PART 7 | Jurisdiction of Supreme Court over solicitors, Judicial Service Officers, Legal Service Officers and PD Officers |
82.—(1) The following persons are officers of the Supreme Court:| (a) | a person duly admitted as an advocate and solicitor; | | (b) | a Judicial Service Officer; | | (c) | a Legal Service Officer; [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] | | (d) | a PD Officer. [Act 23 of 2022 wef 01/12/2022] |
| (2) The provisions of any written law which imposes on officers of the Supreme Court any restrictions as to practice as advocates or solicitors do not apply to any advocate and solicitor by virtue only of subsection (1). [Act 33 of 2021 wef 14/01/2022] |
(3) In this Part, “PD Officer” means —| (a) | the Chief Public Defender, a Deputy Chief Public Defender or an Assistant Chief Public Defender appointed under section 3 of the Public Defenders Act 2022; or | | (b) | a public defender appointed under section 3(6) of the Public Defenders Act 2022 who is a public officer and a qualified person. [Act 23 of 2022 wef 01/12/2022] [Act 23 of 2022 wef 01/12/2022] |
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| Disciplinary proceedings against Judicial Service Officers, Legal Service Officers, PD Officers and non-practising solicitors |
| 82A.—(1) This Part, with the exception of this section and sections 82, 90, 91, 91A, 94A, 98 to 102, 104, 105 and 106, does not apply to any Judicial Service Officer, Legal Service Officer or PD Officer or any advocate and solicitor who does not at the time of the misconduct have in force a practising certificate (called in this section a non‑practising solicitor). [20/2009] [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] | (2) All Judicial Service Officers, Legal Service Officers, PD Officers and non-practising solicitors are subject to the control of the Supreme Court and are liable on due cause shown to be punished in accordance with this section. [20/2009] [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] |
(3) Such due cause may be shown by proof that a Judicial Service Officer, a Legal Service Officer, a PD Officer or a non‑practising solicitor, as the case may be —| (a) | has been guilty in Singapore or elsewhere of such misconduct unbefitting a Judicial Service Officer, a Legal Service Officer, a PD Officer or an advocate and solicitor as an officer of the Supreme Court or as a member of an honourable profession; or [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] | | (b) | has been adjudicated bankrupt and has been guilty of any of the acts or omissions mentioned in section 394(5)(a), (b), (c), (d), (e), (f), (h), (i), (k) or (l) of the Insolvency, Restructuring and Dissolution Act 2018. [20/2009; 40/2018] [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] |
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| (4) No application for a Judicial Service Officer, Legal Service Officer, PD Officer or non‑practising solicitor to be punished under this section may be made unless permission has been granted by the Chief Justice for an investigation to be made into the complaint of misconduct against the Judicial Service Officer, Legal Service Officer, PD Officer or non‑practising solicitor concerned. [20/2009] [Act 33 of 2021 wef 14/01/2022] [Act 25 of 2021 wef 01/04/2022] [Act 23 of 2022 wef 01/12/2022] |
| (5) An application for such permission must be made by originating application without notice and must be accompanied by an affidavit setting out the allegations of misconduct against the Judicial Service Officer, Legal Service Officer, PD Officer or non‑practising solicitor. [20/2009] [Act 33 of 2021 wef 14/01/2022] [Act 25 of 2021 wef 01/04/2022] [Act 23 of 2022 wef 01/12/2022] |
| (6) Where the Chief Justice is of the opinion that the applicant has made out a prima facie case for an investigation into the applicant’s complaint, the Chief Justice may grant such permission and appoint a Disciplinary Tribunal under section 90. [Act 25 of 2021 wef 01/04/2022] |
(6A) Despite subsection (6), the Chief Justice may refuse to grant permission for an investigation to be made into a complaint of misconduct against a Judicial Service Officer, Legal Service Officer, PD Officer or non‑practising solicitor if the application for such permission is made after the expiry of the period of —| (a) | 6 years from the date of the alleged misconduct; or | | (b) | where the complaint relates to any fraud alleged to have been committed by the Judicial Service Officer, Legal Service Officer, PD Officer or non‑practising solicitor, 6 years from the earliest date on which the applicant discovered the fraud or could with reasonable diligence have discovered it, if that period expires later than the period referred to in paragraph (a). [20/2009] [Act 33 of 2021 wef 14/01/2022] [Act 25 of 2021 wef 01/04/2022] [Act 23 of 2022 wef 01/12/2022] [Act 23 of 2022 wef 01/12/2022] |
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| (7) The Disciplinary Tribunal must hear and investigate into the complaint and submit its findings of fact and law in the form of a report to the Chief Justice. |
| (8) A copy of the report must be supplied to the Judicial Service Officer, Legal Service Officer, PD Officer or non‑practising solicitor concerned, and to the Attorney‑General if the report relates to a Judicial Service Officer or Legal Service Officer. [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] |
| (9) Where the Disciplinary Tribunal finds that no cause of sufficient gravity for disciplinary action exists under this section against the Judicial Service Officer, Legal Service Officer, PD Officer or non‑practising solicitor concerned, the Chief Justice is to dismiss the complaint. [20/2009] [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] |
| (10) Where the Disciplinary Tribunal finds that cause of sufficient gravity for disciplinary action exists under this section against the person concerned (being a Judicial Service Officer, Legal Service Officer, PD Officer or non‑practising solicitor), the Chief Justice may appoint an advocate and solicitor, a Judicial Service Officer, a Legal Service Officer or a PD Officer to apply by summons in the same proceedings for an order that the person concerned be struck off the roll, prohibited from applying for a practising certificate, censured or otherwise punished. [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] |
| (11) Section 98 applies, with the necessary modifications, to any application under subsection (10). |
(12) On completion of the hearing of the application under subsection (10), the court may —| (a) | censure the Judicial Service Officer, Legal Service Officer, PD Officer or non-practising solicitor; [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] | | (b) | prohibit him or her from applying for a practising certificate for such period not exceeding 5 years as it may specify; | | (c) | order that his or her name be struck off the roll; | | (d) | order him or her to pay a penalty of not more than $20,000; or | | (e) | make any other order as it thinks fit. [20/2009] |
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| (13) The costs of and incidental to any proceedings under this section are in the discretion of the Disciplinary Tribunal, Judge or court hearing those proceedings. |
| (13A) A Disciplinary Tribunal may, in making any order on costs under subsection (13), specify the amount of those costs or direct that the amount be assessed by the Registrar. [Act 25 of 2021 wef 01/04/2022] |
| (14) Subject to this section, the Rules Committee may make rules for regulating and prescribing the procedure and practice to be followed in connection with proceedings under this section and in the absence of any rule dealing with any point of procedure or practice, the Rules of Court may be followed as nearly as the circumstances permit. [22/2018] |
| (15) To avoid doubt, nothing in this section prevents any Judicial Service Officer or Legal Service Officer from being subject to disciplinary action by the Judicial Service Commission or the Legal Service Commission (as the case may be) for any act or omission which constitutes a disciplinary offence under this section. [20/2009] [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] |
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| Disciplinary proceedings against regulated non-practitioners |
82B.—(1) Every regulated non-practitioner is subject to the control of the Supreme Court and shall be liable on due cause shown —| (a) | to divest himself or herself of any shares or equity interests he or she may have in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice within such time as the Director of Legal Services may specify; | | (b) | to pay a penalty of not more than $100,000; | | (c) | to be censured; or | | (d) | to suffer the punishment referred to in paragraph (b) in addition to the punishment referred to in paragraph (a) or (c). [40/2014] |
(2) Such due cause may be shown by proof that the regulated non‑practitioner —| (a) | has been convicted of a criminal offence, implying a defect of character which makes him or her unfit to be a regulated non‑practitioner; | | (b) | has been guilty of any of the following:| (i) | fraudulent or grossly improper conduct —| (A) | in the discharge of his or her duty as a director or partner in any Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice; or | | (B) | as a shareholder in, or an individual who shares in the profits of, any Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice; |
| | (ii) | such a breach of any of the following as amounts to improper conduct as a director, partner or shareholder in, or as an individual who shares in the profits of, any Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice:| (A) | any usage or rule of conduct made by the Professional Conduct Council under section 71; | | (B) | Part 5A or any rules made under section 70H; | | (C) | any rules made under section 36M(2)(r); |
| | (iii) | in the case of a regulated non-practitioner who is a director, partner or shareholder in, or who shares in the profits of, any Singapore law practice, any misconduct which would have been unbefitting an advocate and solicitor as an officer of the Supreme Court or as a member of an honourable profession, if an advocate and solicitor had been guilty of that misconduct; | | (iv) | in the case of a regulated non-practitioner who is a director, partner or shareholder in, or who shares in the profits of, any Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice, any misconduct which would have been unbefitting a regulated foreign lawyer as a member of an honourable profession, if a regulated foreign lawyer had been guilty of that misconduct; |
| | (c) | has been adjudicated bankrupt and has been guilty of any of the acts or omissions mentioned in section 394(5)(a), (b), (c), (d), (e), (f), (h), (i), (k) or (l) of the Insolvency, Restructuring and Dissolution Act 2018; | | (d) | carries on by himself, herself or any person in his or her employment any trade, business or calling that detracts from the profession of law or is in any way incompatible with it, or is employed in any such trade, business or calling; or | | (e) | has contravened any of the provisions of this Act in relation thereto if such contravention warrants disciplinary action. [40/2014; 40/2018] |
