Legal Profession (Amendment) Act 1989 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 12]

Friday, March 31

[1989

The following Act was passed by Parliament on 17th February 1989 and assented to by the President on 22nd March 1989:—

Legal Profession (Amendment) Act 1989

(No. 15 of 1989)

I assent.

WEE KIM WEE

President.

22nd March 1989.

Date of Commencement: 21st April 1989

An Act to amend the Legal Profession Act (Chapter 161 of the 1985 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act may be cited as the Legal Profession (Amendment) Act 1989 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. Section 2 of the Legal Profession Act (referred to in this Act as the principal Act) is amended by inserting, immediately above the definition of “advocate and solicitor”, the following definition:

“ “Academy” means the Singapore Academy of Law established under the Singapore Academy of Law Act 1988 (Act 18 of 1988);”.

New section 5A

3. The principal Act is amended by inserting, immediately after section 5, the following section:

“Senate of Academy may give directions to Board

5A. The Senate of the Academy may, after consultation with the Board, give such directions, not inconsistent with the provisions of this Act, to the Board as to the exercise and performance by the Board of its functions and powers, and the Board shall give effect to any such direction.”.

Amendment of section 7

4. Section 7 of the principal Act is amended by deleting subsection (1) and substituting the following subsection:

“(1) The Board shall consist of —

(a)	the Attorney-General;
(b)	the Dean of the Faculty;
(c)	five advocates and solicitors nominated by the Senate of the Academy after consultation with the Council of the Society; and
(d)	three other members nominated by the Senate of the Academy.”.

Amendment of section 13

5. Section 13 (4) of the principal Act is amended —

(a)

by deleting the word “or” at the end of paragraph (b); and

(b)

by deleting the full-stop at the end of paragraph (c) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:

“(d)	has attended such course of instruction and successfully passed such examination as may be approved by the Board for the purposes of this section.”.

Amendment of section 28

6. Section 28 (1) of the principal Act is amended by inserting, immediately after the word “shall” in the fifth line, the words “subject to section 28B”.

New sections 28A and 28B

7. The principal Act is amended by inserting, immediately after section 28, the following sections:

“Appointment of Senior Counsel

28A.—(1) The Senate of the Academy may appoint an advocate and solicitor or a legal officer as Senior Counsel if they are of the opinion that by virtue of that person’s ability, standing at the Bar or special knowledge or experience in law he is deserving of such distinction.

(2) No person shall be appointed as a Senior Counsel unless he has for an aggregate period of not less than 10 years been an advocate and solicitor or a legal officer or both.

(3) Upon the commencement of the Legal Profession (Amendment) Act 1989, those persons who on the date immediately preceding the commencement of that Act are holding office as the Attorney-General and the Solicitor-General shall be deemed to have been appointed as Senior Counsel under this section.

Order of precedence in court

28B. Senior Counsel shall rank in precedence after the Attorney-General and the Solicitor-General according to their seniority of appointment as Senior Counsel but if two or more are appointed on the same day they shall take precedence according to the date on which they were admitted as advocates and solicitors.”.

Repeal and re-enactment of section 63

8. Section 63 of the principal Act is repealed and the following section substituted therefor:

“Proceedings of Council and its Inquiry Committees to be confidential

63. Except insofar as may be necessary for the purpose of giving effect to any resolutions or decisions of the Council and its Inquiry Committees confidentiality shall be maintained in all proceedings conducted by the Council, its staff and Inquiry Committees.”.

Amendment of section 80

9. Section 80 of the principal Act is amended by inserting, immediately after subsection (4), the following subsection:

“(5) In any proceedings instituted under this Part against an advocate and solicitor consequent upon his conviction for a criminal offence, an Inquiry Committee, a Disciplinary Committee appointed under section 87 and a court of 3 judges referred to in section 95 shall accept his conviction as final and conclusive.”.

