Legal Profession (Amendment) Act 1993 - Singapore Statutes Online

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 41]

Friday, December 3

[1993

The following Act was passed by Parliament on 12th November 1993 and assented to by the President on 23rd November 1993:—

Legal Profession (Amendment) Act 1993

(No. 41 of 1993)

I assent.

LIM KIM SAN

Acting President.

23rd November 1993.

Date of Commencement: 1st January 1994

An Act to amend the Legal Profession Act (Chapter 161 of the 1990 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 1993 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 —

(a)

by deleting the definition of “legal officer” and substituting the following definition:

“ “legal officer” means a person appointed as a legal officer in the Singapore Legal Service;”;

(b)

by deleting the definition of “qualified person” and substituting the following definition:

“ “qualified person” means any person who —

(a)

before 1st May 1993 —

(i)	has passed the final examination for the degree of Bachelor of Laws in the University of Malaya in Singapore, the University of Singapore or the National University of Singapore;
(ii)	was and still is a barrister-at-law of England or of Northern Ireland or a member of the Faculty of Advocates in Scotland;
(iii)	was and still is a solicitor in England or Northern Ireland or a writer to the Signet, law agent or solicitor in Scotland; or
(iv)	was and still is in possession of such other degree or qualification as may be declared by the Minister under section 7 in force immediately before the date of commencement of the Legal Profession (Amendment) Act 1993 and has obtained a certificate from the Board under that section;

(b)

on or after 1st May 1993 possesses such qualifications and satisfies such requirements as the Minister may prescribe under subsection (2); or

(c)

is approved by the Board as a qualified person under section 7;”; and

(c)

by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsections:

“(2) For the purposes of paragraph (b) of the definition of “qualified person” in subsection (1), the Minister may, after consultation with the Board, make rules to prescribe the qualifications, education and training for persons seeking to be qualified persons under this Act.

(3) Without prejudice to the generality of subsection (2), rules made thereunder may —

(a)	prescribe the institutions of higher learning and the qualifications conferred thereby which may be recognised for the purposes of this Act;
(b)	specify the minimum standard of attainment, including the class of honours, to be achieved by persons who possess any of the prescribed qualifications;
(c)	prescribe such courses, tests or examinations to be undergone by persons who possess any of the prescribed qualifications;
(d)	provide for the exemption of any person or classes of persons from any of the provisions thereof; and
(e)	include such incidental, supplementary or transitional provisions as may be necessary or expedient.”.

Repeal and re-enactment of section 7

3. Section 7 of the principal Act is repealed and the following section substituted therefor:

“Board may approve certain persons as qualified persons

7.—(1) The Board may in exceptional cases, in its discretion, upon an application made to it by any person who is not otherwise entitled to become a qualified person but who, in the opinion of the Board, possesses such qualification or expertise as would enhance the quality of legal services in Singapore, approve the person as a qualified person for the purpose of this Act and issue to him a certificate to that effect.

(2) Notwithstanding section 22, any decision of the Board under subsection (1) shall be final and shall not be subject to appeal or review in any court.”.

Amendment of section 14

4. Section 14 of the principal Act is amended by deleting subsection (2) and substituting the following subsections:

“(2) In any case where subsection (1)(b) or (c) applies, 6 months’ pupillage with a legal officer shall count as one month’s period of pupillage with an advocate and solicitor.

(2A) For the purposes of this section and section 13(4), “legal officer” includes a legal officer of the Inland Revenue Authority of Singapore.”.

Amendment of section 16

5. Section 16 of the principal Act is amended by inserting, immediately after subsection (6), the following subsection:

“(7) Subsection (1) shall cease to have effect from 1st January 1995, and no Hong Kong practitioner shall be admitted as an advocate and solicitor under that subsection unless he has filed his petition for admission before that date.”.

Amendment of section 21

6. Section 21 (2) of the principal Act is amended by deleting the words “a fee of $100 to the Society for its costs” in the ninth and tenth lines and substituting the words “the prescribed fee to the Society and the Attorney- General for their costs”.

Amendment of section 26

7. Section 26 (2) of the principal Act is amended by inserting, immediately after the word “by” in the second line, the words “the Society,”.

Amendment of section 34A

8. Section 34A (1) of the principal Act is amended by inserting, immediately after the word “certificate” at the end of paragraph (b), the words “or with a legal officer”.

