/akn/sg/act/bill/1966/57

Legal Profession Bill

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Type
Bill
Status
In force
Enacted
1966
Sections
154

Quick answer

About this bill

Legal Profession Bill is Singapore Bill, cited as Bill 57 1966, currently marked in force and first recorded in 1966.

Part I

PRELIMINARY

Clause 1

Short title and commencement

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This Act may be cited as the Legal Profession Act, 1966, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint. (2) The Minister may appoint different dates for the coming into operation of the different Parts or provisions of this Act.

(1)

This Act may be cited as the Legal Profession Act, 1966, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

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(2)

The Minister may appoint different dates for the coming into operation of the different Parts or provisions of this Act.

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Clause 2

Interpretation

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In this Act, unless the context otherwise requires —“advocate and solicitor”, “advocate” or “solicitor” mean an advocate and solicitor of the High Court;“annual certificate” means the certificate issued by the Council under section 32 of this Act;“Board” means the Board of Legal Education established under section 3 of this Act;“client” includes —

(a)

in relation to contentious business, any person who as principal or on behalf of another person retains or employs, or is about to retain or employ, a solicitor, and any person who is or may be liable to pay a solicitor’s costs;

(b)

in relation to non-contentious business any person, who as a principal or on behalf of another, or as a trustee, executor or administrator, or in any other capacity, has power, express or implied, to retain or employ, and retains or employs or is about to retain or employ, a solicitor, and any person for the time being liable to pay a solicitor for his service any costs;“contentious business” means business done, whether as solicitor or as advocate, in or for the purpose of proceedings begun before a court of justice or before an arbitrator;“costs” includes fees, charges, disbursements, expenses and remuneration;“Council” means the Council of the Society established under section 52 of this Act;“court” means the High Court or a judge thereof when sitting in open court, and “judge” means a judge of the High Court sitting in Chambers;“Disciplinary Committee” means a Committee appointed by the Chief Justice under section 94 of this Act;“Faculty” means the Faculty of Law in the University of Singapore;“Inquiry Committee” means a Committee appointed by the Council under section 88 of this Act;“legal officer” means a qualified person in the judicial or legal service of Singapore;“Malayan practitioner” means any qualified person entitled to practice before a High Court in any part of Western Malaysia;“practising certificate” means a certificate issued by the Registrar under section 29 of this Act;“qualified person” means any person who —

(a)

has passed the final examination for the degree of Bachelor of Laws in the University of Singapore or in the University of Malaya; or

(b)

is a barrister-at-law of England or of Northern Ireland or a member of the Faculty of Advocates in Scotland; or

(c)

is a solicitor in England or Northern Ireland or a writer to the Signet, law agent or solicitor in Scotland;“Register of Practitioners” means the annual register kept by the Registrar under section 31 of this Act;“Registrar” means the Registrar of the High Court and includes a Deputy Registrar and an Assistant Registrar;“Roll” means the Roll of advocates and solicitors of the High Court kept under section 28 of this Act;“Rules Committee” means the Rules Committee constituted under any written law for the time being in force with the power to make rules regulating procedure in the High Court;“Society” means the Singapore Advocates and Solicitors Society established by section 41 of this Act.

Definition

“advocate and solicitor”, “advocate” or “solicitor” mean an advocate and solicitor of the High Court;

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Definition

“annual certificate” means the certificate issued by the Council under section 32 of this Act;

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Definition

“Board” means the Board of Legal Education established under section 3 of this Act;

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Definition

“client” includes —

(a)

in relation to contentious business, any person who as principal or on behalf of another person retains or employs, or is about to retain or employ, a solicitor, and any person who is or may be liable to pay a solicitor’s costs;

(b)

in relation to non-contentious business any person, who as a principal or on behalf of another, or as a trustee, executor or administrator, or in any other capacity, has power, express or implied, to retain or employ, and retains or employs or is about to retain or employ, a solicitor, and any person for the time being liable to pay a solicitor for his service any costs;

