Clause 18

In this Part, unless the context otherwise requires —“appointing committee” means an appointing committee appointed in accordance with section 36Q;“complaints committee” means a complaints committee appointed under section 36S(5);“instructing authority” means a person appointed by the Minister under section 36R(1) as the instructing authority for the purposes specified in that provision;“Judge” means a Judge of the Supreme Court, a Judicial Commissioner of the Supreme Court or a Senior Judge of the Supreme Court;“relevant appeal” means such appeal, from any judgment given or order made by the Singapore International Commercial Court, as may be prescribed for the purposes of this definition;“relevant proceedings” means such proceedings in the Singapore International Commercial Court as may be prescribed for the purposes of this definition;“Singapore International Commercial Court” means the division of the High Court constituted under section 18A of the Supreme Court of Judicature Act (Cap. 322).(2) For the purposes of sections 36S, 36T, 36U and 36Y, a reference to a foreign lawyer who is registered under section 36P includes a foreign lawyer whose registration under section 36P is cancelled or suspended, or lapses, after the commencement of proceedings under section 36S against the foreign lawyer.Registration of foreign lawyer to act in relation to relevant proceedings36P.—

Notwithstanding anything to the contrary in this Act, but without prejudice to section 15, a foreign lawyer who is registered under this section may, if granted full registration under this section, do all or any of the following:

appear and plead in any relevant proceedings;

appear and plead in the Court of Appeal in any relevant appeal;

represent any party to any relevant proceedings or relevant appeal in any matter concerning those proceedings or that appeal (as the case may be);

give advice, prepare documents and provide any other assistance in relation to or arising out of any relevant proceedings or relevant appeal.(2) Notwithstanding anything to the contrary in this Act, but without prejudice to section 15, a foreign lawyer who is registered under this section may, if granted restricted registration under this section, do all or any of the following:

appear in any relevant proceedings, solely for the purposes of making submissions on such matters of foreign law as are permitted by the Singapore International Commercial Court, or the Court of Appeal, in accordance with the Rules of Court;

appear in the Court of Appeal in any relevant appeal, solely for the purposes of making submissions on such matters of foreign law as are permitted by the Singapore International Commercial Court, or the Court of Appeal, in accordance with the Rules of Court;

give advice and prepare documents, solely for the purposes of making submissions, in any relevant proceedings or relevant appeal, on such matters of foreign law as are permitted by the Singapore International Commercial Court, or the Court of Appeal, in accordance with the Rules of Court.(3) An application may be made for a foreign lawyer to be registered under this section, if the foreign lawyer possesses such qualifications and satisfies such requirements as may be prescribed.(4) For the purposes of subsection (3), different qualifications and requirements may be prescribed for a foreign lawyer to be granted full registration under this section, and for a foreign lawyer to be granted restricted registration under this section.(5) An application for a foreign lawyer to be registered under this section shall be —

made to the Registrar in such form and manner as may be prescribed; and

accompanied by such fee, undertakings, documents and information as may be prescribed.(6) The Registrar may register a foreign lawyer under this section subject to such conditions as the Registrar may think fit to impose in any particular case.(7) A Judge may, of the Judge’s own motion or on the application of any interested party, order that a foreign lawyer have the foreign lawyer’s full registration or restricted registration under this section cancelled, if —

the foreign lawyer does not possess any qualification referred to in subsection (3) for full registration or restricted registration (as the case may be) under this section;

the foreign lawyer does not satisfy any requirement referred to in subsection (3) for full registration or restricted registration (as the case may be) under this section;

the foreign lawyer fails to comply with any condition imposed under subsection (6);

the foreign lawyer has been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction; or

the Judge is satisfied that the foreign lawyer should not have been registered under this section.(8) The Judge shall, before making an order under subsection (7), give the foreign lawyer a reasonable opportunity to be heard by the Judge.(9) An International Judge of the Supreme Court may, in the course of any relevant proceedings before the International Judge, of the International Judge’s own motion or on the application of any interested party, order that a foreign lawyer who appears in those proceedings have the foreign lawyer’s full registration or restricted registration under this section cancelled, if —

