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Contents

Long Title

Part I PRELIMINARY

Part II ADMISSION OF ADVOCATES AND SOLICITORS

Division 1 — Board of Legal Education

Division 2 — Qualified persons

Part III PRACTISING CERTIFICATES

Part IV PRIVILEGES OF ADVOCATES AND SOLICITORS

Part V THE LAW SOCIETY OF SINGAPORE

Division 1 — Establishment, purposes and powers of Society

Division 2 — Members of Society and subscriptions

Division 3 — Council of Society

Division 4 — Election of members of Council

Division 5 — Officers of Council

Division 6 — Powers of Council

Division 7 — Proceedings of Council

Division 8 — General meetings of Society

Part VI PROFESSIONAL PRACTICE, CONDUCT AND DISCIPLINE OF SOLICITORS

Part VIA LAW CORPORATIONS

Part VIB LIMITED LIABILITY LAW PARTNERSHIPS

Part VII DISCIPLINARY PROCEEDINGS

Part VIII REMUNERATION RECEIVED BY SINGAPORE LAW PRACTICES OR SOLICITORS, OR IN RESPECT OF PRACTICE OF SINGAPORE LAW

Part IX RECOVERY AND TAXATION OF COSTS

Part IXA JOINT LAW VENTURES, FORMAL LAW ALLIANCES, FOREIGN LAW PRACTICES, REPRESENTATIVE OFFICES, FOREIGN LAWYERS, AND SOLICITORS PRACTISING IN JOINT LAW VENTURES OR FOREIGN LAW PRACTICES