Amendment of section 66

9. The principal Act is amended by renumbering section 66 as subsection (1) of that section, and by inserting immediately thereafter the following subsection:

“(2) Notwithstanding subsection (1), the Chief Justice or the Attorney-General may require the Council to disclose to him any matter or information relating to any complaint of misconduct or disciplinary action against any advocate and solicitor.”.

Amendment of section 67

10. Section 67 (1) (a) of the principal Act is amended by deleting the word “November” and substituting the word “October”.

Amendment of section 78

11. Section 78 (2) of the principal Act is amended by inserting, immediately after the word “person” at the end thereof, the words “or in respect of whom the consent of the court had previously been obtained under subsection (1)”.

Amendment of section 82

12. Section 82 (1) of the principal Act is amended by inserting, immediately after the word “solicitor” in the second line, the words “and any legal officer”.

New section 82A

13. The principal Act is amended by inserting, immediately after section 82, the following section:

“Disciplinary proceedings against legal officers and non-practising solicitors

82A.—(1) This Part, with the exception of this section and sections 82, 90, 91, 98 to 102, 104, 105 and 106, shall not apply to any legal officer or any advocate and solicitor who does not at the time of the misconduct have in force a practising certificate (referred to in this section as a non-practising solicitor).

(2) All legal officers and non-practising solicitors shall be subject to the control of the Supreme Court and shall be liable on due cause shown to be punished in accordance with this section.

(3) Such due cause may be shown by proof that a legal officer or a non-practising solicitor, as the case may be —

(a)	has been guilty in Singapore or elsewhere of such misconduct unbefitting a legal officer or an advocate and solicitor as an officer of the Supreme Court or as a member of an honourable profession; or
(b)	has been adjudicated bankrupt and has been guilty of any of the acts or omissions mentioned in section 33(6)(a), (b), (c), (d), (e), (f), (h) or (i) of the Bankruptcy Act (Cap. 20).

(4) No application for an order to show cause under this section shall be made unless leave has been granted by the Chief Justice for an investigation to be made into the complaint of misconduct against the legal officer or non-practising solicitor concerned.

(5) An application for such leave shall be made by ex parte originating summons and shall be accompanied by an affidavit setting out the allegations of misconduct against the legal officer or non-practising solicitor.

(6) Where the Chief Justice is of the opinion that the applicant has made out a prima facie case for an investigation into his complaint, the Chief Justice may grant such leave and appoint a Disciplinary Committee under section 90.

(7) The Disciplinary Committee shall 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 shall be supplied to the legal officer or non-practising solicitor concerned, and to the Attorney-General if the report relates to a legal officer.

(9) Where the Disciplinary Committee finds that no cause of sufficient gravity for disciplinary action exists under this section against the legal officer or non-practising solicitor concerned, the Chief Justice shall dismiss the complaint.

(10) Where the Disciplinary Committee finds that cause of sufficient gravity for disciplinary action exists under this section against the legal officer or non-practising solicitor concerned, the Chief Justice may appoint an advocate and solicitor or a legal officer to apply by motion in the same proceedings for an order that the legal officer or the non-practising solicitor concerned be struck off the roll, prohibited from applying for a practising certificate, censured or otherwise punished, and section 98 shall apply, mutatis mutandis, to such application.

(11) On completion of the hearing of the application under subsection (10), the court may —

(a)	censure the legal officer or non-practising solicitor;
(b)	prohibit him from applying for a practising certificate for such period not exceeding 5 years as it may specify;
(c)	order that his name be struck off the roll;
(d)	order him to pay a penalty of not more than $5,000; or
(e)	make such other order as it thinks fit.

(12) The costs of and incidental to all proceedings under this section shall be in the discretion of the judge or of the court before whom the hearing has taken place.

(13) 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 or rules dealing with any point of procedure or practice, the Rules of the Supreme Court (Cap. 322, R. 1) may be followed as nearly as the circumstances permit.

(14) For the avoidance of doubt, nothing in this section shall prevent any legal officer from being subject to disciplinary action by the Legal Service Commission for any act or omission which constitutes a disciplinary offence under this section.”.

Amendment of section 83

14. Section 83 of the principal Act is amended —

(a)

by deleting the words “two years” in subsection (1) and substituting the words “5 years”;

(b)

by deleting the words “in the opinion of the court” in paragraphs (b) and (j) of subsection (2); and

(c)

by deleting paragraph (h) of subsection (2) and substituting the following paragraph:

“(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;”.