the foreign lawyer does not possess any qualification referred to in subsection (3) for full registration or restricted registration (as the case may be) under this section;

the foreign lawyer does not satisfy any requirement referred to in subsection (3) for full registration or restricted registration (as the case may be) under this section;

the foreign lawyer fails to comply with any condition imposed under subsection (6);

the foreign lawyer has been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction; or

the International Judge is satisfied that the foreign lawyer should not have been registered under this section.(10) The International Judge of the Supreme Court shall, before making an order under subsection (9), give the foreign lawyer a reasonable opportunity to be heard by the International Judge.(11) No appeal shall lie from —

any order made by a Judge under subsection (7); or

any order made by an International Judge of the Supreme Court under subsection (9).Appointing committee36Q.—

The Chief Justice shall appoint an appointing committee comprising —

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

a foreign lawyer of not less than 12 years’ standing who is registered under any provision of this Act which is prescribed for the purposes of this paragraph.(2) A member of the appointing committee shall be appointed for a term of 2 years and shall be eligible for reappointment.(3) Where any member of the appointing committee is unable to discharge that member’s functions in relation to any matter, the Chief Justice may appoint, to act in place of that member in that matter, a temporary member of the appointing committee who is qualified in the same manner as that member.(4) The Chief Justice may at any time remove from office any member of the appointing committee or fill any vacancy in the membership of the appointing committee.(5) The Chief Justice shall appoint a solicitor to be the secretary of the appointing committee.(6) The functions of the appointing committee are as follows:

to appoint under any relevant provision a solicitor to perform the duties referred to in that provision; and

to appoint under subsection (7), in place of any solicitor who ceases to be able to perform the duties referred to in any relevant provision, another solicitor to perform those duties.(7) Where any solicitor appointed under any relevant provision ceases to be able to perform the duties referred to in that relevant provision, or where any solicitor appointed under this subsection ceases to be able to perform the duties referred to in any relevant provision —

that solicitor (or the Singapore law practice in which that solicitor practises) shall, as soon as practicable after the cessation, notify the appointing committee in writing of the cessation; and

the appointing committee shall, within 3 weeks after the date on which it receives the notification under paragraph (a), appoint another solicitor to perform the duties referred to in that relevant provision.(8) A solicitor shall not be appointed under any relevant provision or subsection (7) unless the members of the appointing committee reach a unanimous decision on the appointment.(9) In subsections (3), (4) and (8), a reference to a member of the appointing committee includes a reference to a temporary member appointed under subsection (3).(10) In this section, “relevant provision” means section 36S(9)(c), (10)(b) or (15)(b) or 36T(2)(b) or (6)(a).Instructing authority36R.—

The Minister may, by notification published in the Gazette, appoint by name or office a person as the instructing authority for the following purposes:

giving instructions to any solicitor appointed by an appointing committee under section 36Q(7), 36S(9)(c), (10)(b) or (15)(b) or 36T(2)(b) or (6)(a);

making an application under section 36T(1); and

making an application under section 36U(1).(2) Every solicitor appointed under section 36Q(7), 36S(9)(c), (10)(b) or (15)(b) or 36T(2)(b) or (6)(a) shall act on the instructions of the instructing authority.Complaints against foreign lawyers registered under section 36P36S.—

Every foreign lawyer who is registered under section 36P shall be subject to the control of the Supreme Court and shall be liable on due cause shown —

to have his registration under section 36P 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) Any complaint of the conduct of a foreign lawyer who is registered under section 36P —

shall be made to the Registrar in writing; and

subject to subsection (3), shall be supported by such statutory declaration as the Registrar may require.(3) No statutory declaration shall be required if the complaint is made by a Judge, by an International Judge of the Supreme Court, by the Attorney-General, by the Council or by any public officer acting in the course of the public officer’s duties.(4) Where any complaint is made to the Registrar of the conduct of a foreign lawyer registered under section 36P, the Registrar shall, within one week after the date on which the Registrar receives the complaint —

furnish the foreign lawyer a copy of the complaint; and

make a request to the Chief Justice to appoint a complaints committee to hear and investigate the complaint.(5) The Chief Justice may appoint one or more complaints committees, each comprising —

a chairman, who shall be a person who has at any time held office as a Judge of the Supreme Court or Judicial Commissioner of the Supreme Court;

