Singapore legislation
Clause 8
Clause 8
Repeal and re-enactment of section 35
Section 35 of the principal Ordinance is hereby repealed and the following substituted thererfor: —“Solicitor’s clerks35.—
No solicitor shall in connection with his practice as such, without the consent of the court obtained on an application by originating summons served upon the State Advocate-General and upon the Bar Committee employ or remunerate any person (other than an advocate and solicitor or a qualified person) who to his knowledge has been —
struck off the roll otherwise than at his own request and remains struck off;
suspended from practising as an advocate and solicitor in Singapore or the Federation of Malaya or elsewhere and remains suspended;
convicted of an offence involving dishonesty;
convicted of an offence under section 35 of the Minor Offences Ordinance (Cap. 117) or under section 46 of this Ordinance;
listed as a tout under section 100 of the Courts Ordinance (Cap. 3);
a person in respect of whom an order under subsection (2) of this section has been made; or
employed as a public officer.(2) On application made by or on behalf of the State Advocate-General or the Bar Committee the court may make an order directing that, as from the date to be specified in such order, no solicitor shall in connection with his practice as such employer remunerate any person, the subject of the application, who —
has been a party to any act or default of a solicitor in respect of which a complaint has been or might properly have been made against such solicitor under the provisions of this Ordinance; or
has so conducted himself whilst employed by a solicitor that, had he himself been a solicitor, such conduct might have formed the subject of a complaint under the provisions of this Ordinance against him.(3) Every application under subsection (2) of this section shall be served upon the person in respect of whom it is made and upon his employer or previous employer if such employer or previous employer is a solicitor not less than ten days before the application is to be heard.(4) Every order made under subsection (2) of this section, shall be filed in a file to be kept for this purpose by the Registrar and such file may be inspected by any solicitor without fee.(5) Before a solicitor employs or remunerates any person (other than an advocate and solicitor or a qualified person) in connection with his practice as such, he shall require such person to make a statutory declaration to show that he does not come within the class of persons enumerated in paragraphs (a) to (g) of subsection (1) of this section and that he is not a person in respect of whom an order has been made under subsection (2) of this section.(6) Disciplinary proceedings may be taken against any solicitor who acts in contravention of the provisions of this section.”.