Singapore legislation
Clause 17
Clause 17
Amendment of section 85
Section 85 of the principal Act is amended —
by deleting subsection (3) and substituting the following subsection:“(3) Any Judge of the Supreme Court or the Attorney-General may at any time refer to the Society any information touching upon the conduct of any advocate and solicitor and the Council shall —
refer the matter to the Chairman of the Inquiry Panel; or
where the Judge or the Attorney-General requests that the matter be referred to a Disciplinary Committee, apply to the Chief Justice to appoint a Disciplinary Committee.”;
by deleting subsection (6) and substituting the following subsections:“(6) Where any complaint or information touching upon the conduct of any advocate and solicitor is referred to the Chairman of the Inquiry Panel under subsection (1), (2) or (3), the Chairman shall immediately constitute one or more Review Committees consisting of —
a chairman, being himself or a member of the Inquiry Panel who is an advocate and solicitor; and
a legal officer who has not less than 10 years’ experience,to review the complaint or information within 2 weeks of its constitution.(6A) A Review Committee may, in the course of a review under subsection (6), require the complainant or the advocate and solicitor concerned to answer any inquiry or to furnish any record that the Review Committee considers relevant for the purpose of the review.(6B) On the completion of a review under subsection (6), a Review Committee shall —
direct the Council to dismiss the matter if it is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance and give the reasons for the dismissal; or
in any other case, refer the matter back to the Chairman of the Inquiry Panel.(6C) The Council shall, within 7 days of receiving any direction under subsection (6B)(a) —
give effect to the direction to dismiss the matter; and
inform the complainant and the advocate and solicitor concerned of the dismissal of the matter and furnish the complainant with the reasons of the Review Committee in writing.(6D) Where any complaint or information touching upon the conduct of any advocate and solicitor is referred back to the Chairman of the Inquiry Panel under subsection (6B)(b), the Chairman shall immediately constitute an Inquiry Committee consisting of —
a chairman, being a member of the Inquiry Panel who is an advocate and solicitor;
a member of the Inquiry Panel who is an advocate and solicitor;
a member of the Inquiry Panel who is a lay person; and (d)a legal officer who has not less than 10 years’ experience,to inquire into the complaint or information.(6E) A member of a Review Committee who has reviewed any matter concerning any advocate and solicitor shall not be a member of an Inquiry Committee inquiring into the same matter.”; and
by inserting, immediately after subsection (15), the following subsection:“(16) Any person who makes a complaint to the Society under this Part which he knows to be false in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.”.