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(3) Sections 85 to 99 and 103 to 106 apply, with the necessary modifications, to a regulated non‑practitioner who is a director, partner or shareholder in, or who shares in the profits of, any Singapore law practice, as they apply to an advocate and solicitor, and for the purposes of such application —| (a) | any reference to section 83 is to be read as a reference to this section; and | | (b) | any reference to an order that an advocate and solicitor be struck off the roll of advocates and solicitors or suspended from practice for a period not exceeding 5 years is to be read as a reference to an order that the regulated non‑practitioner divest himself or herself of any shares or equity interests he or she may have in the Singapore law practice within such time as the Director of Legal Services may specify. [40/2014] [Act 37 of 2023 wef 17/07/2024] |
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(4) Sections 85 to 99 and 103 to 106 apply, with the necessary modifications, to a regulated non‑practitioner who is a director, partner or shareholder in, or who shares in the profits of, any Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice, as they apply to a regulated foreign lawyer, and for the purposes of such application —| (a) | any reference to section 83A is to be read as a reference to this section; and | | (b) | any reference to an order that a regulated foreign lawyer have his or her registration under section 36B, 36C or 36D cancelled or suspended, or have the approval given to him or her under section 176(1) cancelled or suspended (as the case may be) is to be read as a reference to an order that the regulated non‑practitioner divest himself or herself of any shares or equity interests he or she may have in the Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice within such time as the Director of Legal Services may specify. [40/2014] |
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| (5) In any proceedings instituted under this section against a regulated non‑practitioner, the court may in addition to the facts of the case take into account his or her past conduct in order to determine what order should be made. [40/2014] |
| (6) In any proceedings instituted under this section against a regulated non‑practitioner consequent upon his or her conviction for a criminal offence, an Inquiry Committee, a Disciplinary Tribunal and a court of 3 Supreme Court Judges mentioned in section 98 are to accept the conviction as final and conclusive. [40/2014; 40/2019] |
(7) Where a court of 3 Supreme Court Judges mentioned in section 98 orders a regulated non‑practitioner to divest himself or herself of any shares or equity interests he or she may have in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice within such time as the Director of Legal Services may specify, the Director of Legal Services —| (a) | must enforce that order; and | | (b) | may give the regulated non-practitioner such further directions as the Director of Legal Services thinks proper for the purpose of giving effect to that order. [40/2014; 40/2019] |
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| Power to strike off roll of advocates and solicitors, etc. |
83.—(1) All advocates and solicitors are subject to the control of the Supreme Court and shall be liable on due cause shown —| (a) | to be struck off the roll of advocates and solicitors; [Act 37 of 2023 wef 17/07/2024] | | (b) | to be suspended from practice for a period not exceeding 5 years; | | (c) | to pay a penalty of not more than $100,000; | | (d) | to be censured; or | | (e) | to suffer the punishment referred to in paragraph (c) in addition to the punishment referred to in paragraph (b) or (d). |
(2) Subject to subsection (7), such due cause may be shown by proof that an advocate and solicitor —| (a) | has been convicted of a criminal offence, implying a defect of character which makes him or her unfit for his or her profession; | | (b) | has been guilty of fraudulent or grossly improper conduct in the discharge of his or her professional duty or guilty of such a breach of any of the following as amounts to improper conduct or practice as an advocate and solicitor:| (i) | any usage or rule of conduct made by the Professional Conduct Council under section 71 or by the Council under the provisions of this Act; | | (ii) | Part 5A or any rules made under section 70H; | | (iii) | any rules made under section 36M(2)(r); |
| | (c) | has been adjudicated bankrupt and has been guilty of any of the acts or omissions mentioned in section 394(5)(a), (b), (c), (d), (e), (f), (h), (i), (k) or (l) of the Insolvency, Restructuring and Dissolution Act 2018; | | (d) | has tendered or given or consented to retention, out of any fee payable to him or her for his or her services, of any gratification for having procured the employment in any legal business of himself or herself, of any other advocate and solicitor or, in relation only to the practice of Singapore law, of any foreign lawyer registered under section 36B; | | (e) | has, directly or indirectly, procured or attempted to procure the employment of himself or herself, of any advocate and solicitor or, in relation only to the practice of Singapore law, of any foreign lawyer registered under section 36B through or by the instruction of any person to whom any remuneration for obtaining such employment has been given by him or her or agreed or promised to be so given; | | (f) | has accepted employment in any legal business through a person who has been proclaimed a tout under any written law relating thereto; | | (g) | [Deleted by Act 8 of 2011] | | (h) | has been guilty of such misconduct unbefitting an advocate and solicitor as an officer of the Supreme Court or as a member of an honourable profession; | | (i) | carries on by himself or herself, or any person in his or her employment, any trade, business or calling that detracts from the profession of law or is in any way incompatible with it, or is employed in any such trade, business or calling; | | (j) | has contravened any of the provisions of this Act in relation thereto if such contravention warrants disciplinary action; or | | (k) | has been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in his or her capacity as a legal practitioner by whatever name called in any other jurisdiction. [8/2011; 3/2012; 40/2014; 16/2016; 40/2018] |
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(2A) Every person admitted under section 15 is, with the necessary modifications, subject to the same jurisdiction as can be exercised over advocates and solicitors under this Part, except that —| (a) | in lieu of any order that he or she be struck off the roll of advocates and solicitors, either or both of the following orders may be made:| (i) | an order terminating his or her privilege to practise as an advocate and solicitor for the purpose of each case for which he or she is admitted under section 15; | | (ii) | an order prohibiting him or her from applying to be admitted under section 15, either indefinitely or until after a date specified in the order; [Act 37 of 2023 wef 17/07/2024] |
| | (b) | in lieu of any order that he or she be suspended, an order may be made suspending his or her privilege to practise as an advocate and solicitor for the purpose of each case for which he or she is admitted under section 15, either indefinitely or until after a date specified in the order; | | (c) | any reference to a punishment referred to in section 83(1)(b) or 98(1)(a)(ii) is to be construed as a reference to a suspension of the privilege to practise as an advocate and solicitor mentioned in paragraph (b); and | | (d) | the court of 3 Judges may also direct the Registrar to inform either or both of the following of the decision of the court of 3 Judges:| (i) | the foreign authority having the function conferred by law of authorising or registering persons to practise law in the state or territory in which the person admitted under section 15 is duly authorised or registered to practise law; | | (ii) | any relevant professional disciplinary body of the state or territory in which the person admitted under section 15 is duly authorised or registered to practise law. [40/2014] |
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| (3) Every practice trainee, and every qualified person in respect of whom an application under section 32(3) has been granted, is, with the necessary modifications, subject to the same jurisdiction as can be exercised over advocates and solicitors under this Part, except that in lieu of any order that he or she be struck off the roll or suspended, an order may be made prohibiting him or her from applying to the court for admission as an advocate and solicitor until after a date specified in the order. [20/2009; 8/2011] |
| (4) The jurisdiction given by subsection (3) is to be exercised by a single Judge. |
| (5) In any proceedings under this Part, the court may in addition to the facts of the case take into account the past conduct of the person concerned in order to determine what order should be made. |
| (6) In any proceedings instituted under this Part against an advocate and solicitor consequent upon his or her conviction for a criminal offence, an Inquiry Committee, a Disciplinary Tribunal and a court of 3 Supreme Court Judges mentioned in section 98 are to accept the conviction as final and conclusive. [40/2019] |
| (7) The Minister may make rules for the exemption from subsection (2)(d) or (e) of any advocate and solicitor who satisfies such requirements, and does an act referred to in subsection (2)(d) or (e) in such circumstances, as may be prescribed in those rules. [16/2016] [Act 37 of 2023 wef 17/07/2024] |
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| Power to discipline regulated foreign lawyers |
83A.—(1) Every regulated foreign lawyer is subject to the control of the Supreme Court and shall be liable on due cause shown —| (a) | to have his or her registration under section 36B, 36C or 36D cancelled or suspended (for such period as the court may think fit), to have his or her registration under section 36P (if any) cancelled or suspended (for such period as the court may think fit), or to have the approval given to him or her under section 176(1) cancelled or suspended (for such period, not exceeding 5 years, as the court may think fit), as the case may be; | | (b) | to pay a penalty of not more than $100,000; | | (c) | to be censured; or | | (d) | to suffer the punishment referred to in paragraph (b) in addition to the punishment referred to in paragraph (a) or (c). [40/2014] |
(2) Subject to subsection (7), such due cause may be shown by proof that the regulated foreign lawyer —| (a) | has been convicted of a criminal offence, implying a defect of character which makes him or her unfit for his or her profession; | | (b) | has been guilty of fraudulent or grossly improper conduct in the discharge of his or her professional duty or guilty of such a breach of any of the following as amounts to improper conduct or practice as a regulated foreign lawyer:| (i) | any usage or rule of conduct made by the Professional Conduct Council under section 71; | | (ii) | Part 5A or any rules made under section 70H; | | (iii) | any rules made under section 36M(2)(r); |
