Singapore legislation

Clause 34

of Legal Profession (Amendment) Bill

Clause 34

Amendment of section 90

Section 90 of the principal Act is amended —

(a)

by deleting subsection (1) and substituting the following subsection:“(1) The Chief Justice may from time to time appoint one or more Disciplinary Tribunals, each comprising —

(a)

a president, who shall be an advocate and solicitor who is a Senior Counsel or who has at any time held office as a Judge or Judicial Commissioner of the Supreme Court; and

(b)

an advocate and solicitor of not less than 12 years’ standing.”;

(b)

by deleting the words “Disciplinary Committee” in subsection (2) and in the section heading and substituting in each case the words “Disciplinary Tribunal”; and

(c)

by deleting subsections (3) to (9) and substituting the following subsections:“(3) The Chief Justice may at any time —

(a)

revoke the appointment of the Disciplinary Tribunal;

(b)

remove any member of the Disciplinary Tribunal; or

(c)

fill any vacancy in the Disciplinary Tribunal.(4) Without prejudice to the generality of subsection (3), where, after a Disciplinary Tribunal has commenced the hearing and investigation of any matter, any member of the Disciplinary Tribunal is unable through death, illness or other cause to conclude the hearing and investigation of the matter —

(a)

the Chief Justice may fill the vacancy or appoint another Disciplinary Tribunal to continue the hearing and investigation of the matter; and

(b)

the Disciplinary Tribunal so reconstituted or appointed may —

(i)

with the consent of —

(A)

the Society or, if the person making the complaint has conduct of the proceedings before the Disciplinary Tribunal, that person; and

(B)

the solicitor to whom the complaint relates,have regard to the evidence given, the arguments adduced and any orders made during the proceedings before the previous Disciplinary Tribunal; or

(ii)

hear and investigate the matter afresh.(5) The Chief Justice shall appoint a solicitor to be the secretary of every Disciplinary Tribunal.(6) The production of any written instrument purporting to be signed by the Chief Justice and making an appointment, revocation or removal referred to in this section shall be evidence that such appointment or revocation has been duly made.(7) Every member of a Disciplinary Tribunal appointed under subsection (1), and the secretary of every Disciplinary Tribunal appointed under subsection (5), shall be paid for each case such remuneration as the Chief Justice may determine.”.