Singapore legislation

Clause 35

of Legal Profession (Amendment) Bill

Clause 35

Amendment of section 83

Section 83 of the principal Act is amended —

(a)

by deleting paragraph (b) of subsection (2) and substituting the following paragraph:“(b)has been guilty of fraudulent or grossly improper conduct in the discharge of his professional duty or guilty of such a breach of any of the following as amounts to improper conduct or practice as an advocate and solicitor:

(i)

any usage or rule of conduct made by the Professional Conduct Council under section 71 or by the Council under the provisions of this Act;

(ii)

Part VA or any rules made under section 70H;

(iii)

any rules made under section 36M(2)(r);”;

(b)

by deleting the words “by the Attorney-General under section 130I” in subsection (2)(d) and (e) and substituting in each case the words “under section 36B”;

(c)

by deleting the word “country” in subsection (2)(k) and substituting the word “jurisdiction”; and

(d)

by inserting, immediately after subsection (2), the following subsection:“(2A) Every person admitted under section 15 shall, with the necessary modifications, be subject to the same jurisdiction as can be exercised over advocates and solicitors under this Part, except that —

(a)

in lieu of any order that he be struck off the roll, either or both of the following orders may be made:

(i)

an order terminating his privilege to practise as an advocate and solicitor for the purpose of each case for which he is admitted under section 15;

(ii)

an order prohibiting him from applying to be admitted under section 15, either indefinitely or until after a date specified in the order;

(b)

in lieu of any order that he be suspended, an order may be made suspending his privilege to practise as an advocate and solicitor for the purpose of each case for which he is admitted under section 15, either indefinitely or until after a date specified in the order;

(c)

any reference to a punishment referred to in section 83(1)(b) or 98(1)(a)(ii) shall be construed as a reference to a suspension of the privilege to practise as an advocate and solicitor referred to in paragraph (b); and

(d)

the court of 3 Judges may also direct the Registrar to inform either or both of the following of the decision of the court of 3 Judges:

(i)

the foreign authority having the function conferred by law of authorising or registering persons to practise law in the state or territory in which the person admitted under section 15 is duly authorised or registered to practise law;

(ii)

any relevant professional disciplinary body of the state or territory in which the person admitted under section 15 is duly authorised or registered to practise law.”.

Clause 35 — Legal Profession (Amendment) Bill | laws.sg