| | (c) | has been adjudicated bankrupt and has been guilty of any of the acts or omissions mentioned in section 394(5)(a), (b), (c), (d), (e), (f), (h), (i), (k) or (l) of the Insolvency, Restructuring and Dissolution Act 2018; | | (d) | has tendered or given or consented to retention, out of any fee payable to him or her for his or her services, of any gratification for having procured the employment in any legal business of himself or herself, of any advocate and solicitor or, in relation only to the practice of Singapore law, of any foreign lawyer registered under section 36B; | | (e) | has, directly or indirectly, procured or attempted to procure the employment of himself or herself, of any advocate and solicitor or, in relation only to the practice of Singapore law, of any foreign lawyer registered under section 36B through or by the instruction of any person to whom any remuneration for obtaining such employment has been given by him or her or agreed or promised to be so given; | | (f) | has accepted employment in any legal business through a person who has been proclaimed a tout under any written law relating thereto; | | (g) | has been guilty of such misconduct unbefitting a regulated foreign lawyer as a member of an honourable profession; | | (h) | carries on by himself or herself, or by any person in his or her employment, any trade, business or calling that detracts from the profession of law or is in any way incompatible with it, or is employed in any such trade, business or calling; | | (i) | has contravened any of the provisions of this Act in relation thereto if such contravention warrants disciplinary action; or | | (j) | has been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in his or her capacity as a legal practitioner by whatever name called in any other jurisdiction. [40/2014; 16/2016; 40/2018] |
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| (3) In any proceedings instituted under this Part against a regulated foreign lawyer, the court may in addition to the facts of the case take into account his or her past conduct in order to determine what order should be made. [40/2014] |
| (4) In any proceedings instituted under this Part against a regulated foreign lawyer consequent upon his or her conviction for a criminal offence, an Inquiry Committee, a Disciplinary Tribunal and a court of 3 Supreme Court Judges mentioned in section 98 are to accept the conviction as final and conclusive. [40/2014; 40/2019] |
| (5) Subject to subsection (6), sections 36S, 36T and 36U do not apply to a regulated foreign lawyer who is registered under section 36P. [40/2014] |
(6) Where any complaint of the conduct of a foreign lawyer who is registered under section 36P is made in accordance with section 36S(2) before the foreign lawyer becomes a regulated foreign lawyer, then —| (a) | sections 36S, 36T and 36U continue to apply to the foreign lawyer in respect of that complaint; | | (b) | this Part does not apply to the foreign lawyer in respect of that complaint; and | | (c) | unless that complaint is withdrawn or deemed to be withdrawn, this Part does not apply to the foreign lawyer in respect of any other complaint relating to the same subject matter as that complaint. [40/2014] |
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| (7) The Minister may make rules for the exemption from subsection (2)(d) or (e) of any regulated foreign lawyer who satisfies such requirements, and does an act referred to in subsection (2)(d) or (e) in such circumstances, as may be prescribed in those rules. [16/2016] |
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| Appointment of Inquiry Panel |
| 84.—(1) For the purpose of enabling Inquiry Committees to be constituted in accordance with this Part, the Chief Justice is to appoint a panel (called hereinafter the Inquiry Panel) consisting of such number of advocates and solicitors (whether in practice or not), regulated foreign lawyers and lay persons as the Chief Justice may determine. [40/2014] | (2) An advocate and solicitor or a regulated foreign lawyer is eligible to be appointed as a member of the Inquiry Panel if he or she has not less than 7 years’ standing. [40/2014] |
| (3) A member of the Inquiry Panel is appointed for a term of 2 years and is eligible for re‑appointment. |
| (4) The Chief Justice may at any time remove from office any member of the Inquiry Panel or fill any vacancy in its membership. |
| (5) The Chief Justice is to appoint, from among the members of the Inquiry Panel who are advocates and solicitors of not less than 12 years’ standing, the Chairperson and the Deputy Chairperson of the Inquiry Panel. |
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| Complaints against regulated legal practitioners |
85.—(1) Any complaint of the conduct of a regulated legal practitioner —| (a) | must be made to the Society in writing; | | (b) | must include a statement by the complainant —| (i) | as to whether, to the complainant’s knowledge, any other complaint has been made to the Society against the regulated legal practitioner, by the complainant or by any other person, which arises from the same facts as the complainant’s complaint; and | | (ii) | if so, setting out such particulars of each such complaint as the Council may require and the complainant is able to provide; and |
| | (c) | must be supported by such statutory declaration as the Council may require, except that no statutory declaration is required if the complaint is made by any public officer or any officer of the Institute. [3/2012; 40/2014] |
| (1A) Subject to subsection (4A), the Council must refer every complaint which satisfies the requirements of subsection (1) to the Chairperson of the Inquiry Panel. |
| (2) The Council may on its own motion refer any information touching upon the conduct of a regulated legal practitioner to the Chairperson of the Inquiry Panel. [40/2014] |
(3) Any judicial office holder specified in subsection (3A), the Attorney‑General, the Director of Legal Services or the Institute may at any time refer to the Society any information touching upon the conduct of a regulated legal practitioner, and the Council must —| (a) | refer the matter to the Chairperson of the Inquiry Panel; or | | (b) | if that judicial office holder, the Attorney‑General, the Director of Legal Services or the Institute (as the case may be) requests that the matter be referred to a Disciplinary Tribunal, apply to the Chief Justice to appoint a Disciplinary Tribunal. [16/2016] |
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(3A) For the purposes of subsection (3), the judicial office holders are —| (a) | any Supreme Court Judge; | | (b) | any Judicial Commissioner; | | (c) | any Senior Judge; | | (d) | any International Judge; | | (e) | the Presiding Judge of the Family Justice Courts; and | | (f) | the Presiding Judge of the State Courts. [16/2016; 40/2019] |
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| (3B) [Deleted by Act 40 of 2014] |
(4) Despite subsections (1A), (2) and (3), where 2 or more complaints or information touching upon the conduct of a regulated legal practitioner (including any such complaint or information which had been referred to a Disciplinary Tribunal under section 89) have been received by the Council, the Council may do either or both of the following:| (a) | apply to the Chief Justice to refer to the Chairperson of the Inquiry Panel one or more of the complaints or information which in the Council’s opinion are more serious in nature first and defer the referral of the remaining complaints or information; | | (b) | apply to the Chairperson of the Inquiry Panel for 2 or more of the complaints or information to be dealt with by —| (i) | the same Review Committee; or | | (ii) | the same Inquiry Committee. [3/2012; 40/2014] |
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(4A) Subject to subsection (4C), the Council must not refer a complaint of the conduct of a regulated legal practitioner to the Chairperson of the Inquiry Panel under subsection (1A) if the complaint is first made to the Society after the expiry of the period of —| (a) | 6 years from the date of the conduct; or | | (b) | where the complaint relates to any fraud alleged to have been committed by the regulated legal practitioner, 6 years from the earliest date on which the complainant discovered the fraud or could with reasonable diligence have discovered it, if that period expires later than the period referred to in paragraph (a). [40/2014] |
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(4B) Subject to subsection (4C), the Council must not refer any information touching upon the conduct of a regulated legal practitioner to the Chairperson of the Inquiry Panel under subsection (2) after the expiry of the period of —| (a) | 6 years from the date of the conduct; or | | (b) | where the information relates to any fraud alleged to have been committed by the regulated legal practitioner, 6 years from the earliest date on which the Council discovered the fraud or could with reasonable diligence have discovered it, if that period expires later than the period referred to in paragraph (a). [40/2014] |
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(4C) The Council may, with the permission of the court —| (a) | refer a complaint of the conduct of a regulated legal practitioner to the Chairperson of the Inquiry Panel under subsection (1A) after the expiry of the period mentioned in subsection (4A); or | | (b) | refer any information touching upon the conduct of a regulated legal practitioner to the Chairperson of the Inquiry Panel under subsection (2) after the expiry of the period mentioned in subsection (4B). [40/2014] [Act 25 of 2021 wef 01/04/2022] |
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(4D) An application for the permission of the court under subsection (4C) must be —| (a) | made by the Council by originating application; and [Act 25 of 2021 wef 01/04/2022] | | (b) | accompanied by an affidavit —| (i) | setting out —| (A) | every document constituting the complaint of the conduct of the regulated legal practitioner concerned, including every statutory declaration in support of the complaint, if any; or | | (B) | the facts constituting the information touching upon the conduct of the regulated legal practitioner concerned, |
| | (ii) | explaining why the complaint was not made to the Society before the expiry of the period mentioned in subsection (4A), or why the information was not referred to the Chairperson of the Inquiry Panel before the expiry the period mentioned in subsection (4B), as the case may be; and | | (iii) | explaining why the complaint or information (as the case may be) should be referred to the Chairperson of the Inquiry Panel, despite the expiry of the period mentioned in subsection (4A) or (4B), as the case may be. [40/2014] [Act 25 of 2021 wef 01/04/2022] |
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| (4E) The application and affidavit mentioned in subsection (4D) must be served on the regulated legal practitioner concerned. [40/2014] |
| (5) Where any complaint or information touching upon the conduct of a regulated legal practitioner is referred to the Chairperson of the Inquiry Panel, the Council must inform the regulated legal practitioner concerned that it has done so and must furnish him or her a copy of the complaint or information. [40/2014] |
(6) Where any complaint or information touching upon the conduct of a regulated legal practitioner is referred to the Chairperson of the Inquiry Panel under subsection (1A), (2) or (3), the Chairperson or Deputy Chairperson of the Inquiry Panel must, within 2 weeks, constitute a Review Committee consisting of —| (a) | a chairperson, being the Chairperson or Deputy Chairperson himself or herself or a member of the Inquiry Panel who is an advocate and solicitor of not less than 12 years’ standing; and | | (b) | such of the following as may be applicable:| (i) | a person who has not less than 10 years’ experience as a Judicial Service Officer or Legal Service Officer (or both), if the regulated legal practitioner is an advocate and solicitor; [Act 33 of 2021 wef 14/01/2022] | | (ii) | a member of the Inquiry Panel who is a regulated foreign lawyer of not less than 10 years’ standing, if the regulated legal practitioner is a regulated foreign lawyer, |
