Legal Profession (Qualified Persons) (Amendment) Rules 2015

No. S 492

Legal Profession Act

(CHAPTER 161)

Legal Profession (Qualified Persons)
(Amendment) Rules 2015

In exercise of the powers conferred by sections 2(2), 12(6) and 14(4) of the Legal Profession Act, the Minister for Law, after consulting the Board of Directors of the Singapore Institute of Legal Education, makes the following Rules:

Citation and commencement

1.—(1) These Rules may be cited as the Legal Profession (Qualified Persons) (Amendment) Rules 2015 and, with the exception of rule 3(d), come into operation on 17 August 2015.

(2) Rule 3(d) is deemed to have come into operation on 16 March 2015.

Amendment of rule 1

2. Rule 1(2) of the Legal Profession (Qualified Persons) Rules (R 15) (referred to in these Rules as the principal Rules) is amended —

(a)

by inserting, at the end of sub-paragraph (a), the word “and”;

(b)

by deleting sub-paragraph (b) and substituting the following sub‑paragraph:

“(b)	provide for the matters referred to in section 14(4) of the Act.”; and

(c)

by deleting sub-paragraphs (c) and (d).

Amendment of rule 2

3. Rule 2 of the principal Rules is amended —

(a)

by inserting, immediately after sub-paragraph (A) of paragraph (a)(i) of the definition of “approved twinning programme”, the following sub‑paragraph:

“(AA)

any degree specified in the Second Schedule which is conferred on or after 1 January 1997 but before 1 January 2025;”;

(b)

by deleting sub-paragraphs (A) to (E) of paragraph (a)(ii) of the definition of “approved twinning programme” and substituting the following sub‑paragraphs:

“(A)	if that degree is conferred on or after 1 January 1997 but before 28 July 2003, one or more of the other institutions of higher learning specified in the First and Second Schedules and the National University of Singapore;
(B)	if that degree is conferred on or after 28 July 2003 but before 1 January 2004, one or more of the other institutions of higher learning specified in the First, Second and Third Schedules and the National University of Singapore;
(C)	if that degree is conferred on or after 1 January 2004 but before 1 August 2005, one or more of the other institutions of higher learning specified in the First, Second, Third and Fifth Schedules and the National University of Singapore;
(D)	if that degree is conferred on or after 1 August 2005 but before 1 April 2008, one or more of the other institutions of higher learning specified in the First, Second, Third, Fourth and Fifth Schedules and the National University of Singapore;
(E)	if that degree is conferred on or after 1 April 2008 but before 1 January 2025, one or more of the other institutions of higher learning specified in the First, Second, Third, Fourth and Fifth Schedules, the National University of Singapore and the Singapore Management University; or
(F)	if that degree is conferred on or after 1 January 2025, one or more of the other institutions of higher learning specified in the First, Third, Fourth and Fifth Schedules, the National University of Singapore and the Singapore Management University; and”;

(c)

by deleting the definitions of “Diploma in Singapore Law” and “Legal Service Officer”;

(d)

by deleting the definition of “relevant legal officer”; and

(e)

by inserting, immediately after the word “First,” in the definition of “relevant non‑law degree”, the word “Second,”.

Deletion of rules 6 and 7

4. Rules 6 and 7 of the principal Rules are deleted.

Deletion and substitution of rule 8

5. Rule 8 of the principal Rules is deleted and the following rule substituted therefor:

“Persons conferred degrees of Bachelor of Laws by institutions in United Kingdom

8.—(1) Subject to rules 10 and 11, a person who is conferred a degree of Bachelor of Laws by an institution of higher learning in the United Kingdom will be a qualified person if —

(a)	that person is a citizen or permanent resident of Singapore;
(b)	that institution of higher learning is an institution of higher learning in the United Kingdom specified in the First Schedule;
(c)	that degree is a degree of Bachelor of Laws specified for that institution of higher learning in the First Schedule;
(d)	that person is conferred that degree on or after 1 January 1997;
(e)	that person has attained at least lower second class honours or the equivalent thereof in relation to that degree;
(f)	that person has passed Part A of the Singapore Bar Examinations; and
(g)	after that person has passed the final examination for that degree, for a period of not less than 6 months within a continuous period of 8 months, that person has received relevant legal training, has been engaged in relevant legal practice or work, or has received relevant legal training and been engaged in relevant legal practice or work.

