Legal Profession (Amendment) Bill

Bill No. 12/1984

Read the first time on 29th June 1984.

An Act to amend the Legal Profession Act (Chapter 217 of the Revised Edition).

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

Short title

1. This Act may be cited as the Legal Profession (Amendment) Act 1984.

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 word “or” at the end of paragraph (b) of the definition of “qualified person”; and

(b)

by inserting, at the end of paragraph (c) of the definition of “qualified person”, the word “or”, and by inserting immediately thereafter the following paragraph:

“(d)	is in possession of such other degree or qualification as may be declared by the Minister under section 5A and has obtained a certificate from the Board under that section;”.

New section 5A

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

“Power of Minister and Board as to recognition of foreign qualifications

5A.—(1) The Minister may, on the advice of the Board, by notification in the Gazette declare any degree or qualification to be sufficient to qualify the holder thereof for admission as an advocate and solicitor subject to his obtaining a certificate under this section.

(2) No holder of any degree or qualification declared under subsection (1) shall be deemed to be a qualified person unless he satisfies the Board that he has attained a sufficient standard to be a qualified person and has obtained a certificate to that effect from the Board.

(3) The Board may, before granting any certificate under subsection (2), impose such conditions or requirements as it thinks fit to be complied with by an applicant who is the holder of a declared degree or qualification.”.

Amendment of section 9

4. Section 9 (1) of the principal Act is amended by inserting, immediately after the words “section 13” in paragraph (b), the words “or Hong Kong practitioner under section 13A”.

New section 13A

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

“Admission of Hong Kong practitioners

13A.—(1) Subject to this section, a Hong Kong practitioner who, for a continuous period of not less than 3 years immediately preceding his petition for admission, has been in active practice in Hong Kong as a barrister or solicitor may be admitted as an advocate and solicitor without being required to serve any period of pupillage or to attend any course of instruction or to pass any examination.

(2) A Hong Kong practitioner shall not be admitted as an advocate and solicitor under subsection (1) unless either the Board or the Attorney-General certifies that by reason of his qualifications and experience he is a fit and proper person to be admitted as an advocate and solicitor.

(3) Section 15 shall apply with the necessary modifications to any petition for admission under this section as it applies to a petition for admission under section 13(2).

(4) The following provisions shall apply to a Hong Kong practitioner who is admitted as an advocate and solicitor under this section:

(a)	he shall not practise as an advocate and solicitor unless he is a partner or associate of or is employed by an advocate and solicitor of at least 12 years’ standing;
(b)	if he has practised as an advocate and solicitor in accordance with the restriction under paragraph (a) for a period of at least 2 years and has during that period resided in Singapore for at least 12 months in the aggregate, he shall be entitled to practise as an advocate and solicitor without being subject to that restriction.

(5) The Minister may exempt any Hong Kong practitioner from subsection (4)(a) where he is of the opinion that the Hong Kong practitioner is of sufficient standing and experience to be so exempted.

(6) In this section —

“associate”, in relation to an advocate and solicitor, means a person who is neither a partner nor employee of that advocate and solicitor but carries on practice in the same office and maintains separate accounts;

“Hong Kong practitioner” means any person who is entitled to practise as a barrister or solicitor in Hong Kong.”.

Repeal of sections 19 to 25

6. Sections 19 to 25 of the principal Act are repealed.

Amendment of section 48

7. Section 48 of the principal Act is amended —

(a)

by deleting the words “three hundred dollars” in subsection (4) and substituting “$500”; and

(b)

by deleting subsection (5) and substituting the following subsection:

“(5) Within one week of the end of each month the Society shall, out of each annual subscription received by the Society during that month, pay to the Board —

(a)	in the case of a subscription paid by a practitioner member of not less than 5 years’ standing, a sum of $120; and
(b)	in the case of a subscription paid by a practitioner member of less than 5 years’ standing, a sum of $60.”.

Amendment of section 53

8. Section 53(1) of the principal Act is amended —

(a)	by deleting the word “October” and substituting the word “September”; and
(b)	by deleting the word “November” in paragraphs (a) and (b) and substituting in each case the word “October”.

Saving

9. Notwithstanding the repeal of sections 19 to 25 of the principal Act by this Act, those sections shall continue to apply to any person who is an articled clerk immediately before the commencement of the Legal Profession (Amendment) Act 1984 as if those sections had not been repealed.

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