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No. S 313

Legal Profession Act

(Chapter 161)

Legal Profession (Disciplinary Committee
Proceedings) Rules 2002

In exercise of the powers conferred by sections 82A(14) and 91(1) of the Legal Profession Act, we, the Rules Committee, hereby make the following Rules:

Citation and commencement

1. These Rules may be cited as the Legal Profession (Disciplinary Committee Proceedings) Rules 2002 and shall come into operation on 1st July 2002.

Definitions

2.—(1) In these Rules, unless the context otherwise requires —

“Chairman” means the chairman of a Disciplinary Committee appointed by the Chief Justice under section 90 (1) (a);

“complainant” means a person —

(a)	who has made a complaint to the Society under section 85 (1); or
(b)	who has made an application under section 82A (5) for leave for an investigation to be made into a complaint against a legal officer or a non-practising solicitor;

“complaint” means a complaint of the conduct of a legal officer or a solicitor and includes any information touching upon the conduct of a solicitor that may be referred by a Judge of the Supreme Court or the Attorney-General or the Council under section 85 (2) or (3), as the case may be;

“Council” means the Council of the Society established under section 47;

“Disciplinary Committee” means a committee appointed by the Chief Justice under section 90 (1);

“Form” means a form set out in the Schedule and a form so numbered in the Schedule;

“identification number” means —

(a)	in the case of a person who is a citizen or permanent resident of Singapore and who has been issued with an identity card under the National Registration Act (Cap. 201), his Singapore identity card number (including the letters that form the prefix and suffix to the identity card number); or
(b)	in the case of any other person, the name of the country that issued his passport followed by his passport number;

“Inquiry Committee” means an Inquiry Committee constituted under section 85 (10);

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

“non-practising solicitor” means a solicitor who does not, at the time of the misconduct that he is alleged to be guilty of, have in force a practising certificate;

“party” means a party to the Disciplinary Committee proceedings;

“respondent” means the legal officer or solicitor in respect of whom a Disciplinary Committee has been appointed to hear and investigate a matter;

“Review Committee” means a Review Committee constituted under section 85 (6);

“Secretariat” means the Secretariat established by the Supreme Court to provide administrative support to a Disciplinary Committee;

“Secretary” means the secretary of a Disciplinary Committee appointed by the Disciplinary Committee under section 90 (4);

“Society” means the Law Society of Singapore established under section 37 (1);

“solicitor” means an advocate and solicitor of the Supreme Court;

“working day” means any day other than a Saturday, Sunday or a public holiday.

(2) In these Rules, a reference to a specified section is a reference to the section in the Act.

Commencement of Disciplinary Committee proceedings by Society

3.—(1) Where the Council applies to the Chief Justice under section 89 (1) to appoint a Disciplinary Committee to hear and investigate a matter against a solicitor, the Society shall, within 2 working days after the date the Council makes the application —

(a)

inform the Secretariat of the application to the Chief Justice; and

(b)

provide the Secretariat with the following information:

(i)	the full name of the solicitor concerned;
(ii)	the name of the sole proprietorship, firm of solicitors or law corporation at which the solicitor concerned practises or last practised in Singapore;
(iii)	the principal and any other address or addresses at which the solicitor concerned practises or last practised in Singapore;
(iv)	the telephone and facsimile numbers of the office or offices at which the solicitor concerned practises or last practised in Singapore;
(v)	the Singapore residential address or addresses of the solicitor concerned;
(vi)	the Singapore residential telephone number or numbers of the solicitor concerned;
(vii)	the identification number of the solicitor concerned;
(viii)	the charge or charges against the solicitor concerned;
(ix)	the name and contact particulars of the solicitor appointed to represent the Society before the Disciplinary Committee;
(x)	the names of the members of any Review Committee or Inquiry Committee to which the matter against the solicitor concerned had been referred.

(2) The solicitor appointed to represent the Society before the Disciplinary Committee shall, within 8 days after the date the Council makes the application, furnish the Secretariat with 8 copies of each of the following documents:

(a)	the complaint against the solicitor concerned;
(b)	the statement of the case in Form 1, specifying the charges and allegations that the solicitor concerned is required to answer.

