Legal Profession Act 1966 · 2020 Revised Edition · Part 5 · The Law Society of Singapore
49. Elected members
Feedback & supportLast amended by an amending law of 2023. 4 amendments in all.
There are to be 15 elected members of the Council consisting of —
Council
“Council” means the Council of the Society established under section 47;
7 practitioner members, each of whom is an advocate and solicitor of not less than 15 years’ standing on the day of his or her nomination for election to the Council;
4 practitioner members, each of whom is an advocate and solicitor of less than 15 years’ but not less than 5 years’ standing on the day of his or her nomination for election to the Council; and
4 practitioner members, each of whom is an advocate and solicitor of less than 5 years’ standing on the day of his or her nomination for election to the Council.
Subject to the provisions of this Act, every elected member of the Council holds office as a member of the Council for 2 years.
Subject to subsection (4), a practitioner member who has been struck off the roll of advocates and solicitors or suspended from practising as an advocate and solicitor for a period of 6 months or more or has been convicted of an offence involving fraud or dishonesty is not eligible for election or appointment as a member of the Council.
roll
“roll” means the roll of advocates and solicitors of the Supreme Court kept under section 16;
A practitioner member may, after a period of 5 years following the date of his or her conviction or the date he or she was reinstated to the roll of advocates and solicitors or the date of the expiry of his or her suspension, whichever is the later, with the permission of a court of 3 Supreme Court Judges, one of whom must be the Chief Justice, be eligible for election or appointment as a member of the Council.
court
“court” means the General Division of the High Court or a Judge sitting in open court in the General Division of the High Court;
Where an application for permission under subsection (4) has been refused, the applicant is not entitled to make another application under that subsection within a period of 5 years from the date the firstmentioned application was dismissed.
An application for permission under subsection (4) must be made by originating application.
The court of 3 Judges is not to give permission under subsection (4) unless —
notice of intention to apply therefor and all documents in support thereof have been served at least 14 clear days before the date of the hearing on the Attorney‑General and on the Society, either or both of whom may be represented at the hearing of, and may oppose, the application;
the applicant satisfies the court that his or her conduct since his or her conviction, striking‑out or suspension did not make him or her unfit to be a member of the Council; and
the applicant exhibits affidavits of at least 2 practitioner members who are and have been in active practice in Singapore for a total of not less than 5 out of the 7 years immediately preceding the date of the application attesting to the applicant’s good behaviour from the date of his or her conviction, striking‑out or suspension and stating whether in their opinion he or she is a fit and proper person to be a member of the Council.
A practitioner member must, before his or her election or appointment as a member of the Council, file a declaration with the Society stating that he or she is not disqualified from holding office as a member of the Council by virtue of subsection (3) or, if he or she is so disqualified, stating that he or she has obtained the permission of the court under subsection (4) for election or appointment as a member of the Council.
Society
“Society” means the Law Society of Singapore established under section 37;
Any person who contravenes subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
Whenever it is necessary for any reason to elect all the elected members of the Council at an annual election —
3 members specified in subsection (1)(a);
2 members specified in subsection (1)(b); and
2 members specified in subsection (1)(c),chosen by lot at the first meeting of the Council after the election are to hold office for only one year.
Every elected member of the Council is eligible for re‑election if he or she is qualified to be a candidate.