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| to review the complaint or information, and the review by the Review Committee must start within 2 weeks of its constitution. |
[20/2009; 40/2014] |
| (7) A Review Committee may, in the course of a review under subsection (6), require the complainant or the regulated legal practitioner concerned to answer any inquiry or to furnish any record that the Review Committee considers relevant for the purpose of the review. [40/2014] |
(8) A Review Committee must complete its review under subsection (6) within 4 weeks of its constitution, and —| (a) | direct the Council to dismiss the matter if it is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance and give the reasons for the dismissal; or | | (b) | in any other case, refer the matter back to the Chairperson of the Inquiry Panel. |
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| (8A) The Chairperson or Deputy Chairperson of the Inquiry Panel may, on the written application of a Review Committee, grant to the Review Committee an extension of the period specified in subsection (8) if he or she is satisfied that the circumstances of the case justify the grant of the extension, except that any extension granted must not extend beyond a period of 6 weeks from the date of the constitution of the Review Committee. |
(9) The Council must, within 7 days of receiving any direction under subsection (8)(a) —| (a) | give effect to the direction to dismiss the matter; and | | (b) | inform the complainant and the regulated legal practitioner concerned of the dismissal of the matter and furnish the complainant with the reasons of the Review Committee in writing. [40/2014] |
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(10) Where any complaint or information touching upon the conduct of a regulated legal practitioner is referred back to the Chairperson of the Inquiry Panel under subsection (8)(b), the Chairperson or Deputy Chairperson of the Inquiry Panel must, within 3 weeks, constitute an Inquiry Committee consisting of —| (a) | a chairperson, being a member of the Inquiry Panel who is an advocate and solicitor of not less than 12 years’ standing; | | (b) | a member of the Inquiry Panel who is —| (i) | an advocate and solicitor, if the regulated legal practitioner is an advocate and solicitor; or | | (ii) | a regulated foreign lawyer, if the regulated legal practitioner is a regulated foreign lawyer; |
| | (c) | a member of the Inquiry Panel who is a lay person; and | | (d) | a person who has not less than 10 years’ experience as a Judicial Service Officer or Legal Service Officer (or both), |
| to inquire into the complaint or information. |
[20/2009; 40/2014] [Act 33 of 2021 wef 14/01/2022] |
| (11) A member of a Review Committee who has reviewed any matter concerning any regulated legal practitioner is not thereby disqualified from acting as a member of an Inquiry Committee inquiring into the same matter. [40/2014] |
| (12) An Inquiry Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as the members may think fit. |
| (13) The chairperson of an Inquiry Committee may at any time summon a meeting of the Inquiry Committee. |
| (14) Any questions arising at any meeting of an Inquiry Committee are to be determined by a majority of votes of the members of the Committee, and in the case of an equality of votes, the chairperson of the Inquiry Committee has a second or casting vote. |
| (15) All the members of an Inquiry Committee must be present to constitute a quorum for a meeting of the Inquiry Committee. |
| (16) Any resolution or decision in writing signed by all the members of an Inquiry Committee is as valid and effectual as if it had been made or reached at a meeting of the Inquiry Committee where all its members were present. |
| (17) Any person who makes a complaint to the Society under this Part must furnish to the Chairperson or Deputy Chairperson of the Inquiry Panel, or the chairperson of a Review Committee or of an Inquiry Committee, such statutory declarations or affidavits in support of the complaint as that Chairperson, Deputy Chairperson or chairperson may require within such time as that Chairperson, Deputy Chairperson or chairperson may specify. |
(17A) Where a complaint is made to the Society under this Part, and the whole or any part of the complaint or any document furnished in support of the complaint is in a language other than English —| (a) | the complainant must furnish to the Society an English translation of that whole or part of the complaint or document which is verified by the affidavit of a person qualified to translate it; or | | (b) | if the complainant fails to do so, the Society —| (i) | may arrange for the translation into English of that whole or part of the complaint or document; and | | (ii) | is entitled to recover from the complainant all reasonable costs of the translation as if they were a debt due to the Society. |
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(17B) Where any voice recording is tendered in support of a complaint made to the Society under this Part —| (a) | the complainant must furnish to the Society —| (i) | a transcript of the recording, the transcript to be verified by the affidavit of the person who transcribed the recording; and | | (ii) | if the transcript is in a language other than English, an English translation of the transcript which is verified by the affidavit of a person qualified to translate it; or |
| | (b) | if the complainant fails to do so, the Society —| (i) | may arrange for the transcription of the recording and, if the transcript of the recording is in a language other than English, the translation into English of the transcript of the recording; and | | (ii) | is entitled to recover from the complainant all reasonable costs of the transcription and translation as if they were a debt due to the Society. |
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| (18) An Inquiry Committee may require any person making a complaint to the Society under this Part to deposit with the Society a reasonable sum not exceeding $1,000 to cover costs. |
(19) Where the complaint is found to be frivolous or vexatious —| (a) | the Inquiry Committee may, after hearing the complainant (if the complainant desires to be heard) —| (i) | order the complainant to pay to any person all or any costs reasonably incurred by that person in the proceedings before the Inquiry Committee; and | | (ii) | in the order, specify the amount of those costs or direct that the amount be assessed by the Registrar; [Act 25 of 2021 wef 01/04/2022] |
| | (b) | any sum deposited under subsection (18) must be applied for the payment of those costs, and any balance of that sum must be returned to the complainant; and | | (c) | if no sum has been deposited under subsection (18), or if any sum deposited under subsection (18) is insufficient to cover those costs, the person awarded those costs may sue for and recover the costs which remain unpaid as if they were a debt due to the person. |
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(19A) Where —| (a) | an Inquiry Committee has made any order under subsection (19)(a); and | | (b) | the complainant is dissatisfied with that order, |
| the complainant may, within 14 days of being notified of that order, apply to a Judge for a review of that order. |
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(19B) An application under subsection (19A) must be —| (a) | made by originating application; and [Act 25 of 2021 wef 01/04/2022] | | (b) | served on the Society and on every person against whom any relief is sought. |
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(19C) At the hearing of an application under subsection (19A), the Judge may —| (a) | affirm, vary or set aside the order of the Inquiry Committee; and | | (b) | make such order for the payment of costs as may be just. |
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| (20) A member of an Inquiry Committee is, even though he or she has ceased to be a member of the Inquiry Panel on the expiry of his or her term of office, deemed to be a member of the Inquiry Panel until such time as the Council has decided that the Inquiry Committee of which he or she is a member has completed its work. |
| (21) Any person who makes a complaint to the Society under this Part which he or she knows to be false in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. |
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86.—(1) Subject to subsections (2), (3) and (4), an Inquiry Committee must, within 2 weeks of its appointment, commence its inquiry into any complaint or information touching upon the conduct of a regulated legal practitioner and report its findings to the Council —| (a) | in any case where the members of the Inquiry Committee have decided not to call upon the regulated legal practitioner concerned to offer any explanation or to answer the allegations made against him or her, not later than 2 months after the date of its appointment; and | | (b) | in any other case, not later than 2 weeks after the last meeting of the Inquiry Committee or 3 months after the date of its appointment, whichever is the earlier. [40/2014] |
| (2) Where an Inquiry Committee is of the opinion that it will not be able to report its findings to the Council within the period specified in subsection (1)(b) due to the complexity of the matter or serious difficulties encountered by the Inquiry Committee in conducting its inquiry, the Inquiry Committee may apply in writing to the Chairperson of the Inquiry Panel for an extension of the time to report its findings to the Council. |
| (3) The Chairperson or Deputy Chairperson of the Inquiry Panel may grant an extension of time to an Inquiry Committee to report its findings to the Council if he or she is satisfied that the circumstances of the case justify the grant of an extension of time, except that any extension of time granted must not extend beyond the period of 6 months from the date of the appointment of that Inquiry Committee. |
| (4) No application for an extension of time may be made to the Chairperson of the Inquiry Panel under subsection (2) on the expiry of 2 months after the date of the appointment of the Inquiry Committee. |
| (5) Where an Inquiry Committee is satisfied that there are no grounds for disciplinary action under this Part, it must report to the Council accordingly and state the reasons for its decision. |
(6) Where an Inquiry Committee is of the opinion that a regulated legal practitioner should be called upon to answer any allegation made against him or her, the Inquiry Committee must —| (a) | post or deliver to the regulated legal practitioner concerned —| (i) | copies of any complaint or information touching upon his or her conduct and of any statutory declarations or affidavits that have been made in support of the complaint or information; and | | (ii) | a notice inviting him or her to give, within such period (not being less than 14 days) as may be specified in the notice to the Inquiry Committee, any written explanation he or she may wish to offer and to advise the Inquiry Committee if he or she wishes to be heard by the Committee; |