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

a foreign lawyer of not less than 12 years’ standing who is registered under any provision of this Act which is prescribed for the purposes of this paragraph.(6) The Chief Justice may at any time —

revoke the appointment of a complaints committee;

remove any member of a complaints committee; or

fill any vacancy in a complaints committee.(7) The Chief Justice shall appoint a solicitor to be the secretary of every complaints committee.(8) A complaints committee appointed to hear and investigate a complaint of the conduct of a foreign lawyer who is registered under section 36P —

shall, within 4 weeks after the date of its appointment —

determine whether there is a prima facie case for an investigation into the complaint; and

if it is of the opinion that there is no prima facie case for an investigation into the complaint, determine that no cause of sufficient gravity for disciplinary action exists against the foreign lawyer; and

may, in any event, invite the complainant to make a complaint of the conduct of the foreign lawyer to either or both of the following:

the foreign authority having the function conferred by law of authorising or registering persons to practise law in the state or territory in which the foreign lawyer is duly authorised or registered to practise law;

any relevant professional disciplinary body of the state or territory in which the foreign lawyer is duly authorised or registered to practise law.(9) If a complaints committee is of the opinion that there is a prima facie case for an investigation into a complaint of the conduct of a foreign lawyer who is registered under section 36P —

the secretary of the complaints committee shall notify in writing the Chief Justice, the Registrar, the complainant and the foreign lawyer of the opinion of the complaints committee;

the Registrar shall, within one week after the date on which the Registrar receives the notification under paragraph (a), notify the appointing committee and the instructing authority of the opinion of the complaints committee;

the appointing committee shall, within 3 weeks after the date on which it receives the notification under paragraph (b), appoint a solicitor to conduct the subsequent proceedings before the complaints committee and to frame the charge or charges to be preferred against the foreign lawyer; and

the solicitor appointed to conduct those proceedings shall frame the charge or charges preferred against the foreign lawyer, and submit the charge or charges to the complaints committee, within 2 weeks after the date on which the solicitor is appointed, or such longer period as the complaints committee may allow.(10) If a complaints committee is directed by a Judge under section 36T(5) to hear and investigate a complaint of the conduct of a foreign lawyer who is registered under section 36P on the basis that there is a prima facie case for an investigation into the complaint —

the Registrar shall notify in writing the Chief Justice, the complaints committee, the appointing committee, the instructing authority, the complainant and the foreign lawyer of the direction of the Judge;

the appointing committee shall, within 3 weeks after the date on which it receives the notification under paragraph (a), appoint a solicitor to conduct the subsequent proceedings before the complaints committee and to frame the charge or charges to be preferred against the foreign lawyer; and

the solicitor appointed to conduct those proceedings shall frame the charge or charges preferred against the foreign lawyer, and submit the charge or charges to the complaints committee, within 2 weeks after the date on which the solicitor is appointed, or such longer period as the complaints committee may allow.(11) Where subsection (9) or (10) applies, the complaints committee shall give the foreign lawyer a reasonable opportunity to be heard by the complaints committee, and shall, within 16 weeks after the date on which the charge or charges preferred against the foreign lawyer are submitted to the complaints committee —

record the complaints committee’s findings in relation to the charge or charges preferred against the foreign lawyer; and

determine that —

no cause of sufficient gravity for disciplinary action exists against the foreign lawyer;

while no cause of sufficient gravity for disciplinary action exists against the foreign lawyer, the foreign lawyer should be given a warning, reprimanded or ordered to pay a penalty sufficient and appropriate to the misconduct committed; or