Part X MISCELLANEOUS

FIRST SCHEDULE Intervention in Solicitor’s Practice

SECOND SCHEDULE Inadequate Professional Services

Legislative History

Comparative Table

 
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PART VII
DISCIPLINARY PROCEEDINGS
Jurisdiction of Supreme Court over solicitors and legal officers
82.
—(1)  Any person duly admitted as an advocate and solicitor and any legal officer shall be an officer of the Supreme Court.
[41/93]
(2)  The provisions of any written law which imposes on officers of the Supreme Court any restrictions as to practice as advocates or solicitors shall not apply to any advocate and solicitor by virtue only of subsection (1).
Disciplinary proceedings against legal officers and non-practising solicitors
82A.
—(1)  This Part, with the exception of this section and sections 82, 90, 91, 91A, 94A, 98 to 102, 104, 105 and 106, shall not apply to any legal officer or any advocate and solicitor who does not at the time of the misconduct have in force a practising certificate (referred to in this section as a non-practising solicitor).
[41/93; 20/2007; 19/2008]
(2)  All legal officers and non-practising solicitors shall be subject to the control of the Supreme Court and shall be liable on due cause shown to be punished in accordance with this section.
(3)  Such due cause may be shown by proof that a legal officer or a non-practising solicitor, as the case may be —
(a)
has been guilty in Singapore or elsewhere of such misconduct unbefitting a legal officer or an advocate and solicitor as an officer of the Supreme Court or as a member of an honourable profession; or
(b)
has been adjudicated bankrupt and has been guilty of any of the acts or omissions mentioned in section 124(5)(a), (b), (c), (d), (e), (f), (h), (i), (k), (l) or (m) of the Bankruptcy Act (Cap. 20).
[15/95]
(4)  No application for a legal officer or non-practising solicitor to be punished under this section shall be made unless leave has been granted by the Chief Justice for an investigation to be made into the complaint of misconduct against the legal officer or non-practising solicitor concerned.
[19/2008]
(5)  An application for such leave shall be made by ex parte originating summons and shall be accompanied by an affidavit setting out the allegations of misconduct against the legal officer or non-practising solicitor.
(6)  Where the Chief Justice is of the opinion that the applicant has made out a prima facie case for an investigation into his complaint, the Chief Justice may grant such leave and appoint a Disciplinary Tribunal under section 90.
[19/2008]
(6A)  Notwithstanding subsection (6), the Chief Justice may refuse to grant leave for an investigation to be made into a complaint of misconduct against a legal officer or non-practising solicitor if the application for such leave is made after the expiration of the period of —
(a)
6 years from the date of the alleged misconduct; or
(b)
where the complaint relates to any fraud alleged to have been committed by the legal officer or non-practising solicitor, 6 years from the earliest date on which the applicant discovered the fraud or could with reasonable diligence have discovered it, if that period expires later than the period referred to in paragraph (a).
[19/2008]
(7)  The Disciplinary Tribunal shall hear and investigate into the complaint and submit its findings of fact and law in the form of a report to the Chief Justice.
[19/2008]
(8)  A copy of the report shall be supplied to the legal officer or non-practising solicitor concerned, and to the Attorney-General if the report relates to a legal officer.
(9)  Where the Disciplinary Tribunal finds that no cause of sufficient gravity for disciplinary action exists under this section against the legal officer or non-practising solicitor concerned, the Chief Justice shall dismiss the complaint.
[19/2008]
(10)  Where the Disciplinary Tribunal finds that cause of sufficient gravity for disciplinary action exists under this section against the legal officer or non-practising solicitor concerned, the Chief Justice may appoint an advocate and solicitor or a legal officer to apply by summons in the same proceedings for an order that the legal officer or the non-practising solicitor concerned be struck off the roll, prohibited from applying for a practising certificate, censured or otherwise punished.
[42/2005; 19/2008]
(11)  Section 98 shall apply, with the necessary modifications, to any application under subsection (10).
(12)  On completion of the hearing of the application under subsection (10), the court may —
(a)
censure the legal officer or non-practising solicitor;
(b)
prohibit him from applying for a practising certificate for such period not exceeding 5 years as it may specify;
(c)
order that his name be struck off the roll;
(d)
order him to pay a penalty of not more than $20,000; or
(e)
make such other order as it thinks fit.
[19/2008]
(13)  The costs of and incidental to any proceedings under this section shall be in the discretion of the Disciplinary Tribunal, Judge or court hearing those proceedings.
[19/2008]
(13A)  A Disciplinary Tribunal may, in making any order on costs under subsection (13), specify the amount of those costs or direct that the amount be taxed by the Registrar.
[19/2008]
(14)  Subject to this section, the Rules Committee may make rules for regulating and prescribing the procedure and practice to be followed in connection with proceedings under this section and in the absence of any rule dealing with any point of procedure or practice, the Rules of Court (Cap. 322, R 5) may be followed as nearly as the circumstances permit.
(15)  For the avoidance of doubt, nothing in this section shall prevent any legal officer from being subject to disciplinary action by the Legal Service Commission for any act or omission which constitutes a disciplinary offence under this section.
Power to strike off roll, etc.
83.
—(1)  All advocates and solicitors shall be subject to the control of the Supreme Court and shall be liable on due cause shown —
(a)
to be struck off the roll;
(b)
to be suspended from practice for a period not exceeding 5 years;
(c)
to pay a penalty of not more than $100,000;
(d)
to be censured; or
(e)
to suffer the punishment referred to in paragraph (c) in addition to the punishment referred to in paragraph (b) or (d).
[19/2008]
(2)  Such due cause may be shown by proof that an advocate and solicitor —
(a)
has been convicted of a criminal offence, implying a defect of character which makes him unfit for his profession;
(b)
has been guilty of fraudulent or grossly improper conduct in the discharge of his professional duty or guilty of such a breach of any usage or rule of conduct made by the Council under the provisions of this Act as amounts to improper conduct or practice as an advocate and solicitor;
(c)
has been adjudicated bankrupt and has been guilty of any of the acts or omissions mentioned in section 124(5)(a), (b), (c), (d), (e), (f), (h), (i), (k), (l) or (m) of the Bankruptcy Act (Cap. 20);
(d)
has tendered or given or consented to retention, out of any fee payable to him for his services, of any gratification for having procured the employment in any legal business of himselfor any other advocate and solicitor;
[8/2011 wef 03/05/2011]
(e)
has, directly or indirectly, procured or attempted to procure the employment of himself or any advocate and solicitor through or by the instruction of any person to whom any remuneration for obtainingsuch employment has been given by him or agreed or promised to beso given;
[8/2011 wef 03/05/2011]
(f)
has accepted employment in any legal business through a person who has been proclaimed a tout under any written law relating thereto;
(g)
allows any clerk or other unauthorised person to undertake or carry on legal business in his name, that other person not being under such direct and immediate control of his principal as to ensure that he does not act without proper supervision;
(h)
has been guilty of such misconduct unbefitting an advocate and solicitor as an officer of the Supreme Court or as a member of an honourable profession;
(i)
carries on by himself or any person in his employment any trade, business or calling that detracts from the profession of law or is in any way incompatible with it, or is employed in any such trade, business or calling;
(j)
has contravened any of the provisions of this Act in relation thereto if such contravention warrants disciplinary action; or
(k)
has been disbarred, struck off, suspended or censured in his capacity as a legal practitioner by whatever name called in any other country.
[41/93; 15/95]
(3)  Pupils shall, with the necessary modifications, be subject to the same jurisdiction as can be exercised over advocates and solicitors under this Part; but in lieu of an order striking him off the roll or suspending him, an order may be made prohibiting the pupil from applying to the court for admission until after a date specified in the order.
[42/2005]
