Singapore Academy of Law Rules - Singapore Statutes Online

Singapore Academy of Law Act

(Chapter 294A, Section 27)

Singapore Academy of Law Rules

R 1

G.N. No. S 34/2002

REVISED EDITION 2002

(30th September 2002)

[19th January 1989]

Citation

1. These Rules may be cited as the Singapore Academy of Law Rules.

Definitions

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

“committee” means —

(a)	the Publications Committee;
(b)	the Committee on Legal Education and Studies;
(c)	the Law Reform Committee;
(d)	the Membership and Social Committee;
(e)	the Professional Affairs Committee;
(f)	the Board of Commissioners for Oaths and Notaries Public;
(g)	the Council of Law Reporting;
(h)	the LawNet Management Committee;
(i)	the Electronic Litigation Committee; [S 392/2012 wef 15/08/2012]
(j)	the Legal Heritage Committee;
(k)	the Promotion of Singapore Law Committee; or [S 493/2010 wef 02/09/2010]
(l)	any other committee or board appointed by the Senate to carry out such duties as may be directed by the Senate,

but does not include the Executive Committee referred to in rule 5;

“Faculty” means the Faculty of Law of the National University of Singapore;

“goods and services tax” means the prevailing goods and services tax payable under the Goods and Services Tax Act (Cap. 117A);

[S 493/2010 wef 02/09/2010]

“School” means the School of Law of the Singapore Management University;

“subscription year” means the calendar year or part thereof for which a member is liable to pay an annual subscription under rule 3.

[S 493/2010 wef 02/09/2010]

[S 472/2009 wef 09/10/2009]

Annual subscriptions

3.—(1) The annual subscriptions (inclusive of goods and services tax) payable to the Academy, by the categories of members set out in the Fourth Schedule, shall be as specified in that Schedule.

[S 493/2010 wef 02/09/2010]

(1A) For the purposes of paragraph (1), the category of a member is determined as at 1st January of each subscription year, or the date when the member first becomes a member, whichever is the later date.

[S 493/2010 wef 02/09/2010]

(2) The annual subscription of a person who is a Fellow of the Academy by virtue of section 12 (c) or (d) of the Act shall be waived where he does not have in force a practising certificate and is not any of the following:

(a)	a member of the Senate;
(b)	a Legal Service Officer;
(c)	a teacher in law at any university or institution of higher learning; or
(d)	a person employed to perform legal work or the duties of a lawyer by the Government, a statutory body, a corporation or an unincorporated association.

(3) The annual subscription of every associate member who is a law student shall, unless otherwise directed by the Senate, be waived so long as the associate member remains a law student.

(4) Annual subscriptions shall be payable within 30 days of becoming a member and in respect of each subsequent calendar year thereafter shall be payable in advance on or before 1st January of that year.

(5) Where a member’s annual subscription is in arrears for more than 30 days, the Executive Committee may withdraw the privileges of the Academy from the member.

(6) The withdrawal of privileges from any member shall not prejudice the right of the Academy to recover the arrears of membership subscription due from the member.

(7) The Senate may, if it thinks fit, waive all or any part of the annual subscriptions.

Waiver of annual subscriptions

4.—(1) Where any member will, for any period of not less than 6 months —

(a)	be continuously absent from Singapore;
(b)	not be ordinarily resident or domiciled in Singapore;
(c)	not be in the profession of law; or
(d)	not be gainfully employed,

the Executive Committee may, on his application, waive the annual subscription or subscriptions payable in respect of such period as the Committee thinks fit.

(2) Any application for waiver under paragraph (1) shall —

(a)	be made in writing one month prior to or during the period to which the application relates, and in any case not later than 3 months after the expiry of each period of 6 months referred to in paragraph (1) unless the Executive Committee agrees otherwise; and
(b)	set out the grounds and circumstances upon which the applicant is seeking the waiver of subscriptions.

(3) For the purposes of paragraph (1), a member shall be deemed not to be in the profession of law where he does not have in force a practising certificate and is not any of the following:

(a)	a member of the Senate;
(b)	a Legal Service Officer; [S 472/2009 wef 09/10/2009]
(c)	a teacher in law at any university or institution of higher learning;
(d)	a person employed to perform legal work or the duties of a lawyer by the Government, a statutory body, a corporation or an unincorporated association; or
(e)	such other person who, in the opinion of the Executive Committee, is carrying on activities so closely connected to the law or the profession of law as to be regarded as being in the profession of law.