cause of sufficient gravity for disciplinary action exists against the foreign lawyer.(12) The Chief Justice may, on the application of a complaints committee, grant to the complaints committee either or both of the following:

an extension of the period specified in subsection (8)(a) not extending beyond a period of 6 weeks after the date of the appointment of the complaints committee;

an extension of the period specified in subsection (11).(13) The opinion and determination of a complaints committee under subsection (8)(a)(ii), and the findings and determination of a complaints committee under subsection (11), shall be in the form of a report, of which the secretary of the complaints committee shall —

submit a copy to each of the Chief Justice and the Registrar; and

supply a copy to each of the complainant, the foreign lawyer concerned and the instructing authority.(14) Where a complaints committee makes a determination under subsection (11)(b)(ii), it may give the foreign lawyer concerned a warning, reprimand the foreign lawyer or order the foreign lawyer to pay a penalty of not more than $20,000.(15) Where a complaints committee makes a determination under subsection (11)(b)(iii) —

the Registrar shall, within one week after the date on which the Registrar receives a copy of the report submitted under subsection (13)(a), notify the appointing committee in writing of the determination of the complaints committee;

the appointing committee shall, within 3 weeks after the date on which it is notified under paragraph (a) of the determination of the complaints committee, appoint a solicitor to act for the instructing authority in an application under section 36U(1) against the foreign lawyer concerned and to conduct all proceedings relating to the application; and

the solicitor appointed to act for the instructing authority in the application shall file the application on behalf of the instructing authority within one month after the date on which the solicitor is appointed.(16) Where a complaints committee makes a determination under subsection (11)(b)(i), (ii) or (iii), the complaints committee may —

make an order for the payment of costs by the complainant or the foreign lawyer concerned; and

in such order, specify the amount of those costs or direct that the amount be taxed by the Registrar.(17) Any person awarded any costs under subsection (16) may sue for and recover those costs as if those costs were a debt due to that person.(18) The person prescribed for the purposes of this subsection shall —

publish the findings and determination of a complaints committee under subsection (11) in such manner as may be prescribed; and

make public a copy of the record of the proceedings of the complaints committee (including the findings and determination of the complaints committee).(19) Any person may obtain a copy of the record of proceedings of a complaints committee (including the findings and determination of the complaints committee under subsection (11)) from the person prescribed for the purposes of this subsection upon paying the prescribed fee.(20) All the members of a complaints committee shall be present to constitute a quorum for a meeting of the complaints committee.(21) Any questions arising at a meeting of a complaints committee shall be determined by a majority of votes of the members of the complaints committee.(22) Any resolution or decision in writing signed by all the members of a complaints committee shall be as valid and effectual as if it had been made or reached at a meeting of the complaints committee where all of the members of the complaints committee were present.(23) A complaints committee may require the complainant to deposit with the Registrar a sum not exceeding $1,000 to cover costs.(24) A complaints committee may, for the purposes of hearing and investigating a complaint, require the complainant or the foreign lawyer concerned to answer any question or furnish any document that the complaints committee considers relevant.(25) For the purposes of any complaint heard and investigated by a complaints committee —

the complaints committee may administer oaths; and

the instructing authority, the foreign lawyer concerned and the secretary of the complaints committee may sue out subpoenas to testify or to produce documents.(26) No person shall be compelled under any subpoena referred to in subsection (25)(b) to produce any document which the person could not be compelled to produce at the trial of an action.(27) A subpoena referred to in subsection (25)(b) shall be served and may be enforced as if it was a subpoena issued in connection with a civil action in the High Court.(28) Any person giving evidence before a complaints committee shall be legally bound to tell the truth.(29) Any person who makes a complaint under subsection (2) which that person knows to be false in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.(30) Any person who refuses or fails, without reasonable excuse, to comply with any requirement of a complaints committee under subsection (24) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.Application for review of decision of complaints committee36T.—

