Clause 17

Every foreign lawyer who is registered by the Attorney-General under section 130I shall be subject to the control of the Supreme Court and shall be liable on due cause shown —

to have his registration under section 130I cancelled or suspended for such period as the court may think fit;

to pay a penalty of not more than $100,000;

to be censured; or

to suffer the punishment referred to in paragraph (b) in addition to the punishment referred to in paragraph (a) or (c).(2) Such due cause may be shown by proof that the foreign lawyer —

has been convicted of a criminal offence, implying a defect of character which makes him unfit for his profession;

has been guilty of fraudulent or grossly improper conduct in the discharge of his professional duty or guilty of such a breach of any usage or rule of conduct made under section 130W(2)(u) as amounts to improper conduct or practice as a foreign lawyer registered by the Attorney-General under section 130I;

has been adjudicated bankrupt and has been guilty of any of the acts or omissions mentioned in section 124(5)(a), (b), (c), (d), (e), (f), (h), (i), (k), (l) or (m) of the Bankruptcy Act (Cap. 20);

has tendered or given or consented to retention, out of any fee payable to him for his services, of any gratification for having procured the employment in any legal business of himself, of any advocate and solicitor or, in relation only to the practice of Singapore law, of any other foreign lawyer registered by the Attorney-General under section 130I;

has, directly or indirectly, procured or attempted to procure the employment of himself, of any advocate and solicitor or, in relation only to the practice of Singapore law, of any other foreign lawyer registered by the Attorney-General under section 130I through or by the instruction of any person to whom any remuneration for obtaining such employment has been given by him or agreed or promised to be so given;

has accepted employment in any legal business through a person who has been proclaimed a tout under any written law relating thereto;

has been guilty of such misconduct unbefitting a foreign lawyer registered by the Attorney-General under section 130I or as a member of an honourable profession;

carries on by himself or any person in his employment any trade, business or calling that detracts from the profession of law or is in any way incompatible with it, or is employed in any such trade, business or calling;

has contravened any of the provisions of this Act in relation thereto if such contravention warrants disciplinary action; or

has been disbarred, struck off, suspended or censured in his capacity as a legal practitioner by whatever name called in any other country.(3) Sections 85 to 99 and 103 to 106 shall apply, with the necessary modifications, to a foreign lawyer registered by the Attorney-General under section 130I as they apply to an advocate and solicitor registered by the Attorney-General under section 130N, except that in lieu of an order that he be struck off the roll or suspended from practice for a period not exceeding 5 years, an order may be made for his registration under section 130I to be cancelled or suspended for such period as the court may think fit.(4) In any proceedings instituted under this section against a foreign lawyer registered by the Attorney-General under section 130I, the court may in addition to the facts of the case take into account the past conduct of the foreign lawyer in order to determine what order should be made.(5) In any proceedings instituted under this section against a foreign lawyer registered by the Attorney-General under section 130I consequent upon the foreign lawyer’s conviction for a criminal offence, an Inquiry Committee, a Disciplinary Tribunal and a court of 3 Judges of the Supreme Court referred to in section 98 shall accept the foreign lawyer’s conviction as final and conclusive.”.