Amendment of section 85

15. Section 85 of the principal Act is amended —

(a)

by deleting subsection (1) and substituting the following subsection:

“(1) Any complaint of the conduct of an advocate and solicitor shall in the first place be made to the Society and the Council shall refer the complaint to the Chairman of the Inquiry Panel.”;

(b)

by inserting, immediately after subsection (3), the following subsection:

“(3A) Notwithstanding subsections (1), (2) and (3), where two or more complaints or information touching upon the conduct of an advocate and solicitor have been received by the Council, including any complaint which had been referred to a Disciplinary Committee under section 89, the Council may with the leave of the court refer to the Chairman of the Inquiry Panel one or more complaints or information which in its opinion are more serious in nature first and defer the referral of the remaining complaints or information.”.

(c)

by deleting the words “an application under subsection (1) or” in the first line of subsection (4);

(d)

by deleting the words “an application or” in the first line of subsection (5);

(e)

by deleting the word “application,” in the last line of subsection (5);

(f)

by deleting the words “written application or” in subsection (10);

(g)

by deleting the words “written application or” in the second line of subsection (11); and

(h)

by deleting the words “application or” in the fifth line of subsection (11).

Amendment of section 86

16. Section 86 of the principal Act is amended —

(a)

by deleting the words “an application under section 85(1) or” in the third and fourth lines of subsection (1);

(b)

by deleting the words “written application,” in the first line of subsection (6)(a);

(c)

by deleting the word “application,” in the fifth line of subsection (6)(a);

(d)

by inserting, immediately after the word “may” in the fifth line of subsection (8), the words “, after giving notice to him,”; and

(e)

by inserting, immediately after subsection (8), the following subsections:

“(8A) 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 discloses an offence under any written law, the Inquiry Committee shall record the information in its report to the Council.

(8B) Where the complainant withdraws his 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, notwithstanding such withdrawal, refer the complaint to or direct an Inquiry Committee to continue the inquiry, as the case may be, and the Inquiry Committee shall comply with the direction and all future proceedings thereon shall be taken as if the complaint had been made by the Society.

(8C) Subsections (2) to (6) of section 91 shall apply, mutatis mutandis, in relation to an Inquiry Committee as they apply in relation to a Disciplinary Committee and the references in those subsections to a Disciplinary Committee shall be read as references to an Inquiry Committee.”.

Amendment of section 87

17. Section 87 of the principal Act is amended —

(a)

by deleting paragraph (d) of subsection (1) and substituting the following paragraph:

“(d)	that the matter be adjourned for consideration or be referred back to the Inquiry Committee for reconsideration or a further report.”;

(b)

by inserting, immediately after subsection (2), the following subsection:

“(2A) Where the report of the Inquiry Committee discloses the commission of —

(a)	any other misconduct by the advocate and solicitor which has not been referred to or inquired into by the Inquiry Committee, the Council shall, if it determines that there should be a formal investigation of such misconduct, have power to prefer such charge against the advocate and solicitor as it thinks fit with respect to that misconduct; or
(b)	any offence involving fraud or dishonesty by that advocate and solicitor, the Council shall forthwith refer the matter to the police for investigation.”; and

(c)

by deleting the words “application or” in the second and in the third lines of subsection (3).

Amendment of section 88

18. Section 88 of the principal Act is amended by inserting, immediately after subsection (3), the following subsections:

“(4) Where —

(a)	no application is made to set aside an order for the payment of a penalty under subsection (1) or if the order is affirmed or varied by the court under section 95(3)(a); or
(b)	an advocate and solicitor has been reprimanded by the Council under section 94(3)(a),

the Council shall, at the expense of the advocate and solicitor, publish in the Gazette a notice of the order if the penalty payable exceeds $1,000 or the reprimand, as the case may be.

(5) Any notice under subsection (4) shall contain the name of the advocate and solicitor, the nature of the misconduct committed by him and the penalty payable by him or the reprimand, as the case may be.

(6) Where an application is made to a judge by any person under section 97(1), the Council shall 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(3).”.

Repeal and re-enactment of section 89

19. Section 89 of the principal Act is repealed and the following section substituted therefor:

“Application to appoint a Disciplinary Committee

89.—(1) Where the Council determines under section 87 that there should be a formal investigation, the Council shall forthwith apply to the Chief Justice to appoint a Disciplinary Committee which shall hear and investigate the matter.

(2) Notwithstanding subsection (1), where two or more matters are pending against an advocate and solicitor, 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.

(3) Where a Disciplinary Committee has been appointed to hear and investigate any matter against an advocate and solicitor under subsection (1) and before the commencement of the hearing of and investigation into that matter there is any other matter pending against the advocate and solicitor, the Chief Justice may, on the application of the Council, direct that Disciplinary Committee to hear and investigate the other matter or matters.

