On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 01/06/2009.
130R.
—(1) Without prejudice to Part VII, a complaint may be made to the Attorney-General under this section in respect of the conduct of —
(a)
a foreign lawyer or a solicitor registered by the Attorney-General under this Part; or
(b)
a foreign lawyer granted the approval of the Attorney-General under section 130L.
[19/2008]
(2) Every complaint made under this section shall be in writing and be supported by a statutory declaration setting out —
(a)
the name, address and occupation of the complainant;
(b)
the name and address of the foreign lawyer or solicitor complained against;
(c)
the grounds of the complaint; and
(d)
the evidence of the alleged misconduct.
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(3) The Attorney-General may, in his discretion, waive any requirement in subsection (2).
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(4) Where the Attorney-General has received under this section any complaint in respect of the conduct of a foreign lawyer registered by the Attorney-General under section 130I, 130J or 130K or granted the approval of the Attorney-General under section 130L or of a solicitor registered by the Attorney-General under section 130O, or where any information is brought to the knowledgeof the Attorney-General which satisfies the Attorney-General that there may be grounds for such a complaint, the Attorney-General may, if he is of the opinion that there is sufficient reason for doing so —
(a)
cancel or suspend, for such period (not exceeding 5 years) as he may think fit, the registration of the foreign lawyer under section 130I, 130J or 130K or of the solicitor under section 130O, or revoke or suspend, for such period (not exceeding 5 years) as he may think fit, the approval of the foreign lawyer under section 130L, as the case may be;
(b)
order the foreign lawyer or solicitor to pay a penalty of not more than $100,000;
(c)
censure the foreign lawyer or solicitor; or
(d)
order the foreign lawyer or solicitor to pay the penalty referred to in paragraph (b) in addition to imposing the punishment referred to in paragraph (a) or (c).
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(5) Where the Attorney-General has received under this section any complaint in respect of the conduct of a solicitor registered by the Attorney-General under section 130N, or where any information is brought to the knowledge of the Attorney-General which satisfies the Attorney-General that there may be grounds for such a complaint, the Attorney-General may —
(a)
if he considers it appropriate, refer the complaint or information to the Society under section 85(3) instead of proceeding in accordance with this section; or
(b)
if he decides to proceed in accordance with this section and is of the opinion that there is sufficient reason for doing so —
(i)
cancel or suspend, for such period (not exceeding 5 years) as he may think fit, the registration of the solicitor under section 130N;
(ii)
order the solicitor to pay a penalty of not more than $100,000;
(iii)
censure the solicitor; or
(iv)
order the solicitor to pay the penalty referred to in sub-paragraph (ii) in addition to imposing the punishment referred to in sub-paragraph (i) or (iii).
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(6) If the foreign lawyer or solicitor concerned fails to pay a penalty imposed under subsection (4)(b) or (d) or (5)(b)(ii) or (iv) within such time as the Attorney-General may specify, the Attorney-General may cancel or suspend, for such period (not exceeding 5 years) as the Attorney-General may think fit, the registration of that foreign lawyer under section 130I, 130J or 130K or of that solicitor under section 130N or 130O, or revoke or suspend, for such period (not exceeding 5 years) as the Attorney-General may think fit, the approval of that foreign lawyer under section 130L, as the case may be.
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(7) Before taking any action against a foreign lawyer or a solicitor under subsection (4), (5)( b) or (6), the Attorney-General shall give the foreign lawyer or solicitor concerned not less than 14 days to make representations in writing.
[8/2011 wef 03/05/2011]
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(8) In respect of any action or order under this section, any determination or application by the Attorney-General, on the facts and in the circumstances of the case before him, of any rules of an applicable jurisdiction relating to the professional conduct or ethics of the foreign lawyer or solicitor concerned shall be final and binding on that foreign lawyer.
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(9) Subject to section 85(3A), any action, order or determination taken or made by the Attorney-General under this section shall not in any way affect the power or authority of the Society, or of any other relevant professional disciplinary body (whether in Singapore or in any state or territory outside Singapore), to take such action as it deems appropriate against the foreign lawyer or solicitor concerned in respect of the same conduct.
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(10) Where a foreign lawyer who was registered under this Part in force immediately before the relevant date is deemed under section 130I(6), 130J(6) or 130K(4) to be registered under section 130I, 130J or 130K, as the case may be, and any complaint is made, whether before, on or after the relevant date, in respect of any conduct of the foreign lawyer before the relevant date —
(a)
the Attorney-General may, on or after the relevant date, deal with that complaint in accordance with this section; and
(b)
any proceedings in respect of that complaint under section 130O as in force immediately before the relevant date which are pending immediately before the relevant date shall continue, on or after the relevant date, as proceedings under this section.
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