Amendment of section 81

10. Section 81 of the principal Act is amended —

(a)	by deleting the words “20 advocates and solicitors” in subsection (1) and substituting the words “40 advocates and solicitors”;
(b)	by deleting the words “20 lay persons” in subsection (1) and substituting the words “40 lay persons”; and
(c)	by deleting the words “3 years” in subsection (3) and substituting the words “two years”.

Repeal and re-enactment of sections 82 and 83

11. Sections 82 and 83 of the principal Act are repealed and the following sections substituted therefor:

“Complaints against advocates and solicitors

82.—(1) An application by any person that an advocate and solicitor be dealt with under this Part and any complaint of the conduct of an advocate and solicitor in his professional capacity shall in the first place be made to the Society and the Council shall refer the application or complaint to the Chairman of the Inquiry Panel.

(2) The Council may on its own motion refer any information touching upon the conduct of an advocate and solicitor in his professional capacity to the Chairman of the Inquiry Panel.

(3) The Supreme Court or any judge thereof or the Attorney-General may at any time refer to the Society any information touching upon the conduct of an advocate and solicitor in his professional capacity and the Council shall —

(a)	refer the matter to the Chairman of the Inquiry Panel; or
(b)	where the Supreme Court or a judge thereof or the Attorney-General requests that the matter be referred to a Disciplinary Committee, apply to the Chief Justice to appoint a Disciplinary Committee.

(4) Where an application under subsection (1) or any complaint or information touching upon the conduct of an advocate and solicitor in his professional capacity is referred to the Chairman of the Inquiry Panel, the Council shall inform the advocate and solicitor concerned that it has done so.

(5) Where an application or any complaint or information touching upon the conduct of an advocate and solicitor in his professional capacity is referred to the Chairman of the Inquiry Panel pursuant to subsection (1), (2) or (3), he shall forthwith constitute an Inquiry Committee consisting of —

(a)	a chairman, being a member of the Inquiry Panel who is an advocate and solicitor;
(b)	a member of the Inquiry Panel who is an advocate and solicitor;
(c)	a member of the Inquiry Panel who is a lay person; and
(d)	a legal officer who has not less than 10 years’ experience,

to inquire into the application, complaint or information.

(6) 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.

(7) The Chairman of an Inquiry Committee may at any time summon a meeting of the Inquiry Committee.

(8) Any questions arising at any meeting of an Inquiry Committee shall be determined by a majority of votes of the members of the Committee, and in the case of an equality of votes, the Chairman shall have a second or casting vote.

(9) All the members of an Inquiry Committee shall be present to constitute a quorum for a meeting of the Inquiry Committee and any resolution or decision in writing signed by all the members of an Inquiry Committee shall be 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.

(10) Every written application or complaint received by the Society shall be supported by such statutory declarations or affidavits as the Chairman of the Inquiry Panel or of an Inquiry Committee may require.

(11) An Inquiry Committee may require any person making a written application or complaint to the Society under this Part to deposit with the Society a reasonable sum not exceeding $500 to cover necessary costs and expenses and in case the application or complaint is found to be frivolous or vexatious, the sum so deposited or such part thereof as the Inquiry Committee may determine shall be applied for the payment of those costs and expenses; otherwise the sum so deposited shall be returned to the person making the same.

(12) A member of an Inquiry Committee shall, notwithstanding that he has ceased to be a member of the Inquiry Panel on the expiry of his term of office, be deemed to be a member of the Inquiry Panel until such time as the Council has decided that the Inquiry Committee of which he is a member has completed its work.

Inquiry

83.—(1) Subject to subsections (2), (3) and (4), an Inquiry Committee shall, within two weeks of its appointment, commence its inquiry into an application under section 82(1) or any complaint or information touching upon the conduct of an advocate and solicitor in his professional capacity 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 advocate and solicitor concerned to offer any explanation or to answer the allegations made against him, not later than two months after the date of its appointment; and
(b)	in any other case, not later than two weeks after the last meeting of the Inquiry Committee or 3 months after the date of its appointment, whichever is earlier.

(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 Chairman of the Inquiry Panel for an extension of the time to report its findings to the Council.

