Clause 36

Every regulated foreign lawyer shall be subject to the control of the Supreme Court and shall be liable on due cause shown —

to have his registration under section 36B, 36C or 36D cancelled or suspended (for such period as the court may think fit), to have his registration under section 36P (if any) cancelled or suspended (for such period as the court may think fit), or to have his approval under section 176(1) cancelled or suspended (for such period, not exceeding 5 years, as the court may think fit), as the case may be;

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 regulated 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 of the following as amounts to improper conduct or practice as a regulated foreign lawyer:

any usage or rule of conduct made by the Professional Conduct Council under section 71;

Part VA or any rules made under section 70H;

any rules made under section 36M(2)(r);

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 foreign lawyer registered under section 36B;

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 foreign lawyer registered under section 36B 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 regulated foreign lawyer 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, ordered to pay a penalty, censured or reprimanded in his capacity as a legal practitioner by whatever name called in any other jurisdiction.(3) In any proceedings instituted under this Part against a regulated foreign lawyer, the court may in addition to the facts of the case take into account his past conduct in order to determine what order should be made.(4) In any proceedings instituted under this Part against a regulated foreign lawyer consequent upon his 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 his conviction as final and conclusive.(5) Subject to subsection (6), sections 36S, 36T and 36U shall not apply to a regulated foreign lawyer who is registered under section 36P.(6) Where any complaint of the conduct of a foreign lawyer who is registered under section 36P is made in accordance with section 36S(2) before the foreign lawyer becomes a regulated foreign lawyer, then —

sections 36S, 36T and 36U shall continue to apply to the foreign lawyer in respect of that complaint;

this Part shall not apply to the foreign lawyer in respect of that complaint; and

unless that complaint is withdrawn or deemed to be withdrawn, this Part shall not apply to the foreign lawyer in respect of any other complaint relating to the same subject-matter as that complaint.”.