| | (b) | allow the time specified in the notice to elapse; | | (c) | give the regulated legal practitioner concerned reasonable opportunity to be heard if he or she so desires; and | | (d) | give due consideration to any explanation (if any) given by him or her. [40/2014] |
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(7) The report of the Inquiry Committee must, among other things, deal with the question of the necessity or otherwise of a formal investigation by a Disciplinary Tribunal, and the Inquiry Committee must recommend to the Council —| (a) | if the Inquiry Committee is of the view that there should be a formal investigation by a Disciplinary Tribunal, the charge or charges to be preferred against the regulated legal practitioner with respect to the misconduct committed; or | | (b) | if the Inquiry Committee is of the view that no formal investigation by a Disciplinary Tribunal is required —| (i) | that the regulated legal practitioner should be ordered under section 88 to pay a penalty that is sufficient and appropriate to the misconduct committed; | | (ii) | that the regulated legal practitioner should be reprimanded or given a warning; | | (iii) | that the regulated legal practitioner should be ordered to comply with one or more remedial measures; | | (iv) | that the regulated legal practitioner should be subjected to the measure in sub‑paragraph (iii) in addition to the measure in sub‑paragraph (i) or (ii); or | | (v) | that the complaint be dismissed. [40/2014; 22/2018] |
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| (8) Where in the course of its inquiry an Inquiry Committee receives information touching on or evidence of the conduct of the regulated legal practitioner concerned which may give rise to proceedings under this Part, the Inquiry Committee may, after giving notice to him or her, decide on its own motion to inquire into that matter and report its findings to the Council. [40/2014] |
| (9) Where in the course of its inquiry an Inquiry Committee receives information touching on or evidence of the conduct of the regulated legal practitioner concerned which discloses an offence under any written law, the Inquiry Committee must record the information in its report to the Council. [40/2014] |
| (10) Where the complainant withdraws the complaint before the Council has referred the complaint to an Inquiry Committee or before the conclusion of the inquiry by an Inquiry Committee, the Council may, despite the withdrawal, refer the complaint to or direct an Inquiry Committee to continue the inquiry (as the case may be) and the Inquiry Committee must comply with the direction and all future proceedings thereon are to be taken as if the complaint had been made by the Society. |
| (11) Subsections (2) to (6) of section 91 apply, with the necessary modifications, in relation to an Inquiry Committee as they apply in relation to a Disciplinary Tribunal and the references in those subsections to a Disciplinary Tribunal are to be read as references to an Inquiry Committee. |
(12) For the purposes of conducting an inquiry, an Inquiry Committee may —| (a) | appoint any person to make or assist in the making of such preliminary inquiries as the Inquiry Committee thinks necessary; | | (b) | require the production for inspection by the Inquiry Committee, or by any person appointed under paragraph (a), of any books, documents or papers which may relate to or be connected with the subject matter of the inquiry; and | | (c) | require the complainant, the regulated legal practitioner concerned and any other person to give any information which may relate to or be connected with the subject matter of the inquiry (including any information in relation to any books, documents or papers mentioned in paragraph (b)) —| (i) | at an attendance before the Inquiry Committee or any person appointed under paragraph (a); | | (ii) | in writing; or | | (iii) | by way of a statutory declaration or an affidavit. [40/2014] |
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| (13) Any person who, without lawful excuse, refuses or fails to comply with any requirement of an Inquiry Committee under subsection (12)(b) or (c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000. |
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| Council’s consideration of report |
87.—(1) The Council must consider the report of the Inquiry Committee and according to the circumstances of the case shall, within one month of the receipt of the report, determine —| (a) | that a formal investigation is not necessary; | | (b) | that, while no cause of sufficient gravity exists for a formal investigation, the regulated legal practitioner should be —| (i) | ordered under section 88 to pay a penalty that is sufficient and appropriate to the misconduct committed; | | (ii) | reprimanded or given a warning; | | (iii) | ordered to comply with one or more remedial measures; or | | (iv) | subjected to the measure in sub‑paragraph (iii) in addition to the measure in sub‑paragraph (i) or (ii); |
| | (c) | that there should be a formal investigation by a Disciplinary Tribunal; or | | (d) | that the matter be referred back to the Inquiry Committee for reconsideration or a further report. [8/2011; 40/2014; 22/2018] |
(1A) Where the Council has determined under subsection (1)(d) that a matter be referred back to the Inquiry Committee for reconsideration or a further report —| (a) | the Council must notify the Inquiry Committee accordingly; | | (b) | the Inquiry Committee must submit its response or further report to the Council within 4 weeks from the date of the Council’s notification; and | | (c) | subsection (1)(a), (b) and (c) applies, with the necessary modifications, in relation to the response or further report of the Inquiry Committee as it applies in relation to the report of the Inquiry Committee. |
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(2) If the Inquiry Committee in its report, read with any response or further report submitted under subsection (1A)(b), recommends —| (a) | that there should be a formal investigation, then the Council must determine accordingly under subsection (1); or | | (b) | that a formal investigation by a Disciplinary Tribunal is not necessary, the Council may, if it disagrees with the recommendation, request the Chief Justice to appoint a Disciplinary Tribunal. |
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(3) Where the report of the Inquiry Committee, read with any response or further report of the Inquiry Committee submitted under subsection (1A)(b), discloses the commission of —| (a) | any other misconduct by the regulated legal practitioner which has not been referred to or inquired into by the Inquiry Committee, the Council, if it determines that there should be a formal investigation of the misconduct, has power to prefer such charge against the regulated legal practitioner as it thinks fit with respect to that misconduct; or | | (b) | any offence involving fraud or dishonesty by the regulated legal practitioner, the Council must immediately refer the matter to the police for investigation. [40/2014] |
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| (4) The Council must inform the regulated legal practitioner and the person who made the complaint of the manner in which it has determined the complaint within 14 days of the determination, and in the event of the determination being that a formal investigation is unnecessary, the Council must, on the request of the person, furnish the person with its reasons in writing. [40/2014] |
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| Council’s power to give warning, reprimand or order penalty |
| 88.—(1) If the Council determines under section 87 that no cause of sufficient gravity exists for a formal investigation, but that the regulated legal practitioner should be given a warning, reprimanded or ordered to pay a penalty, it must give him or her a warning, reprimand him or her or order him or her to pay a penalty of not more than $10,000, as the case may be. [8/2011; 40/2014; 22/2018] (1A) Where the Council determines under section 87 that, while no cause of sufficient gravity exists for a formal investigation, the regulated legal practitioner should be ordered to comply with one or more remedial measures, the Council —| (a) | must order the regulated legal practitioner to comply with the remedial measure or remedial measures, as the case may be; and | | (b) | may, if a regulated legal practitioner fails, within the time specified by the Council, to comply fully with the Council’s order under paragraph (a) —| (i) | give the regulated legal practitioner a warning; | | (ii) | reprimand the regulated legal practitioner; or | | (iii) | order the regulated legal practitioner to pay a penalty of not more than $10,000. [22/2018] |
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(1B) Where the Council makes a determination under section 87(1)(b)(iv) —| (a) | any action taken by the Council under subsection (1A)(b) is in addition to any action taken by the Council under subsection (1); but | | (b) | the total amount of penalty ordered to be paid under subsections (1) and (1A)(b) must not exceed $10,000. [22/2018] |
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| (2) Section 95 applies to any penalty ordered to be paid under subsection (1). |
| (3) Before the Council gives a regulated legal practitioner a warning, reprimands a regulated legal practitioner or orders a regulated legal practitioner to pay a penalty under subsection (1), the Council must notify him or her of its intention to do so and give him or her a reasonable opportunity to be heard by it. [8/2011; 40/2014] |
(4) Where —| (a) | no application is made to set aside an order for the payment of a penalty under subsection (1) or section 94(3)(a) or if the order is affirmed or varied by the court under section 95(3)(a); or | | (b) | a regulated legal practitioner has been reprimanded by the Council under subsection (1) or section 94(3)(a), |
| the Council must, at the expense of the regulated legal practitioner, publish in the Gazette a notice of the order or of the reprimand, as the case may be. |
[8/2011; 40/2014] |
| (5) Any notice under subsection (4) must contain the name of the regulated legal practitioner, the nature of the misconduct committed by him or her and the penalty payable by him or her or the reprimand, as the case may be. [40/2014] |
| (6) Where an application is made to a Judge by any person under section 97(1), the Council must not publish the notice under subsection (4) until the application has been withdrawn or deemed to have been withdrawn or disposed of by the Judge under section 97. |
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| Application to appoint Disciplinary Tribunal |
89.—(1) Where the Council determines under section 87 that there should be a formal investigation, the Council must within 4 weeks apply to the Chief Justice to appoint a Disciplinary Tribunal which must hear and investigate the matter.| (2) Despite subsection (1), where 2 or more matters are pending against a regulated legal practitioner, the Council may apply for one or more matters which in its opinion are more serious in nature to be heard and investigated first and defer the hearing and investigation of the other matters. [40/2014] |
| (3) Where a Disciplinary Tribunal has been appointed to hear and investigate any matter against a regulated legal practitioner under subsection (1) and before the commencement of the hearing of and investigation into that matter there is any other matter pending against the regulated legal practitioner, the Chief Justice may, on the application of the Council, direct that Disciplinary Tribunal to hear and investigate the other matter or matters. [40/2014] |
