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 01/06/2012.
49.
—(1) There shall be 15 elected members of the Council consisting of —
(a)
6 practitioner members, each of whom shall be an advocate and solicitor of not less than 12 years’ standing on the day of his nomination for election to the Council;
(b)
5 practitioner members, each of whom shall be an advocate and solicitor of under 12 years’ but not less than 7 years’ standing on the day of his nomination for election to the Council; and
(c)
4 practitioner members, each of whom shall be an advocate and solicitor of under 7 years’ standing on the day of his nomination for election to the Council.
[30/86]
(2) Subject to the provisions of this Act, every elected member of the Council shall hold office as a member of the Council for 2 years.
(3) Subject to subsection (4), a practitioner member who has been struck off the roll or suspended from practising as an advocate and solicitor for a period of 6 months or more or has been convicted of an offence involving fraud or dishonesty shall not be eligible for election or appointment as a member of the Council.
[30/86]
(4) A practitioner member may, after a period of 5 years following the date of his conviction or the date he was reinstated to the roll or the date of the expiry of his suspension, whichever is the later, with the leave of a court of 3 Judges of the Supreme Court, one of whom shall be the Chief Justice, be eligible for election or appointment as a member of the Council.
[30/86; 41/93]
(5) Where an application for leave under subsection (4) has been refused, the applicant shall not be entitled to make another application under that subsection within a period of 5 years from the date the first-mentioned application was dismissed.
[30/86]
(6) An application for leave under subsection (4) shall be made by originating summons.
[30/86; 42/2005]
(7) The court of 3 Judges shall not give leave under subsection (4) unless —
(a)
notice of intention to apply therefor and all documents in support thereof have been served at least 14 clear days before the date of the hearing on the Attorney-General and on the Society, either or both of whom may be represented at the hearing of, and may oppose, the application;
(b)
the applicant satisfies the court that his conduct since his conviction, striking-out or suspension did not make him unfit to be a member of the Council; and
(c)
the applicant exhibits affidavits of at least 2 practitioner members who are and have been in active practice in Singapore for a total of not less than 5 out of the 7 years immediately preceding the date of the application attesting to the applicant’s good behaviour from the date of his conviction, striking-out or suspension and stating whether in their opinion he is a fit and proper person to be a member of the Council.
[30/86]
(8) A practitioner member shall, before his election or appointment as a member of the Council, file a declaration with the Society stating that he is not disqualified from holding office as a member of the Council by virtue of subsection (3) or, if he is so disqualified, stating that he has obtained the leave of the court under subsection (4) for election or appointment as a member of the Council.
[30/86]
(9) Any person who contravenes subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
[30/86]
(10) Whenever it is necessary for any reason whatsoever to elect all the elected members of the Council at an annual election —
(a)
3 members specified in subsection (1)(a);
(b)
2 members specified in subsection (1)(b); and
(c)
2 members specified in subsection (1)(c),
chosen by lot at the first meeting of the Council after such election shall hold office for only one year.
(11) Every elected member of the Council shall be eligible for re-election if he is qualified to be a candidate.