(4)  The jurisdiction given by subsection (3) shall be exercised by a single Judge.
(5)  In any proceedings under this Part, the court may in addition to the facts of the case take into account the past conduct of the person concerned in order to determine what order should be made.
(6)  In any proceedings instituted under this Part against an advocate and solicitor consequent upon his conviction for a criminal offence, an Inquiry Committee, a Disciplinary Tribunal and a court of 3 Judges of the Supreme Court referred to in section 98 shall accept his conviction as final and conclusive.
[15/89; 41/93; 19/2008]
Appointment of Inquiry Panel
84.
—(1)  For the purpose of enabling Inquiry Committees to be constituted in accordance with this Part, the Chief Justice shall appoint a panel (referred to hereinafter as the Inquiry Panel) consisting of such number of advocates and solicitors (whether in practice or not) and lay persons as the Chief Justice may determine.
[30/86; 15/89; 35/2001]
(2)  An advocate and solicitor shall be eligible to be appointed as a member of the Inquiry Panel if he has not less than 7 years’ standing.
[19/2008]
(3)  A member of the Inquiry Panel shall be appointed for a term of 2 years and shall be eligible for reappointment.
[15/89]
(4)  The Chief Justice may at any time remove from office any member of the Inquiry Panel or fill any vacancy in its membership.
(5)  The Chief Justice shall appoint, from among the members of the Inquiry Panel who are advocates and solicitors of not less than 12 years’ standing, the Chairman and the Deputy Chairman of the Inquiry Panel.
[19/2008]
Complaints against advocates and solicitors
85.
—(1)  Any complaint of the conduct of an advocate and solicitor —
(a)
shall be made to the Society in writing;
(b)
shall include a statement by the complainant —
(i)
as to whether, to his knowledge, any other complaint has been made to the Society against the advocate and solicitor, by him or by any other person, which arises from the same facts as his complaint; and
(ii)
if so, setting out such particulars of each such complaint as the Council may require and he is able to provide; and
(c)
shall be supported by such statutory declaration as the Council may require, except that no statutory declaration shall be required if the complaint is made by any public officer.
[19/2008]
(1A)  Subject to subsection (4A), the Council shall refer every complaint which satisfies the requirements of subsection (1) to the Chairman of the Inquiry Panel.
[19/2008]
(2)  The Council may on its own motion refer any information touching upon the conduct of an advocate and solicitor to the Chairman of the Inquiry Panel.
[15/89; 41/93]
(3)  Any Judge of the Supreme Court or the Attorney-General may at any time refer to the Society any information touching upon the conduct of an advocate and solicitor and the Council shall —
(a)
refer the matter to the Chairman of the Inquiry Panel; or
(b)
where the Judge or the Attorney-General requests that the matter be referred to a Disciplinary Tribunal, apply to the Chief Justice to appoint a Disciplinary Tribunal.
[30/86; 15/89; 41/93; 35/2001; 19/2008]
(3A)  Notwithstanding subsections (1A), (2) and (3), where any complaint is made to the Society of, the Council wishes to refer any information touching upon, or any Judge of the Supreme Court has referred any information to the Society touching upon, the conduct of an advocate and solicitor who is registered by the Attorney-General under section 130N to practise Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice and who at the time of the conduct did not practise in any Singapore law practice —
(a)
the Council shall consult the Attorney-General on whether to proceed in accordance with this section; and
(b)
if the Attorney-General directs the Council not to proceed in accordance with this section, the Council shall refer the complaint or information to the Attorney-General as a complaint under section 130R instead of proceeding in accordance with this section.
[19/2008]
(3B)  Where any conduct of an advocate and solicitor registered by the Attorney-General under section 130N to practise Singapore law in a Joint Law Venture or its constituent foreign law practice, a Qualifying Foreign Law Practice or a licensed foreign law practice has given rise to any proceedings under this Part, those proceedings, and any decision, determination or order arising from those proceedings, shall not in any way affect the jurisdiction of the Attorney-General under Part IXA to take such action as he deems appropriate against the advocate and solicitor in respect of the same conduct.
[19/2008]
(4)  Notwithstanding subsections (1A), (2) and (3), where 2 or more complaints or information touching upon the conduct of an advocate and solicitor have been received by the Council, including any complaint which had been referred to a Disciplinary Tribunal under section 89, the Council may with the leave of the court refer to the Chairman of the Inquiry Panel one or more complaints or information which in its opinion are more serious in nature first and defer the referral of the remaining complaints or information.
[15/89; 41/93; 19/2008]
(4A)  Subject to subsection (4C), the Council shall not refer a complaint of the conduct of an advocate and solicitor to the Chairman of the Inquiry Panel under subsection (1A) if the complaint is first made to the Society after the expiration of the period of —
(a)
6 years from the date of the conduct; or
(b)
where the complaint relates to any fraud alleged to have been committed by the advocate and solicitor, 6 years from the earliest date on which the complainant discovered the fraud or could with reasonable diligence have discovered it, if that period expires later than the period referred to in paragraph (a).
[19/2008]
(4B)  Subject to subsection (4C), the Council shall not refer any information touching upon the conduct of an advocate and solicitor to the Chairman of the Inquiry Panel under subsection (2) after the expiration of the period of —
(a)
6 years from the date of the conduct; or
(b)
where the information relates to any fraud alleged to have been committed by the advocate and solicitor, 6 years from the earliest date on which the Council discovered the fraud or could with reasonable diligence have discovered it, if that period expires later than the period referred to in paragraph (a).
[19/2008]
(4C)  The Council may, with the leave of the court —
(a)
refer a complaint of the conduct of an advocate and solicitor to the Chairman of the Inquiry Panel under subsection (1A) after the expiration of the period referred to in subsection (4A); or
(b)
refer any information touching upon the conduct of an advocate and solicitor to the Chairman of the Inquiry Panel under subsection (2) after the expiration of the period referred to in subsection (4B).
[19/2008]
(4D)  An application for the leave of the court under subsection (4C) shall be —
(a)
made by the Council by originating summons; and
(b)
accompanied by an affidavit —
(i)
setting out —
(A)
every document constituting the complaint of the conduct of the advocate and solicitor concerned, including every statutory declaration in support of the complaint (if any); or
(B)
the facts constituting the information touching upon the conduct of the advocate and solicitor concerned,
as the case may be;
(ii)
explaining why the complaint was not made to the Society before the expiration of the period referred to in subsection (4A), or why the information was not referred to the Chairman of the Inquiry Panel before the expiration of the period referred to in subsection (4B), as the case may be; and
(iii)
explaining why the complaint or information, as the case may be, should be referred to the Chairman of the Inquiry Panel, notwithstanding the expiration of the period referred to in subsection (4A) or (4B), as the case may be.
[19/2008]
(4E)  The application and affidavit referred to in subsection (4D) shall be served on the advocate and solicitor concerned.
[19/2008]
(5)  Where any complaint or information touching upon the conduct of an advocate and solicitor is referred to the Chairman of the Inquiry Panel, the Council shall inform the advocate and solicitor concerned that it has done so.
[15/89; 41/93]
(6)  Where any complaint or information touching upon the conduct of an advocate and solicitor is referred to the Chairman of the Inquiry Panel under subsection (1A), (2) or (3), the Chairman or Deputy Chairman of the Inquiry Panel shall, within 2 weeks, constitute a Review Committee consisting of —
(a)
a chairman, being the Chairman or Deputy Chairman himself or a member of the Inquiry Panel who is an advocate and solicitor of not less than 12 years’ standing; and
(b)
a legal officer who has not less than 10 years’ experience,
to review the complaint or information, and such review by the Review Committee shall start within 2 weeks of its constitution.
[19/2008]