Executive Committee

5.—(1) There shall be an Executive Committee consisting of —

(a)	the President of the Academy;
(b)	the Vice-Presidents of the Academy; and
(c)	the chairman of any committee appointed by the Senate. [S 498/2006 wef 22/08/2006]

(2) The Senate may entrust to and confer upon the Executive Committee any of the powers exercisable by the Senate upon such terms and conditions and with such restrictions as the Senate thinks fit.

(3) The Senate may, from time to time, revoke, withdraw, alter or vary all or any such powers conferred upon the Executive Committee.

(4) The quorum for a meeting of the Executive Committee shall be 4 members of the Executive Committee of whom one must be either the President or a Vice-President of the Academy.

(5) [Deleted by S 498/2006 wef 22/08/2006]

Publications Committee

6.—(1) There shall be a Publications Committee which shall consist of a chairman and not less than 6 other members appointed by the Senate.

(2) The Publications Committee shall —

(a)	take charge of the publications of the Academy; and
(b)	carry out such other duties as may be assigned by the Senate.

Committee on Legal Education and Studies

7.—(1) There shall be a Committee on Legal Education and Studies which shall consist of a chairman and not less than 8 other members appointed by the Senate.

(2) The Committee on Legal Education and Studies shall —

(a)	organise round-table discussions, workshops, seminars, conferences, meetings, debates, lectures and training courses for the members of the Academy;
(b)	study and advise on training and accreditation schemes for the members of the Academy; [S 498/2006 wef 22/08/2006]
(c)	organise executive conferences in business and law for members and non-members of the Academy; and
(d)	carry out such other duties as may be assigned by the Senate.

Law Reform Committee

8.—(1) There shall be a Law Reform Committee which shall consist of a chairman and not less than 5 other members appointed by the Senate.

(2) The Law Reform Committee shall —

(a)	make recommendations to the authorities on the need for legislation in any particular area or subject of the law;
(b)	review any legislation before Parliament and make recommendations for changes (if any) to be made to the legislation;
(c)	examine different branches of the law with a view to reform, including making recommendations to the authorities for carrying out such law reform; and
(d)	carry out such other duties as may be assigned by the Senate.

Membership and Social Committee

9.—(1) There shall be a Membership and Social Committee which shall consist of —

(a)

a chairman who shall be a member of the Academy;

(b)

a Legal Service Officer nominated by the President of the Legal Service Commission;

[S 472/2009 wef 09/10/2009]

(c)

an advocate and solicitor nominated by the Council of the Law Society;

(d)

a person nominated by the Faculty or the School, as the Chief Justice shall determine; and

[S 472/2009 wef 09/10/2009]

(e)

3 other persons nominated by the Chief Justice after consultation with —

(i)	the Attorney-General;
(ii)	the President of the Law Society; and
(iii)	the Dean of the Faculty or the Dean of the School, as the Chief Justice shall determine. [S 472/2009 wef 09/10/2009]

(2) The Membership and Social Committee shall —

(a)	manage all matters relating to membership including the collection and waiver of and other matters in connection with annual subscriptions;
(b)	carry out activities to promote the mission of the Academy;
(c)	organise networking, social and other activities to promote and build up the membership of the Academy; and
(d)	carry out such other duties as may be assigned by the Senate.

Professional Affairs Committee

10.—(1) There shall be a Professional Affairs Committee appointed by the Senate which shall consist of —

(a)

a chairman who shall be a member of the Senate;

(b)

one Legal Service Officer nominated by the President of the Legal Service Commission;

[S 472/2009 wef 09/10/2009]

(c)

one advocate and solicitor nominated by the Council of the Law Society;

(d)

one person nominated by the Faculty or the School, as the Chief Justice shall determine; and

[S 472/2009 wef 09/10/2009]

(e)

5 other persons nominated by the Chief Justice after consultation with —

(i)	the Attorney-General;
(ii)	the President of the Law Society; and
(iii)	the Dean of the Faculty or the Dean of the School, as the Chief Justice shall determine. [S 472/2009 wef 09/10/2009]

(2) The Professional Affairs Committee shall —

(a)	provide a forum where all issues relating to the law, lawyers, the administration of justice and other legal matters may be discussed with a view to making recommendations for improvements; and
(b)	carry out such other duties as may be assigned by the Senate.

