Singapore legislation
Section 98
Section 98
Application for order that solicitor be struck off roll, etc.
(1)
Each of the following applications must be made by originating summons:
an application for an order that an advocate and solicitor —
be struck off the roll;
be suspended from practice for a period not exceeding 5 years;
pay a penalty of not more than $100,000;
be censured; or
suffer the punishment referred to in sub‑paragraph (iii) in addition to the punishment referred to in sub‑paragraph (ii) or (iv);
an application for an order that a regulated foreign lawyer —
have his or her registration under section 36B, 36C or 36D cancelled or suspended (for such period as the court may think fit), have his or her registration under section 36P (if any) cancelled or suspended (for such period as the court may think fit), or have the approval given to him or her under section 176(1) cancelled or suspended (for such period, not exceeding 5 years, as the court may think fit), as the case may be;
pay a penalty of not more than $100,000;
be censured; or
suffer the punishment referred to in sub‑paragraph (ii) in addition to the punishment referred to in sub‑paragraph (i) or (iii);
an application for an order that an advocate and solicitor or a regulated foreign lawyer be required to answer allegations contained in an affidavit.
(2)
If the advocate and solicitor or regulated foreign lawyer named in the application under subsection (1) is believed to be outside Singapore, an application may be made by summons in the same proceedings for directions as to service.
(3)
If the advocate and solicitor or regulated foreign lawyer named in the application under subsection (1) is or is believed to be within Singapore, the provisions of the Rules of Court for service of writs of summons apply to the service of the application.
(4)
A copy of the affidavit or affidavits in support of the application under subsection (1) must be served with the application upon the advocate and solicitor or regulated foreign lawyer named in the application.
(5)
There must be at least 8 clear days between the service of the application under subsection (1) and the day named therein for the hearing.
(6)
Any order on an application under subsection (1) that is made in any case where personal service of that application has not been effected may be set aside on the application of the advocate and solicitor or regulated foreign lawyer on good cause being shown.
(7)
The application under subsection (1) is to be heard by a court of 3 Supreme Court Judges, and from the decision of that court there is no appeal.
(8)
The court of 3 Judges —
has full power to determine any question necessary to be determined for the purpose of doing justice in the case, including any question as to the correctness, legality or propriety of the determination of the Disciplinary Tribunal, or as to the regularity of any proceedings of the Disciplinary Tribunal; (b)may make an order setting aside the determination of the Disciplinary Tribunal and directing —
the Disciplinary Tribunal to rehear and reinvestigate the complaint or matter; or
the Society to apply to the Chief Justice for the appointment of another Disciplinary Tribunal to hear and investigate the complaint or matter; and
in the case of a regulated foreign lawyer, may direct the Registrar to inform either or both of the following of the decision of the court of 3 Judges:
the foreign authority having the function conferred by law of authorising or registering persons to practise law in the state or territory in which the regulated foreign lawyer is duly authorised or registered to practise law;
any relevant professional disciplinary body of the state or territory in which the regulated foreign lawyer is duly authorised or registered to practise law.
(9)
The Chief Justice or any other Supreme Court Judge is not to be a member of the court of 3 Judges when the application under subsection (1) is in respect of a complaint made or information referred to the Society by him or her.
(9A)
Where a regulated foreign lawyer’s registration under section 36P has been cancelled pursuant to an order of the court of 3 Judges —
in any case where the order prohibits the regulated foreign lawyer from reapplying for registration under section 36P until after a date specified in the order, the regulated foreign lawyer is prohibited from reapplying for such registration until after that date; or
in any other case, the regulated foreign lawyer is permanently prohibited from reapplying for registration under section 36P.
(10)
Subject to this section, the Rules Committee may make rules for regulating and prescribing the procedure and practice to be followed in connection with proceedings under this section and under sections 100 and 102, and in the absence of any rule dealing with any point of procedure or practice, the Rules of Court may be followed as nearly as the circumstances permit.