Singapore legislation
Section 36P
Section 36P
Registration of foreign lawyer to act in relation to relevant proceedings
(1)
Despite anything to the contrary in this Act, but without affecting section 15, a foreign lawyer who is registered under this section may, if granted full registration under this section, do all or any of the following:
appear and plead in any relevant proceedings;
appear and plead in the appellate court in any relevant appeal;
represent any party to any relevant proceedings or relevant appeal in any matter concerning those proceedings or that appeal (as the case may be);
give advice, prepare documents and provide any other assistance in relation to or arising out of any relevant proceedings or relevant appeal.
(2)
Despite anything to the contrary in this Act, but without affecting section 15, a foreign lawyer who is registered under this section may, if granted restricted registration under this section, do all or any of the following:
appear in any relevant proceedings, solely for the purposes of making submissions on such matters of foreign law as are permitted by the Singapore International Commercial Court, or the appellate court, in accordance with the Rules of Court;
appear in the appellate court in any relevant appeal, solely for the purposes of making submissions on such matters of foreign law as are permitted by the Singapore International Commercial Court, or the appellate court, in accordance with the Rules of Court;
give advice and prepare documents, solely for the purposes of making submissions, in any relevant proceedings or relevant appeal, on such matters of foreign law as are permitted by the Singapore International Commercial Court, or the appellate court, in accordance with the Rules of Court.
(3)
An application may be made for a foreign lawyer to be registered under this section, if the foreign lawyer possesses such qualifications and satisfies such requirements as may be prescribed.
(4)
For the purposes of subsection (3), different qualifications and requirements may be prescribed for a foreign lawyer to be granted full registration under this section, and for a foreign lawyer to be granted restricted registration under this section.
(5)
An application for a foreign lawyer to be registered under this section must be —
made to the Registrar in such form and manner as may be prescribed; and
accompanied by such fee, undertakings, documents and information as may be prescribed.
(6)
The Registrar may register a foreign lawyer under this section subject to any conditions that the Registrar may think fit to impose in any particular case.
(7)
A Judge may, of the Judge’s own motion or on the application of any interested party, order that a foreign lawyer have the foreign lawyer’s full registration or restricted registration under this section cancelled, if —
the foreign lawyer does not possess any qualification referred to in subsection (3) for full registration or restricted registration (as the case may be) under this section;
the foreign lawyer does not satisfy any requirement referred to in subsection (3) for full registration or restricted registration (as the case may be) under this section;
the foreign lawyer fails to comply with any condition imposed under subsection (6);
the foreign lawyer has been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction; or
the Judge is satisfied that the foreign lawyer should not have been registered under this section.
(8)
The Judge, before making an order under subsection (7), is to give the foreign lawyer a reasonable opportunity to be heard by the Judge.
(9)
An International Judge may, in the course of any relevant proceedings before the International Judge, of the International Judge’s own motion or on the application of any interested party, order that a foreign lawyer who appears in those proceedings have the foreign lawyer’s full registration or restricted registration under this section cancelled, if —
the foreign lawyer does not possess any qualification referred to in subsection (3) for full registration or restricted registration (as the case may be) under this section;
the foreign lawyer does not satisfy any requirement referred to in subsection (3) for full registration or restricted registration (as the case may be) under this section;
the foreign lawyer fails to comply with any condition imposed under subsection (6);
the foreign lawyer has been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction; or
the International Judge is satisfied that the foreign lawyer should not have been registered under this section.
(10)
The International Judge, before making an order under subsection (9), is to give the foreign lawyer a reasonable opportunity to be heard by the International Judge.
(11)
No appeal lies from —
any order made by a Judge under subsection (7); or
any order made by an International Judge under subsection (9).