Clause 5

This section shall apply to any solicitor —

whose suspension from practice has expired;

who has been discharged from bankruptcy;

who has been sentenced to a term of imprisonment in any civil or criminal proceedings in Singapore or elsewhere;

who has been convicted of an offence involving dishonesty or fraud;

who has been convicted of an offence in relation to his conduct in his practice of law;

who has been found guilty of misconduct in any other professional capacity;

whom the Attorney-General or the Council is satisfied is incapacitated by illness or accident to such extent as to be unable to attend to his practice; or

whom the Attorney-General or the Council is satisfied has failed to comply with any of the rules made under section 72.(2) Where a solicitor to whom this section applies makes an application for a practising certificate, the Attorney-General or the Council may, having regard to all the circumstances of the case, in writing request the Registrar —

to refuse the application for a practising certificate; or

to issue a practising certificate to the solicitor subject to such conditions as the Attorney-General or the Council may specify,and the Registrar may, subject to subsections (6) and (7), comply with the request and notify the solicitor in writing.(3) Without prejudice to the generality of subsection (2)(b) —

conditions may be imposed under that subsection for requiring the applicant to take any specified steps that will, in the opinion of the Attorney-General or the Council, be conducive to his carrying on an efficient practice as a solicitor; and

conditions may be so imposed (whether for the purpose mentioned in paragraph (a) or otherwise) notwithstanding that they may result in expenditure being incurred by the applicant.(4) Where the Attorney-General or the Council makes a request under subsection (2) by reason only of any such circumstances as are mentioned in paragraph (c), (d), (e), (f), (g) or (h) of subsection (1), the solicitor concerned may, upon proof of a change in the circumstances or for other good cause, inform the Attorney-General or the Council, as the case may be, of the change or good cause.(5) The Attorney-General or the Council, as the case may be, shall upon being so informed under subsection (4) re-consider the request and may in writing request the Registrar —

to grant the application for a practising certificate; or

to remove any condition imposed on the practising certificate under subsection (2)(b),and the Registrar may comply with the request and notify the solicitor in writing.(6) Where a practising certificate free of conditions is issued by the Registrar to a solicitor in relation to whom this section applies by reason of any such circumstances as are mentioned in subsection (1) then, except in the case of any circumstances of whose existence the Attorney-General or the Council is unaware at the time the certificate is issued, this section shall not thereafter apply in relation to that solicitor by reason of those circumstances.(7) The Registrar shall not refuse an application by a solicitor for a practising certificate where —

this section applies to the solicitor by reason only of any such circumstances as are mentioned in paragraph (a) or (b) of subsection (1); or

disciplinary proceedings against the solicitor under Part VII by reason of any such circumstances as are mentioned in subsection (1) have been disposed of.Appeals in connection with issue of practising certificates25B.—

Where the Registrar has refused to issue a practising certificate or has issued a practising certificate subject to a condition to a solicitor under section 25A, the solicitor may, within one month of being notified by the Registrar of the decision, appeal to a judge by originating summons.(2) Any appeal under subsection (1) shall be served on the Attorney-General and the Society, and the Attorney-General and the Society may appear at the hearing to make representations.(3) On such appeal, the judge may —

direct the Registrar not to issue a practising certificate to the solicitor;

direct the Registrar to issue a practising certificate to the solicitor free from conditions or subject to such conditions as the judge thinks fit; or

make such other order as the judge thinks fit.(4) No appeal shall lie from any order made by a judge under this section.”.