Singapore legislation
Clause 101
Clause 101
Procedure for complainants dissatisfied with a Disciplinary Committee’s decision
(1)
When a Disciplinary Committee has determined —
that due cause does not exist for disciplinary action under section 87 of this Act; or
that no sufficient cause exists for disciplinary action under section 87 of this Act but that the advocate and solicitor should be ordered to pay a penalty under section 98 of this Act,and the person who made the written application or complaint is dissatisfied with such determination he may within fourteen days of being notified of the Disciplinary Committee’s decision apply to a judge under this section.
(2)
Such application shall be made by originating summons and shall be served on the Society and the secretary of the Disciplinary Committee who shall thereupon file in court the record and report of the hearing and investigation by the Disciplinary Committee.
(3)
Upon the hearing of the application the judge, after hearing the applicant and the Disciplinary Committee and, if it desires to be heard, the Society, may make an order —
confirming the report of that Disciplinary Committee; or
directing the applicant to make an application under section 102 of this Act; or
directing the advocate and solicitor concerned under subsection (1) of section 102 of this Act to show cause,and such order for the payment of costs as may be just.
(4)
If the judge makes an order under paragraph (b) or (c) of subsection (3) of this section the applicant shall have the conduct of proceedings under section 102 of this Act and any such proceedings shall be brought in the name of the applicant.