Singapore legislation

Clause 16

of Legal Profession (Amendment) Bill

Clause 16

Amendment of section 86

Section 86 of the principal Act is amended —

(a)

by deleting the words “an application under section 85(1) or” in the third and fourth lines of subsection (1);

(b)

by deleting the words “written application,” in the first line of subsection (6)(a);

(c)

by deleting the word “application,” in the fifth line of subsection (6)(a);

(d)

by inserting, immediately after the word “may” in the fifth line of subsection (8), the words “, after giving notice to him,”; and

(e)

by inserting, immediately after subsection (8), the following subsections:“(8A) Where in the course of its inquiry an Inquiry Committee receives information touching on or evidence of the conduct of the advocate and solicitor concerned which discloses an offence under any written law, the Inquiry Committee shall record the information in its report to the Council.(8B) Where the complainant withdraws his complaint before the Council has referred the complaint to an Inquiry Committee or before the conclusion of the inquiry by an Inquiry Committee, the Council may, notwithstanding such withdrawal, refer the complaint to or direct an Inquiry Committee to continue the inquiry, as the case may be, and the Inquiry Committee shall comply with the direction and all future proceedings thereon shall be taken as if the complaint had been made by the Society.(8C) Subsections (2) to (6) of section 91 shall apply, mutatis mutandis, in relation to an Inquiry Committee as they apply in relation to a Disciplinary Committee and the references in those subsections to a Disciplinary Committee shall be read as references to an Inquiry Committee.”.