On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 01/06/2012.
PART IIA
ADMISSION OF ADVOCATES AND SOLICITORS
12.
—(1) Subject to the provisions of this Act (including any rules made under this section or section 2(2), 10 or 14), the court may, in its discretion, admit any qualified person as an advocate and solicitor of the Supreme Court.
(2) Any qualified person who applies to be admitted under this section shall —
(a)
do so in accordance with, and comply with all applicable requirements of, any rules made under section10(2)(g); and
(b)
if he belongs to such class of qualified persons as the Minister may prescribe under subsection (6), do so within such time as the Minister may prescribe under that subsection.
(3) The court shall not admit under this section any qualified person who is required, but fails, to comply with subsection (2)(b).
(4) The Attorney-General, the Society and the Institute shall be entitled to object to any application under subsection (2).
(5) Any other person who has filed and served a notice of objection in relation to an application under subsection (2), in accordance with any rules made under section 10(2)(g), shall be entitled to object to that application.
(6) The Minister may, after consulting the Board of Directors of the Institute, make rules to prescribe —
(a)
the classes of qualified persons to whom subsection (2)(b) applies; and
(b)
in respect of each such class of qualified persons, the time within which a qualified person belonging to that class shall make his application under subsection (2).
13.
—(1) Subject to any rules made under section 14, no qualified person shall be admitted as an advocate and solicitor unless he —
(a)
has attained the age of 21 years;
(b)
is of good character;
(c)
has satisfactorily served the practice training period applicable to him;
(d)
has attended and satisfactorily completed such courses of instruction as the Board of Directors of the Institute may prescribe under section 10; and
(e)
has passed such examinations as the Board of Directors of the Institute may prescribe under section10.
(2) No person who is a qualified person by reason of his having passed the final examination for a law degree in any institution of higher learning pursuant to any rules made under section 2(2) shall be admitted as an advocate and solicitor before the law degree is conferred upon him.
14.
—(1) Upon an application made to the Minister by any person who is not otherwise entitled to be a qualified person, the Minister may, in his discretion, if he is of the opinion that the person possesses such qualification or expertise as would contribute to, promote or enhance the quality of legal services in Singapore or the economic or technological development of Singapore —
(a)
approve the person as a qualified person for the purposes of this Act, subject to such conditions as the Minister may think fit to impose; and
(b)
issue to the person a notice in writing to that effect.
(2) Where any qualification conferred by an institution of higher learning is a qualification prescribed under section 2(2), and an application is made to the Minister by any person who possesses any equivalent qualification conferred by that institution of higher learning, the Minister may, after consulting the Board of Directors of the Institute —
(a)
deem that equivalent qualification to be the prescribed qualification, subject to such conditions as the Minister may think fit to impose; and
(b)
issue to that person a notice in writing to that effect.
(3) Upon an application made to the Minister by any person who possesses any qualification that is recognised, by a foreign authority having the function conferred by-law of authorising or registering persons to practise law in a state or territory other than Singapore, as a qualification required for eligibility to practise law in that state or territory, the Minister may, after consulting the Board of Directors of the Institute and if the Minister is of the opinion that the person’s qualification is equivalent to any qualification prescribed under section 2(2) —
(a)
deem the person’s qualification to be a qualification that is so prescribed, subject to such conditions as the Minister may think fit to impose; and
(b)
issue to the person a notice in writing to that effect.
(4) The Minister may, after consulting the Board of Directors of the Institute, make rules (referred to in this subsection as the relevant rules) for —
(a)
the exemption of any qualified person who satisfies, or any class of qualified persons each of whom satisfies, such requirements as may be prescribed in the relevant rules from all or any, and from the whole or any part of any, of the requirements under section 13(1)(c), (d) and (e) and any rules made under section 10(2)(a), (b), (c) and (d); and
(b)
the abridgment of the practice training period applicable to any qualified person who satisfies, or any class of qualified persons each of whom satisfies, such requirements as may be prescribed in the relevant rules.
