Singapore Academy of Law (Amendment) Bill

Bill No. 27/1995

Read the first time on 7th August 1995.

An Act to amend the Singapore Academy of Law Act (Chapter 294A of the 1989 Revised Edition) and to make consequential amendments to the Notaries Public Act (Chapter 208 of the 1985 Revised Edition) and the Supreme Court of Judicature Act (Chapter 322 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.—(1) This Act may be cited as the Singapore Academy of Law (Amendment) Act 1995 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

(2) The Minister may appoint different dates for the coming into operation of the different provisions of this Act.

Amendment of section 2

2. Section 2 of the Singapore Academy of Law Act (referred to in this Act as the principal Act) is amended by deleting the words “a judge of the Supreme Court” in paragraph (a) of the definition of “judge of the Supreme Court” and substituting the words “a judge of the High Court or as a judge of Appeal”.

Amendment of section 4

3. Section 4 of the principal Act is amended —

(a)

by deleting paragraphs (a) and (b) of subsection (1) and substituting the following paragraphs:

“(a)	to promote and maintain high standards of conduct and learning of the members of the legal profession in Singapore and the standing of the profession in the region and elsewhere;
(b)	to promote the advancement and dissemination of knowledge of the laws and the legal system;
(ba)	to promote legal research and scholarship and the reform and development of the law;”;

(b)

by deleting the words “legal training and education for” in subsection (1)(d) and substituting the words “for the training, education and examination by the Academy or by any other body, of ”;

(c)

by deleting the word “and” at the end of subsection (1)(f);

(d)

by deleting the full-stop at the end of paragraph (g) of subsection (1) and substituting a semi-colon, and by inserting immediately thereafter the following paragraphs:

“(h)	to appoint persons as notaries public or commissioners for oaths and to authenticate their signatures;
(i)	to undertake activities and projects relating to the study, development and operation of laws and legal systems and the facilities, information technology and infrastructure in support thereof;
(j)	to provide consultancy and other services relating to the study, development and operation of laws and legal systems and the facilities, information technology and infrastructure in support thereof; and
(k)	to exercise the functions and duties conferred on the Academy under any written law.”;

(e)

by inserting, immediately after paragraph (a) of subsection (2), the following paragraphs:

“(aa)	provide training in subjects of study relating to law, the practice of law or the administration of justice;
(ab)	appoint trustees of, and to receive, manage and administer, scholarship and other funds;”;

(f)

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

“(j)	invest the moneys and funds of the Academy in such shares, funds, securities, or investments as may be authorised by the Senate;
(k)	enter into such arrangements, agreements or joint ventures as are necessary for the attainment of its functions;
(l)	form or participate in the formation of any company for the purpose of carrying out all or any of the functions of the Academy;
(m)	levy and charge fees;
(n)	exercise such powers as may be conferred on the Academy or the Senate under any written law; and”; and

(g)

by re-lettering the existing paragraph (k) of subsection (2) as paragraph (o).

Repeal and re-enactment of section 5

4. Section 5 of the principal Act is repealed and the following section substituted therefor:

“Constitution of Senate

5.—(1) The management of the affairs of the Academy and of its properties shall be vested in a Senate which shall consist of —

(a)	the Chief Justice;
(b)	the judges of the Supreme Court;
(c)	the Attorney-General;
(d)	the Solicitor-General;
(e)	the President of the Law Society;
(f)	the Dean of the Faculty;
(g)	the Chairman of the Board; and
(h)	9 other members who are appointed by the Chief Justice after consultation with the Attorney-General, the President of the Law Society and the Dean of the Faculty.

(2) No person shall be appointed as a member of the Senate pursuant to subsection (1)(h) unless he is a member of the Academy and a citizen of Singapore.

(3) Any person appointed as a member of the Senate pursuant to subsection (1)(h) shall hold office for a term of one year and shall be eligible for reappointment on the expiration of his term of office.

(4) Any person holding office as a nominated member of the Senate immediately before the commencement of section 4 of the Singapore Academy of Law (Amendment) Act 1995 shall be deemed to have been appointed under subsection (3).”.

Amendment of section 6

5. Section 6 of the principal Act is amended by inserting, immediately after subsection (4), the following subsection:

“(5) A Vice-President of the Academy who ceases to be a member of the Senate shall cease to be Vice-President.”.

Amendment of section 7

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

“(1) The Senate may perform all such functions and exercise all such powers of the Academy as it thinks fit.”.