Commencement of Disciplinary Committee proceedings by complainant

4.—(1) Where, on an application by a complainant under section 96 (1), a Judge of the Supreme Court makes an order under section 96 (4) (b) directing the Society to apply to the Chief Justice for the appointment of a Disciplinary Committee, the Society shall, within 2 working days after the date it makes the application to the Chief Justice —

(a)

inform the Secretariat of the application to the Chief Justice; and

(b)

provide the Secretariat with the following information:

(i)	the full name of the solicitor concerned;
(ii)	the name of the sole proprietorship, firm of solicitors or law corporation at which the solicitor concerned practises or last practised in Singapore;
(iii)	the principal and any other address or addresses at which the solicitor concerned practises or last practised in Singapore;
(iv)	the telephone and facsimile numbers of the office or offices at which the solicitor concerned practises or last practised in Singapore;
(v)	the Singapore residential address or addresses of the solicitor concerned;
(vi)	the Singapore residential telephone number or numbers of the solicitor concerned;
(vii)	the identification number of the solicitor concerned;
(viii)	a copy of the complaint originally made to the Society against the solicitor concerned;
(ix)	the name and contact particulars of the complainant and the complainant’s solicitor, if any;
(x)	the names of the members of any Review Committee or Inquiry Committee to which the matter against the solicitor concerned had been referred.

(2) The complainant shall, within 8 days after the date the Judge makes the order under section 96 (4) (b) directing the Society to apply to the Chief Justice for the appointment of a Disciplinary Committee —

(a)

provide the Secretariat with the name and contact particulars of his solicitor and an address for the service of documents; and

(b)

furnish the Secretariat with 8 copies of each of the following documents:

(i)	the complaint against the solicitor concerned;
(ii)	the statement of the case in Form 1, specifying the charges and allegations that the solicitor concerned is required to answer.

Commencement of Disciplinary Committee proceedings against legal officers and non-practising solicitors

5. Where, on an application by a complainant under section 82A (5) for leave for an investigation to be made into a complaint against a legal officer or a non-practising solicitor, the Chief Justice grants such leave and appoints a Disciplinary Committee, the complainant shall —

(a)

within 2 working days after such leave is granted, provide the Secretariat with the following information:

(i)	the full name of the legal officer or solicitor concerned;
(ii)	the name of the organisation at which the legal officer or solicitor concerned works;
(iii)	the job title or designation of the legal officer or solicitor concerned in the organisation at which he works;
(iv)	the principal and any other address or addresses at which the legal officer or solicitor concerned works;
(v)	the telephone and facsimile numbers of the office or offices at which the legal officer or solicitor concerned works;
(vi)	the Singapore residential address or addresses of the legal officer or solicitor concerned, if available;
(vii)	the Singapore residential telephone number or numbers of the legal officer or solicitor concerned, if available;
(viii)	the identification number of the legal officer or solicitor concerned, if available; and

(b)

within 8 days after such leave is granted, provide the Secretariat with the name and contact particulars of his solicitor and an address for the service of documents, and furnish the Secretariat with 8 copies of each of the following documents:

(i)	the complaint against the legal officer or solicitor concerned;
(ii)	the statement of the case in Form 2, specifying the charges and allegations that the legal officer or solicitor concerned is required to answer.

Documents to be forwarded by Secretary

6. As soon as is practicable after the appointment of a Disciplinary Committee, the Secretary shall —

(a)

forward to every member of the Disciplinary Committee and to the respondent a copy each of —

(i)	the notice in Form 3;
(ii)	the complaint against the respondent; and
(iii)	the statement of the case specifying the charges and allegations the respondent is required to answer; and

(b)

forward to the solicitor for the Society or the complainant, as the case may be, a copy of the notice in Form 3.

Representation

7.—(1) The respondent may appear before the Disciplinary Committee either in person or by a solicitor.

(2) Where the Disciplinary Committee proceedings are commenced pursuant to an application by a complainant under section 82A (5) or 96(1), the complainant shall employ a solicitor and be represented by the solicitor in the conduct of proceedings before the Disciplinary Committee.

Defence

8. The respondent shall, within 14 days after the date the notice in Form 3 is served on him, furnish —

(a)	the Secretary with 7 copies of his defence; and
(b)	every other party with one copy of his defence.

Discovery

9.—(1) Each party shall, within 28 days after the date of the notice in Form 3, furnish —

(a)	the Secretary with 7 copies of the list of documents on which he intends to rely; and
(b)	every other party with one copy of the list of documents on which he intends to rely.

(2) Any party may inspect the documents included in the list furnished by any other party within 14 days after the date the list is furnished.

(3) A copy of any document mentioned in the list furnished by any party shall, on application and on payment by the party requiring it of the proper charges, be furnished to that party by the other within 3 days after receipt of such application.

Evidence

10.—(1) At a Disciplinary Committee hearing, the evidence in chief of a witness shall be given by way of affidavit.

