Singapore legislation

Clause 15

of Legal Profession (Amendment) Bill

Clause 15

Amendment of section 41

Section 41 of the principal Act is amended —

(a)

by deleting the word “Any” in subsection (1) and substituting the words “Subject to subsections (3) and (4), any”;

(b)

by deleting the words “under rules made under section 130I” in subsection (1)(b) and substituting the words “by the Attorney-General under Part IXA who is not a foreign practitioner member”;

(c)

by inserting, immediately after the words “qualified person” in subsection (1)(c), the words “(not being an advocate and solicitor) who is”;

(d)

by inserting, immediately after subsection (1), the following subsection:“(1A) Subject to subsection (5), any of the following persons (not being an advocate and solicitor, a foreign lawyer referred to in section 40A(1) or subsection (1), or a qualified person referred to in subsection (1)) may be admitted as a member of the Society on his application in the prescribed manner to the Society:

(a)

any member of the academic staff —

(i)

of the Faculty of Law of the National University of Singapore;

(ii)

of the School of Law of the Singapore Management University; or

(iii)

of any department in any institution of higher learning in Singapore who teaches law in that department;

(b)

any person resident in Singapore who is recognised, by a foreign authority having the function conferred by law of authorising or registering persons to practise law in a state or territory other than Singapore, to be eligible to practise law in that state or territory;

(c)

any person resident in Singapore who is attending a course of study leading to a qualification prescribed under section 2(2).”;

(e)

by inserting, immediately after the words “subsection (1)” in subsection (2), the words “or (1A)”; and

(f)

by inserting, immediately after subsection (2), the following subsections:“(3) Subsection (1) shall not apply to —

(a)

an advocate and solicitor —

(i)

who has been struck off the roll, or whose name has been removed from the roll under section 100; and

(ii)

whose name has not been replaced on the roll under section 102;

(b)

an advocate and solicitor who has been suspended from practice, for so long as the suspension remains in force;

(c)

a foreign lawyer whose registration under Part IXA has been cancelled, and who has not been re-registered by the Attorney-General under that Part;

(d)

a foreign lawyer whose registration under Part IXA has been suspended, for so long as the suspension remains in force; or

(e)

a qualified person who has been prohibited under section 83(3) from applying to the court for admission, for so long as the prohibition remains in force.(4) A person admitted as a member of the Society under subsection (1) shall cease to be a member if —

(a)

being an advocate and solicitor referred to in subsection (1)(a) —

(i)

he is struck off the roll or suspended from practice; or

(ii)

his name is removed from the roll under section 100;

(b)

being a foreign lawyer referred to in subsection (1)(b), his registration under Part IXA is cancelled or suspended; or

(c)

being a qualified person referred to in subsection (1)(c), he is prohibited under section 83(3) from applying to the court for admission.(5) A person admitted as a member of the Society under subsection (1A)(c) shall cease to be a member when he becomes a qualified person.”.

Clause 15 — Legal Profession (Amendment) Bill | laws.sg