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Definition

“contentious business” means business done, whether as solicitor or as advocate, in or for the purpose of proceedings begun before a court of justice or before an arbitrator;

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Definition

“costs” includes fees, charges, disbursements, expenses and remuneration;

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Definition

“Council” means the Council of the Society established under section 52 of this Act;

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Definition

“court” means the High Court or a judge thereof when sitting in open court, and “judge” means a judge of the High Court sitting in Chambers;

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Definition

“Disciplinary Committee” means a Committee appointed by the Chief Justice under section 94 of this Act;

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Definition

“Faculty” means the Faculty of Law in the University of Singapore;

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Definition

“Inquiry Committee” means a Committee appointed by the Council under section 88 of this Act;

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Definition

“legal officer” means a qualified person in the judicial or legal service of Singapore;

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Definition

“Malayan practitioner” means any qualified person entitled to practice before a High Court in any part of Western Malaysia;

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Definition

“practising certificate” means a certificate issued by the Registrar under section 29 of this Act;

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Definition

“qualified person” means any person who —

(a)

has passed the final examination for the degree of Bachelor of Laws in the University of Singapore or in the University of Malaya; or

(b)

is a barrister-at-law of England or of Northern Ireland or a member of the Faculty of Advocates in Scotland; or

(c)

is a solicitor in England or Northern Ireland or a writer to the Signet, law agent or solicitor in Scotland;

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Definition

“Register of Practitioners” means the annual register kept by the Registrar under section 31 of this Act;

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Definition

“Registrar” means the Registrar of the High Court and includes a Deputy Registrar and an Assistant Registrar;

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Definition

“Roll” means the Roll of advocates and solicitors of the High Court kept under section 28 of this Act;

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Definition

“Rules Committee” means the Rules Committee constituted under any written law for the time being in force with the power to make rules regulating procedure in the High Court;

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Definition

“Society” means the Singapore Advocates and Solicitors Society established by section 41 of this Act.

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Part V

SINGAPORE ADVOCATES AND SOLICITORS SOCIETY

Clause 41

Establishment of Society

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(1)

There is hereby established a body to be called the “Singapore Advocates and Solicitors Society”.

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(2)

The Society shall be a body corporate with perpetual succession and a common seal, and with power subject to the provisions of this Act, to sue and be sued in its corporate name and to acquire and dispose of property, both movable and immovable and to do and to perform such other acts as bodies corporate may by law perform.

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Clause 42

Purposes and powers of the Society

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(1)

The purposes of the Society shall be —

(a)

to maintain and improve the standards of conduct and learning of the legal profession in Singapore;

(b)

to facilitate the acquisition of legal knowledge by members of the legal profession and others;

(c)

to assist the Government and the courts in all matters affecting legislation, and the administration and practice of the law in Singapore;

(d)

to represent, protect and assist members of the legal profession in Singapore and to promote in any manner the Society thinks fit the interests of the legal profession in Singapore;

(e)

to establish a library and to acquire or rent premises to house the library, offices of the Society or amenities for the use of members;

(f)

to protect and assist the public in Singapore in all matters touching, ancillary or incidental to the law;

(g)

to make provision for or assist in the promotion of a scheme whereby impecunious persons on non-capital charges are represented by advocates;

(h)

to grant prizes and scholarships and to establish and subsidise lectureships in educational institutions in subjects of study relating to law;

(i)

to grant pecuniary or other assistance to any association, institute, board or society in Singapore in the interests of the profession of law or of students for that profession;

(j)

to afford pecuniary and other assistance to members or former members and to the wives, widows, children and other dependants, whether of members, former members or deceased members who are in need of any such assistance;

(k)

to promote good relations and social intercourse amongst members and between members and other persons concerned in the administration of law and justice in Singapore; and

(l)

to establish and maintain good relations with professional bodies of the legal profession in other countries and to participate in the activities of any international association and become a member thereof.