(3) The Chairman of the Inquiry Panel may grant an extension of time to an Inquiry Committee to report its findings to the Council if he is satisfied that the circumstances of the case justify the grant of an extension of time except that any extension of time granted shall 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 Chairman of the Inquiry Panel under subsection (2) on the expiry of two 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 shall report to the Council accordingly and state the reasons for its decision.

(6) Where an Inquiry Committee is of the opinion that an advocate and solicitor should be called upon to answer any allegation made against him, the Inquiry Committee shall post or deliver to the advocate and solicitor concerned —

(a)	copies of any written application, complaint or information touching upon his conduct in a professional capacity and of any statutory declarations or affidavits that have been made in support of the application, complaint or information; and
(b)	a notice inviting the advocate and solicitor concerned 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 may wish to offer and to advise the Inquiry Committee if he wishes to be heard by the Committee,

and allow the time specified in the notice to elapse and shall give the advocate and solicitor concerned reasonable opportunity to be heard if he so desires and shall also give due consideration to any explanation (if any) given by him.

(7) The report of the Inquiry Committee shall, inter alia, deal with the question of the necessity or otherwise of a formal investigation by a Disciplinary Committee and, if in the view of the Inquiry Committee no formal investigation by a Disciplinary Committee is required, the Inquiry Committee shall recommend to the Council —

(a)	a penalty sufficient and appropriate to the misconduct committed; or
(b)	that the complaint be dismissed.

(8) Where in the course of its inquiry an Inquiry Committee receives information touching on or evidence of the conduct of the advocate and solicitor concerned which may give rise to proceedings under this Part, the Inquiry Committee may decide on its own motion to inquire into that matter and report its findings to the Council.

(9) For the purposes of conducting an inquiry, an Inquiry Committee may —

(a)	appoint any person to make or assist in the making of whatever preliminary inquiries it thinks necessary;
(b)	require the production for inspection by the Inquiry Committee or any person appointed by the Committee of any books, documents or papers which may relate to or be connected with the subject-matter of the inquiry and may require any person to give information in relation to such books, documents or papers; and
(c)	require the advocate and solicitor concerned to give all information in relation to any such books, documents or papers which may be reasonably required by the Inquiry Committee or by the person so employed.

(10) Any advocate and solicitor and any other person who without lawful excuse refuses or fails to produce to the Inquiry Committee or to any person whom the Committee may appoint for the purposes of an inquiry any books, documents or papers required of him as aforesaid or fails to give any such information relating thereto shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.”.

Amendment of section 88

12. Section 88 (2) of the principal Act is amended by deleting the words “or complaint” in the first line and substituting the words “, complaint or matter”.

Amendment of section 95

13. Section 95 of the principal Act is amended by deleting subsection (6) and substituting the following subsection:

“(6) The application to make absolute and the showing of cause consequent upon any order to show cause made under subsections (1) and (2) shall be heard by a court of 3 judges and from the decision of that court there shall be no appeal.”.

Transitional and savings provisions

14.—(1) The persons who immediately prior to the commencement of this Act have been nominated under section 7 of the principal Act to hold office as members of the Board of Legal Education shall continue to hold office until new members are nominated by the Senate of the Academy under that section as amended by this Act.

(2) The provisions of Part VII of the principal Act as amended by this Act shall apply with such modifications as may be necessary to —

(a)	all proceedings under that Part which are pending at the commencement of this Act; and
(b)	any application or any complaint or information touching upon the conduct of an advocate and solicitor which was made or referred to or received by the Society before the commencement of this Act.

(3) Any person appointed as a member of the Inquiry Panel constituted under section 81(1) of the principal Act at any time prior to the commencement of this Act shall continue to hold office until the expiry of his term of appointment unless he is removed from office pursuant to section 81(4) of the principal Act.

(4) The amendments made by this Act to section 95 of the principal Act shall not affect any appeal to the Judicial Committee or Her Britannic Majesty’s Privy Council which is pending at the commencement of this Act.

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