Power of Attorney-General, Registrar and Council with respect to issue of practising certificates in certain circumstances
—(1) This section shall apply to any solicitor —
whose suspension from practice has expired;
who has been discharged from bankruptcy;
who has been sentenced to a term of imprisonment in any civil or criminal proceedings in Singapore or elsewhere;
who has been convicted of an offence involving dishonesty or fraud;
who has been convicted of an offence in relation to his conduct in his practice of law;
who has been found guilty of misconduct in any other professional capacity;
whose fitness to practise has been determined under section 25C to be impaired by reason of his physical or mental condition, or who, having been ordered by a Judge to submit to a medical examination under section 25C to be conducted within such period as the Judge may specify in the order, fails to do so;
whom the Attorney-General or the Council is satisfied is incapacitated by illness or accident, or by the solicitor’s physical or mental condition, to such extent as to be unable to attend to his practice; or
(2) Subject to subsection (2A), where a solicitor to whom this section applies makes an application for a practising certificate, the Attorney-General or the Council may, having regard to all the circumstances of the case, in writing request the Registrar —
to refuse the application for a practising certificate; or
to issue a practising certificate to the solicitor subject to such conditions as the Attorney-General or the Council may specify,
and the Registrar may, subject to subsections (6) and (7), comply with the request and notify the solicitor in writing.
(2A) The Council shall not be entitled to make a request under subsection (2) in relation to a solicitor without the consent of the Attorney-General, if the solicitor —
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
undertakes not to practise in any Singapore law practice while his practising certificate is in force.
(3) Without prejudice to the generality of subsection (2)(b) —
conditions may be imposed under that subsection for requiring the applicant to take any specified steps that will, in the opinion of the Attorney-General or the Council, be conducive to his carrying on an efficient practice as a solicitor; and
conditions may be so imposed (whether for the purpose mentioned in paragraph (a) or otherwise) notwithstanding that they may result in expenditure being incurred by the applicant.
(4) Where the Attorney-General or the Council makes a request under subsection (2) by reason only of any such circumstances as are mentioned in subsection (1)(c), ( d), (e), (f), (fa), (g) or (h), the solicitor concerned may, upon proof of a change in the circumstances or for any good cause, inform the Attorney-General or the Council, as the case may be, of the change or good cause.
(5) The Attorney-General or the Council, as the case may be, shall, upon being so informed under subsection (4), reconsider the request and may in writing request the Registrar —
to grant the application for a practising certificate; or
to remove any condition imposed on the practising certificate under subsection (2)(b),
and the Registrar may comply with the request and notify the solicitor in writing.
(6) Where a practising certificate free of conditions is issued by the Registrar to a solicitor in relation to whom this section applies by reason of any such circumstances as are mentioned in subsection (1), then, except in the case of any circumstances of whose existence the Attorney-General or the Council is unaware at the time the certificate is issued, this section shall not thereafter apply in relation to that solicitor by reason of those circumstances.
(7) The Registrar shall not refuse an application by a solicitor for a practising certificate where —