Advocates and Solicitors (Amendment) Bill

Bill No. 18/1966

Read the first time on 21st April 1966.

An Act to amend the Advocates and Solicitors Ordinance (Chapter 188 of the 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 Advocates and Solicitors (Amendment) Act, 1966, and shall come into operation on such date as the Minister may, by notification in theGazette, appoint.

Amendment of section 2

2. Section 2 of the Advocates and Solicitors Ordinance (hereinafter in this Act referred to as “the Ordinance”) is hereby amended —

(a)

by deleting the words “British subject or British protected person” appearing in the definition of “qualified person” therein and substituting therefor the word “person”;

(b)

by deleting the words “of the Supreme Court of the Federation of Malaya” appearing in the definition of “qualified person” therein and substituting therefor the words “entitled to practise in the courts in any part of Malaysia”;

(c)

by inserting immediately after the words “Deputy Registrar” appearing at the end of the definition of “Registrar” therein the words “and an Assistant Registrar”; and

(d)

by deleting the definition of “Rules Committee” appearing therein and substituting therefor the following: —

“ “Rules Committee” means the Rules Committee constituted under any written law for the time being in force which has power to make rules for regulating procedure in the Supreme Court;”.

Amendment of section 5

3. Section 5 of the Ordinance is hereby amended —

(a)

by deleting the words “Such petition shall state that the petitioner is a British subject or British protected person and the grounds upon which the petitioner claims such nationality or status.” appearing in subsection (1) thereof;

(b)

by deleting the words “of the Supreme Court of the Federation of Malaya” appearing in subsection (3) thereof and substituting therefor the words “entitled to practise in the courts in any part of Malaysia”;

(c)

by deleting paragraph (b) of subsection (3) thereof and substituting therefor the following: —

“(b)

if the petitioner has obtained a certificate from the University of Singapore or the University of Malaya that he has satisfactorily completed a post-graduate practical course organized by the University — a period of not less than six months:

Provided that no period of attendance in the office in Singapore as aforesaid shall be counted for the purpose of this paragraph if the petitioner has concurrently attended the postgraduate practical course;”;

(d)

by deleting the words “Her Majesty’s dominions” appearing in the third line of subsection (5) thereof and substituting therefor the words “the Commonwealth”; and

(e)

by deleting the words “the Federation of Malaya” appearing in the seventh and eighth lines of subsection (5) thereof and substituting therefor the words “any part of Malaysia”.

Amendment of section 6

4. Subsection (3) of section 6 of the Ordinance is hereby amended —

(a)	by deleting the expression “Dominion, Indian or Colonial court” wherever it appears therein and substituting therefor the words “court in any part of the Commonwealth”; and
(b)	by deleting the marginal note thereto.

Amendment of section 7

5. Section 7 of the Ordinance is hereby amended —

(a)	by deleting the words “of the Supreme Court of the Federation of Malaya” appearing in the twelfth and thirteenth lines of subsection (1) thereof and substituting therefor the words “entitled to practise in the courts in any part of Malaysia”;
(b)	by deleting the words “of the Colony” appearing in the penultimate line of subsection (1) thereof; and
(c)	by deleting subsection (6) thereof.

Amendment of section 7A

6. Subsection (1) of section 7A of the Ordinance is hereby amended by deleting the word “Malaya” appearing in paragraph (b) thereof and substituting therefor the word “Singapore”.

Amendment of section 23

7. Section 23 of the Ordinance is hereby amended —

(a)	by deleting the words “take the oath of allegiance to Her Majesty and” appearing in subsection (1) thereof; and
(b)	by deleting the words “Oath of allegiance and payment” appearing in the marginal note thereto and substituting therefor the word “Payment”.

Amendment of section 24

8. Section 24 of the Ordinance is hereby amended —

(a)

by deleting the word “January” appearing in subsection (4) thereof and substituting therefor the word “March”;

(b)

by deleting the words “the Federation of Malaya” wherever they appear in subsection (6) thereof and substituting therefor the words “any part of Malaysia”; and

(c)

by adding thereto a new subsection as follows: —

“(9) For the purposes of subsections (1) and (3) of this section the word “year” shall mean the period from the first day of March in any year to the last day of February in the next ensuing year.”.

Amendment of section 25

9. Subsection (2) of section 25 of the Ordinance is hereby amended —

(a)	by deleting the expression “section 100 of the Courts Ordinance” appearing in paragraph (f) thereof and substituting therefor the words “any written law relating to the courts”;
(b)	by deleting the marginal note “Cap. 3.” thereto;
(c)	by deleting paragraph (j) thereof; and
(d)	by deleting the words “the Federation of Malaya” appearing in paragraph (l) thereof and substituting therefor the word “Malaysia”.

Amendment of section 30

10. Subsection (7) of section 30 of the Ordinance is hereby amended —

(a)	by deleting the words “this Colony” appearing in the sixth line thereof and substituting therefor the word “Singapore”; and
(b)	by deleting the words “Her Majesty in Council” appearing in the sixth and seventh lines thereof and substituting therefor the words “the President”.

Amendment of section 35

11. Subsection (1) of section 35 of the Ordinance is hereby amended —

(a)	by deleting the words “the Federation of Malaya” appearing in paragraph (b) thereof and substituting therefor the words “in Malaysia”;
(b)	by deleting the expression “section 100 of the Courts Ordinance” appearing in paragraph (e) thereof and substituting therefor the words “any written law relating to the courts”; and
(c)	by deleting the marginal note “Cap. 3.” thereto.

Amendment of section 44

12. Subsection (2) of section 44 of the Ordinance is hereby amended by deleting the word “Crown” appearing in the eighth line thereof and substituting therefor the word “Government”.

Amendment of section 91

13. Section 91 of the Ordinance is hereby amended by deleting the word “Crown” wherever it appears therein (including the marginal note thereto) and substituting therefor in each case the word “Government”.

Miscellaneous amendments

14.—(1) The following sections of the Ordinance are hereby amended by deleting the words “the Colony” wherever they appear therein and substituting therefor the word “Singapore”: —

Sections 2, 5(3), 24(2), 24(5), 24(6), 30(4), 30(5), 38(1), 38(3), 39(1), 39(2), 44(1), 44(2), 45(2), 46(1) and 81.

(2) The following provisions of the Ordinance are hereby amended by deleting the words “State Advocate-General” wherever they appear therein and substituting therefor the word “Attorney-General”: —

Sections 6(4), 7(1), 7A(2), 7A(3), 11(4), 24(7), 27 and marginal note, 35(1), 35(2), 44(2), 44(3), 45(2) and 47(1)

(3) Schedule III to the Ordinance is hereby amended —

(a)	by deleting the words “THE COLONY OF” appearing in the cross-heading to Form A thereof;
(b)	by deleting the words “the Colony of” appearing in paragraph 5 of Form A thereof and substituting therefor the word “Singapore”; and
(c)	by deleting the words “the Colony” appearing in paragraph 1 of Form B thereof and substituting therefor the word “Singapore”.

Transitional provision

15. Notwithstanding the provisions of section 24 of the Ordinance a certificate to practise issued between the first day of January, 1966, and the last day of February, 1967, shall be in force till the last day of February, 1967.

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