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(2)

In addition to the powers given by the other provisions of this Act, the Society may —

(a)

purchase or lease any land or building required for any of the purposes of the Society;

(b)

sell, surrender, lease, exchange or mortgage any land or building as may be found most convenient or advantageous;

(c)

borrow money whether by way of bank overdraft or otherwise for such of the purposes of the Society as the Society may from time to time consider desirable; and

(d)

do all such other things as are incidental or conducive to the achievement or betterment of the purposes of the Society.

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(3)

For the purposes of any law relating to trade unions or to industrial relations the Society shall be deemed to be a trade union of employers of persons other than advocates and solicitors employed in the offices of solicitors in Singapore.

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(4)

In addition to rules that may be made by the Society under the other provisions of this Act the Society may subject to the provisions of this Act make rules for giving effect to this Part of this Act.

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Clause 43

Visitors

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The Chief Justice and such other judges of the High Court as are elected by the Society shall be visitors of the Society.

Clause 44

Membership

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The membership of the Society shall consist of the following: —

(a)

all advocates and solicitors who are members of the Society by reason of the provisions of section 45 of this Act;

(b)

all persons admitted to membership of the Society under section 46 of this Act; and

(c)

all persons elected as honorary members under section 47 of this Act.

Clause 45

Practising solicitors to be members

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(1)

Every advocate and solicitor who has in force a practising certificate shall without election, admission or appointment become a member of the Society and shall remain a member under this section so long and only so long as he has in force a practising certificate.

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(2)

Every advocate and solicitor who has in force a practising certificate on the last day of March in any year shall be deemed to continue to be a member until the last day of April in that year.

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(3)

Every advocate and solicitor who is a member of the Society under the provisions of subsection (1) of this section shall in this Act be referred to as a “practitioner member”.

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Clause 46

Non-practitioner members

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(1)

Any of the following persons who applies for membership of the Society in the prescribed manner shall be admitted as a member of the Society, that is to say —

(a)

any advocate and solicitor who does not have in force a practising certificate; and

(b)

any qualified person ordinarily resident in Singapore.

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(2)

Every person who is a member of the Society under the provisions of subsection (1) of this section shall in this Act be referred to as a “non-practitioner member”.

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Clause 47

Honorary members

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The Council may elect as honorary members of the Society such persons as it may think fit, either for life or for such period as the Council may in any case deem appropriate.

Clause 48

Privileges of membership

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(1)

Subject to the provisions of this section and of section 49 of this Act all members shall have the same rights and privileges.

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(2)

Only practitioner members shall be eligible —

(a)

to attend and vote at any general meeting; or

(b)

to be elected to the Council.

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(3)

Practitioner members may by a resolution exclude from a general meeting of the Society or any part thereof all other members.

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Clause 49

Expulsion and suspension of rights and privileges

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Any member of the Society, other than an honorary member may in the prescribed manner, and upon such grounds, after being given a reasonable opportunity to answer all allegations made against him —

(a)

be expelled from membership; or

(b)

be deprived of any one or more rights and privileges of membership:Provided that a practitioner member shall not be expelled so long as he has in force a practising certificate.

Clause 50

Termination of qualification

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Any member of the Society, other than an honorary member, who ceases to be qualified for membership shall thereupon cease to be a member.

Clause 51

Annual subscription to Society

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(1)

The amount of the annual subscription payable by members of the Society shall subject to the provisions of subsection (4) of this section be fixed from time to time by the Council.

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(2)

In fixing the amount of the subscription, the Council shall be at liberty to divide members into classes, and to provide that different amounts shall be paid by different classes and for different periods and generally to regulate, and to vary from time to time the subscriptions payable by members or by different classes of members, as the Council may think fit:Provided that the subscriptions payable by members admitted to membership under the provisions of section 46 of this Act shall at no time exceed the lowest subscription payable by practitioner members for the corresponding period.

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(3)

The Council may from time to time fix levies payable by practitioner members for any of the purposes of the Society.