(2) Unless the Disciplinary Committee otherwise orders or the parties otherwise agree, the witness shall attend the Disciplinary Committee hearing for cross-examination.

(3) Where a witness does not attend the Disciplinary Committee hearing for cross-examination, his affidavit shall not be received in evidence unless —

(a)	the Disciplinary Committee gives leave for his affidavit to be received in evidence; or
(b)	his attendance at the hearing has been dispensed with by order of the Disciplinary Committee or by agreement between the parties.

(4) Unless the Disciplinary Committee otherwise orders, the evidence in chief of all witnesses shall be limited to one affidavit for each witness.

(5) Every party shall, within 2 months after the date of the notice in Form 3, furnish —

(a)

the Secretary with —

(i)	7 copies of each of the affidavits of evidence in chief of his witnesses;
(ii)	7 copies of the bundle of documents that he will be relying on or referring to in the course of the Disciplinary Committee hearing; and
(iii)	7 copies of the bundle of authorities that he will be relying on or referring to in the course of the Disciplinary Committee hearing; and

(b)

every other party with —

(i)	one copy of each of the affidavits of evidence in chief referred to in sub-paragraph (a)(i);
(ii)	one copy of the bundle of documents referred to in sub-paragraph (a)(ii); and
(iii)	one copy of the bundle of authorities referred to in sub-paragraph (a)(iii).

Subpoenas

11. An application for a writ of subpoena under section 91 (2) shall be made at the Registry of the Supreme Court in accordance with Order 38, rule 14 of the Rules of Court (Cap. 322, R 5).

Disciplinary Committee or Chairman may give directions by letter

12.—(1) The Disciplinary Committee or the Chairman may give the parties directions for the conduct of the matter by way of a letter served in accordance with rule 19.

(2) A letter containing the directions of the Disciplinary Committee or the Chairman may be signed by the Secretary or, in his absence, by an officer of the Supreme Court who is authorised to perform the duties of the Head of the Secretariat.

Pre-hearing conferences

13. The Disciplinary Committee may, of its own motion or on the application of any party, direct the parties to attend a pre-hearing conference, in order that it may make such orders or give such directions as it thinks fit for the just, expeditious and economical disposal of the matter.

Convening of Disciplinary Committee hearing

14.—(1) Unless the Disciplinary Committee or the Chairman otherwise orders, the Disciplinary Committee hearing shall be convened within 4 months after the date the Disciplinary Committee is appointed.

(2) The Secretary shall notify the parties of the date or dates fixed for the Disciplinary Committee hearing by serving a notice of the hearing in Form 4.

Disciplinary Committee to hear applications in camera

15.—(1) The Disciplinary Committee shall hear all matters in camera and shall, on completion of the proceedings, record its findings and opinion in the form of a report under section 82A (7) or 93(4), as the case may be.

(2) The Disciplinary Committee may permit a person whom it considers, in its discretion, to be an interested party to be present in person or by his solicitor.

Failure to appear

16. If the respondent fails to appear at the Disciplinary Committee hearing, the Disciplinary Committee may, upon proof of service on the respondent of the notice of the hearing in Form 4, proceed to hear and determine the Disciplinary Committee proceedings in his absence.

Adjournments

17. The Disciplinary Committee may, of its own motion or upon the application of any party, adjourn the Disciplinary Committee hearing as the Disciplinary Committee thinks fit.

Amendments or additions to statement of case

18.—(1) If it appears to the Disciplinary Committee that the allegations in a statement of the case should be amended or added to, the Disciplinary Committee may permit the amendment of or addition to the statement of the case.

(2) If the amendment or addition is allowed at the Disciplinary Committee hearing, and the amendment or addition is such as to take any party by surprise or prejudice the conduct of his case, the Disciplinary Committee shall grant an adjournment of the Disciplinary Committee hearing as the Disciplinary Committee thinks fit.

(3) If the Disciplinary Committee permits the amendment of or addition to the statement of the case, the Disciplinary Committee shall also permit the respondent to amend his defence.

Service of letters, notices and documents

19.—(1) Service of any letter, notice or document on the respondent may be effected by —

(a)

serving the letter, notice or document personally on the respondent;

(b)

leaving the letter, notice or document in an envelope addressed to the respondent —

(i)	where the respondent is a legal officer or non-practising solicitor, at the principal address at which he works and, if available, his Singapore residential address;
(ii)	where the respondent is a solicitor who has ceased to practise, at the principal address at which he last practised in Singapore and his Singapore residential address according to the records maintained by the Supreme Court; or
(iii)	where the respondent is a solicitor who is still practising, at the principal address at which he practises in Singapore;

(c)

sending the letter, notice or document by registered or ordinary post to the respondent —

(i)	where the respondent is a legal officer or non-practising solicitor, at the principal address at which he works and, if available, his Singapore residential address;
(ii)	where the respondent is a solicitor who has ceased to practise, at the principal address at which he last practised in Singapore and his Singapore residential address according to the records maintained by the Supreme Court; or
(iii)	where the respondent is a solicitor who is still practising, at the principal address at which he practises in Singapore; or

(d)

serving the letter, notice or document on the respondent’s solicitor, if any.

