8. The principal Rules are amended by inserting, immediately after rule 12, the following Part:“PART 2A REGISTRATION OF law expert under section 36PA OF ACT |
Qualifications and requirements for registration and renewal of registration |
12A.—(1) For the purposes of section 36PA(2) of the Act, an application may be made for a law expert to be registered if —(a) | at the time the application is made, the law expert is not a foreign lawyer; | (b) | the law expert is sufficiently proficient in the English language to conduct any relevant proceedings or relevant appeal; | (c) | the law expert has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the capacity of a legal practitioner by whatever name called in any jurisdiction; | (d) | there is an order of the Singapore International Commercial Court, or of the Court of Appeal, permitting the law expert to make submissions, in any relevant proceedings under rule 3(2)(e) or in any relevant appeal from any judgment given or order made in those proceedings, on a question of foreign law on behalf of a party to those proceedings or that appeal; and | (e) | the law expert undertakes to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law. |
(2) An application may be made for the renewal of the registration of a law expert if —(a) | the law expert has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the capacity of a legal practitioner by whatever name called in any jurisdiction; | (b) | there is an order of the Singapore International Commercial Court, or of the Court of Appeal, permitting the law expert to make submissions on a question of foreign law in, and on behalf of a party to —(i) | any pending relevant proceedings under rule 3(2)(e); or | (ii) | any pending relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e); and |
| (c) | the law expert undertakes to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law. |
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Application for registration as law expert |
12B.—(1) An application to the Registrar for a law expert to be registered must —(a) | contain the following particulars of the law expert:(i) | the law expert’s name, nationality and designation; | (ii) | the name of the law practice (if any) that employs or is affiliated with the law expert, and the jurisdiction in which that law practice provides legal services; | (iii) | the name of any other institution or organisation that employs or is affiliated with the law expert; | (iv) | the address of —(A) | the law expert’s place of business in Singapore, if any; or | (B) | the law expert’s overseas place of business, if the law expert has no place of business in Singapore; |
| (v) | the electronic mail address of the law expert; |
| (b) | state that the law expert agrees that —(i) | any letter, notice or document may be served on the law expert by the secretary, the Secretariat or any other person —(A) | in accordance with rule 27(1)(b) or (c), at that address or any other address provided under rule 12G(3) in place of that address; or | (B) | in accordance with rule 27(1)(e), at that electronic mail address or any other electronic mail address provided under rule 12G(3) in place of that electronic mail address; and |
| (ii) | such service is to be treated as good and sufficient service of the letter, notice or document on the law expert; |
| (c) | be made in Form 4A; and | (d) | be accompanied by the appropriate non‑refundable fee specified in the Third Schedule. |
(2) The application must be supported by an affidavit of the law expert that —(a) | confirms the particulars of the law expert mentioned in paragraph (1)(a); | (b) | states that the law expert is sufficiently proficient in the English language to conduct any relevant proceedings or relevant appeal; | (c) | states that the law expert has read and understood, and agrees to abide by, the Code of Ethics; | (d) | states that the law expert is not a foreign lawyer; | (e) | states that the law expert has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the capacity of a legal practitioner by whatever name called in any jurisdiction; | (f) | exhibits a copy of an order of the Singapore International Commercial Court, or of the Court of Appeal, permitting the law expert to make submissions on a question of foreign law in, and on behalf of a party to —(i) | any relevant proceedings under rule 3(2)(e); or | (ii) | any relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e); |
| (g) | exhibits a document setting out the law expert’s qualifications and experience in relation to that question of foreign law; and | (h) | exhibits an undertaking by the law expert to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law. |
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Application for renewal of registration of law expert |
12C.—(1) An application to the Registrar for the renewal of the registration of a law expert must —(a) | contain the following particulars of the law expert:(i) | the law expert’s name, nationality and designation; | (ii) | the name of the law practice (if any) that employs or is affiliated with the law expert, and the jurisdiction in which that law practice provides legal services; | (iii) | the name of any other institution or organisation that employs or is affiliated with the law expert; | (iv) | the address of —(A) | the law expert’s place of business in Singapore, if any; or | (B) | the law expert’s overseas place of business, if the law expert has no place of business in Singapore; |
| (v) | the electronic mail address of the law expert; |
| (b) | state that the law expert agrees that —(i) | any letter, notice or document may be served on the law expert by the secretary, the Secretariat or any other person —(A) | in accordance with rule 27(1)(b) or (c), at that address or any other address provided under rule 12G(3) in place of that address; or | (B) | in accordance with rule 27(1)(e), at that electronic mail address or any other electronic mail address provided under rule 12G(3) in place of that electronic mail address; and |
| (ii) | such service is to be treated as good and sufficient service of the letter, notice or document on the law expert; |
| (c) | be made in Form 4B; and | (d) | be accompanied by the appropriate non‑refundable fee specified in the Third Schedule. |