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(4)

The total of the subscriptions payable under subsection (1) of this section, the levies payable under subsection (3) of this section and the annual contribution payable under section 78 of this Act shall not in any calendar year exceed three hundred dollars per practitioner member without the approval of a general meeting of the Society.

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Clause 52

The Council

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(1)

For the proper management of the affairs of the Society and for the proper performance of its functions under this Act there shall be a Council.

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(2)

The Council shall consist of statutory members and elected members as provided in sections 53 and 54 of this Act.

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Clause 53

Statutory members

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The following persons shall be statutory members of the Council each time it is constituted —

(a)

every member resident in Singapore who has for not less than three full terms held office as President of the Society; and

(b)

the immediate past President and Vice-President of the Society.

Clause 54

Elected members

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(1)

There shall, subject to the provisions of subsection (2) of this section, be ten elected members of the Council and they shall consist of —

(a)

eight practitioner members, each of whom shall be an advocate and solicitor of not less than seven years’ standing on the day of his nomination for election to the Council; and

(b)

two practitioner members, each of whom shall be an advocate and solicitor of under seven years’ standing on the day of his nomination for election to the Council.

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(2)

After the number of practitioner members reaches five hundred two additional members shall be elected under paragraph (a) of subsection (1) of this section for every complete number of one hundred and fifty practitioner members in excess of three hundred and fifty.

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(3)

Subject to the provisions of this Act every elected member of the Council shall hold office as a member of the Council for two years.

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(4)

Whenever it is necessary for any reason whatsoever to elect all the elected members of the Council at an annual election half the numbers of members specified in paragraph (a) and one member specified in paragraph (b) of subsection (1) of this section chosen by lot at the first meeting of the Council after such election shall hold office only for one year.

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(5)

Every elected member of a Council referred to in subsection (2) of section 59 of this Act shall cease to be a member of the Council when that Council ceases office under the provisions of that subsection.

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(6)

Every elected member of a Council shall be eligible for re-election if he is qualified to be a candidate.

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Clause 55

Persons entitled to vote

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(1)

Every advocate and solicitor of not less than seven years’ standing who has in force a practising certificate on the date of nomination as provided in section 56 of this Act shall be entitled to vote for the election of the members of the Council under paragraph (a) of subsection (1) of section 54 of this Act.

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(2)

Every advocate and solicitor of under seven years’ standing who has in force a practising certificate on the date of nomination as provided in section 56 of this Act shall be entitled to vote for the election of the members under paragraph (b) of subsection (1) of section 54 of this Act.

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Clause 56

Elections

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(1)

In the month of October every year the Council shall fix and publish before the end of that month —

(a)

the date of nomination which shall be in the second week of the month of November that year;

(b)

the date of election which shall be in the last week of the month of November that year;

(c)

a convenient place in the High Court building or elsewhere where the ballot shall take place; and

(d)

the names of three scrutineers.

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(2)

The annual election of the members of the Council shall subject to the provisions of section 58 of this Act take place by secret ballot on the date and place fixed by the Council in accordance with the provisions of subsection (1) of this section.

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(3)

If for any reason whatsoever it is necessary to elect all the elected members of the Council, the Council shall fix and publish —

(a)

the date of nomination which shall be not less than seven days or more than fifteen days from the date of the notice notifying members of the election;

(b)

the date of the election which shall be not less than ten days or more than fifteen days from the date of nomination;

(c)

a convenient place in the High Court building or elsewhere where the ballot shall take place; and

(d)

the names of three scrutineers,and such election shall subject to the provisions of section 58 of this Act take place by secret ballot on the date and place fixed by the Council in accordance with the provisions of this section.

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(4)

Any accidental failure on the part of the Council to comply with the provisions of this section or of any rules made with respect to elections to the Council shall not invalidate an election.