(2) Subject to rules 10 and 11, a person who is conferred a degree of Bachelor of Laws by an institution of higher learning in the United Kingdom will be a qualified person if —

(a)	that person is a citizen or permanent resident of Singapore;
(b)	that institution of higher learning is an institution of higher learning specified in the Second Schedule;
(c)	that degree is a degree of Bachelor of Laws specified for that institution of higher learning in the Second Schedule;
(d)	that person is admitted before 1 October 2015 as a candidate for that degree;
(e)	that person is conferred that degree on or after 1 January 1997 but before 1 January 2025;
(f)	that person has attained at least lower second class honours or the equivalent thereof in relation to that degree;
(g)	that person has passed Part A of the Singapore Bar Examinations; and
(h)	after that person has passed the final examination for that degree, for a period of not less than 6 months within a continuous period of 8 months, that person has received relevant legal training, has been engaged in relevant legal practice or work, or has received relevant legal training and been engaged in relevant legal practice or work.”.

Amendment of rule 9

6. Rule 9 of the principal Rules is amended —

(a)

by deleting paragraphs (1), (2) and (2A) and substituting the following paragraphs:

“(1) Subject to rules 10 and 11, a person who is conferred a degree of Bachelor of Laws by an institution of higher learning in Australia or New Zealand will be a qualified person if —

(a)	that person is a citizen or permanent resident of Singapore;
(b)	that institution of higher learning is an institution of higher learning in Australia or New Zealand specified in the First Schedule;
(c)	that degree is a degree of Bachelor of Laws specified for that institution of higher learning in the First Schedule;
(d)	that person commenced reading on or after 1 January 1994 a course of study as a candidate for that degree;
(e)	that person has been ranked by that institution of higher learning as being amongst the highest 70%, in terms of academic performance, of the total number of the graduates in the same batch who have been conferred the degree or degrees specified in the First Schedule in respect of that institution of higher learning;
(f)	that person has passed Part A of the Singapore Bar Examinations; and
(g)	after that person has passed the final examination for that degree, for a period of not less than 6 months within a continuous period of 8 months, that person has received relevant legal training, has been engaged in relevant legal practice or work, or has received relevant legal training and been engaged in relevant legal practice or work.

(2) Subject to rules 10 and 11, a person who is conferred a degree of Bachelor of Laws by an institution of higher learning in Australia will be a qualified person if —

(a)	that person is a citizen or permanent resident of Singapore;
(b)	that institution of higher learning is an institution of higher learning specified in the Third Schedule;
(c)	that degree is a degree of Bachelor of Laws specified for that institution of higher learning in the Third Schedule;
(d)	that person is conferred that degree on or after 28 July 2003;
(e)	that person has been ranked by that institution of higher learning as being amongst the highest 70%, in terms of academic performance, of the total number of the graduates in the same batch who have been conferred the degree or degrees specified in the Third Schedule in respect of that institution of higher learning;
(f)	that person has passed Part A of the Singapore Bar Examinations; and
(g)	after that person has passed the final examination for that degree, for a period of not less than 6 months within a continuous period of 8 months, that person has received relevant legal training, has been engaged in relevant legal practice or work, or has received relevant legal training and been engaged in relevant legal practice or work.

(2A) Subject to rules 10 and 11, a person who is conferred a degree of Bachelor of Laws by an institution of higher learning in Australia will be a qualified person if —

(a)	that person is a citizen or permanent resident of Singapore;
(b)	that institution of higher learning is an institution of higher learning specified in the Fourth Schedule;
(c)	that degree is a degree of Bachelor of Laws specified for that institution of higher learning in the Fourth Schedule;
(d)	that person is conferred that degree on or after 1 August 2005;
(e)	that person has been ranked by that institution of higher learning as being amongst the highest 70%, in terms of academic performance, of the total number of the graduates in the same batch who have been conferred the degree or degrees specified in the Fourth Schedule in respect of that institution of higher learning;
(f)	that person has passed Part A of the Singapore Bar Examinations; and
(g)	after that person has passed the final examination for that degree, for a period of not less than 6 months within a continuous period of 8 months, that person has received relevant legal training, has been engaged in relevant legal practice or work, or has received relevant legal training and been engaged in relevant legal practice or work.”;

(b)

by deleting the words “paragraphs (1)(a), (2)(a) and (2A)(a)” in paragraph (3) and substituting the words “paragraphs (1)(e), (2)(e) and (2A)(e)”; and

(c)

by deleting the words “Citizens and permanent residents of Singapore conferred degrees of Bachelor of Laws from” in the rule heading and substituting the words “Persons conferred degrees of Bachelor of Laws by”.