Where a complaints committee has made a determination under section 36S(8)(a)(ii) or (11)(b)(i) or (ii), the complainant, the foreign lawyer concerned or the instructing authority may, within 10 weeks after being supplied under section 36S(13)(b) a copy of the report containing the determination, apply to a Judge for a review of that determination.(2) Where the instructing authority intends to make an application under subsection (1) —

the instructing authority shall, within 14 days after being supplied under section 36S(13)(b) a copy of the report containing the determination of the complaints committee under section 36S(8)(a)(ii) or (11)(b)(i) or (ii), notify the appointing committee in writing of the intention;

the appointing committee shall, within 3 weeks after the date on which it receives the notification under paragraph (a), appoint a solicitor to act for the instructing authority in the application and to conduct all proceedings relating to the application; and

the solicitor appointed to act for the instructing authority in the application shall file the application on behalf of the instructing authority within one month after the date on which the solicitor is appointed.(3) An application under subsection (1) shall be —

made by originating summons and supported by an affidavit; and

served, together with the affidavit, on —

the complainant, if the complainant is not the applicant;

the foreign lawyer concerned, if the foreign lawyer is not the applicant;

the instructing authority, if the instructing authority is not the applicant; and

the secretary of the complaints committee.(4) Upon receiving the application, the secretary of the complaints committee shall file in court the report containing the determination and the record of the proceedings of the complaints committee (if any).(5) The Judge hearing the application —

shall have full power to determine any question necessary to be determined for the purpose of doing justice in the case, including any question as to the correctness, legality or propriety of the determination of the complaints committee, or as to the regularity of any proceedings of the complaints committee; and

may make such orders as the Judge thinks fit, including —

an order —

authorising or directing the instructing authority to make an application under section 36U(1) against the foreign lawyer concerned; and

directing the appointing committee to appoint a solicitor to act for the instructing authority in the application under section 36U(1) and to conduct all proceedings relating to the application;

an order setting aside the determination of the complaints committee and directing —

the complaints committee to hear and investigate the complaint on the basis that there is a prima facie case for an investigation into the complaint, or to rehear and reinvestigate the complaint; or

the Registrar to make a request to the Chief Justice for the appointment of another complaints committee to hear and investigate the complaint;

an order setting aside any warning given by, or any reprimand or order of, the complaints committee under section 36S(14), varying the amount of the penalty payable under any order of the complaints committee under section 36S(14), or setting aside or varying any order of the complaints committee under section 36S(16); and

an order as to the costs of and incidental to the proceedings under this section.(6) If the Judge makes an order directing the appointing committee to appoint a solicitor to act for the instructing authority in an application under section 36U(1) and to conduct all proceedings relating to the application —

the appointing committee shall, within 3 weeks after the date on which it is notified by the Registrar in writing of the order, appoint a solicitor to act for the instructing authority in the application under section 36U(1) and to conduct all proceedings relating to the application; and

the solicitor appointed to act for the instructing authority in the application shall file the application on behalf of the instructing authority within one month after the date on which the solicitor is appointed.(7) No appeal shall lie from any decision of the Judge under subsection (5).Application for cancellation of registration under section 36P, etc.36U.—

An application for an order that a foreign lawyer who is registered under section 36P —

have his registration under section 36P cancelled or suspended (for such period as the court may think fit);

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

be censured; or

suffer the punishment referred to in paragraph (b) in addition to the punishment referred to in paragraph (a) or (c),shall be made by originating summons.(2) An application under subsection (1) shall be heard by a court of 3 Judges of the Supreme Court, and there shall be no appeal from the decision of that court.(3) The court of 3 Judges —

shall have full power to determine any question necessary to be determined for the purpose of doing justice in the case, including any question as to the correctness, legality or propriety of the determination of the complaints committee, or as to the regularity of any proceedings of the complaints committee;

may make an order setting aside the determination of the complaints committee and directing —

the complaints committee to rehear and reinvestigate the complaint; or

the Registrar to make a request to the Chief Justice for the appointment of another complaints committee to hear and investigate the complaint;