(7)  A Review Committee may, in the course of a review under subsection (6), require the complainant or the advocate and solicitor concerned to answer any inquiry or to furnish any record that the Review Committee considers relevant for the purpose of the review.
[35/2001]
(8)  A Review Committee shall complete its review under subsection (6) within 4 weeks of its constitution, and —
(a)
direct the Council to dismiss the matter if it is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance and give the reasons for the dismissal; or
(b)
in any other case, refer the matter back to the Chairman of the Inquiry Panel.
[35/2001; 19/2008]
(8A)  The Chairman or Deputy Chairman of the Inquiry Panel may, on the application in writing of a Review Committee, grant to the Review Committee an extension of the period specified in subsection (8) if he is satisfied that the circumstances of the case justify the grant of the extension, except that any extension granted shall not extend beyond a period of 6 weeks from the date of the constitution of the Review Committee.
[19/2008]
(9)  The Council shall, within 7 days of receiving any direction under subsection (8)(a) —
(a)
give effect to the direction to dismiss the matter; and
(b)
inform the complainant and the advocate and solicitor concerned of the dismissal of the matter and furnish the complainant with the reasons of the Review Committee in writing.
[35/2001]
(10)  Where any complaint or information touching upon the conduct of an advocate and solicitor is referred back to the Chairman of the Inquiry Panel under subsection (8)(b), the Chairman or Deputy Chairman of the Inquiry Panel shall, within 3 weeks, constitute an Inquiry Committee consisting of —
(a)
a chairman, being a member of the Inquiry Panel who is an advocate and solicitor of not less than 12 years’ standing;
(b)
a member of the Inquiry Panel who is an advocate and solicitor;
(c)
a member of the Inquiry Panel who is a lay person; and
(d)
a legal officer who has not less than 10 years’ experience,
to inquire into the complaint or information.
[35/2001; 19/2008]
(11)  A member of a Review Committee who has reviewed any matter concerning any advocate and solicitor shall not thereby be disqualified from acting as a member of an Inquiry Committee inquiring into the same matter.
[35/2001; 19/2008]
(12)  An Inquiry Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as the members may think fit.
[15/89]
(13)  The chairman of an Inquiry Committee may at any time summon a meeting of the Inquiry Committee.
[15/89]
(14)  Any questions arising at any meeting of an Inquiry Committee shall be determined by a majority of votes of the members of the Committee, and in the case of an equality of votes, the chairman of the Inquiry Committee shall have a second or casting vote.
[15/89]
(15)  All the members of an Inquiry Committee shall be present to constitute a quorum for a meeting of the Inquiry Committee.
[15/89]
(16)  Any resolution or decision in writing signed by all the members of an Inquiry Committee shall be as valid and effectual as if it had been made or reached at a meeting of the Inquiry Committee where all its members were present.
[15/89]
(17)  Any person who makes a complaint to the Society under this Part shall furnish to the Chairman or Deputy Chairman of the Inquiry Panel, or the chairman of a Review Committee or of an Inquiry Committee, such statutory declarations or affidavits in support of the complaint as that Chairman, Deputy Chairman or chairman may require within such time as that Chairman, Deputy Chairman or chairman may specify.
[19/2008]
(17A)  Where a complaint is made to the Society under this Part, and the whole or any part of the complaint or any document furnished in support of the complaint is in a language other than English —
(a)
the complainant shall furnish to the Society an English translation of that whole or part of the complaint or document which is verified by the affidavit of a person qualified to translate it; or
(b)
if the complainant fails to do so, the Society —
(i)
may arrange for the translation into English of that whole or part of the complaint or document; and
(ii)
shall be entitled to recover from the complainant all reasonable costs of such translation as if they were a debt due to the Society.
[19/2008]
(17B)  Where any voice recording is tendered in support of a complaint made to the Society under this Part —
(a)
the complainant shall furnish to the Society —
(i)
a transcript of the recording, such transcript to be verified by the affidavit of the person who transcribed the recording; and
(ii)
if the transcript is in a language other than English, an English translation of the transcript which is verified by the affidavit of a person qualified to translate it; or
(b)
if the complainant fails to do so, the Society —
(i)
may arrange for the transcription of the recording and, if the transcript of the recording is in a language other than English, the translation into English of the transcript of the recording; and
(ii)
shall be entitled to recover from the complainant all reasonable costs of such transcription and translation as if they were a debt due to the Society.
[19/2008]
(18)  An Inquiry Committee may require any person making a complaint to the Society under this Part to deposit with the Society a reasonable sum not exceeding $1,000 to cover costs.
[15/89; 19/2008]
(19)  Where the complaint is found to be frivolous or vexatious —
(a)
the Inquiry Committee may, after hearing the complainant (if he desires to be heard) —
(i)
order the complainant to pay to any person all or any costs reasonably incurred by that person in the proceedings before the Inquiry Committee; and
(ii)
in such order, specify the amount of those costs or direct that the amount be taxed by the Registrar;
(b)
any sum deposited under subsection (18) shall be applied for the payment of those costs, and any balance of that sum shall be returned to the complainant; and
(c)
if no sum has been deposited under subsection (18), or if any sum deposited under subsection (18) is insufficient to cover those costs, the person awarded those costs may sue for and recover the costs which remain unpaid as if they were a debt due to him.
[19/2008]
(19A)  Where —
(a)
an Inquiry Committee has made any order under subsection (19)(a); and
(b)
the complainant is dissatisfied with that order,
the complainant may, within 14 days of being notified of that order, apply to a Judge for a review of that order.
[19/2008]
(19B)  An application under subsection (19A) shall be —
(a)
made by originating summons; and
(b)
served on the Society and on every person against whom any relief is sought.
[19/2008]
(19C)  At the hearing of an application under subsection (19A), the Judge may —
(a)
affirm, vary or set aside the order of the Inquiry Committee; and
(b)
make such order for the payment of costs as may be just.
[19/2008]
(20)  A member of an Inquiry Committee shall, notwithstanding that he has ceased to be a member of the Inquiry Panel on the expiry of his term of office, be deemed to be a member of the Inquiry Panel until such time as the Council has decided that the Inquiry Committee of which he is a member has completed its work.
[15/89]
(21)  Any person who makes a complaint to the Society under this Part which he knows to be false in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
[35/2001]
Inquiry
86.
—(1)  Subject to subsections (2), (3) and (4), an Inquiry Committee shall, within 2 weeks of its appointment, commence its inquiry into any complaint or information touching upon the conduct of an advocate and solicitor and report its findings to the Council —
(a)
in any case where the members of the Inquiry Committee have decided not to call upon the advocate and solicitor concerned to offer any explanation or to answer the allegations made against him, not later than 2 months after the date of its appointment; and
(b)
in any other case, not later than 2 weeks after the last meeting of the Inquiry Committee or 3 months after the date of its appointment, whichever is the earlier.
[30/86; 15/89; 41/93]
(2)  Where an Inquiry Committee is of the opinion that it will not be able to report its findings to the Council within the period specified in subsection (1)(b) due to the complexity of the matter or serious difficulties encountered by the Inquiry Committee in conducting its inquiry, the Inquiry Committee may apply in writing to the Chairman of the Inquiry Panel for an extension of the time to report its findings to the Council.
[15/89]
(3)  The Chairman or Deputy Chairman of the Inquiry Panel may grant an extension of time to an Inquiry Committee to report its findings to the Council if he is satisfied that the circumstances of the case justify the grant of an extension of time, except that any extension of time granted shall not extend beyond the period of 6 months from the date of the appointment of that Inquiry Committee.
[15/89; 19/2008]
(4)  No application for an extension of time may be made to the Chairman of the Inquiry Panel under subsection (2) on the expiry of 2 months after the date of the appointment of the Inquiry Committee.