| (4) Where, in the course of its investigation of any matter against a regulated legal practitioner referred to it under subsection (1) or (3) a Disciplinary Tribunal receives information touching on or evidence of the conduct of the regulated legal practitioner which may give rise to proceedings under this Part, the Disciplinary Tribunal may, on the application of the Council, prefer such additional charge against the regulated legal practitioner as it thinks fit with respect to the misconduct and, after giving notice to him or her, hear and investigate the charge, and section 93 applies to such charge accordingly. [40/2014] |
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| Appointment of Disciplinary Tribunal |
90.—(1) The Chief Justice may appoint one or more Disciplinary Tribunals, each comprising —| (a) | a president, who —| (i) | is a Senior Judge; | | (ii) | has at any time held office as a Supreme Court Judge or a Judicial Commissioner; or | | (iii) | is an advocate and solicitor who is a Senior Counsel; and |
| | (b) | such of the following as may be applicable:| (i) | an advocate and solicitor of not less than 12 years’ standing, in the case of a Disciplinary Tribunal appointed to hear and investigate any matter against an advocate and solicitor; or | | (ii) | a regulated foreign lawyer of not less than 12 years’ standing, in the case of a Disciplinary Tribunal appointed to hear and investigate any matter against a regulated foreign lawyer. [40/2014; 22/2018; 40/2019] |
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| (2) A Disciplinary Tribunal is to be appointed in connection with one or more matters or for a fixed period of time or as the Chief Justice may think fit. |
(3) The Chief Justice may at any time —| (a) | revoke the appointment of the Disciplinary Tribunal; | | (b) | remove any member of the Disciplinary Tribunal; or | | (c) | fill any vacancy in the Disciplinary Tribunal. |
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(4) Without limiting subsection (3), where, after a Disciplinary Tribunal has commenced the hearing and investigation of any matter, any member of the Disciplinary Tribunal is unable through death, illness or other cause to conclude the hearing and investigation of the matter —| (a) | the Chief Justice may fill the vacancy or appoint another Disciplinary Tribunal to continue the hearing and investigation of the matter; and | | (b) | the Disciplinary Tribunal so reconstituted or appointed may —| (i) | with the consent of —| (A) | the Society or, if the person making the complaint has conduct of the proceedings before the Disciplinary Tribunal, that person; and | | (B) | the regulated legal practitioner to whom the complaint relates, |
| have regard to the evidence given, the arguments adduced and any orders made during the proceedings before the previous Disciplinary Tribunal; or |
| | (ii) | hear and investigate the matter afresh. [40/2014] |
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| (5) The Chief Justice is to appoint a solicitor to be the secretary of every Disciplinary Tribunal. |
| (6) The production of any written instrument purporting to be signed by the Chief Justice and making an appointment, revocation or removal referred to in this section is evidence that such appointment or revocation has been duly made. |
| (7) Every member of a Disciplinary Tribunal appointed under subsection (1), and the secretary of every Disciplinary Tribunal appointed under subsection (5), must be paid for each case such remuneration as the Chief Justice may determine. |
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| Proceedings and powers of Disciplinary Tribunal |
91.—(1) The Rules Committee may make rules for regulating the hearing and investigation of matters before or by a Disciplinary Tribunal.| (1A) If the members of a Disciplinary Tribunal are unable to reach a unanimous decision on any matter, the matter is to be decided in accordance with the decision of the president of the Disciplinary Tribunal. |
(2) For the purpose of any complaint or matter heard and investigated by a Disciplinary Tribunal under this Act —| (a) | the Disciplinary Tribunal may administer oaths; and | | (b) | the Society or the person making the complaint and the regulated legal practitioner to whom the complaint relates and (if so instructed by the Disciplinary Tribunal) the secretary of the Disciplinary Tribunal may sue out subpoenas to testify or to produce documents. [40/2014] |
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| (3) No person may be compelled under any such subpoena to produce any document which the person could not be compelled to produce at the trial of an action. |
| (4) The subpoenas mentioned in subsection (2)(b) must be served and may be enforced as if they were orders to attend court or orders to produce documents issued in connection with a civil action in the General Division of the High Court. [40/2019] [Act 25 of 2021 wef 01/04/2022] |
| (5) Any person giving evidence before a Disciplinary Tribunal is legally bound to tell the truth. |
| (6) No fees or other charges are payable for any subpoena sued out by the secretary of the Disciplinary Tribunal under subsection (2)(b). |
| (7) In sections 172, 173, 174, 175, 177, 179, 182 and 228 of the Penal Code 1871, “public servant” is deemed to include a member of a Disciplinary Tribunal taking part in any investigation under this section, and in sections 193 and 228 of the Penal Code 1871, “judicial proceeding” is deemed to include any such investigation as aforesaid. |
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| Restriction of judicial review |
91A.—(1) Except as provided in sections 82A, 97 and 98, there shall be no judicial review in any court of any act done or decision made by the Disciplinary Tribunal.(2) In this section, “judicial review” includes proceedings instituted by way of —| (a) | an application for a Mandatory Order, a Prohibiting Order or a Quashing Order; and | | (b) | an application for a declaration or an injunction, or any other suit or action, relating to or arising out of any act done or decision made by the Disciplinary Tribunal. |
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| Complaint made by Judge, etc., or Attorney-General |
| 92.—(1) Where any judicial office holder specified in subsection (2) or the Attorney‑General refers to the Society any information touching upon the conduct of a regulated legal practitioner, every reference in this Part to a person who made the complaint includes a reference to the Attorney‑General. [16/2016] (2) For the purposes of subsection (1), the judicial office holders are —| (a) | any Supreme Court Judge; | | (b) | any Judicial Commissioner; | | (c) | any Senior Judge; | | (d) | any International Judge; | | (e) | the Presiding Judge of the Family Justice Courts; and | | (f) | the Presiding Judge of the State Courts. [16/2016; 40/2019] |
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| Findings of Disciplinary Tribunal |
93.—(1) After hearing and investigating any matter referred to it, a Disciplinary Tribunal must record its findings in relation to the facts of the case and according to those facts shall determine that —| (a) | no cause of sufficient gravity for disciplinary action exists under section 83 or 83A (as the case may be); | | (b) | while no cause of sufficient gravity for disciplinary action exists under section 83 or 83A (as the case may be), the regulated legal practitioner should be —| (i) | ordered to pay a penalty that is sufficient and appropriate to the misconduct committed; | | (ii) | reprimanded; | | (iii) | ordered to comply with one or more remedial measures; or | | (iv) | subjected to the measure in sub‑paragraph (iii) in addition to the measure in sub‑paragraph (i) or (ii); or |
| | (c) | cause of sufficient gravity for disciplinary action exists under section 83 or 83A (as the case may be). [40/2014; 22/2018] |
| (2) Where a Disciplinary Tribunal makes a determination under subsection (1)(b)(i), (ii) or (iv) or (c), the Disciplinary Tribunal may make an order for payment by any party of costs, and may, in the order, specify the amount of those costs or direct that the amount be assessed by the Registrar. [22/2018] [Act 25 of 2021 wef 01/04/2022] |
(2A) Where a Disciplinary Tribunal makes a determination under subsection (1)(a) and further records the opinion that the complaint was frivolous or vexatious, the Disciplinary Tribunal may, after hearing the person who made the complaint (if the person desires to be heard) —| (a) | order that the costs of the complaint must be paid by that person; and | | (b) | in the order, specify the amount of those costs or direct that the amount be assessed by the Registrar. [Act 25 of 2021 wef 01/04/2022] |
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| (2B) Any person awarded any costs under subsection (2) or (2A) may sue for and recover those costs as if those costs were a debt due to the person. |
| (3) A Disciplinary Tribunal must carry out its work expeditiously and the Society may apply to the Chief Justice for directions to be given to the Disciplinary Tribunal if the Disciplinary Tribunal fails to make any finding and determination within 6 months from the date of its appointment. |
(4) The findings and determination of the Disciplinary Tribunal under this section must be drawn up in the form of a report of which —| (a) | a copy must be submitted to the Chief Justice and the Society; and | | (b) | a copy must on request be supplied to the regulated legal practitioner concerned. [40/2014] |
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| (5) The findings and determination of the Disciplinary Tribunal must be published by the Council in the Singapore Law Gazette or in such other media as the Council may determine which would adequately inform the public of the findings and determination. |
| (6) A copy of the entire record of the proceedings of the Disciplinary Tribunal including its findings and determination must be made public and copies thereof must be made available to the members of the public upon payment of the prescribed fee. |
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| Society to apply to court if cause of sufficient gravity exists |
| 94.—(1) If the Disciplinary Tribunal makes a determination under section 93(1)(c), the Society must without further direction make an application under section 98 within one month from the date of the determination of the Disciplinary Tribunal. [40/2014; 22/2018] | (2) If the Disciplinary Tribunal makes a determination under section 93(1)(a), it is not necessary for the Society to take any further action in the matter unless so directed by the court. [40/2014; 22/2018] |
(3) If the Disciplinary Tribunal makes a determination under section 93(1)(b)(i), (ii) or (iv), the Council must —| (a) | if it agrees with the determination, reprimand the regulated legal practitioner or order him or her to pay a penalty of not more than $20,000, as the case may be; or | | (b) | if it disagrees with the determination, without further direction make an application under section 98 within one month from the date of the determination of the Disciplinary Tribunal. [40/2014; 22/2018] |