(4) Where, in the course of its investigation of any matter against an advocate and solicitor referred to it under subsection (1) or (3), a Disciplinary Committee receives information touching on or evidence of the conduct of the advocate and solicitor which may give rise to proceedings under this Part, the Disciplinary Committee may, on the application of the Council, prefer such additional charge against the advocate and solicitor as it thinks fit with respect to such misconduct and, after giving notice to him, hear and investigate such charge and section 93 shall apply to such charge accordingly.”.

Amendment of section 91

20. Section 91 (2) of the principal Act is amended —

(a)	by deleting the word “application,” in the first line;
(b)	by deleting the words “applicant or” in the fourth line; and
(c)	by deleting the words “application or” in the fifth line.

Amendment of section 92

21. Section 92 of the principal Act is amended by deleting the words “written application or” in the fifth line.

Amendment of section 94

22. Section 94 of the principal Act is amended by inserting, immediately after subsection (2), the following subsection:

“(3) If the determination of the Disciplinary Committee under section 93 is that, while no cause of sufficient gravity for disciplinary action exists under section 83, the advocate and solicitor should be reprimanded, the Council shall —

(a)	if it agrees with the determination, reprimand the advocate and solicitor; or
(b)	if it disagrees with the determination, without further direction or directions proceed to make an application in accordance with section 98.”.

New section 94A

23. The principal Act is amended by inserting, immediately after section 94, the following section:

“Society to apply to court for cases involving fraud or dishonesty

94A.—(1) Where an advocate and solicitor has been convicted of an offence involving fraud or dishonesty, whether the offence was disclosed as a result of an investigation under section 87(2A)(b) or otherwise, the Society shall, without further direction or directions, proceed to make an application in accordance with section 98.

(2) Where there is an appeal against conviction, the Society shall not make an application under subsection (1) until the appeal has been withdrawn or deemed to have been withdrawn or disposed of by the appellate court.”.

Amendment of section 96

24. Section 96 of the principal Act is amended —

(a)	by deleting the words “written application or” in the first and second lines of subsection (1); and
(b)	by deleting the words “application or” wherever they appear in subsection (2).

Amendment of section 97

25. Section 97 of the principal Act is amended —

(a)	by deleting the words “written application or complaint or the Council is dissatisfied with the determination, that person” in the eighth, ninth and tenth lines of subsection (1) and substituting the words “complaint, the advocate and solicitor or the Council is dissatisfied with the determination, that person, advocate and solicitor”; and
(b)	by inserting, immediately after the word “Council” in subsection (4), the words “or advocate and solicitor”.

Amendment of section 98

26. Section 98 of the principal Act is amended by inserting, immediately after subsection (4), the following subsection:

“(4A) An application to make absolute an order to show cause must be made by motion in the same proceedings and, unless the judge otherwise directs, there must be at least 8 clear days between the service of the notice of the motion and the day named therein for the hearing.”.

Amendment of section 103

27. Section 103 of the principal Act is amended by deleting the words “application or” wherever they appear in subsections (1) and (2).

Amendment of section 122

28. Section 122 of the principal Act is amended by deleting subsection (2).

Miscellaneous amendments

29. The principal Act is amended —

(a)

by deleting the words “in his professional capacity” in the following provisions:

Sections 85(2), (3), (4) and (5), 86(1) and 92;

(b)

by deleting the words “in a professional capacity” in section 86(6)(a); and

(c)

by inserting, immediately after the words “court of 3 judges” in the following provisions, the words “of the Supreme Court”:

Sections 49(4), 83(5), 98(6) and 102(2).

Amendment of Schedule

30. The Schedule to the principal Act is amended by inserting, immediately after sub-paragraph (f) of paragraph 1 (1), the following sub-paragraph:

“(fa)

the Council is satisfied that a sole solicitor is incapacitated by illness or accident to such an extent as to be unable to attend to his practice;”.

Savings

31.—(1) This Act, with the exception of section 29(c), shall not apply to any inquiry, investigation, application or other proceeding of a disciplinary nature commenced before the date of commencement of this Act and the principal Act in force immediately before that date shall continue to apply to that inquiry, investigation, application or proceeding as if this Act had not been enacted.

(2) Section 4 shall not apply to any legal officer who joined the Singapore Legal Service before the date of commencement of this Act and section 14(2) of the principal Act in force immediately before that date shall continue to apply to the legal officer as if this Act had not been enacted.

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