On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 19/09/2008.
42. Section 98 of the principal Act is amended —
(a)
by deleting subsections (1) to (8) and substituting the following subsections:
“(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.”;
(b)
by deleting the words “subsection (7)” in subsection (9) and substituting the words “subsection (1)”; and
(c)
by deleting the section heading and substituting the following section heading:
“Application for order that solicitor be struck off roll, etc.”.