On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 01/06/2012.
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 or any officer of the Institute.
[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, the Attorney-General or the Institute 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, the Attorney-General or the Institute 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 (including any such complaint or information which had been referred to a Disciplinary Tribunal under section 89) have been received by the Council, the Council may do either or both of the following:
(a)
apply to the Chief Justice to refer to the Chairman of the Inquiry Panel one or more of the complaints or information which in the Council’s opinion are more serious in nature first and defer the referral of the remaining complaints or information;
(b)
apply to the Chairman of the Inquiry Panel for 2 or more of the complaints or information to be dealt with by —
(i)
the same Review Committee; or
(ii)
the same Inquiry Committee.
(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 Service 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 Service 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]