Singapore legislation

Clause 90

of Legal Profession Bill

Clause 90

Investigation

(1)

Where the Inquiry Committee has —

(a)

received a written order;

(b)

decided of its own motion to inquire into any matter; or

(c)

received a written application or complaint and is satisfied that there may be grounds for such an application or complaint,it shall inquire into and investigate the matter and report to the Council on the matter.

(2)

For the purposes of any such investigation the Inquiry Committee may —

(a)

call upon or employ any person to make or assist in the making of whatever preliminary inquiries it deems necessary;

(b)

require the production for inspection by the Inquiry Committee or any person so employed of any books, documents or papers which may relate to or be connected with the subject matter of the investigation; and

(c)

require the member concerned to give all information in relation to any such books, documents or papers which may be reasonably required by the Inquiry Committee or by the person so employed.

(3)

Any advocate and solicitor who without lawful excuse refuses or fails to produce to the Inquiry Committee or to any person whom the Committee may employ for the purposes of investigation any books, documents or papers required of him as aforesaid or fails to give any such information relating thereto shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred dollars.

(4)

Before any inquiry or investigation begins in respect of any matter —

(a)

the Inquiry Committee shall post or deliver to the advocate and solicitor concerned —

(i)

copies of any written application or complaint and of any statutory declarations or affidavits that have been made in support of the application or complaint; and

(ii)

a notice setting out any or any further particulars that may be necessary to disclose the reason for the inquiry or investigation and inviting the member concerned, within such period (not being less than fourteen days) as may be specified in the notice, to give to the Inquiry Committee any written explanation he may wish to offer and to advise the Inquiry Committee if he wishes to be heard by the Committee; and

(b)

the Inquiry Committee shall allow the time specified in the notice to elapse and shall give the advocate and solicitor concerned reasonable opportunity to be heard if he so desires and shall give due consideration to any explanation he may make.

(5)

Subject to the provisions of this Act and to any rules made by the Council under this Act the Inquiry Committee may regulate its own procedure as it deems fit.

Read in full context — Legal Profession Bill →