Singapore legislation

Clause 6

of Legal Profession (Amendment) Bill

Clause 6

New Part 2AA

In the principal Act, after section 11, insert —“PART 2AAADMISSION OF LAWYERS (NP)Admission as lawyer (NP) of Supreme Court11A.—

(1)

Subject to the provisions of this Act (including any rules made under section 2(2), 10 or 11E), the court may, in its discretion, and with or without an oral hearing, admit a qualified person as a lawyer (NP) of the Supreme Court.(2) A qualified person who applies to be admitted under this section must —

(a)

do so in accordance with, and comply with all applicable requirements of, any rules made under section 10(2)(g); and

(b)

if he or she belongs to a class of qualified persons prescribed by the Minister under section 11E, do so within the time prescribed by the Minister under that section.(3) The court must not admit under this section any qualified person who is required, but fails, to comply with subsection (2)(b).(4) The Attorney‑General, the Society and the Institute are entitled to object to any application under subsection (2).(5) Any other person who has filed and served a notice of objection in relation to an application under subsection (2), in accordance with any rules made under section 10(2)(g), is also entitled to object to that application.(6) To avoid doubt, the court may, having regard to the conduct and character of the qualified person concerned and all other relevant circumstances, and on such terms as the court thinks fit, do either or both of the following:

(a)

adjourn the matter for a specified period or allow the application to be withdrawn;

(b)

make such other order as it considers appropriate.Requirements for admission as lawyer (NP) of Supreme Court11B.—

(1)

Subject to any rules made under section 11E, a qualified person must not be admitted as a lawyer (NP) unless he or she —

(a)

has attained 21 years of age;

(b)

is of good character;

(c)

has attended and satisfactorily completed such courses of instruction as the Board of Directors of the Institute may prescribe under section 10; and

(d)

has passed such examinations as the Board of Directors of the Institute may prescribe under section 10.(2) For the purposes of subsection (1)(c) and (d), a person is only considered to have satisfactorily completed a course, or to have passed an examination, if the date of such successful completion or pass falls within the period of validity for such successful completion or pass (as the case may be) as specified in the rules made under section 10(2)(fa).(3) A person who is a qualified person by reason of his or her having passed the final examination for a law degree in any institution of higher learning pursuant to any rules made under section 2(2) must not be admitted as a lawyer (NP) before the law degree is conferred upon him or her.Powers of Minister in relation to requirements for admission as lawyer (NP) of Supreme Court11C.—

(1)

Upon an application made to the Minister by any person who is not otherwise entitled to be a qualified person, the Minister may, in his or her discretion, if the Minister is of the opinion that the person possesses such qualification or expertise as would contribute to, promote or enhance the quality of legal services in Singapore or the economic or technological development of Singapore —

(a)

approve the person as a qualified person for the purposes of this Act, subject to any conditions that the Minister may think fit to impose; and

(b)

issue to the person a written notice to that effect. (2) Where any qualification conferred by an institution of higher learning is a qualification prescribed under section 2(2), and an application is made to the Minister by any person who possesses any equivalent qualification conferred by that institution of higher learning, the Minister may, after consulting the Board of Directors of the Institute —

(a)

deem that equivalent qualification to be the prescribed qualification, subject to any conditions that the Minister may think fit to impose; and

(b)

issue to that person a written notice to that effect.(3) Upon an application made to the Minister by any person who possesses any qualification that 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, as a qualification required for eligibility to practise law in that state or territory, the Minister may, after consulting the Board of Directors of the Institute and if the Minister is of the opinion that the person’s qualification is equivalent to any qualification prescribed under section 2(2) —

(a)

deem the person’s qualification as a qualification that is so prescribed, subject to any conditions that the Minister may think fit to impose; and

(b)

issue to the person a written notice to that effect.(4) The Minister may, after consulting the Board of Directors of the Institute, make rules under section 11E for the exemption of any qualified person who satisfies, or any class of qualified persons each of whom satisfies, such requirements as may be prescribed in those rules from all or any, and from the whole or any part of any, of the requirements under section 11B(1)(c) and (d) and any rules made under section 10(2)(c) and (d).(5) Without affecting subsection (4), upon an application made to the Minister by any qualified person, the Minister may exempt the qualified person from all or any, and from the whole or any part of any, of the requirements under section 11B(1)(c) and (d) and any rules made under section 10(2)(c) and (d), if the Minister is of the opinion that the qualified person is, by reason of his or her standing and experience or for any other cause, a fit and proper person to be so exempted.(6) An exemption granted to a person under subsection (5) —

(a)

may be subject to any conditions that the Minister may think fit to impose by written notice to the person;

(b)

must be notified in writing to the person; and

(c)

need not be published in the Gazette.Roll of lawyers (NP)11D.—

(1)

The Registrar must maintain a roll of lawyers (NP) with the dates of their respective admissions.(2) The name, with the date of admission, of every person admitted must be entered upon the roll of lawyers (NP) in order of admission.(3) Every person admitted as a lawyer (NP) must pay the fee prescribed under section 189 for the purposes of this subsection, and the Registrar must deliver to him or her an instrument of admission signed by the Chief Justice or the Judge who admitted the applicant.(4) If, at any time after the admission of any person as a lawyer (NP), it is shown to the satisfaction of the court that any application, affidavit, certificate or other document filed by the person contains any substantially false statement or a suppression of any material fact, or that any such certificate was obtained by fraud or misrepresentation, the name of the person must be struck off the roll of lawyers (NP).Rules for this Part11E. The Minister may, after consulting the Board of Directors of the Institute, make rules necessary or convenient to be prescribed for carrying out or giving effect to this Part, and may in particular make rules —

(a)

to prescribe the classes of qualified persons to whom section 11A(2)(b) applies; (b)to prescribe, in respect of each such class of qualified persons, the time within which a qualified person belonging to that class must make his or her application under section 11A(2);

(c)

to provide for the fees for applications under section 11C or under any rules made under section 2(2) or this section; and

(d)

to provide for any matter related or incidental to any such application.”.