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(3A) Where the Disciplinary Tribunal makes a determination under section 93(1)(b)(iii) or (iv) —| (a) | the Council must —| (i) | if the Council agrees with the determination, order the regulated legal practitioner to comply with the remedial measure or remedial measures, as the case may be; or | | (ii) | if the Council disagrees with the determination, without further direction make an application under section 98 within one month after the date of the determination of the Disciplinary Tribunal; and |
| | (b) | if paragraph (a)(i) applies, and the regulated legal practitioner fails, within the time specified by the Council, to comply fully with the Council’s order under paragraph (a)(i), the Council must, if the determination so provides —| (i) | reprimand the regulated legal practitioner; or | | (ii) | order the regulated legal practitioner to pay a penalty of not more than $20,000. [22/2018] |
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(3B) Where the Disciplinary Tribunal makes a determination under section 93(1)(b)(iv), and the Council agrees with that determination —| (a) | any action taken by the Council under subsection (3A)(b)(ii) is in addition to any action taken by the Council under subsection (3)(a); but | | (b) | the total amount of penalty ordered to be paid under subsections (3)(a) and (3A)(b)(ii) must not exceed $20,000. [22/2018] |
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(4) The Council must inform the regulated legal practitioner and the person who made the complaint of —| (a) | the determination of the Disciplinary Tribunal under section 93 within 14 days from the date the Society receives a copy of the report mentioned in section 93(4); and | | (b) | where subsection (3) or (3A) applies, the Council’s decision —| (i) | as to whether it agrees with the determination of the Disciplinary Tribunal; and | | (ii) | to reprimand the regulated legal practitioner, to order him or her to pay a penalty or to make an application under section 98, |
| within 14 days from the date of the decision. |
[40/2014; 22/2018] |
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| Society to apply to court for cases involving fraud or dishonesty, or under section 33 |
| 94A.—(1) Where a regulated legal practitioner has been convicted of an offence involving fraud or dishonesty, whether the offence was disclosed as a result of an investigation under section 87(3)(b) or otherwise, the Society must, without further direction, proceed to make an application in accordance with section 98. [40/2014] | (1A) Where a regulated legal practitioner has been convicted of an offence under section 33, the Society may, and must upon a request by the Attorney‑General, without further direction, proceed to make an application in accordance with section 98. [40/2014] |
| (2) Where there is an appeal against conviction, the Society must not make an application under subsection (1) or (1A) until the appeal has been withdrawn or is deemed to have been withdrawn or disposed of by the appellate court. |
| (3) This section does not apply to a Judicial Service Officer, Legal Service Officer or PD Officer. [20/2009] [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] |
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| Provisions as to penalties ordered by Council under section 88(1) or 94(3)(a) |
| 95.—(1) Within 21 days of being ordered to pay a penalty by the Council under section 88(1) or 94(3)(a), the regulated legal practitioner concerned may apply to a Judge to set aside the order. [8/2011; 40/2014] | (2) Such an application must be made by way of originating application, must be served on the Society and must be heard in chambers unless the Judge of his or her own motion or on the application of any party sees fit to order a hearing in open court. [Act 25 of 2021 wef 01/04/2022] |
(3) Upon the hearing of the application, the Judge may —| (a) | affirm or vary the penalty; or | | (b) | set aside the order for a penalty, |
| and may make an order for payment of costs by or to either the Society or the applicant as may be just. |
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(4) Where the Council has ordered a regulated legal practitioner to pay a penalty, the regulated legal practitioner must pay to the Society —| (a) | the penalty, if —| (i) | no application is made under subsection (1) to set aside the Council’s order; or | | (ii) | the penalty has been affirmed by a Judge under subsection (3)(a); or |
| | (b) | if the penalty has been varied by a Judge under subsection (3)(a), the penalty so varied. [40/2014] |
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| (5) Any penalty payable to the Society under subsection (4) which is not paid may be recoverable by the Society as a judgment debt. |
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| Procedure for complainant dissatisfied with Council’s determination under section 87(1)(a) or (b) |
96.—(1) Where a person has made a complaint to the Society and the Council has determined under section 87(1) —| (a) | that a formal investigation is not necessary; or | | (b) | that no sufficient cause for a formal investigation exists but that the regulated legal practitioner concerned should be given a warning, reprimanded or ordered to pay a penalty, |
| that person may, if the person is dissatisfied with the determination of the Council, apply to a Judge under this section within 14 days of being notified of the determination. |
[8/2011; 40/2014] | (2) Such an application must be made by originating application and must be accompanied by an affidavit or affidavits of the facts constituting the basis of the complaint and by a copy of the complaint originally made to the Society together with a copy of the Council’s reasons in writing supplied to the applicant under section 87(4). [Act 25 of 2021 wef 01/04/2022] |
| (3) The application accompanied by a copy of each of the documents referred to in subsection (2) must be served on the Society. |
(4) At the hearing of the application, the Judge may make an order —| (a) | affirming the determination of the Council; or | | (b) | directing the Society to apply to the Chief Justice for the appointment of a Disciplinary Tribunal, |
| and such order for the payment of costs as may be just. |
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| (5) If the Judge makes an order directing the Society to apply to the Chief Justice for the appointment of a Disciplinary Tribunal, the applicant has the conduct of proceedings before the Disciplinary Tribunal and any subsequent proceedings before the court under section 98, and any such proceedings must be brought in the name of the applicant. |
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| Application for review of Disciplinary Tribunal’s decision |
| 97.—(1) Where a Disciplinary Tribunal has made a determination under section 93(1)(a) or (b), the person who made the complaint, the regulated legal practitioner or the Council may, within 14 days of being notified of that determination or any order under section 93(2) or (2A), apply to a Judge for a review of that determination or order. [40/2014] (2) An application under subsection (1) must be —| (a) | made by originating application; and [Act 25 of 2021 wef 01/04/2022] | | (b) | served on —| (i) | the person who made the complaint, if the person had the conduct of the proceedings before the Disciplinary Tribunal and is not the applicant; | | (ii) | the regulated legal practitioner, if he or she is not the applicant; | | (iii) | the Society, if the Council is not the applicant; and | | (iv) | the secretary of the Disciplinary Tribunal. [40/2014] |
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| (3) Upon receiving the application, the secretary of the Disciplinary Tribunal must file in court the record and report of the hearing and investigation by the Disciplinary Tribunal. |
(4) The Judge hearing the application —| (a) | has full power to determine any question necessary to be determined for the purpose of doing justice in the case, including any question as to the correctness, legality or propriety of the determination or order of the Disciplinary Tribunal, or as to the regularity of any proceedings of the Disciplinary Tribunal; and | | (b) | may make such orders as the Judge thinks fit, including —| (i) | an order directing the person who made the complaint or the Council to make an application under section 98; | | (ii) | an order setting aside the determination of the Disciplinary Tribunal and directing —| (A) | the Disciplinary Tribunal to rehear and reinvestigate the complaint or matter; or | | (B) | the Society to apply to the Chief Justice for the appointment of another Disciplinary Tribunal to hear and investigate the complaint or matter; or |
| | (iii) | such order for the payment of costs as may be just. |
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| (5) If the Judge makes an order directing the person who made the complaint to make an application under section 98, that person has the conduct of the proceedings under that section, and any such proceedings must be brought in the person’s name. |
| (6) If the Judge makes an order directing the person who made the complaint or the Council to make an application under section 98, that person or the Society (as the case may be) must make the application under that section within one month from the date of the order. |
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97A. For the purposes of this Part, the Council may, with the approval of the Minister, make rules to prescribe —| (a) | the remedial measures to address any issue concerning the professional practice, etiquette, conduct or discipline of a regulated legal practitioner; and | | (b) | any requirements that the Council may specify for compliance with an order of the Council under section 88(1A) or 94(3A). [22/2018] |
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| Application for order that solicitor be struck off roll of advocates and solicitors, etc. |
98.—(1) Each of the following applications must be made by originating application:| (a) | an application for an order that an advocate and solicitor —| (i) | be struck off the roll of advocates and solicitors; [Act 37 of 2023 wef 17/07/2024] | | (ii) | be suspended from practice for a period not exceeding 5 years; | | (iii) | pay a penalty of not more than $100,000; | | (iv) | be censured; or | | (v) | suffer the punishment referred to in sub‑paragraph (iii) in addition to the punishment referred to in sub‑paragraph (ii) or (iv); |
| | (b) | an application for an order that a regulated foreign lawyer —| (i) | have his or her registration under section 36B, 36C or 36D cancelled or suspended (for such period as the court may think fit), have his or her registration under section 36P (if any) cancelled or suspended (for such period as the court may think fit), or have the approval given to him or her under section 176(1) cancelled or suspended (for such period, not exceeding 5 years, as the court may think fit), as the case may be; | | (ii) | pay a penalty of not more than $100,000; | | (iii) | be censured; or | | (iv) | suffer the punishment referred to in sub‑paragraph (ii) in addition to the punishment referred to in sub‑paragraph (i) or (iii); |
| | (c) | an application for an order that an advocate and solicitor or a regulated foreign lawyer be required to answer allegations contained in an affidavit. [40/2014] [Act 25 of 2021 wef 01/04/2022] |
| (2) If the advocate and solicitor or regulated foreign lawyer named in the application under subsection (1) is believed to be outside Singapore, an application may be made by summons in the same proceedings for directions as to service. [40/2014] |