Amendment of section 9

7. Section 9 of the principal Act is amended by deleting subsections (1) and (2) and substituting the following subsections:

“(1) The Senate may meet at such times and places as the Senate or the President may determine.

(2) A majority of the members of the Senate shall constitute a quorum for any meeting of the Senate.”.

Amendment of section 10

8. Section 10 of the principal Act is amended —

(a)

by deleting the words “the exercise of any functions exercisable by the Senate” in the last line of subsection (1) and substituting the words “any functions or powers that may be performed or exercised by the Senate, other than the power to make rules under section 26”;

(b)

by deleting the words “members of the Senate but who shall be” in the second and third lines of subsection (3); and

(c)

by inserting, immediately after subsection (4), the following subsection:

“(5) Subsection (4) shall not apply if one of the members of the committee or board is a member of the Council of the Law Society.”.

Repeal and re-enactment of section 12

9. Section 12 of the principal Act is repealed and the following section substituted therefor:

“Fellows of Academy

12. The Fellows of the Academy shall consist of —

(a)	the President and Vice-Presidents of the Academy;
(b)	all other members of the Senate except for those appointed under section 5(1)(h);
(c)	persons who have since 1st January 1980 held office as Chief Justice, judge of the Supreme Court, Attorney-General or Solicitor-General for not less than 2 years;
(d)	honorary or associate members who are elected by the Senate as Fellows for life or for such period as the Senate may in any case consider appropriate; and
(e)	members who have been appointed as Senior Counsel under the Legal Profession Act [Cap. 161].”.

New section 24A

10. The principal Act is amended by inserting, immediately after section 24, the following section:

“Recovery of subscriptions, moneys due and full costs

24A. The Senate may recover any subscription or other moneys due and payable to the Academy and any interest thereon as a debt due to the Academy and the Academy shall be entitled to the payment of its full costs as between solicitor and client.”.

Consequential amendments to Notaries Public Act

11. The Notaries Public Act is amended —

(a)

by repealing section 2 and substituting the following section:

“Interpretation

2. In this Act, unless the context otherwise requires —

“notary public” means a person who has been appointed as a notary public under section 3 but does not include any person whose appointment has been revoked under section 5;

“Senate” means the Senate of the Singapore Academy of Law constituted under the Singapore Academy of Law Act [Cap. 294A].”;

(b)

by inserting, immediately after the words “notaries public” in section 3(1), the words “for a period not exceeding 12 months”;

(c)

by deleting the word “Attorney-General” wherever it appears in section 3 and substituting in each case the word “Senate”;

(d)

by deleting the word “his” in the last line of section 3(4) and substituting the word “its”;

(e)

by deleting the word “Attorney-General” wherever it appears in section 5 and substituting in each case the word “Senate”;

(f)

by deleting the words “under his hand” in the eleventh line of section 5;

(g)

by deleting the word “Attorney-General” in section 6 and substituting the word “Senate”;

(h)

by deleting subsection (1) of section 8 and substituting the following subsection:

“(1) The Chief Justice, after consultation with the Senate, may make rules —

(a)	for the guidance and control of persons entitled to exercise the functions of a notary public under this Act;
(b)	to fix the fees payable to such notaries;
(c)	to fix the fees payable to the Singapore Academy of Law by any person on appointment as a notary public, and on renewal of such appointment;
(d)	prescribing the powers and functions of notaries public.”; and

(i)

by renumbering section 9 as subsection (1) of that section, and by inserting immediately thereafter the following subsection:

“(2) Any person who, immediately before the date of commencement of section 11 of the Singapore Academy of Law (Amendment) Act 1995, is a notary public shall continue in office for a period of 3 months from that date and shall thereafter cease to be a notary public unless he is reappointed before the expiry of that period.”.

Consequential amendments to Supreme Court of Judicature Act

12. Section 68 of the Supreme Court of Judicature Act [Cap. 322] is amended —

(a)

by deleting the words “Chief Justice” in the first lines of subsections (2) and (3) and substituting in each case the words “Senate of the Singapore Academy of Law”;

(b)

by inserting, immediately after the words “charged by,” in the second line of subsection (3), the words “fees payable to the Singapore Academy of Law by,”;

(c)

by deleting the word “him” in the last line of subsection (3) and substituting the words “the Senate”; and

(d)

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

“(4) Any person who, immediately before the date of commencement of section 12 of the Singapore Academy of Law (Amendment) Act 1995, is a commissioner for oaths shall continue in office for a period of 3 months from that date and shall thereafter cease to be a commissioner for oaths unless he is reappointed before the expiry of that period.”.

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