Amendment of rule 9A

7. Rule 9A of the principal Rules is amended —

(a)

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

“(1) Subject to rules 10 and 11, a person who is conferred a degree of Doctor of Jurisprudence by an institution of higher learning in the United States of America will be a qualified person if —

(a)	that person was a citizen or permanent resident of Singapore at the time that person was conferred that degree;
(b)	that person is a citizen or permanent resident of Singapore;
(c)	that institution of higher learning is an institution of higher learning specified in the Fifth Schedule;
(d)	that degree is a degree of Doctor of Jurisprudence specified for that institution of higher learning in the Fifth Schedule;
(e)	that person is conferred that degree on or after 1 January 2004;
(f)	that person has been ranked by that institution of higher learning as being amongst the highest 70%, in terms of academic performance, of the total number of the graduates in the same batch who have been conferred the degree specified in the Fifth Schedule in respect of that institution of higher learning;
(g)	that person has passed Part A of the Singapore Bar Examinations; and
(h)	after that person has passed the final examination for that degree, for a period of not less than 6 months within a continuous period of 8 months, that person has received relevant legal training, has been engaged in relevant legal practice or work, or has received relevant legal training and been engaged in relevant legal practice or work.”;

(b)

by deleting the words “paragraph (1)(b)” in paragraph (2) and substituting the words “paragraph (1)(f)”; and

(c)

by deleting the words “Citizens and permanent residents of Singapore” in the rule heading and substituting the word “Persons”.

Amendment of rule 10

8. Rule 10 of the principal Rules is amended —

(a)	by deleting the words “as provided in paragraph (2) or” in paragraph (1);
(b)	by deleting the words “rule 7 or 8(1), (2) or (3)” in paragraph (1) and substituting the words “rule 8(1) or (2)”;
(c)	by deleting paragraph (2); and
(d)	by deleting the words “rules 7, 8, 9 and 9A” in the rule heading and substituting the words “rules 8, 9 and 9A”.

Amendment of rule 11

9. Rule 11 of the principal Rules is amended —

(a)

by deleting the words “rule 8(3)” in paragraph (1) and substituting the words “rule 8”;

(b)

by deleting the words “the First Schedule” in paragraph (2)(a) and substituting the words “the First or Second Schedule”; and

(c)

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

“(4) Paragraphs (1) and (3) do not apply to a person if —

(a)

the person —

(i)	is conferred, by any institution of higher learning specified in the First, Third, Fourth or Fifth Schedule, any degree of Bachelor of Laws or degree of Doctor of Jurisprudence specified for that institution of higher learning in the applicable Schedule; or
(ii)	is admitted before 1 October 2015, by any institution of higher learning specified in the Second Schedule, as a candidate for any degree of Bachelor of Laws specified for that institution of higher learning in that Schedule, and is conferred that degree on or after 1 January 1997 but before 1 January 2025;

(b)

before the person commenced reading the course of study leading to the degree mentioned in sub‑paragraph (a)(i) or (ii) (called in this paragraph the second course), the person had commenced reading a course of study leading to any of the following degrees (called in this paragraph the first course):

(i)	any degree of Bachelor of Laws or degree of Doctor of Jurisprudence that is conferred by an institution of higher learning specified in the First, Second, Third, Fourth or Fifth Schedule, and that is specified for that institution of higher learning in the applicable Schedule, other than the degree mentioned in sub‑paragraph (a)(i) or (ii);
(ii)	a degree of Bachelor of Laws conferred by the National University of Singapore;
(iii)	a degree of Bachelor of Laws or degree of Doctor of Jurisprudence conferred by the Singapore Management University;

(c)

the person is given credit for the second course on account of the person’s participation in the first course; and

(d)

the total period of the person’s participation in both the first course and the second course is not less than 3 academic years.”.