[15/89]
(5)  Where an Inquiry Committee is satisfied that there are no grounds for disciplinary action under this Part, it shall report to the Council accordingly and state the reasons for its decision.
[15/89]
(6)  Where an Inquiry Committee is of the opinion that an advocate and solicitor should be called upon to answer any allegation made against him, the Inquiry Committee shall —
(a)
post or deliver to the advocate and solicitor concerned —
(i)
copies of any complaint or information touching upon his conduct and of any statutory declarations or affidavits that have been made in support of the complaint or information; and
(ii)
a notice inviting him to give, within such period (not being less than 14 days) as may be specified in the notice to the Inquiry Committee, any written explanation he may wish to offer and to advise the Inquiry Committee if he wishes to be heard by the Committee;
(b)
allow the time specified in the notice to elapse;
(c)
give the advocate and solicitor concerned reasonable opportunity to be heard if he so desires; and
(d)
give due consideration to any explanation (if any) given by him.
[15/89; 41/93]
(7)  The report of the Inquiry Committee shall, among other things, deal with the question of the necessity or otherwise of a formal investigation by a Disciplinary Tribunal, and the Inquiry Committee shall recommend to the Council —
(a)
if the Inquiry Committee is of the view that there should be a formal investigation by a Disciplinary Tribunal, the charge or charges to be preferred against the advocate and solicitor with respect to the misconduct committed; or
(b)
if the Inquiry Committee is of the view that no formal investigation by a Disciplinary Tribunal is required —
(i)
a penalty sufficient and appropriate to the misconduct committed; or
(ii)
that the complaint be dismissed.
[19/2008]
(8)  Where in the course of its inquiry an Inquiry Committee receives information touching on or evidence of the conduct of the advocate and solicitor concerned which may give rise to proceedings under this Part, the Inquiry Committee may, after giving notice to him, decide on its own motion to inquire into that matter and report its findings to the Council.
[15/89; 41/93]
(9)  Where in the course of its inquiry an Inquiry Committee receives information touching on or evidence of the conduct of the advocate and solicitor concerned which discloses an offence under any written law, the Inquiry Committee shall record the information in its report to the Council.
[15/89; 41/93]
(10)  Where the complainant withdraws his complaint before the Council has referred the complaint to an Inquiry Committee or before the conclusion of the inquiry by an Inquiry Committee, the Council may, notwithstanding such withdrawal, refer the complaint to or direct an Inquiry Committee to continue the inquiry, as the case may be, and the Inquiry Committee shall comply with the direction and all future proceedings thereon shall be taken as if the complaint had been made by the Society.
[41/93]
(11)  Subsections (2) to (6) of section 91 shall apply, with the necessary modifications, in relation to an Inquiry Committee as they apply in relation to a Disciplinary Tribunal and the references in those subsections to a Disciplinary Tribunal shall be read as references to an Inquiry Committee.
[41/93; 19/2008]
(12)  For the purposes of conducting an inquiry, an Inquiry Committee may —
(a)
appoint any person to make or assist in the making of such preliminary inquiries as the Inquiry Committee thinks necessary;
(b)
require the production for inspection by the Inquiry Committee, or by any person appointed under paragraph (a), of any books, documents or papers which may relate to or be connected with the subject-matter of the inquiry; and
(c)
require the complainant, the advocate and solicitor concerned and any other person to give any information which may relate to or be connected with the subject-matter of the inquiry (including any information in relation to any books, documents or papers referred to in paragraph (b)) —
(i)
at an attendance before the Inquiry Committee or any person appointed under paragraph (a);
(ii)
in writing; or
(iii)
by way of a statutory declaration or an affidavit.
[19/2008]
(13)  Any person who refuses or fails, without lawful excuse, to comply with any requirement of an Inquiry Committee under subsection (12)(b) or (c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
[19/2008]
Council’s consideration of report
87.
—(1)  The Council shall consider the report of the Inquiry Committee and according to the circumstances of the case shall, within one month of the receipt of the report, determine —
(a)
that a formal investigation is not necessary;
(b)
that no cause of sufficient gravity exists for a formal investigation but that the advocate and solicitor should be ordered to pay a penalty under section88;
[8/2011 wef 03/05/2011]
(c)
that there should be a formal investigation by a Disciplinary Tribunal; or
(d)
that the matter be referred back to the Inquiry Committee for reconsideration or a further report.
[41/93; 19/2008]
(1A)  Where the Council has determined under subsection (1)(d) that a matter be referred back to the Inquiry Committee for reconsideration or a further report —
(a)
the Council shall notify the Inquiry Committee accordingly;
(b)
the Inquiry Committee shall submit its response or further report to the Council within 4 weeks from the date of the Council’s notification; and
(c)
subsection (1)(a), (b) and (c) shall apply, with the necessary modifications, in relation to the response or further report of the Inquiry Committee as it applies in relation to the report of the Inquiry Committee.
[19/2008]
(2)  If the Inquiry Committee in its report, read with any response or further report submitted under subsection (1A)(b), recommends —
(a)
that there should be a formal investigation, then the Council shall determine accordingly under subsection (1); or
(b)
that a formal investigation by a Disciplinary Tribunal is not necessary, the Council may, if it disagrees with the recommendation, request the Chief Justice to appoint a Disciplinary Tribunal.
[19/2008]
(3)  Where the report of the Inquiry Committee, read with any response or further report of the Inquiry Committee submitted under subsection (1A)(b), discloses the commission of —
(a)
any other misconduct by the advocate and solicitor which has not been referred to or inquired into by the Inquiry Committee, the Council shall, if it determines that there should be a formal investigation of such misconduct, have power to prefer such charge against the advocate and solicitor as it thinks fit with respect to that misconduct; or
(b)
any offence involving fraud or dishonesty by the advocate and solicitor, the Council shall immediately refer the matter to the police for investigation.
[41/93; 19/2008]
(4)  The Council shall inform the advocate and solicitor and the person who made the complaint of the manner in which it has determined the complaint within 14 days of the determination, and in the event of the determination being that a formal investigation is unnecessary, the Council shall on the request of the person furnish him with its reasons in writing.
[41/93; 19/2008]
Council’s power to order penalty
88.
—(1)  If the Council determines under section 87 that no cause of sufficient gravity exists for a formal investigation but that the advocate and solicitor should be ordered to pay a penalty, it may order the advocate and solicitor to pay a penalty of not more than $10,000.
[19/2008]
(2)  Section 95 shall apply to any penalty ordered to be paid under subsection (1).
(3)  Before the Council makes an order for the payment of a penalty under this section, it shall notify the advocate and solicitor concerned of its intention to do so and give him a reasonable opportunity to be heard by the Council.
(4)  Where —
(a)
no application is made to set aside an order for the payment of a penalty under subsection (1) or if the order is affirmed or varied by the court under section 95(3)(a); or
[8/2011 wef 03/05/2011]
(b)
an advocate and solicitor has been reprimanded by the Council under section 94(3)(a),
[8/2011 wef 03/05/2011]
the Council shall, at the expense of the advocate and solicitor, publish in the Gazette a notice of the order or of the reprimand, as the case may be.
[41/93; 35/2001]
(5)  Any notice under subsection (4) shall contain the name of the advocate and solicitor, the nature of the misconduct committed by him and the penalty payable by him or the reprimand, as the case may be.
[41/93]
(6)  Where an application is made to a Judge by any person under section 97(1), the Council shall not publish the notice under subsection (4) until the application has been withdrawn or deemed to have been withdrawn or disposed of by the Judge under section 97.
[41/93]
Application to appoint Disciplinary Tribunal
89.
