Clause 102

An application that a solicitor be struck off the Roll or suspended from practice or censured or that he be required to answer allegations contained in an affidavit shall be made by originating summons ex parte for an order calling upon the solicitor to show cause.

An application under subsection (1) of this section may be made to a judge and shall include an application for directions as to service if the solicitor is believed to be outside Singapore.

If the solicitor named in the order is or is believed to be within Singapore the provisions of the Rules of the Supreme Court for service of writs of summons shall apply to the service of the order.

If an order to show cause is made a copy of the affidavit or affidavits upon which the order was made shall be served with the order upon the solicitor named in the order.

Any order absolute, made in cases where personal service of the order to show cause has not been effected, may be set aside on the application of the solicitor on good cause being shown.

The application to make absolute and the showing of cause consequent upon any order to show cause made under subsections (1) and (2) of this section shall be heard by a court of three judges of whom the Chief Justice shall be one and from the decision of that court there shall be no appeal except to the Judicial Committee. For the purposes of an appeal to the Judicial Committee an order made under this subsection shall be deemed to be an order of an appellate court.

The judge who made the order to show cause shall not thereby be disqualified from sitting as a member of the court of three judges under subsection (6) of this section.

Subject to the provisions of 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 104 and 106 of this Act and in the absence of any rule or rules dealing with any point of procedure or practice the Rules of the Supreme Court may be followed as nearly as the circumstances permit.