Board of Commissioners for Oaths and Notaries Public

11.—(1) There shall be a Board of Commissioners for Oaths and Notaries Public (referred to in this rule as the Board) appointed by the Senate which shall consist of —

(a)	a chairman who shall be a member of the Senate;
(b)	one judicial officer nominated by the Chief Justice;
(c)	one public officer nominated by the Minister for Law;
(d)	one advocate and solicitor nominated by the Law Society; and
(e)	a secretary.

(2) The Board shall have the power —

(a)	to appoint and reappoint commissioners for oaths and notaries public and to revoke or suspend existing appointments;
(b)	to inquire into complaints against persons alleged to have acted in breach of the conditions of their appointments as commissioners for oaths or notaries public and where appropriate to revoke or suspend their appointments;
(c)	to review the fees payable to commissioners for oaths and notaries public and, if the Board thinks fit, make recommendations to the Senate for amendments to such fees;
(d)	to make recommendations to the appropriate authority for the enactment of new legislation or the amendment of existing legislation in relation to all matters concerning commissioners for oaths and notaries public; and
(e)	to carry out such other duties as may be assigned by the Senate.

(3) [Deleted by S 498/2006 wef 22/08/2006]

(4) For the purpose of conducting inquiries under paragraph (2)(b), the Board may establish its own practice and regulate its own procedure.

Authentication of signature of notary public

11A.—(1) Every certificate for the authentication by the Academy of the signature of a notary public shall be signed by an officer of the Academy or an agent appointed by the Senate under section 24(4) of the Act.

(2) Every such certificate shall be sealed with the seal set out in the First Schedule.

(3) The fee (inclusive of goods and services tax) payable to the Academy for the authentication by the Academy of the signature of a notary public shall be specified in the Second Schedule.

[S 461/2008 wef 15/09/2008]

Council of Law Reporting

12.—(1) There shall be a Council of Law Reporting which shall consist of a chairman and not less than 3 other members appointed by the Senate.

(2) The Council of Law Reporting shall —

(a)	decide on policies and strategies relating to the reproduction and dissemination of law reports;
(b)	advise on the arrangements for law reporting of Singapore cases;
(c)	advise on copyright issues pertaining to judgments and headnotes;
(d)	decide on the selection criteria for the reporting of cases; and
(e)	carry out such other duties as may be assigned by the Senate.

LawNet Management Committee

13.—(1) There shall be a LawNet Management Committee which shall consist of —

(a)	a chairman who shall be a member of the Senate;
(b)	one or more deputy chairmen as appointed by the Senate;
(c)	a person nominated by the Chief Executive of the Info-communications Development Authority of Singapore;
(d)	the President of the Law Society or his nominee;
(e)	the Dean of the Faculty or the Dean of the School, as the Chief Justice shall determine, or the nominee of that Dean; [S 472/2009 wef 09/10/2009]
(f)	the Registrar, Supreme Court;
(fa)	the Chief Executive, Judiciary Administration and Operations, Supreme Court; [S 577/2013 wef 01/09/2013]
(g)	the Chief District Judge; [S 392/2012 wef 15/08/2012]
(h)	the Registrar, State Courts; [S 163/2014 wef 07/03/2014]
(i)	the Clerk of Parliament;
(j)	the Registrar of Titles;
(k)	the Registrar of Companies, Businesses and Partnerships; [S 533/2005 wef 10/08/2005]
(l)	the Registrar of Trade Marks and Patents;
(m)	a person nominated by the Attorney-General;
(n)	the Project Director of LawNet appointed by the Senate;
(o)	the Technical Director of LawNet appointed by the Senate; and
(p)	not less than 3 other persons appointed by the Senate.

(2) The LawNet Management Committee shall —

(a)	set global objectives and policy guidelines for the use of LawNet and legal information technology within the legal and business sectors;
(b)	appoint working groups for specific projects and modules within LawNet, and set objectives for, provide policy guidance to, approve work plans and proposals of, and review the progress of, the working groups;
(c)	monitor and review the use of LawNet services, and provide policy and service guidelines for the promotion of LawNet services;
(d)	liaise with and supervise the LawNet network service operator on all service standards and guidelines;
(e)	approve LawNet charges; and
(f)	carry out such other duties as may be assigned by the Senate.

