Clause 27

For the purposes of this section, there shall be a Professional Conduct Council consisting of —

the Chief Justice, who shall be the Chairman of the Professional Conduct Council;

the Attorney-General;

the President of the Society;

a Judge of the Supreme Court appointed by the Chief Justice for such period as the Chief Justice may specify in writing;

the Presiding Judge of the Family Justice Courts;

the Presiding Judge of the State Courts;

at least one and not more than 3 advocates and solicitors, each of whom shall be appointed by the Chief Justice for such period as the Chief Justice may specify in writing;

at least one and not more than 3 foreign lawyers, each of whom is registered under section 36B, 36C or 36D and shall be appointed by the Chief Justice for such period as the Chief Justice may specify in writing;

not more than 2 other persons, each (if any) of whom may be appointed by the Chief Justice for such period as the Chief Justice may specify in writing; and

a person appointed by the Minister for such period as the Minister may specify in writing.(2) The Professional Conduct Council may make rules for regulating —

the professional practice, etiquette, conduct and discipline of every regulated legal practitioner and every person admitted under section 15;

the conduct and discipline of every regulated non-practitioner; and

the management of every Singapore law practice, every Joint Law Venture, every Formal Law Alliance, every Qualifying Foreign Law Practice and every licensed foreign law practice.(3) Without prejudice to the generality of subsection (2), the rules made under that subsection may —

empower the Council to take such action as may be necessary to enable the Council to ascertain whether or not those rules are being complied with; and

empower the Director of Legal Services to take such action as may be necessary to enable him to ascertain whether or not any rules made under subsection (2)(c) are being complied with.(4) Upon an application made by any person or entity specified in the following paragraphs, the Professional Conduct Council may, in its discretion, exempt that person or entity from all or any, and from the whole or any part of any, of the requirements under the rules made under subsection (2), if the Professional Conduct Council is of the opinion that it is reasonable to do so:

a regulated legal practitioner;

a person admitted under section 15;

a regulated non-practitioner;

a Singapore law practice;

a Joint Law Venture;

a Formal Law Alliance;

a Qualifying Foreign Law Practice;

a licensed foreign law practice.(5) An exemption granted to a person or an entity under subsection (4) —

may be subject to such conditions as the Professional Conduct Council may think fit to impose by notice in writing to the person or entity;

shall be notified in writing to the person or entity; and

need not be published in the Gazette.(6) The Professional Conduct Council may issue, in respect of any matter relating to the rules made under subsection (2), such practice directions, guidance notes and rulings as the Professional Conduct Council thinks appropriate.(7) The rules made under subsection (2) shall, to the extent of any inconsistency, prevail over —

any practice directions, guidance notes and rulings issued under subsection (6);

any rules made by the Council under section 59; and

any practice directions, guidance notes and rulings (relating to professional practice, etiquette, conduct and discipline) issued by the Council or the Society.(8) The practice directions, guidance notes and rulings issued under subsection (6) shall, to the extent of any inconsistency, prevail over any practice directions, guidance notes and rulings (relating to professional practice, etiquette, conduct and discipline) issued by the Council or the Society.(9) Except as provided under subsections (7) and (8), all practice directions, guidance notes and rulings (relating to professional practice, etiquette, conduct and discipline) issued by the Council or the Society that have not been revoked by the Council or the Society (as the case may be) shall continue in force until they are revoked by the Council or the Society (as the case may be).(10) The Professional Conduct Council may appoint one or more committees for such purposes of this section as, in the opinion of the Professional Conduct Council, may be better regulated or managed by means of a committee.(11) A committee appointed under subsection (10) may include persons who are not members of the Professional Conduct Council.(12) The Professional Conduct Council may delegate all or any of its functions and powers under subsections (4), (5) and (6) to any committee appointed under subsection (10).(13) Every committee appointed under subsection (10) shall report to the Professional Conduct Council.(14) Disciplinary proceedings may be taken against any regulated legal practitioner, person admitted under section 15 or regulated non-practitioner who contravenes any rules made under subsection (2).(15) The Director of Legal Services may exercise the following powers against the following entities:

the powers under section 133 against a law firm which contravenes any rules made under subsection (2)(c);

the powers under section 145 against a limited liability law partnership which contravenes any rules made under subsection (2)(c);

the powers under section 161 against a law corporation which contravenes any rules made under subsection (2)(c);

the powers under section 174 against a Joint Law Venture or Formal Law Alliance which contravenes any rules made under subsection (2)(c); and

the powers under section 175 against a Qualifying Foreign Law Practice or licensed foreign law practice which contravenes any rules made under subsection (2)(c).”.