| (3) If the advocate and solicitor or regulated foreign lawyer named in the application under subsection (1) is or is believed to be within Singapore, the provisions of the Rules of Court for service of originating claims apply to the service of the application. [40/2014; 22/2018] [Act 25 of 2021 wef 01/04/2022] |
| (4) A copy of the affidavit or affidavits in support of the application under subsection (1) must be served with the application upon the advocate and solicitor or regulated foreign lawyer named in the application. [40/2014] |
| (5) There must be at least 8 clear days between the service of the application under subsection (1) and the day named therein for the hearing. |
| (6) Any order on an application under subsection (1) that is made in any case where personal service of that application has not been effected may be set aside on the application of the advocate and solicitor or regulated foreign lawyer on good cause being shown. [40/2014] |
| (7) The application under subsection (1) is to be heard by a court of 3 Supreme Court Judges, and from the decision of that court there is no appeal. [40/2019] |
(8) The court of 3 Judges —| (a) | has full power to determine any question necessary to be determined for the purpose of doing justice in the case, including any question as to the correctness, legality or propriety of the determination of the Disciplinary Tribunal, or as to the regularity of any proceedings of the Disciplinary Tribunal; | | (b) | may make an order setting aside the determination of the Disciplinary Tribunal and directing —| (i) | the Disciplinary Tribunal to rehear and reinvestigate the complaint or matter; or | | (ii) | the Society to apply to the Chief Justice for the appointment of another Disciplinary Tribunal to hear and investigate the complaint or matter; and |
| | (c) | in the case of a regulated foreign lawyer, may direct the Registrar to inform either or both of the following of the decision of the court of 3 Judges:| (i) | the foreign authority having the function conferred by law of authorising or registering persons to practise law in the state or territory in which the regulated foreign lawyer is duly authorised or registered to practise law; | | (ii) | any relevant professional disciplinary body of the state or territory in which the regulated foreign lawyer is duly authorised or registered to practise law. [40/2014] |
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| (9) The Chief Justice or any other Supreme Court Judge is not to be a member of the court of 3 Judges when the application under subsection (1) is in respect of a complaint made or information referred to the Society by him or her. [40/2019] |
(9A) Where a regulated foreign lawyer’s registration under section 36P has been cancelled pursuant to an order of the court of 3 Judges —| (a) | in any case where the order prohibits the regulated foreign lawyer from reapplying for registration under section 36P until after a date specified in the order, the regulated foreign lawyer is prohibited from reapplying for such registration until after that date; or | | (b) | in any other case, the regulated foreign lawyer is permanently prohibited from reapplying for registration under section 36P. [40/2014] |
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| (10) [Deleted by Act 25 of 2021 wef 01/04/2022] [Act 37 of 2023 wef 17/07/2024] |
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| Provisions as to penalties ordered by court |
| 98A.—(1) Where the court has ordered a Judicial Service Officer, Legal Service Officer, PD Officer or non‑practising solicitor to pay a penalty under section 82A(12), the Judicial Service Officer, Legal Service Officer, PD Officer or non‑practising solicitor must pay the penalty to the Registrar of the Supreme Court. [20/2009] [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] | (2) Where the court has ordered a regulated legal practitioner to pay a penalty under section 98, the regulated legal practitioner must pay the penalty to the Registrar of the Supreme Court. [40/2014] |
| (3) Any penalty payable under subsection (1) or (2) which is not paid may be recoverable by the Government as a judgment debt. |
| (4) All sums collected by the Registrar of the Supreme Court under subsection (1) or (2) or recovered by the Government under subsection (3) must be paid into the Consolidated Fund. |
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| 99. Where any order has been made by the court upon an application under section 98 and the order has not been drawn up by the applicant within one week after it was made, the Society may cause the order to be drawn up, and all future proceedings thereon are to be taken as if the application had been made by the Society. |
| Solicitor’s application to remove own name |
| 100.—(1) Any solicitor may, subject to this section and any rules made thereunder, apply to the court to have his or her name removed from the roll of advocates and solicitors. [Act 37 of 2023 wef 17/07/2024] | (2) Every such application must be made by way of originating application and must be supported by an affidavit in the prescribed form which must be served on the Society not less than 2 months before the application is heard. [Act 25 of 2021 wef 01/04/2022] |
| (3) The Society may for good cause require the applicant to advertise his or her intention to make the application in such manner as directed by the Society. |
| (4) An application under this section is to be heard by a single Judge sitting in open court. |
(5) No order is to be made on an application under this section if the Judge is satisfied that —| (a) | disciplinary action is pending against the applicant; or | | (b) | the conduct of the applicant is the subject of inquiry or investigation under the provisions of this Part. |
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(6) At the hearing of any such application, the Judge may make an order —| (a) | directing the Registrar to remove the applicant’s name from the roll; or | | (b) | adjourning the application indefinitely or to such date as the Judge deems fit, |
| and such order for the payment of costs as may be just. |
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| (7) Subject to this section, the Rules Committee may make rules for regulating and prescribing the procedure and practice to be followed in connection with proceedings under this section, and in the absence of any rule dealing with any point of procedure or practice, the Rules of Court may be followed as nearly as the circumstances permit. [Act 25 of 2021 wef 01/04/2022] |
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| Adverse orders to be noted on roll of advocates and solicitors |
| 101.—(1) The Society must give the Registrar notice of every order made under this Part that is adverse to an advocate and solicitor, and the Registrar must cause a note of the effect of that order to be entered on the roll of advocates and solicitors against the name of the advocate and solicitor concerned. [Act 37 of 2023 wef 17/07/2024] | (2) An order as to costs only need not be entered on the roll of advocates and solicitors. [Act 37 of 2023 wef 17/07/2024] |
| (3) An order to comply with one or more remedial measures (whether or not in addition to an order to pay a penalty, a reprimand or a warning) need not be entered on the roll of advocates and solicitors. [22/2018] [Act 37 of 2023 wef 17/07/2024] |
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| Replacement on roll of advocates and solicitors of name of solicitor who has been struck off |
102.—(1) Where the name of a solicitor has been removed from, or struck off, the roll of advocates and solicitors, the court may, if it thinks fit, at any time order the Registrar to replace on the roll of advocates and solicitors the name of the solicitor —| (a) | free from conditions; or | | (b) | subject to any conditions that the court thinks fit. [Act 37 of 2023 wef 17/07/2024] |
| (2) Any application that the name of a solicitor be replaced on the roll of advocates and solicitors must be made by originating application, supported by affidavit, before a court of 3 Supreme Court Judges of whom the Chief Justice is one. [40/2019] [Act 25 of 2021 wef 01/04/2022] [Act 37 of 2023 wef 17/07/2024] |
(3) The originating application must be served on the Society which must —| (a) | appear at the hearing of the application; and | | (b) | place before the court a report which must include —| (i) | copies of the record of any proceedings as the result of which the name of the solicitor was removed from or struck off the roll of advocates and solicitors; and [Act 37 of 2023 wef 17/07/2024] | | (ii) | a statement of any facts which have occurred since the name of the solicitor was removed from or struck off the roll of advocates and solicitors and which, in the opinion of the Council or any member of the Council, are relevant to be considered or investigated in connection with the application. [Act 25 of 2021 wef 01/04/2022] [Act 37 of 2023 wef 17/07/2024] |
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103.—(1) [Deleted by Act 19 of 2008]| (2) [Deleted by Act 19 of 2008] |
| (3) The costs of and incidental to all proceedings under section 97, 98, 100 or 102 are in the discretion of the Judge or of the court before whom the hearing has taken place. |
| (4) Such costs may include the costs of the Society or Disciplinary Tribunal and may be ordered to be paid by the regulated legal practitioner against whom, or the person by whom, any complaint was made or was intended to be made or partly by the regulated legal practitioner and partly by the other person. [8/2011; 40/2014] |
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| Absence of person under inquiry |
| 104. If the person whose conduct is the subject of inquiry fails to attend before the court, a Disciplinary Tribunal, the Council or the Inquiry Committee (as the case may be) the inquiry or proceedings may be proceeded with without further notice to that person upon proof of service by affidavit or statutory declaration. |
| Provisions as to evidence |
105.—(1) In any proceedings under this Part, any publication purporting to be printed under the authority of the General Council of the Bar in England or the Law Society in England setting out any rules or decisions made under the authority of those bodies relevant to the subject matter of the proceedings is, until the contrary is proved, the evidence thereof.(2) A Disciplinary Tribunal may —| (a) | where the person whose conduct is the subject of inquiry does not appear before the Tribunal, and the Tribunal decides under section 104 to proceed in that person’s absence; or | | (b) | with the written consent of the person whose conduct is the subject of inquiry, |
| proceed and act on evidence by affidavit or statutory declaration, either as to the whole case or as to any particular fact or facts. |
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| No action in absence of bad faith |
| 106. No action or proceeding shall lie against the Attorney-General, the Society, the Council, a Review Committee or any member thereof, an Inquiry Committee or any member thereof, or a Disciplinary Tribunal or any member or the secretary thereof for any act or thing done under this Act unless it is proved to the court that the act or thing was done in bad faith or with malice. |
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