Electronic Litigation Committee

13A.—(1) There shall be an Electronic Litigation Committee which shall consist of —

(a)	a chairman who shall be a member of the Senate; [S 577/2013 wef 01/09/2013]
(aa)	the chairman of the LawNet Management Committee; [S 577/2013 wef 01/09/2013]
(b)	the Registrar, Supreme Court;
(ba)	the Chief Executive, Judiciary Administration and Operations, Supreme Court; [S 577/2013 wef 01/09/2013]
(c)	the Chief District Judge; [S 392/2012 wef 15/08/2012]
(d)	the Deputy Registrar, Supreme Court;
(e)	the Registrar, State Courts; [S 163/2014 wef 07/03/2014]
(f)	the President of the Law Society or his nominee;
(g)	a person nominated by the Chief Executive of the Info-communications Development Authority of Singapore;
(h)	the Project Director of Electronic Litigation Systems appointed by the Senate; and
(i)	not less than 3 other members appointed by the Senate.

[S 392/2012 wef 15/08/2012]

(2) The Electronic Litigation Committee shall —

(a)	study and periodically review the info-communications technology needs of the litigation sector;
(b)	promote appropriate info-communications technologies in order to facilitate the litigation process;
(c)	superintend the implementation of info-communications technology systems by the Judiciary and LawNet for use in the litigation process;
(d)	appoint working groups for specific projects and objectives; and
(e)	carry out such other duties as may be assigned by the Senate. [S 533/2005 wef 10/08/2005]

[S 392/2012 wef 15/08/2012]

Legal Heritage Committee

13B.—(1) There shall be a Legal Heritage Committee which shall consist of —

(a)	a chairman who shall be a member of the Senate; and
(b)	not less than 5 other members appointed by the Senate.

(2) The Legal Heritage Committee shall —

(a)	carry out activities to preserve and document, or to promote a greater awareness of, Singapore’s legal history; and
(b)	carry out such other duties as may be assigned by the Senate. [S 533/2005 wef 10/08/2005]

Promotion of Singapore Law Committee

13C.—(1) There shall be an Promotion of Singapore Law Committee which shall consist of —

(a)	a chairman who shall be a member of the Senate; and
(b)	not less than 8 other members appointed by the Senate. [S 493/2010 wef 02/09/2010]

(2) The Promotion of Singapore Law Committee shall —

(a)	carry out activities to disseminate the knowledge of Singapore law internationally and domestically, and to promote the use of Singapore law in commercial transactions; [S 493/2010 wef 02/09/2010]
(b)	appoint working groups for specific projects and objectives; and
(c)	carry out such other duties as may be assigned by the Senate. [S 533/2005 wef 10/08/2005] [S 493/2010 wef 02/09/2010]

LawNet fees

14.—(1) The fees payable to the Academy by a LawNet content provider, LawNet service provider or LawNet network service operator shall be as set out in the Third Schedule.

[S 461/2008 wef 15/09/2008]

(2) The Executive Committee may waive the whole or any part of the fees payable by a LawNet content provider, LawNet service provider or LawNet network service operator under paragraph (1) in respect of any information, data or service provided under LawNet for any period as the Executive Committee may in its discretion decide.

(3) Notwithstanding paragraph (1), the Academy may enter into separate agreements with a LawNet content provider, LawNet service provider or LawNet network service operator for different fees for any of the information, filing, electronic or such other services as may be provided by the LawNet content provider, LawNet service provider or LawNet network service operator.

(4) For the purposes of this rule and the Third Schedule —

“LawNet content provider” means a provider of data or information content through LawNet;

“LawNet network service operator” means —

(a)	a technical operator who provides content hosting services, gateway services, or network billing and account services; or
(b)	a service bureau operator providing a counter service by which LawNet information, filing and other electronic services are made available;

“LawNet service provider” means a provider of information, data, filing or other electronic services through LawNet.

[S 461/2008 wef 15/09/2008]

Quorum

15. The quorum for a meeting of any committee shall be 4 members of that committee.

Non-voting members

15A.—(1) The chairman of any committee may co-opt any number of non-voting members, except that the number of non-voting members shall not exceed the number of voting members.

