Singapore legislation

Section 90

of Legal Profession Act 1966

Section 90

Appointment of Disciplinary Tribunal

Amended by40/201422/201840/201940/2014

(1)

The Chief Justice may appoint one or more Disciplinary Tribunals, each comprising —

(a)

a president, who —

(i)

is a Senior Judge;

(ii)

has at any time held office as a Supreme Court Judge or a Judicial Commissioner; or

(iii)

is an advocate and solicitor who is a Senior Counsel; and

(b)

such of the following as may be applicable:

(i)

an advocate and solicitor of not less than 12 years’ standing, in the case of a Disciplinary Tribunal appointed to hear and investigate any matter against an advocate and solicitor; or

(ii)

a regulated foreign lawyer of not less than 12 years’ standing, in the case of a Disciplinary Tribunal appointed to hear and investigate any matter against a regulated foreign lawyer.

Amended by40/201422/201840/2019

(2)

A Disciplinary Tribunal is to be appointed in connection with one or more matters or for a fixed period of time or as the Chief Justice may think fit.

(3)

The Chief Justice may at any time —

(a)

revoke the appointment of the Disciplinary Tribunal;

(b)

remove any member of the Disciplinary Tribunal; or

(c)

fill any vacancy in the Disciplinary Tribunal.

(4)

Without limiting subsection (3), where, after a Disciplinary Tribunal has commenced the hearing and investigation of any matter, any member of the Disciplinary Tribunal is unable through death, illness or other cause to conclude the hearing and investigation of the matter —

(a)

the Chief Justice may fill the vacancy or appoint another Disciplinary Tribunal to continue the hearing and investigation of the matter; and

(b)

the Disciplinary Tribunal so reconstituted or appointed may —

(i)

with the consent of —

(A)

the Society or, if the person making the complaint has conduct of the proceedings before the Disciplinary Tribunal, that person; and

(B)

the regulated legal practitioner to whom the complaint relates,have regard to the evidence given, the arguments adduced and any orders made during the proceedings before the previous Disciplinary Tribunal; or

(ii)

hear and investigate the matter afresh.

Amended by40/2014

(5)

The Chief Justice is to appoint a solicitor to be the secretary of every Disciplinary Tribunal.

(6)

The production of any written instrument purporting to be signed by the Chief Justice and making an appointment, revocation or removal referred to in this section is evidence that such appointment or revocation has been duly made.

(7)

Every member of a Disciplinary Tribunal appointed under subsection (1), and the secretary of every Disciplinary Tribunal appointed under subsection (5), must be paid for each case such remuneration as the Chief Justice may determine.