Singapore legislation
Clause 34
Clause 34
Powers of Disciplinary Committee
(1)
If any member of the Society —
is convicted of an offence involving dishonesty; or
is judged by the Disciplinary Committee to have been guilty of grave impropriety or infamous conduct in a professional respect or to have been guilty of gross carelessness or gross neglect or gross incapacity in the performance of his professional duties or to have been guilty of any act or default discreditable to an accountant or to have conducted himself in such a manner as to render the exercise of the powers of the Disciplinary Committee expedient in the interests of the public or of the Society; or
is a bankrupt who has not obtained his order of discharge or whose order of discharge is suspended for a term not yet expired or is subject to conditions not yet fulfilled; or
has within three years immediately preceding the date on which the Disciplinary Committee seeks to exercise the disciplinary power conferred upon it by subsection (3) of this section individually or as a partner assigned substantially the whole of his estate for the benefit of his creditors or under an order of any Court or has under any deed or instrument placed substantially the whole of his estate in the hands of an assignee or trustee for the benefit of his creditors or made any arrangements for payment of a composition to his creditors,the Disciplinary Committee may if it deems fit, on the matter being referred to it by the Investigation Committee and after due inquiry has been made in accordance with the rules of the Society, exercise in respect of such member all or any of the disciplinary powers conferred upon it by subsection (3) of this section.
(2)
If any member of the Society is judged by the Disciplinary Committee to have been guilty of unprofessional conduct or of a breach of any fundamental rule of the Society or of a breach of any by-law made by the Council in pursuance of the provisions of section 31 of this Ordinance or if any member who is a public accountant engages in any other business which in the opinion of the Disciplinary Committee is inconsistent with the integrity of a public accountant, the Disciplinary Committee may if it deems fit, on the matter being referred to it by the Investigation Committee and after due inquiry has been held in accordance with the rules of the Society, exercise in respect of such member all or any of the disciplinary powers conferred upon it by paragraphs (c), (d), and (e) of subsection (3) of this section.
(3)
The Disciplinary Committee shall at its discretion have power —
subject to the provisions of subsection (4) of this section, to cause the name of a member of the Society to be removed from the register and thereupon such member shall cease to be a member of the Society;
subject to the provisions of subsection (4) of this section, by writing under the hand of its Chairman, to suspend a member of the Society for any period not exceeding five years;
by writing under the hand of its Chairman, to impose a penalty upon a member of the Society not exceeding five hundred dollars:Provided that no such penalty may be imposed under this paragraph in any case where the Disciplinary Committee is proceeding under paragraph (a) of subsection (1) of this section or where the Disciplinary Committee is inquiring into any act or omission which constitutes an offence under any written law for which such member has been convicted by any Court and which is punishable by imprisonment or fine;
by writing under the hand of its Chairman, to censure a member of the Society; and
by writing under the hand of its Chairman, to order a member of the Society to pay to the Society such sum as it deems fit in respect of costs and expenses of and incidental to any inquiry held by the Disciplinary Committee and any investigation held by the Investigation Committee.
(4)
The name of a member of the Society shall not be removed from the register under paragraph (a) of subsection (3) of this section and no member of the Society shall be suspended from membership of the Society under paragraph (b) of subsection (3) of this section by reason of any offence committed before the date of his registration if at that date the Council was aware of his conviction in respect of that offence.
(5)
Every monetary penalty imposed and all costs and expenses payable under this section shall be recoverable as a debt due to the Council.
(6)
While any member of the Society remains suspended from membership of the Society, such member shall be deemed not to be a member of the Society but immediately upon the expiry of his period of suspension, his rights and privileges as a member of the Society shall forthwith be revived.
(7)
No decision of the Disciplinary Committee shall take effect while a member of the Society to whom the decision relates remains entitled to appeal against such decision in accordance with the provisions of section 35 of this Ordinance or while any such appeal by him awaits determination by the Court.
(8)
The Disciplinary Committee may appoint a legal adviser who may be present at any inquiry into any matter to advise the Disciplinary Committee on all matters of law.