—(1)  Where the Council determines under section 87 that there should be a formal investigation, the Council shall within 4 weeks apply to the Chief Justice to appoint a Disciplinary Tribunal which shall hear and investigate the matter.
[30/86; 41/93; 19/2008]
(2)  Notwithstanding subsection (1), where 2 or more matters are pending against an advocate and solicitor, the Council may apply for one or more matters which in its opinion are more serious in nature to be heard and investigated first and defer the hearing and investigation of the other matters.
[30/86; 41/93]
(3)  Where a Disciplinary Tribunal has been appointed to hear and investigate any matter against an advocate and solicitor under subsection (1) and before the commencement of the hearing of and investigation into that matter there is any other matter pending against the advocate and solicitor, the Chief Justice may, on the application of the Council, direct that Disciplinary Tribunal to hear and investigate the other matter or matters.
[30/86; 41/93; 19/2008]
(4)  Where, in the course of its investigation of any matter against an advocate and solicitor referred to it under subsection (1) or (3), a Disciplinary Tribunal receives information touching on or evidence of the conduct of the advocate and solicitor which may give rise to proceedings under this Part, the Disciplinary Tribunal may, on the application of the Council, prefer such additional charge against the advocate and solicitor as it thinks fit with respect to such misconduct and, after giving notice to him, hear and investigate such charge and section 93 shall apply to such charge accordingly.
[41/93; 19/2008]
Appointment of Disciplinary Tribunal
90.
—(1)  The Chief Justice may from time to time appoint one or more Disciplinary Tribunals, each comprising —
(a)
a president, who shall be an advocate and solicitor who is a Senior Counsel or who has at any time held office as a Judge or Judicial Commissioner of the Supreme Court; and
(b)
an advocate and solicitor of not less than 12 years’ standing.
[19/2008]
(2)  A Disciplinary Tribunal shall be appointed in connection with one or more matters or for a fixed period of time or as the Chief Justice may think fit.
[30/86; 19/2008]
(3)  The Chief Justice may at any time —
(a)
revoke the appointment of the Disciplinary Tribunal;
(b)
remove any member of the Disciplinary Tribunal; or
(c)
fill any vacancy in the Disciplinary Tribunal.
[19/2008]
(4)  Without prejudice to the generality of subsection (3), where, after a Disciplinary Tribunal has commenced the hearing and investigation of any matter, any member of the Disciplinary Tribunal is unable through death, illness or other cause to conclude the hearing and investigation of the matter —
(a)
the Chief Justice may fill the vacancy or appoint another Disciplinary Tribunal to continue the hearing and investigation of the matter; and
(b)
the Disciplinary Tribunal so reconstituted or appointed may —
(i)
with the consent of —
(A)
the Society or, if the person making the complaint has conduct of the proceedings before the Disciplinary Tribunal, that person; and
(B)
the solicitor to whom the complaint relates,
have regard to the evidence given, the arguments adduced and any orders made during the proceedings before the previous Disciplinary Tribunal; or
(ii)
hear and investigate the matter afresh.
[19/2008]
(5)  The Chief Justice shall appoint a solicitor to be the secretary of every Disciplinary Tribunal.
[19/2008]
(6)  The production of any written instrument purporting to be signed by the Chief Justice and making an appointment, revocation or removal referred to in this section shall be evidence that such appointment or revocation has been duly made.
[19/2008]
(7)  Every member of a Disciplinary Tribunal appointed under subsection (1), and the secretary of every Disciplinary Tribunal appointed under subsection (5), shall be paid for each case such remuneration as the Chief Justice may determine.
[19/2008]
Proceedings and powers of Disciplinary Tribunal
91.
—(1)  The Rules Committee may from time to time make rules for regulating the hearing and investigation of matters before or by a Disciplinary Tribunal.
[30/86; 15/89; 19/2008]
(1A)  If the members of a Disciplinary Tribunal are unable to reach a unanimous decision on any matter, the matter shall be decided in accordance with the decision of the president of the Disciplinary Tribunal.
[19/2008]
(2)  For the purpose of any complaint or matter heard and investigated by a Disciplinary Tribunal under this Act —
(a)
the Disciplinary Tribunal may administer oaths; and
(b)
the Society or the person making the complaint and the solicitor to whom the complaint relates and (if so instructed by the Disciplinary Tribunal) the secretary of the Disciplinary Tribunal may sue out subpoenas to testify or to produce documents.
[42/2005; 19/2008]
(3)  No person shall be compelled under any such subpoena to produce any document which he could not be compelled to produce at the trial of an action.
[42/2005]
(4)  The subpoenas referred to in subsection (2)(b) shall be served and may be enforced as if they were subpoenas issued in connection with a civil action in the High Court.
[42/2005]
(5)  Any person giving evidence before a Disciplinary Tribunal shall be legally bound to tell the truth.
[19/2008]
(6)  No fees or other charges shall be payable for any subpoena sued out by the secretary of the Disciplinary Tribunal under subsection (2)(b).
[42/2005; 19/2008]
(7)  In sections 172, 173, 174, 175, 177, 179, 182 and 228 of the Penal Code (Cap. 224), “public servant” shall be deemed to include a member of a Disciplinary Tribunal taking part in any investigation under this section, and in sections 193 and 228 of the Penal Code, “judicial proceeding” shall be deemed to include any such investigation as aforesaid.
[19/2008]
Restriction of judicial review
91A.
—(1)  Except as provided in sections 82A, 97 and 98, there shall be no judicial review in any court of any act done or decision made by the Disciplinary Tribunal.
[19/2008]
(2)  In this section, “judicial review” includes proceedings instituted by way of —
(a)
an application for a Mandatory Order, a Prohibiting Order or a Quashing Order; and
(b)
an application for a declaration or an injunction, or any other suit or action, relating to or arising out of any act done or decision made by the Disciplinary Tribunal.
[19/2008]
Complaint made by Judge or Attorney-General
92.  Where any Judge of the Supreme Court or the Attorney-General has referred to the Society any information touching upon the conduct of an advocate and solicitor, all references in this Part to a person who made the complaint shall be construed to include a reference to the Attorney-General.
[30/86; 41/93; 35/2001]
Findings of Disciplinary Tribunal
93.
—(1)  After hearing and investigating any matter referred to it, a Disciplinary Tribunal shall record its findings in relation to the facts of the case and according to those facts shall determine that —
(a)
no cause of sufficient gravity for disciplinary action exists under section 83;
(b)
while no cause of sufficient gravity for disciplinary action exists under that section, the advocate and solicitor should be reprimanded or ordered to pay a penalty sufficient and appropriate to the misconduct committed; or
(c)
cause of sufficient gravity for disciplinary action exists under that section.
[35/2001; 19/2008]
(2)  Where a Disciplinary Tribunal makes a determination under subsection (1)(b) or (c), the Disciplinary Tribunal may make an order for payment by any party of costs, and may, in such order, specify the amount of those costs or direct that the amount be taxed by the Registrar.
[19/2008]
(2A)  Where a Disciplinary Tribunal makes a determination under subsection (1)(a) and further records the opinion that the complaint was frivolous or vexatious, the Disciplinary Tribunal may, after hearing the person who made the complaint (if he desires to be heard) —
(a)
order that the costs of the complaint shall be paid by that person; and
(b)
in such order, specify the amount of those costs or direct that the amount be taxed by the Registrar.
[19/2008]
(2B)  Any person awarded any costs under subsection (2) or (2A) may sue for and recover those costs as if those costs were a debt due to him.
[19/2008]
(3)  A Disciplinary Tribunal shall carry out its work expeditiously and the Society may apply to the Chief Justice for directions to be given to the Disciplinary Tribunal if the Disciplinary Tribunal fails to make any finding and determination within 6 months from the date of its appointment.
[30/86; 19/2008]
(4)  The findings and determination of the Disciplinary Tribunal under this section shall be drawn up in the form of a report of which —
(a)
a copy shall be submitted to the Chief Justice and the Society; and
(b)
a copy shall on request be supplied to the advocate and solicitor concerned.
[19/2008]