(2) For the purposes of paragraph (1) —

(a)	a member of any committee appointed by the Senate shall be a voting member; and
(b)	a person co-opted by the chairman of any committee shall be a non-voting member. [S 498/2006 wef 22/08/2006]

Delegation of duties

16. The Executive Committee and any committee may at any time appoint a sub-committee consisting of —

(a)	at least one member from the Executive Committee or the committee, as the case may be;
(b)	any number of members of the Academy; and
(c)	any number of persons who are not members of the Academy,

to perform or carry out such tasks as may be directed by the Executive Committee or the committee, as the case may be.

[S 13/2014 wef 03/12/2013]

17. [Deleted by S 435/2007 wef 21/08/2007]

Resolutions in writing

18.—(1) The President or a Vice-President of the Academy may, if he thinks fit, propose any resolution for the consideration of the Executive Committee without convening a meeting by giving a copy of the proposed resolution in writing to all members of the Executive Committee present in Singapore.

(2) The chairman of any committee may, if he thinks fit, propose any resolution for the consideration of the committee without convening a meeting by giving a copy of the proposed resolution in writing to all members of the committee present in Singapore.

(3) Where a resolution proposed under paragraph (1) or (2) has been approved in writing by a majority of the members who have signified their decision in writing on the proposed resolution (including the proposer of the resolution) within such time as may be specified in the proposal, the resolution shall be as valid and effectual as if it had been passed at a meeting, duly convened and held, of the Executive Committee or the committee concerned.

(4) Notwithstanding paragraph (3), no resolution shall have effect under that paragraph unless not less than 4 members of the Executive Committee or the committee concerned, as the case may be, have signified their decision in writing on the proposed resolution within the time specified in the proposal.

19. [Deleted by S 435/2007 wef 21/08/2007]

20. [Deleted by S 435/2007 wef 21/08/2007]

Expulsion of members

21.—(1) Where the Executive Committee is of the opinion that a member is guilty of conduct which renders him unfit to be a member or would bring the Academy into disrepute, the Executive Committee may submit a report to the Senate with a recommendation that the membership of the member be terminated by the Senate.

(2) The Senate may, if it thinks fit, convene a disciplinary board consisting of a chairman and 2 members to inquire into the matter and report to the Senate.

(3) A member whose conduct is inquired into by a disciplinary board shall be given an opportunity in writing to justify or explain his conduct.

Accounts, etc., need not be circulated to certain members

22. Copies of the documents referred to in section 21(2) of the Act need not be circulated to the following classes of members:

(a)	members whose memberships have been suspended under section 16(3) of the Act;
(b)	members whose annual subscriptions have been waived under rule 4;
(c)	members who cannot be located.

Conditions for circulation of summary financial statement

23. The Academy may circulate to members copies of the summary financial statement, the auditor’s report on the financial statements and statement by the auditor as to whether the summary financial statement is consistent with the financial statements and the auditor’s report thereon, referred to in section 21 (2) ( b) of the Act, if —

(a)

the summary financial statement has been approved by the Senate;

(b)

the original statement has been signed by a member of the Senate on behalf of the Senate;

(c)

the summary financial statement bears the name of that member; and

(d)

the summary financial statement includes the following statement in a prominent position:

“This summary financial statement is derived from the Academy’s financial statements and auditors’ report thereon, which are available for inspection by all members of the Academy at the premises of the Academy during the Academy’s office hours. Any member who wishes to have copies of the financial statements and auditor’s report may notify the Academy; and the Academy shall furnish these free of charge to that member within 21 days of its receipt of the member’s notification.”.

Contents of summary financial statement

24. The summary financial statement referred to in section 21 of the Act shall contain the following information:

(a)

objectives of the Academy;

(b)

a consolidated profit and loss accounts of the Academy, as audited and laid before the Senate, comprising —

(i)	total income;
(ii)	total expenditure;
(iii)	surplus or deficit before taxation;
(iv)	amount payable in tax;
(v)	surplus or deficit after taxation;
(vi)	amount transferred to grants and other funds;
(vii)	net surplus or deficit for the year;

(c)

a consolidated balance sheet, as audited and laid before the Senate, comprising —

(i)	fixed assets;
(ii)	deferred expenditure and tax assets;
(iii)	funds with fund managers;
(iv)	current assets;
(v)	current liabilities;
(vi)	grants;
(vii)	other funds;
(viii)	accumulated funds;

(d)

material changes to the structure of Academy;

(e)

a summary of significant related party dealings;

(f)

statistics regarding composition of members.

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