(5) Without prejudice to subsection (4), upon an application made to the Minister by any qualified person, the Minister may, in his discretion, exempt the qualified person from all or any, and from the whole or any part of any, of the requirements under section 13(1)(c), (d) and (e) and any rules made under section 10(2)(a), (b), (c) and (d), or abridge the practice training period applicable to a qualified person, if the Minister is of the opinion that the qualified person is, by reason of his standing and experience or for any other cause, a fit and proper person to be so exempted or to have his practice training period abridged, as the case may be.
(6) An exemption or abridgment granted to a person under subsection (5) —
(a)
may be subject to such conditions as the Minister may think fit to impose by notice in writing to the person;
(b)
shall be notified in writing to the person; and
(c)
need not be published in the Gazette.
(7) The Minister may, after consulting the Board of Directors of the Institute, make rules to provide for —
(a)
the payment of fees for —
(i)
any application made to the Minister under this section or under any rules made under section 2(2) or 12(6) or subsection (4); and
(ii)
any matter related or incidental to any such application; and
(b)
all other matters related thereto.
15.
—(1) Notwithstanding anything to the contrary in this Act, the court may, for the purpose of any one case, admit to practise as an advocate and solicitor any person who —
(a)
holds —
(i)
Her Majesty’s Patent as Queen’s Counsel; or
(ii)
any appointment of equivalent distinction of any jurisdiction;
(b)
does not ordinarily reside in Singapore or Malaysia, but has come or intends to come to Singapore for the purpose of appearing in the case; and
(c)
has special qualifications or experience for the purpose of the case.
(2) The court shall not admit a person under this section in any case involving any area of legal practice prescribed under section 10 for the purposes of this subsection, unless the court is satisfied that there is a special reason to do so.
(3) Any person who applies to be admitted under this section shall do so by originating summons supported by an affidavit of the applicant, or of the advocate and solicitor instructing him, stating the names of the parties and brief particulars of the case in which the applicant intends to appear.
(4) The originating summons and affidavit or affidavits shall be served on the Attorney-General, the Society and the other party or parties to the case.
(5) At the time of the service, the applicant shall pay the prescribed fee to the Attorney-General and the Society for their costs incurred in the application.
(6) Before admitting a person under this section, the court shall have regard to the views of each of the persons served with the application.
(6A) The Chief Justice may, after consulting the Judges of the Supreme Court, by notification published in the Gazette, specify the matters that the court may consider when deciding whether to admit a person under this section.
(7) The Registrar shall, on payment of the fee prescribed under section 135 for the purposes of this subsection, issue to every person admitted under this section a certificate to practise specifying in it the case in which the person is permitted to appear.
(8) Any person to whom a certificate to practise has been issued under subsection (7) shall, for the purpose of his employment in that case, be deemed to be a person to whom a practising certificate has been issued under section 25.
(9) The Registrar shall not enter the names of persons admitted under this section upon the roll of advocates and solicitors but shall keep a separate roll for persons admitted under this section.
(10) In this section, “case” includes any interlocutory or appeal proceedings connected with a case.
16.
—(1) The Registrar shall maintain a roll of advocates and solicitors with the dates of their respective admissions.
(2) The name, with the date of admission, of every person admitted shall be entered upon the roll in order of admission.
(3) Every person admitted as an advocate and solicitor shall pay the fee prescribed under section 135 for the purposes of this subsection, and the Registrar shall deliver to him an instrument of admission signed by the Chief Justice or the Judge who admitted the applicant.
(4) If, at any time after the admission of any person as an advocate and solicitor, it is shown to the satisfaction of the court that any application, affidavit, certificate or other document filed by the person contains any substantially false statement or a suppression of any material fact, or that any such certificate was obtained by fraud or misrepresentation, the name of the person shall be struck off the roll.
(5) This section shall not apply to persons admitted under section 15.
17. Without prejudice to the generality of section 18(2) of, and item 7 of the First Schedule to, the Supreme Court of Judicature Act (Cap. 322), the court may, at any time and on such terms as it thinks just, by order extend or abridge the time prescribed for any thing under any rules made under section 10(2)(g).
[Sections 18 to 24 repealed by Act 8 of 2011 wef 3 May 2011] |