WSS) proceedings for non-commercial cases, as raised by Mr Mohd Fahmi Aliman. Minister for Law K Shanmugam explained that while the seizure of movable properties from the circuit breaker period is complete, the physical auction stage remains on hold. These auctions are conducted at the site of seizure to minimize costs and damage but involve groups larger than five people, violating current Control Order Regulations. Minister for Law K Shanmugam noted that these activities at residential premises will resume once safe distancing measures and health protocols can be fully met. The courts are monitoring the situation to ensure that enforcement actions resume only when they comply with the COVID-19 (Temporary Measures) (Control Order) Regulations 2020.
Transcript
10 Mr Mohd Fahmi Aliman asked the Minister for Law with regard to Writ of Seizure and Sale (WSS) proceedings for non-commercial cases that are currently on hold (a) what are the concerns that are holding back the WSS proceedings that have been paused at different stages; (b) what is the expected date of resumption for these WSS proceedings; and (c) what arrangements are in place to handle the backlog of cases accumulated since the circuit breaker period.
Mr K Shanmugam: We understand the question relating to "Writ of Seizure and Sale (WSS)1 proceedings for non-commercial cases" to refer to cases where a WSS is issued for the seizure of movable property on premises used for non-commercial purposes or the premises of a non-commercial entity.
All enforcement actions, including WSS proceedings in non-commercial cases, were put on hold during the circuit breaker period from 7 April to 1 June 20202 in accordance with the COVID-19 (Temporary Measures) (Control Order) Regulations 2020 ("the Control Order Regulations") in force at that time.3
Following the phased exit from the circuit breaker period, and the establishment of the necessary safe distancing and other applicable measures for the safe resumption of enforcement actions, WSS proceedings for non-commercial cases have resumed.
The Supreme Court and State Courts bailiffs have since completed execution of the seizure stage of all WSS proceedings for movable properties in non-commercial cases that accumulated during the circuit breaker period.
The next step in WSS proceedings is the sale of the seized movable properties, which is conducted via physical auctions. These are held at the premises where the movable properties were seized, to avoid incurring extra costs for transport and storage and to reduce the risk of damage.
These physical auctions are conducted by external auctioneers and typically involve more than five people – the auctioneer, the bailiff, potential bidders and the judgment creditors' representative(s). Given the number of individuals involved, physical auctions for seized movable properties located at places of residence have been put on hold, in line with the Control Order Regulations.4
The courts will resume the auctions when such activities can be conducted safely in accordance with the Control Order Regulations.