may make an order setting aside or varying any order of the complaints committee under section 36S(16);

may direct the Registrar to inform either or both of the following of the decision of the court of 3 Judges:

the foreign authority having the function conferred by law of authorising or registering persons to practise law in the state or territory in which the foreign lawyer is duly authorised or registered to practise law;

any relevant professional disciplinary body of the state or territory in which the foreign lawyer is duly authorised or registered to practise law; and

may make such order as to the costs of and incidental to the proceedings under this section as the court of 3 Judges thinks fit.(4) The Chief Justice or any other Judge of the Supreme Court shall not be a member of the court of 3 Judges when the application under subsection (1) is in respect of a complaint made by him.(5) Where a foreign lawyer’s registration under section 36P has been cancelled pursuant to an order of the court of 3 Judges —

in any case where the order prohibits the foreign lawyer from reapplying for registration under section 36P until after a date specified in the order, the foreign lawyer shall be prohibited from reapplying for such registration until after that date; or

in any other case, the foreign lawyer shall be permanently prohibited from reapplying for registration under section 36P.Restriction of judicial review36V.—

Except as provided in sections 36T and 36U, there shall be no judicial review in any court of any act done or decision made by a complaints committee.(2) In this section, “judicial review” includes proceedings instituted by way of —

an application for a Mandatory Order, a Prohibiting Order or a Quashing Order; or

an application for a declaration or an injunction, or any other suit or action, relating to or arising out of any act done or decision made by the complaints committee.Provisions as to penalties payable under this Part36W.—

Where the court or a complaints committee has ordered a foreign lawyer to pay a penalty under this Part, the foreign lawyer shall pay the penalty to the Registrar.(2) Any penalty payable under subsection (1) which is not paid may be recoverable by the Government as a judgment debt.(3) All sums collected by the Registrar under subsection (1) or recovered by the Government under subsection (2) shall be paid into the Consolidated Fund.Protection from personal liability36X.—

No liability shall be incurred by any person or committee specified in subsection (2) for anything done (including any statement made) or omitted to be done in good faith in the execution or purported execution of any function, duty or power of that person or committee (as the case may be) under this Part or any rules made under section 36Y.(2) For the purposes of subsection (1), the persons and committees are as follows:

the instructing authority;

the appointing committee;

any member (including a temporary member) or the secretary of the appointing committee;

any complaints committee;

any member or the secretary of a complaints committee.Rules for this Part36Y.—

The Rules Committee may make such rules as may be necessary or expedient for the purposes of this Part.(2) Without prejudice to the generality of subsection (1), the Rules Committee may make rules —

to prescribe anything which may be prescribed under this Part;

to prescribe the qualifications, experience and expertise required of a foreign lawyer, and any other requirement, for eligibility to apply for registration under section 36P;

to provide, without prejudice to the generality of section 36P, for the making of any application for registration under that section, or for the renewal of any such registration, and for all other related matters;

to provide for —

the payment of fees (including administrative fees and processing fees) and other charges for —

any application for or renewal of any registration under section 36P; and

any matter related or incidental to any such application or renewal; and

all other related matters;

to provide for the cancellation, suspension or lapsing of any registration under section 36P;

to require the submission of information and particulars relating to any foreign lawyer registered under section 36P;

to provide for the form and manner in which the register of foreign lawyers registered under section 36P is to be kept;

to provide for the issuance and amendment of certificates of registration and certified true copies of such certificates, and for the payment of fees in relation to such certificates;

for regulating foreign lawyers registered under section 36P;

for regulating the professional practice, etiquette and conduct of foreign lawyers registered under section 36P;

for regulating the hearing and investigation of a complaint by a complaints committee;

to provide for any matter relating to —

the publication under section 36S(18)(a) of the findings and determination of a complaints committee;

the prescribed fee under section 36S(19); or

the deposit under section 36S(23); and

for regulating and prescribing the procedure and practice to be followed in connection with any application under section 36T(1) or 36U(1) and any proceedings under section 36T or 36U.”.