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Clause 57

Nominations

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Every nomination of a candidate for election —

(a)

shall be of a person qualified to be a candidate under the provisions of section 54 of this Act;

(b)

shall be in writing signed by not less than five persons qualified in a like manner under the provisions of section 54 of this Act as the candidate nominated; and

(c)

shall name only one candidate and his consent shall be endorsed thereon.

Clause 58

Insufficient nominations

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(1)

If only so many candidates are nominated for election to the Council as are required to be elected, such candidates shall be deemed to be elected; if fewer, the candidates nominated shall be deemed to have been elected and they together with the statutory members of the Council and the continuing elected members of the Council, if any, shall appoint further members to complete the required number to satisfy the requirements of subsection (1) of section 54 of this Act.

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(2)

If at any election to be held under the provisions of subsection (3) of section 56 of this Act no nominations are made for the election of members of the Council the Chief Justice shall, after consulting the statutory members of the Council, if any, appoint to be members of the Council a sufficient number of persons who satisfy the requirements as to standing set out in subsection (1) of section 54 of this Act.

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(3)

Members of the Council appointed under the provisions of subsections (1) and (2) of this section shall for all purposes of this Act be deemed to be elected members.

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Clause 59

Council’s term of office

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(1)

Every Council of the Society constituted after an annual election shall take office on the 1st day of January after that election and shall hold office until the 31st day of December in that year or, if such is the case, until a Council takes office under the provisions of subsection (2) of this section.

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(2)

Every Council constituted after an election under the provisions of subsection (3) of section 56 of this Act or after appointments made under the provisions of subsection (2) of section 58 of this Act shall take office from the day on which the members of that Council were elected or appointed as the case may be and shall hold office until the 31st day of December next following.

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Clause 60

Casual vacancies

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(1)

Any casual vacancy arising among the elected members of the Council shall be filled with all convenient speed by the Council by the appointment of a person qualified under the provisions of section 54 of this Act as may be necessary, and any such new members shall hold office for so long as the member in whose place he is appointed would have held office.

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(2)

The continuing members of the Council may act provided there is a quorum notwithstanding any vacancy in the Council and no act done by or by the authority of the Council shall be invalid in consequence of any defect that is afterwards discovered in the election or qualification of the members or any of them.

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Clause 61

President and Vice-President

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(1)

There shall be a President and a Vice-President of the Society who shall be elected by the Council from amongst its members and in the event of any casual vacancy arising in respect of the office of the President or the Vice-President of the Society, the Council shall at its next meeting or as soon as may be thereafter elect one of its members to fill such vacancy.

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(2)

The President of the Society or in his absence the Vice-President of the Society shall be the Chairman of the Council and shall preside at all meetings of the Council and of the Society.

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(3)

In the absence of both the President and the Vice-President of the Society, the Council or the Society, as the case may be, shall elect a Chairman from amongst the respective members.

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Clause 62

When members of Council to vacate office

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(1)

A statutory member of the Council shall vacate his office if —

(a)

he is struck off the Roll or is suspended from practising as an advocate and solicitor;

(b)

he becomes bankrupt or insolvent or enters into composition with any creditor or takes or attempts to take the benefit of any written law to liquidate his assets or affairs; or

(c)

he becomes of unsound mind.

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(2)

An elected member shall vacate his office in any of the circumstances specified in paragraphs (a), (b) and (c) of subsection (1) of this section and shall also vacate his office if —

(a)

being elected under paragraph (a) or (b) of subsection (1) of section 54 of this Act, he ceases for any reason to have in force a practising certificate;

(b)

he resigns his seat on the Council; or

(c)

he is absent from three consecutive meetings of the Council without its consent.

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(3)

For the purposes of subsection (2) of this section, a person appointed under the provisions of subsections (1) and (2) of section 58 of this Act shall be deemed to have been elected under paragraph (a) or (b) of subsection (1) of section 54 of this Act.