(2) The application must be supported by an affidavit of the law expert that —(a) | confirms the particulars of the law expert mentioned in paragraph (1)(a); | (b) | states any changes to any information provided in support of the law expert’s last application under paragraph (1) or rule 12B(1); | (c) | states that the law expert has read and understood, and agrees to abide by, the Code of Ethics; | (d) | states that the law expert is not a foreign lawyer; | (e) | states that the law expert has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the capacity of a legal practitioner by whatever name called in any jurisdiction; | (f) | states whether the registration of the law expert that is the subject of the application, any earlier registration of the law expert under section 36PA of the Act, or any earlier full registration or restricted registration of the law expert as a foreign lawyer under section 36P of the Act, has been cancelled or suspended and, if so, the details of and circumstances relating to the cancellation or suspension; | (g) | exhibits a copy of an order of the Singapore International Commercial Court, or of the Court of Appeal, permitting the law expert to make submissions on a question of foreign law in, and on behalf of a party to —(i) | any pending relevant proceedings under rule 3(2)(e); or | (ii) | any pending relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e); |
| (h) | exhibits a document setting out the law expert’s qualifications and experience in relation to that question of foreign law; and | (i) | exhibits an undertaking by the law expert to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law. |
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Registrar may grant or refuse application |
12D.—(1) The Registrar may grant or refuse an application made under rule 12B(1) or 12C(1) in respect of a law expert.(2) The Registrar must, within 14 days after the later of the date on which the application is made or the date on which all information required to process the application is submitted to the Registrar —(a) | inform the law expert whether the Registrar has granted the application; and | (b) | if the Registrar has not granted the application, invite the law expert to submit on why the application should be granted. |
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(3) The Registrar must, before refusing the application, give the law expert a reasonable opportunity to be heard by the Registrar. |
(4) The decision of the Registrar to grant or refuse the application is final. |
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Period of validity or renewal of registration |
12E.—(1) Every registration under section 36PA of the Act is valid for one year, unless the registration is sooner cancelled or suspended under section 36PA(5) or (7) or 36U of the Act.(2) Every renewal of a registration under section 36PA of the Act is for one year, unless the registration is sooner cancelled or suspended under section 36PA(5) or (7) or 36U of the Act. |
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Certificate of registration |
12F.—(1) Subject to paragraph (3), if an application under rule 12B(1) is granted, the Registrar may issue a certificate of registration for the period of validity of the registration.(2) Subject to paragraph (3), if an application under rule 12C(1) is approved, the Registrar may issue a certificate of registration for the period of the renewal of the registration. |
(3) The Registrar may, on application by a registered law expert and on payment of the appropriate non‑refundable fee (if any) specified in the Third Schedule —(a) | issue the law expert a certificate of registration; | (b) | amend the law expert’s certificate of registration; or | (c) | issue a certified true copy of the law expert’s certificate of registration. |
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(4) When a law expert’s registration is cancelled under section 36PA(5) or (7) or 36U of the Act, the law expert’s certificate of registration ceases to be in force. |
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Register of registered law experts |
12G.—(1) The Registrar is to maintain, in such form and manner as the Registrar thinks fit, a register of every law expert who is registered under section 36PA of the Act. (2) Upon the registration of a law expert, the Registrar is to enter in the register under paragraph (1) the following particulars of the law expert:(a) | the law expert’s name, nationality and designation; | (b) | the name of the law practice (if any) that employs or is affiliated with the law expert, and the jurisdiction in which that law practice provides legal services; | (c) | the name of any other institution or organisation that employs or is affiliated with the law expert; | (d) | the address of —(i) | the law expert’s place of business in Singapore, if any; or | (ii) | the law expert’s overseas place of business, if the law expert has no place of business in Singapore; |
| (e) | the electronic mail address of the law expert. |
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(3) A registered law expert must, within 7 days after there is any change to any particulars of the foreign lawyer provided in an application under rule 12B(1) or 12C(1), notify the Registrar in writing of the change. |
(4) If a law expert fails to comply with paragraph (3), the Registrar may take into account the failure when deciding whether to grant or refuse a later application under rule 12B(1) or 12C(1) in respect of the law expert. |
(5) The Registrar may do any of the following in relation to the register under paragraph (1):(a) | correct any error in the register; | (b) | make any necessary alteration to the register as a result of any change in circumstances or particulars; | (c) | upon the request of a registered law expert, remove the name of that law expert from the register. |
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(6) The Registrar may make any information in the register under paragraph (1) available to any person in such form and manner as the Registrar thinks fit.”. |
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