Singapore legislation
Section 83A
Section 83A
Power to discipline regulated foreign lawyers
(1)
Every regulated foreign lawyer is subject to the control of the Supreme Court and shall be liable on due cause shown —
to have his or her registration under section 36B, 36C or 36D cancelled or suspended (for such period as the court may think fit), to have his or her registration under section 36P (if any) cancelled or suspended (for such period as the court may think fit), or to have the approval given to him or her 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)
Subject to subsection (7), 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 or her unfit for his or her profession;
has been guilty of fraudulent or grossly improper conduct in the discharge of his or her 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 5A 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 394(5)(a), (b), (c), (d), (e), (f), (h), (i), (k) or (l) of the Insolvency, Restructuring and Dissolution Act 2018;
has tendered or given or consented to retention, out of any fee payable to him or her for his or her services, of any gratification for having procured the employment in any legal business of himself or herself, 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 or herself, 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 her 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 herself, or by any person in his or her 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 or her 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 or her 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 or her conviction for a criminal offence, an Inquiry Committee, a Disciplinary Tribunal and a court of 3 Supreme Court Judges mentioned in section 98 are to accept the conviction as final and conclusive.
(5)
Subject to subsection (6), sections 36S, 36T and 36U do 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 continue to apply to the foreign lawyer in respect of that complaint;
this Part does not apply to the foreign lawyer in respect of that complaint; and
unless that complaint is withdrawn or deemed to be withdrawn, this Part does not apply to the foreign lawyer in respect of any other complaint relating to the same subject matter as that complaint.
(7)
The Minister may make rules for the exemption from subsection (2)(d) or (e) of any regulated foreign lawyer who satisfies such requirements, and does an act referred to in subsection (2)(d) or (e) in such circumstances, as may be prescribed in those rules.