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Legal Profession (Amendment) Bill

Bill No. 20/1986

Read the first time on 25th August 1986.

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 1986.

Amendment of section 51

2. Section 51 of the Legal Profession Act (referred to in this Act as the principal Act) is amended by inserting, immediately after subsection (2), the following subsection:

“(2A) A member who has been struck off the roll or suspended from practice for a period of 6 months or more or has been convicted of an offence involving fraud or dishonesty shall not be eligible for election as a member of the Council.”.

Amendment of section 59

3. Section 59(1) of the principal Act is amended by deleting paragraph (a) and substituting the following paragraph:

“(a)	he has been struck off the roll or suspended from practice for a period of 6 months or more or has been convicted of an offence involving fraud or dishonesty;”.

Amendment of section 85

4. Section 85 of the principal Act is amended —

(a)	by deleting the words “not less than five nor more than nine advocates and solicitors” in subsection (1) and substituting the words “not less than 6 nor more than 15 advocates and solicitors”;
(b)	by inserting, immediately after the words “Chief Justice” at the end of subsection (1), the words “who shall also appoint one of the members to be the Chairman of the Inquiry Committee”; and
(c)	by deleting the words “and the appointment of a chairman” in subsection (7).

Amendment of section 86

5. Section 86 of the principal Act is amended —

(a)

by deleting subsection (2) and substituting the following subsections:

“(2) Where a written application or complaint is received by the Inquiry Committee, the Chairman of the Inquiry Committee shall forthwith constitute a Panel of the Inquiry Committee to inquire into the application or complaint.

(2A) Three members of the Inquiry Committee shall constitute a Panel of the Inquiry Committee.”;

(b)

by inserting, immediately after the words “Inquiry Committee” in the third line of subsection (3), the words “or a Panel of the Inquiry Committee”;

(c)

by inserting, immediately after the words “Inquiry Committee” in the second and in the seventh lines of subsection (4), the words “or a Panel of the Inquiry Committee”; and

(d)

by deleting subsection (5).

Amendment of section 87

6. Section 87 of the principal Act is amended by inserting, immediately after subsection (6), the following subsection:

“(7) In this section and section 88, a reference to the Inquiry Committee shall include a reference to a Panel of the Inquiry Committee.”.

Repeal and re-enactment of section 90

7. Section 90 of the principal Act is repealed and the following section substituted therefor:

“Application to appoint a Disciplinary Committee

90. Where —

(a)	the Council determines under section 88 that there should be a formal investigation;
(b)	an advocate and solicitor has been convicted of an offence of criminal breach of trust under section 409 of the Penal Code (Cap. 103) or any other offence involving fraud or dishonesty; or
(c)	the Supreme Court or any judge thereof or the Attorney-General refers to the Society any information touching upon the conduct of an advocate and solicitor in his professional capacity,

the Council shall forthwith apply to the Chief Justice to appoint a Disciplinary Committee which shall hear and investigate the matter.”.

Amendment of section 91

8. Section 91 of the principal Act is amended —

(a)

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

“(1) The Chief Justice may from time to time appoint a committee of 3 persons comprising —

(a)	an advocate and solicitor who has in force a practising certificate;
(b)	a legal officer who has at least 8 years’ service; and
(c)	a person who has regular dealings with members of the legal profession in the ordinary course of his business,

to be known for the purposes of this Act as a Disciplinary Committee.”;

(b)

by deleting the words “consist of such number of members not being less than three nor more than five as the Chief Justice may from time to time think fit and shall” in subsection (2); and

(c)

by inserting, immediately after subsection (5), the following subsection:

“(6) In this Part, “person who has regular dealings with members of the legal profession in the ordinary course of his business” means an architect, accountant, banker, company director, insurer, professional engineer, medical practitioner or a person who possesses such other qualifications as may be approved by the Chief Justice and the Attorney-General.”.

New section 92A

9. The principal Act is amended by inserting, immediately after section 92, the following section:

“Person who made the complaint, etc.

92A. Where the Supreme Court or a judge thereof or the Attorney-General has referred to the Society any information touching upon the conduct of an advocate and solicitor in his professional capacity, all references in this Part to a person who made the written application or complaint shall be construed to include a reference to the Attorney-General.”.

Amendment of section 97

10. Section 97 of the principal Act is amended —

(a)	by inserting, immediately after the word “complaint” in the eighth and ninth lines of subsection (1), the words “or the Council”;
(b)	by deleting the word “he” in the ninth line of subsection (1) and substituting the words “that person or the Council”;
(c)	by inserting, immediately after the word “applicant” in subsection (3)(b), the words “or the Council”; and
(d)	by inserting, immediately after the words “subsection (3)” in the second line of subsection (4), the words “on the application of a person other than the Council”.

Transitional provisions

11. Notwithstanding the amendments made to the provisions of the principal Act by this Act —

(a)	all persons appointed before the commencement of this Act as members of an Inquiry Committee or a Disciplinary Committee shall continue to act until their appointments have been revoked; and
(b)	all investigations, inquiries and proceedings commenced or instituted before the commencement of this Act may be carried on or continued in accordance with the provisions of the principal Act as amended by this Act with such modifications as are necessary or proper in order to bring them into conformity with those provisions.