(5)  The findings and determination of the Disciplinary Tribunal shall be published by the Council in the Singapore Law Gazette or in such other media as the Council may determine which would adequately inform the public of the findings and determination.
[30/86; 35/2001; 19/2008]
(6)  A copy of the entire record of the proceedings of the Disciplinary Tribunal including its findings and determination shall be made public and copies thereof shall be made available to the members of the public upon payment of the prescribed fee.
[30/86; 19/2008]
Society to apply to court if cause of sufficient gravity exists
94.
—(1)  If the determination of the Disciplinary Tribunal under section 93 is that cause of sufficient gravity for disciplinary action exists under section 83, the Society shall without further direction make an application under section 98 within one month from the date of the determination of the Disciplinary Tribunal.
[19/2008]
(2)  If the determination of the Disciplinary Tribunal under section 93 is that no cause of sufficient gravity for disciplinary action exists under section 83, it shall not be necessary for the Society to take any further action in the matter unless so directed by the court.
[19/2008]
(3)  If the determination of the Disciplinary Tribunal under section 93 is that, while no cause of sufficient gravity for disciplinary action exists under section 83, the advocate and solicitor should be reprimanded or ordered to pay a penalty, the Council shall —
(a)
if it agrees with the determination, reprimand the advocate and solicitor or order him to pay a penalty of not more than $20,000, as the case may be; or
(b)
if it disagrees with the determination, without further direction make an application under section 98 within one month from the date of the determination of the Disciplinary Tribunal.
[41/93; 35/2001; 19/2008]
(4)  The Council shall inform the advocate and solicitor and the person who made the complaint of —
(a)
the determination of the Disciplinary Tribunal under section 93 within 14 days from the date the Society receives a copy of the report referred to in section 93(4); and
(b)
where subsection (3) applies, the Council’s decision —
(i)
as to whether it agrees with the determination of the Disciplinary Tribunal; and
(ii)
to reprimand the advocate and solicitor, to order him to pay a penalty or to make an application under section 98,
within 14 days from the date of the decision.
[19/2008]
Society to apply to court for cases involving fraud or dishonesty, or under section 33
94A.
—(1)  Where an advocate and solicitor has been convicted of an offence involving fraud or dishonesty, whether the offence was disclosed as a result of an investigation under section 87(3)(b) or otherwise, the Society shall, without further direction, proceed to make an application in accordance with section 98.
[41/93]
(1A)  Where an advocate and solicitor has been convicted of an offence under section 33, the Society may, and shall upon a request by the Attorney-General, without further direction, proceed to make an application in accordance with section 98.
[20/2007]
(2)  Where there is an appeal against conviction, the Society shall not make an application under subsection (1) or (1A) until the appeal has been withdrawn or deemed to have been withdrawn or disposed of by the appellate court.
[41/93; 20/2007]
(3)  This section shall not apply to a legal officer.
[20/2007]
Provisions as to penalties ordered by Council
95.
—(1)  Within 21 days of being ordered to pay a penalty by the Council , the advocate and solicitor concerned may apply to a Judge to set aside the order.
[8/2011 wef 03/05/2011]
(2)  Such an application shall be made by way of originating summons and shall be served on the Society and shall be heard in chambers unless the Judge of his own motion or on the application of any party sees fit to order a hearing in open court.
(3)  Upon the hearing of the application, the Judge may —
(a)
affirm or vary the penalty; or
(b)
set aside the order for a penalty,
and may make an order for payment of costs by or to either the Society or the applicant as may be just.
(4)  Where the Council has ordered an advocate and solicitor to pay a penalty, the advocate and solicitor shall pay to the Society —
(a)
the penalty, if —
(i)
no application is made under subsection (1) to set aside the Council’s order; or
(ii)
the penalty has been affirmed by a Judge under subsection (3)(a); or
(b)
if the penalty has been varied by a Judge under subsection (3)(a), the penalty so varied.
[19/2008]
(5)  Any penalty payable to the Society under subsection (4) which is not paid may be recoverable by the Society as a judgment debt.
[19/2008]
Procedure for complainant dissatisfied with Council’s decision
96.
—(1)  Where a person has made a complaint to the Society and the Council has determined —
(a)
that a formal investigation is not necessary; or
(b)
that no sufficient cause for a formal investigation exists but that the advocate and solicitor concerned should be ordered to pay a penalty,
[8/2011 wef 03/05/2011]
that person may, if he is dissatisfied with the determination of the Council, apply to a Judge under this section within 14 days of being notified of the determination.
[8/2011 wef 03/05/2011]
[41/93]
(2)  Such an application shall be made by originating summons and shall be accompanied by an affidavit or affidavits of the facts constituting the basis of the complaint and by a copy of the complaint originally made to the Society together with a copy of the Council’s reasons in writing supplied to the applicant under section 87(4).
[41/93]
(3)  The application accompanied by a copy of each of the documents referred to in subsection (2) shall be served on the Society.
(4)  At the hearing of the application, the Judge may make an order —
(a)
affirming the determination of the Council; or
(b)
directing the Society to apply to the Chief Justice for the appointment of a Disciplinary Tribunal,
and such order for the payment of costs as may be just.
[19/2008]
(5)  If the Judge makes an order directing the Society to apply to the Chief Justice for the appointment of a Disciplinary Tribunal, the applicant shall have the conduct of proceedings before the Disciplinary Tribunal and any subsequent proceedings before the court under section 98, and any such proceedings shall be brought in the name of the applicant.
[19/2008]
Application for review of Disciplinary Tribunal’s decision
97.
—(1)  Where a Disciplinary Tribunal has made a determination under section 93(1)( a) or (b), the person who made the complaint, the advocate and solicitor or the Council may, within 14 days of being notified of that determination or any order under section 93(2) or (2A), apply to a Judge for a review of that determination or order.
[19/2008]
(2)  An application under subsection (1) shall be —
(a)
made by originating summons; and
(b)
served on —
(i)
the person who made the complaint, if he had the conduct of the proceedings before the Disciplinary Tribunal and is not the applicant;
(ii)
the advocate and solicitor, if he is not the applicant;
(iii)
the Society, if the Council is not the applicant; and
(iv)
the secretary of the Disciplinary Tribunal.
[19/2008]
(3)  Upon receiving the application, the secretary of the Disciplinary Tribunal shall file in court the record and report of the hearing and investigation by the Disciplinary Tribunal.
[19/2008]
(4)  The Judge hearing the application —
(a)
shall have full power to determine any question necessary to be determined for the purpose of doing justice in the case, including any question as to the correctness, legality or propriety of the determination or order of the Disciplinary Tribunal, or as to the regularity of any proceedings of the Disciplinary Tribunal; and
(b)
may make such orders as the Judge thinks fit, including —
(i)
an order directing the person who made the complaint or the Council to make an application under section 98;
(ii)
an order setting aside the determination of the Disciplinary Tribunal and directing —
(A)
the Disciplinary Tribunal to rehear and reinvestigate the complaint or matter; or
(B)
the Society to apply to the Chief Justice for the appointment of another Disciplinary Tribunal to hear and investigate the complaint or matter; or
(iii)
such order for the payment of costs as may be just.
[19/2008]
(5)  If the Judge makes an order directing the person who made the complaint to make an application under section 98, that person shall have the conduct of the proceedings under that section, and any such proceedings shall be brought in his name.
[19/2008]
(6)  If the Judge makes an order directing the person who made the complaint or the Council to make an application under section 98, that person or the Society, as the case may be, shall make the application under that section within one month from the date of the order.
[19/2008]
Application for order that solicitor be struck off roll, etc.
98.
—(1)  An application for an order that a solicitor —
(a)
be struck off the roll;
(b)
be suspended from practice for a period not exceeding 5 years;
(c)
