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In force2020 Revised Edition

Part 4 · Privileges of Advocates and Solicitors

35A. Order to repay upon conviction under section 33

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(1)

A court may, on the application of the Public Prosecutor, order any unauthorised person convicted of an offence under section 33(1), (2) or (3) or against whom a court has taken into consideration such an offence in sentencing him or her —

(a)

to repay any fee, gain or reward received in respect of any such offence to the person who made the payment; or

(b)

to pay any fee, gain or reward mentioned in paragraph (a) to the Society for the benefit of the person who made the payment.

(2)

The Society must hold and pay out any moneys received pursuant to an order made under subsection (1)(b) in the manner prescribed under subsection (5).

(3)

In any proceedings under subsection (1), a certificate purporting to be issued by the Public Prosecutor certifying the amount of any fee, gain or reward mentioned in subsection (1)(a) paid by a person to an unauthorised person is prima facie evidence of the amount that the unauthorised person is liable to repay under subsection (1)(a) as at the date of the certificate.

(4)

An amount ordered to be paid under subsection (1) carries interest as from the date of the order and at the same rate as a judgment debt.

(5)

The Council may, with the approval of the Chief Justice, make rules for the purposes of subsection (2).

(6)

In this section, “fee, gain or reward” does not include disbursements.

Report

Part 4A

Registration of Foreign Lawyers, Solicitors in Foreign Law Practices and Non-Practitioners, Etc.

Part 4B

Representation in Singapore International Commercial Court

Part 5

The Law Society of Singapore

Part 5A

Prevention of Money Laundering, Terrorism Financing and Financing of Proliferation of Weapons of Mass Destruction

Part 5B

Unclaimed Money Fund

Part 6

Professional Practice, Conduct and Discipline

Part 6A

Part 6B

Part 7

Disciplinary Proceedings

Part 8

Remuneration Received by Singapore Law Practices or Solicitors, or in Respect of Practice of Singapore Law

Part 8A

Conditional Fee Agreements

Part 9

Recovery and Assessment of Costs

Part 9A

Law Practice Entities

Part 10

Miscellaneous

Schedules