| Legal Profession Act |
(Chapter 161, Section 91)
| Advocates and Solicitors (Disciplinary Proceedings) Rules |
| R 2 |
| G.N. No. S 98/1963 |
| REVISED EDITION 1990 |
| (25th March 1992) |
| [28th June 1963] |
| Citation |
| 1. These Rules may be cited as the Advocates and Solicitors (Disciplinary Proceedings) Rules. |
| Secretary to forward documents |
| 2. As soon as is practicable after the appointment of a Disciplinary Committee under section 90 of the Act, the Secretary of the Disciplinary Committee shall forward to each member of the Disciplinary Committee and to the solicitor concerned, copies of the formal application, complaint or matter and a statement of the case specifying the allegations the solicitor concerned is required to answer. |
| Application, complaint and statement of case |
| Party in person or represented by an advocate and solicitor |
| 4. The solicitor concerned shall be a competent but not a compellable witness and may appear before the Disciplinary Committee either in person or by an advocate and solicitor. |
| Failure to appear |
| 5. If any solicitor concerned fails to appear at the hearing, the Disciplinary Committee may, upon proof of service on him of the notice of hearing, proceed to hear and determine the application in his absence. |
| Documents |
| 6. Before fixing a day for the hearing, the Disciplinary Committee may, by notice, require each party to the proceedings to furnish the Disciplinary Committee and every other party with a list of the documents on which he intends to rely. There shall be at least 14 days between the service of any such notice and the day fixed therein for the hearing. Such notice shall be in the Form 3 or 4 set out in the Schedule, as shall be appropriate. |
| Inspection |
| 7. Any party may inspect the documents included in the list furnished by any other party. A copy of any document mentioned in the list furnished by any party shall, on application and on payment of the proper charges therefor by the party requiring it, be furnished to that party by the other within 3 days after receipt of such application. |
| Disciplinary Committee to hear applications in camera |
| 8. The Disciplinary Committee shall hear all applications, complaints or matters in camera and shall on completion of the proceedings record its findings and opinion in the form of a report pursuant to section 93 of the Act. The Disciplinary Committee may permit any interested person to be present in person or by solicitor. |
| Adjournments |
| 9. The Disciplinary Committee may, of its own motion or upon the application of any party, adjourn the hearing as the Disciplinary Committee shall think fit. |
| Amendments or additions to statement of case |
10. If upon the hearing it shall appear to the Disciplinary Committee that the allegations in the statement of the case require to be amended or added to, the Disciplinary Committee may permit the amendment or addition, or if in the opinion of the Disciplinary Committee the amendment or addition is not within the scope of the statement of the case, the Disciplinary Committee may require the amendment or addition to be embodied in a further statement of the case:
|
| Service of notices and documents |
| 11. Service of any notice or document may be effected under these Rules either personally or by registered A.R. letter addressed to the solicitor concerned at his place of business appearing in the list of solicitors kept by the Registrar of the Supreme Court and such service shall be deemed to be effected at the time when the letter would be delivered in the ordinary course of post. |
| Discretion of Disciplinary Committee to dispense with certain matters |
| 12. The Disciplinary Committee may dispense with any requirements of these Rules respecting notices, documents, service or time, in any case where it appears to the Disciplinary Committee to be just to do so. |
| Extension of time |
| 13. The Disciplinary Committee may extend the time for doing anything under these Rules. |
| Application of Evidence Act |
| 14. The Evidence Act [Cap. 97] shall apply in relation to proceedings before the Disciplinary Committee in the same manner as it applies in relation to civil and criminal proceedings. A finding of fact of a court of competent jurisdiction in Singapore, Malaysia or Brunei Darussalam to which proceedings the solicitor concerned was a party may be accepted by the Disciplinary Committee as conclusive. |
| Costs |
| 15. Subject to section 103 of the Act, the Disciplinary Committee shall have no power to award costs to or against the solicitor concerned in any proceedings which are subject to these Rules. |
| Subpoenas |
| 16. A subpoena issued under section 91(2) of the Act shall be in accordance with Forms 67 and 68 set out in Appendix A to the Rules of the Supreme Court, with such variations as circumstances require. [R 5.] |
| Procedure |
| 17. 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. |