pay a penalty of not more than $100,000;
(d)
be censured;
(e)
suffer the punishment referred to in paragraph (c) in addition to the punishment referred to in paragraph (b) or (d); or
(f)
be required to answer allegations contained in an affidavit,
shall be made by originating summons.
[19/2008]
(2)  If the solicitor named in the application under subsection (1) is believed to be outside Singapore, an application may be made by summons in the same proceedings for directions as to service.
[19/2008]
(3)  If the solicitor named in the application under subsection (1) is or is believed to be within Singapore, the provisions of the Rules of Court (Cap. 322, R 5) for service of writs of summons shall apply to the service of the application.
[19/2008]
(4)  A copy of the affidavit or affidavits in support of the application under subsection (1) shall be served with the application upon the solicitor named in the application.
[19/2008]
(5)  There must be at least 8 clear days between the service of the application under subsection (1) and the day named therein for the hearing.
[19/2008]
(6)  Any order on an application under subsection (1) that is made in any case where personal service of that application has not been effected may be set aside on the application of the solicitor on good cause being shown.
[19/2008]
(7)  The application under subsection (1) shall be heard by a court of 3 Judges of the Supreme Court, and from the decision of that court there shall be no appeal.
[19/2008]
(8)  The court of 3 Judges —
(a)
shall have full power to determine any question necessary to be determined for the purpose of doing justice in the case, including any question as to the correctness, legality or propriety of the determination of the Disciplinary Tribunal, or as to the regularity of any proceedings of the Disciplinary Tribunal; and
(b)
may make an order setting aside the determination of the Disciplinary Tribunal and directing —
(i)
the Disciplinary Tribunal to rehear and reinvestigate the complaint or matter; or
(ii)
the Society to apply to the Chief Justice for the appointment of another Disciplinary Tribunal to hear and investigate the complaint or matter.
[19/2008]
(9)  The Chief Justice or any other Judge of the Supreme Court shall not be a member of the court of 3 Judges when the application under subsection (1) is in respect of a complaint made or information referred to the Society by him.
[30/86; 19/2008]
(10)  Subject to this section, the Rules Committee may make rules for regulating and prescribing the procedure and practice to be followed in connection with proceedings under this section and under sections 100 and 102, and in the absence of any rule dealing with any point of procedure or practice, the Rules of Court may be followed as nearly as the circumstances permit.
Provisions as to penalties ordered by court
98A.
—(1)  Where the court has ordered a legal officer or non- practising solicitor to pay a penalty under section 82A(12), the legal officer or non-practising solicitor shall pay the penalty to the Registrar of the Supreme Court.
[19/2008]
(2)  Where the court has ordered an advocate and solicitor to pay a penalty under section 98, the advocate and solicitor shall pay the penalty to the Registrar of the Supreme Court.
[19/2008]
(3)  Any penalty payable under subsection (1) or (2) which is not paid may be recoverable by the Government as a judgment debt.
[19/2008]
(4)  All sums collected by the Registrar of the Supreme Court under subsection (1) or (2) or recovered by the Government under subsection (3) shall be paid into the Consolidated Fund.
[19/2008]
Drawing up of order
99.  Where any order has been made by the court upon an application under section 98 and the order has not been drawn up by the applicant within one week after it was made, the Society may cause the order to be drawn up, and all future proceedings thereon shall be taken as if the application had been made by the Society.
[42/2005; 19/2008]
Solicitor’s application to remove own name
100.
—(1)  Any solicitor may, subject to this section and any rules made thereunder, apply to the court to have his name removed from the roll.
(2)  Every such application shall be made by way of originating summons and shall be supported by an affidavit in the prescribed form which shall be served on the Society not less than 2 months before the application is heard.
[42/2005]
(3)  The Society may for good cause require the applicant to advertise his intention to make the application in such manner as the Society shall direct.
(4)  An application under this section shall be heard by a single Judge sitting in open court.
(5)  No order shall be made on an application under this section if the Judge is satisfied that —
(a)
disciplinary action is pending against the applicant; or
(b)
the conduct of the applicant is the subject of inquiry or investigation under the provisions of this Part.
(6)  At the hearing of any such application, the Judge may make an order —
(a)
directing the Registrar to remove the applicant’s name from the roll; or
(b)
adjourning the application indefinitely or to such date as the Judge deems fit,
and such order for the payment of costs as may be just.
Adverse orders to be noted on roll
101.
—(1)  The Society shall give the Registrar notice of every order made under this Part that is adverse to an advocate and solicitor, and the Registrar shall cause a note of the effect of that order to be entered on the roll against the name of the advocate and solicitor concerned.
(2)  An order as to costs only need not be so entered on the roll.
Replacement on roll of solicitor who has been struck off
102.
—(1)  Where the name of a solicitor has been removed from, or struck off, the roll, the court may, if it thinks fit, at any time order the Registrar to replace on the roll the name of the solicitor —
(a)
free from conditions; or
(b)
subject to such conditions as the court thinks fit.
[19/2008]
(2)  Any application that the name of a solicitor be replaced on the roll shall be made by originating summons, supported by affidavit, before a court of 3 Judges of the Supreme Court of whom the Chief Justice shall be one.
[41/93; 42/2005]
(3)  The originating summons shall be served on the Society which shall —
(a)
appear at the hearing of the application; and
(b)
place before the court a report which shall include —
(i)
copies of the record of any proceedings as the result of which the name of the solicitor was removed from or struck off the roll; and
(ii)
a statement of any facts which have occurred since the name of the solicitor was removed from or struck off the roll and which, in the opinion of the Council or any member of the Council, are relevant to be considered or investigated in connection with the application.
[42/2005]
Costs
103. —(1)  [Deleted by Act 19 of 2008]
(2)  [Deleted by Act 19 of 2008]
(3)  The costs of and incidental to all proceedings under section 97, 98, 100 or 102 shall be in the discretion of the Judge or of the court before whom the hearing has taken place.
[19/2008]
(4)  Such costs may include the costs of the Society or Disciplinary Tribunal and may be ordered to be paid by the solicitor by or against whom or by the person by whom any complaintwas made or was intended to be made or partly by the solicitor andpartly by the other person.
[8/2011 wef 03/05/2011]
[41/93; 19/2008]
Absence of person under inquiry
104.  If the person whose conduct is the subject of inquiry fails to attend before the court, a Disciplinary Tribunal, the Council or the Inquiry Committee, as the case may be, the inquiry or proceedings may be proceeded with without further notice to that person upon proof of service by affidavit or statutory declaration.
[19/2008]
Provisions as to evidence
105.
—(1)  In any proceedings under this Part, any publication purporting to be printed under the authority of the General Council of the Bar in England or the Law Society in England setting out any rules or decisions made under the authority of those bodies relevant to the subject-matter of the proceedings shall, until the contrary is proved, be the evidence thereof.
(2)  A Disciplinary Tribunal may —
(a)
where the person whose conduct is the subject of inquiry does not appear before the Tribunal, and the Tribunal decides under section 104 to proceed in that person’s absence; or
(b)
with the consent in writing of the person whose conduct is the subject of inquiry,
proceed and act on evidence by affidavit or statutory declaration, either as to the whole case or as to any particular fact or facts.
[19/2008]
No action in absence of bad faith
106.  No action or proceeding shall lie against the Attorney-General, the Society, the Council, a Review Committee or any member thereof, an Inquiry Committee or any member thereof, or a Disciplinary Tribunal or any member or the secretary thereof for any act or thing done under this Act unless it is proved to the court that the act or thing was done in bad faith or with malice.
[35/2001; 19/2008]