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No. S 488

Legal Profession Act

(Chapter 161)

Legal Profession (International Services)
(Amendment) Rules 2000

In exercise of the powers conferred by sections 130I and 130J of the Legal Profession Act, the Minister for Law, after consulting the Attorney-General, hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Legal Profession (International Services) (Amendment) Rules 2000 and shall come into operation on 1st November 2000.

Amendment of rule 3

2. Rule 3 of the Legal Profession (International Services) Rules 2000 (G.N. No. S 236/2000) (referred to in these Rules as the principal Rules) is amended by deleting paragraph (4) and substituting the following paragraph:

“(4) A certificate of registration issued under paragraph (3) shall be valid for a period of 12, 24 or 36 months, as the Attorney-General may allow, from the date of its issue.”.

New rules 3A to 3D

3. The principal Rules are amended by inserting, immediately after rule 3, the following rules:

“Eligibility to practise Singapore law

3A.—(1) No foreign lawyer shall be registered to practise Singapore law unless he —

(a)

has attained the age of 21 years;

(b)

is of good character;

(c)

has been conferred —

(i)	a degree specified in the First or Second Schedule of the Legal Profession (Qualified Persons) Rules (R 15) by an institution of higher learning specified in those Schedules; or
(ii)	such other degree in law of equivalent standard by an institution of higher learning of equivalent standing acceptable to the Attorney-General;

(d)

is not the subject of any disciplinary proceedings in any jurisdiction and has not been previously disciplined for any disciplinary offence;

(e)

is not a party to any criminal or civil proceedings that may lead to disciplinary proceedings being taken against him in any jurisdiction;

(f)

is not prohibited from practising law in any jurisdiction and is not subject to any special conditions in the practice of law as a result of any criminal or civil proceedings against him in any jurisdiction;

(g)

has at least 5 years of relevant legal expertise or experience in banking or finance work;

(h)

has attended such courses of education or instruction as may be required by the Attorney-General;

(i)

has taken and passed the qualifying examination specified in rule 3C or such other examination as the Attorney-General may require; and

(j)

satisfies the Attorney-General that he is a fit and proper person to be registered to practise Singapore law in Singapore.

“(2) The Attorney-General may exempt any foreign lawyer from all or any of the requirements in paragraph (1).

Panel of examiners

3B.—(1) The qualifying examination referred to in rule 3A(1)(i) shall be administered and conducted by a panel of examiners which shall consist of —

(a)	the Attorney-General or his representative;
(b)	the Dean of the Faculty of Law of the National University of Singapore or his representative;
(c)	a member nominated by the Council who must be an advocate and solicitor of not less than 7 years’ standing; and
(d)	2 other members nominated by the Attorney-General.

(2) The Attorney-General may appoint —

(a)	such other ad hoc panel of examiners;
(b)	a Secretary to the panel of examiners; and
(c)	such other officers to assist in the administration and conduct of the qualifying examination under these Rules,

as he may consider necessary.

Qualifying examination

3C.—(1) Every foreign lawyer who intends to practise Singapore law in Singapore shall take and pass the qualifying examination referred to in rule 3A(1)(i).

(2) The qualifying examination shall be conducted once a year in June on a date to be announced in advance not later than March of each year by the panel of examiners.

(3) Notwithstanding paragraph (2), the qualifying examination shall not be held if less than 5 applications have been received by the Secretary for that examination.

(4) The qualifying examination shall —

(a)	evaluate the competence of the applicant in the law of Singapore relating to banking, finance and corporate work; and
(b)	be in such format as the panel of examiners may determine.

(5) An application by a foreign lawyer to take the qualifying examination shall be made to the Secretary at least one month before the date of the examination and shall be accompanied by —

(a)	the appropriate fee; and
(b)	such documents as the Attorney-General may require.

(6) An applicant shall not be certified as having passed the qualifying examination unless he has —

(a)	obtained in that examination the minimum score determined by the Attorney-General for each component of the examination; and
(b)	obtained such score within 2 attempts at such examination, both attempts to be taken within 12 months of each other.

(7) The Secretary shall notify every applicant of the results of the qualifying examination.

(8) In this rule, “Secretary” means the Secretary to the panel of examiners appointed under rule 3B(2).

Scope of practice

3D. Subject to section 130C(2) of the Act, a foreign lawyer who is registered to practise Singapore law under rule 3 shall only practise those areas of Singapore law relating to banking, finance or corporate work.”.