Amendment of rule 12

10. Rule 12 of the principal Rules is amended by inserting, immediately after the word “First,”, the word “Second,”.

Deletion of rules 13 and 14

11. Rules 13 and 14 of the principal Rules are deleted.

Amendment of rule 15A

12. Rule 15A of the principal Rules is amended —

(a)	by deleting the words “rule 6, 7, 8(1), (2) or (3)” in paragraph (1) and substituting the words “rule 8(1) or (2)”;
(b)	by deleting the words “rule 6(c)(ii), 7(c)(ii), 8(1)(iii)(B), (2)(iii)(B) or (3)(ii)(B)(BB), 9(1)(b)(ii)(B), (2)(b)(ii)(B) or (2A)(b)(ii)(B) or 9A(1)(c)(ii)(B)” in paragraph (1) and substituting the words “rule 8(1)(g) or (2)(h), 9(1)(g), (2)(g) or (2A)(g) or 9A(1)(h)”;
(c)	by deleting the words “rule 6(c)(i), 7(c)(i), 8(1)(iii)(A), (2)(iii)(A) or (3)(ii)(B)(BA), 9(1)(b)(ii)(A), (2)(b)(ii)(A) or (2A)(b)(ii)(A) or 9A(1)(c)(ii)(A)” in paragraph (1) and substituting the words “rule 8(1)(f) or (2)(g), 9(1)(f), (2)(f) or (2A)(f) or 9A(1)(g)”; and
(d)	by deleting paragraphs (2) and (3).

Amendment of rule 16

13. Rule 16 of the principal Rules is amended by deleting paragraph (2) and substituting the following paragraph:

“(2) Upon an application made to the Minister by any person referred to in rule 8(1) or (2), 9(1), (2) or (2A) or 9A(1), the Minister may, after consulting the Institute, exempt the person from —

(a)	any of the requirements under rule 8(1)(a) to (g) or (2)(a) to (h), 9(1)(a) to (g), (2)(a) to (g) or (2A)(a) to (g) or 9A(1)(a) to (h), as the case may be; or
(b)	any provision of rule 10, 11 or 12.”.

Deletion of rule 17

14. Rule 17 of the principal Rules is deleted.

Deletion and substitution of First and Second Schedules

15. The First and Second Schedules to the principal Rules are deleted and the following Schedules substituted therefor:

“FIRST SCHEDULE

Rules 2, 8(1), 9(1) and
(3), 11(2) and (4) and 12

Institutions of Higher Learning and
Degrees in Law Conferred

Country

Institution

Degree

United Kingdom

1.	University of Birmingham

LL.B (Honours)

2.	University of Bristol

LL.B (Single Honours)

3.	University of Cambridge

B.A. Law

4.	University of Durham

LL.B (Honours)

5.	King’s College, London, University of London

LL.B (Honours)

6.	London School of Economics and Political Science, University of London

LL.B (Honours)

7.	Queen Mary and Westfield College, University of London

LL.B (Honours)

8.	University College, University of London

LL.B (Honours)

9.	University of Nottingham

LL.B (Honours)

10.	University of Oxford

B.A. (Honours) Jurisprudence

11.	University of Warwick

LL.B (Honours)

Australia

1.	Monash University

LL.B, LL.B (Honours)

2.	University of Melbourne

LL.B, LL.B (Honours)

3.	University of New South Wales

LL.B

4.	University of Sydney

LL.B, LL.B (Honours)

New Zealand

1.	University of Auckland

LL.B, LL.B (Honours)

2.	Victoria University of Wellington

LL.B, LL.B (Honours).

SECOND SCHEDULE

Rules 2, 8(2), 11(2) and (4) and 12

Institutions of Higher Learning and
Degrees in Law Conferred

Country

Institution

Degree

United Kingdom

1.	University of Exeter

LL.B (Honours)

2.	University of Leeds

LL.B (Honours)

3.	University of Leicester

LL.B (Honours)

4.	University of Liverpool

LL.B (Honours)

5.	School of Oriental and African Studies, University of London

LL.B (Honours)

6.	University of Manchester

LL.B (Honours)

7.	University of Sheffield

LL.B (Honours)

8.	University of Southampton

LL.B (Honours)

”.

[G.N. Nos. S 348/2003; S 145/2004; S 493/2005; S 217/2006; S 587/2006; S 187/2008; S 331/2009; S 243/2011; S 290/2014]

Made on 3 August 2015.

NG HOW YUE

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 32/001/8.1 V8; AG/LEGIS/SL/161/2015/9 Vol. 1]

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

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