(2) When the Secretary or the Secretariat serves any letter, notice or document on the respondent in accordance with paragraph (1)(b), such service shall be deemed to be effected on the date the letter, notice or document is left at the address concerned or, where there is more than one address, at all of the addresses concerned.

(3) When the Secretary or the Secretariat serves any letter, notice or document on the respondent in accordance with paragraph (1)(c), such service shall be deemed to be effected on the date the letter, notice or document is delivered by the postal authority to the respondent, or 4 working days after the date the letter, notice or document is posted, whichever is earlier.

(4) Where the Disciplinary Committee proceedings are commenced pursuant to an application by a complainant under section 82A (5) or 96(1), service of any letter, notice or document on the complainant may be effected by —

(a)	leaving the letter, notice or document in an envelope addressed to the complainant at any address provided by the complainant for the service of documents;
(b)	sending the letter, notice or document by registered or ordinary post to the complainant at any address provided by the complainant for the service of documents; or
(c)	serving the letter, notice or document on the complainant’s solicitor.

(5) Where the Disciplinary Committee, on the application or instigation of any party, orders or directs the Secretariat to serve a letter, notice or document in a manner that is not prescribed in this rule, that party shall bear the expenses incurred or to be incurred by the Supreme Court in effecting service in the manner ordered or directed by the Disciplinary Committee.

Failure to comply with directions or orders

20. If any party fails to comply with —

(a)	any of the directions contained in these Rules; or
(b)	any order made or direction given by the Disciplinary Committee or the Chairman,

the Disciplinary Committee may, in its discretion, draw such inferences from the failure as it considers appropriate.

Disciplinary Committee may dispense with certain matters

21. The Disciplinary Committee may dispense with any requirements of these Rules relating to letters, notices, documents, service or time, in any case where it appears to the Disciplinary Committee to be just to do so.

Extension of time

22. The Disciplinary Committee may extend the period for doing anything under these Rules, notwithstanding that the application for extension is not made until after the expiration of that period.

Application of Evidence Act

23.—(1) The Evidence Act (Cap. 97) shall apply to proceedings before the Disciplinary Committee in the same manner as it applies to civil and criminal proceedings.

(2) The Disciplinary Committee may, in its discretion, accept as conclusive a finding of fact of a court of competent jurisdiction in Singapore to which proceedings the respondent was a party.

Costs

24.—(1) The Disciplinary Committee shall have no power to award costs to or against a legal officer or non-practising solicitor in any Disciplinary Committee proceedings commenced against the legal officer or non-practising solicitor.

(2) Except as provided in section 93 (2), the Disciplinary Committee shall have no power to award costs to or against a solicitor in any Disciplinary Committee proceedings commenced against the solicitor.

Procedure

25. Subject to these Rules, the Disciplinary Committee shall have power to regulate its own proceedings, and in doing so, the Disciplinary Committee shall have regard to the practice and procedure of the courts.

Revocation and transitional provisions

26.—(1) The Advocates and Solicitors (Disciplinary Proceedings) Rules (R 2) are revoked.

(2) Notwithstanding paragraph (1), the Advocates and Solicitors (Disciplinary Proceedings) Rules shall continue to apply to any Disciplinary Committee proceedings in which the Disciplinary Committee was appointed by the Chief Justice before 1st July 2002.

Made this 28th day of June 2002.

YONG PUNG HOW

Chief Justice.

CHAN SEK KEONG
Attorney-General.

CHAO HICK TIN
Judge of Appeal.
LAI KEW CHAI
Judge.

JUDITH PRAKASH
Judge.

TAN LEE MENG
Judge.

WOO BIH LI
Judicial Commissioner.

RICHARD R. MAGNUS
Senior District Judge.

LAU WING YUM
District Judge.

MICHAEL KHOO KAH LIP
Advocate and Solicitor.

R.E. MARTIN
Advocate and Solicitor.

[RSCS L5A, RSCS R7/7; AG/LEG/SL/161/2002/1 Vol. 1]