Amendment of rule 11

4. Rule 11 of the principal Rules is amended —

(a)

by deleting the words “or foreign law firm” in paragraph (1) and substituting the words “, foreign law firm or Singapore law firm”;

(b)

by deleting paragraph (3) and substituting the following paragraph:

“(3) A certificate of registration issued under paragraph (2) shall be valid for a period of 12, 24 or 36 months, as the Attorney-General may allow, from the date of its issue.”; and

(c)

by inserting, immediately after the words “foreign law firm” in the 1st and in the 5th lines of paragraph (6), the words “or Singapore law firm”.

Amendment of rule 12

5. Rule 12 of the principal Rules is amended —

(a)

by deleting the word “and” at the end of paragraph (1)(d);

(b)

by deleting the words “in Singapore.” in sub-paragraph (e) of paragraph (1) and substituting the words “in a Singapore law firm; and”, and by inserting immediately thereafter the following sub-paragraph:

“(f)	foreign lawyers registered to practise foreign law in a foreign law firm or a Joint Law Venture.”;

(c)

by deleting the comma immediately after the words “Joint Law Venture” in the 1st line of paragraph (3) and substituting the word “and”;

(d)

by inserting, immediately after the word “lawyers” in paragraph (3)(d), the word “working”;

(e)

by deleting the full-stop at the end of sub-paragraph (e) of paragraph (3) and substituting the words “working in the firm; and”, and by inserting immediately thereafter the following sub-paragraph:

“(f)	the number of years of legal experience of any lawyer working in the firm.”; and

(f)

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

“(3A) Every Singapore law firm shall notify the Attorney-General in writing of any change in any of the following particulars within 7 days of such change:

(a)	the number of foreign lawyers working in the firm;
(b)	the name, nationality and designation of any foreign lawyer working in the firm; and
(c)	the number of years of legal experience of such foreign lawyer.”.

New rule 12A

6. The principal Rules are amended by inserting, immediately after rule 12, the following rule:

“Amendment to certificates

12A. The Attorney-General may, on application by any foreign lawyer, foreign law firm, Singapore law firm, Joint Law Venture or Formal Law Alliance and on payment of the appropriate fee, amend a certificate of registration issued under these Rules.”.

Deletion and substitution of rule 13

7. Rule 13 of the principal Rules is deleted and the following rule substituted therefor:

“Power to require information, etc.

13. The Attorney-General may, for the purposes of ascertaining whether any of the provisions of the Act or these Rules or any of the conditions imposed thereunder has been complied with, require any Singapore lawyer, foreign lawyer, foreign law firm, Singapore law firm, Joint Law Venture or Formal Law Alliance to provide the Attorney-General with any documents, particulars or information in connection with or relating to —

(a)	an application for the registration of a foreign lawyer to practise foreign law or Singapore law, as the case may be; or
(b)	an application for the registration of a foreign law firm, Joint Law Venture or Formal Law Alliance or the conduct of its business.”.

Amendment of First Schedule

8. The First Schedule to the principal Rules is amended —

(a)

by deleting item 2 and substituting the following item:

“

2. Fee for certificate of registration of a foreign lawyer to practise Singapore law or renewal thereof under rule 3 (3) or (5):

(a) for a period of 12 months or part thereof

$1,000

(b) for a period of 24 months or part thereof

$2,000

$3,000.

”;

(b)

by deleting item 5 and substituting the following item:

“

5. Fee for certificate of registration of each foreign lawyer or renewal thereof under rule 11 (2) or (4):

(a) for a period of 12 months or part thereof

$100

(b) for a period of 24 months or part thereof

$200

$300.

”; and

(c)

by inserting, immediately after item 6, the following items:

“

7. Application fee for amendment to certificate of registration under rule 12A

$10.

8. Application fee for qualifying examination under rule 3C (5)

$500.

”.

Amendment of Second Schedule

9. The Second Schedule to the principal Rules is amended —

(a)

by inserting, immediately after the last paragraph of item (a) in section A of Form 3, the following paragraph:

(b)

by deleting item (b) in section A of Form 3 and substituting the following item:

(c)

by deleting the word “annually” in the last line of Form 4; and

(d)

by deleting Forms 9 and 10 and substituting the following Forms:

Made this 24th day of October 2000.

NIAM CHIANG MENG

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 32/001/8.15; AG/LEG/SL/161/97/3 Vol. 3]

(To be presented to Parliament under section 131 of the Legal Profession Act).