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Clause 63

General powers of the Council

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The management of the Society and of its funds shall be vested in the Council and all such powers, acts or things which are not by this Act expressly authorised, directed or required to be exercised or done by the Society in general meeting may, subject to the provisions of this Act or any rules made thereunder or any resolution passed from time to time by the Society in general meeting be exercised or done by the Council: Provided that no such resolution of the Society shall invalidate the previous exercise of any power or the previous doing of any act or thing by the Council which would have been valid if such resolution had not been passed.

Clause 64

Specific powers of the Council

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(1)

Without prejudice to the general powers conferred by section 63 of this Act or the specific powers to make rules conferred by any other provision of this Act the Council shall have power —

(a)

to make rules to provide for all matters not expressly reserved to the Society in general meeting whether the same be expressed amongst its powers or not;

(b)

to answer questions affecting the practice and etiquette of the profession and the conduct of members thereof;

(c)

to take cognisance of anything affecting the Society or the professional conduct of its members and to bring before any general meeting of the Society any matter which it considers material to the Society or to the interests of the profession and make any recommendations and take such action as it deems fit in relation thereto;

(d)

to examine and if it thinks fit to report upon current or proposed legislation and any other legal matters;

(e)

to represent members of the Society or any section thereof in any matter which may be necessary or expedient;

(f)

to found prizes and scholarships for students of law and to lay down the conditions for their award as it deems fit;

(g)

to appoint at its discretion such officers, clerks, agents and servants for permanent, temporary or special services as it may from time to time deem fit and to determine their duties and terms of service;

(h)

to purchase, rent or otherwise acquire and furnish suitable premises for the use of the Society;

(i)

to communicate from time to time with other similar bodies and with members of the profession in other places for the purpose of obtaining and communicating information on all matters likely to prove beneficial or of interest to members;

(j)

to institute, conduct, defend, compound or abandon any legal proceedings by and against the Society or its officers or otherwise concerning the affairs of the Society and to compound and allow time for payment or satisfaction of any debts due or of any claims or demands made by or against the Society;

(k)

to refer any claims or demands by or against the Society to arbitration and to observe and perform every award made as a result of such arbitration and to nominate arbitrators if so requested;

(l)

to make and give receipts, releases and other discharges for moneys payable to and for claims and demands of the Society;

(m)

to invest and deal with any moneys of the Society from time to time in securities authorised for the investment of trust funds by any written law for the time being in force;

(n)

from time to time to borrow or raise money by bank overdraft or otherwise by the issue of debentures or any other securities founded or based upon all or any of the property and rights of the Society or without any such security and upon such terms as to priority or otherwise as the Council shall deem fit; and

(o)

to exercise all such powers, privileges and discretions as are not by this Act expressly and exclusively required to be exercised by the members of the Society in general meeting.

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(2)

Any rules made by the Council under this section shall not come into operation until they have been approved by the Chief Justice.

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Clause 65

Appointment of committees of the Council

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(1)

The Council may appoint one or more committees for any such general or special purpose as in the opinion of the Council may be better regulated or managed by means of a committee and the Council may delegate to any committee so appointed, with or without restrictions or conditions, as they think fit, the exercise of any functions exercisable by the Council.

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(2)

The number and term of office of the members of a committee appointed under this section, and the number of those members necessary to form a quorum, shall be fixed by the Council.

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(3)

A committee appointed under this section may include persons who are not members of the Council.

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(4)

If the Council delegates to a committee appointed under this section any of the functions exercisable by the Council, at least half the members of such committee (including the chairman thereof) shall be members of the Council.

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Clause 66

Power of the Council to inspect files of proceedings in bankruptcy of solicitor

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The Council shall be entitled, without payment of any fee, to inspect the file of proceedings in bankruptcy relating to any solicitor against whom proceedings in bankruptcy have been taken and to be supplied with office or certified copies of the proceedings on payment of the usual charge for such copies.

Clause 67

Power of the Council to accept gifts

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(1)

The Council may on behalf of the Society accept by way of grant, gift, testamentary disposition or otherwise property or moneys in aid of the finances or purposes of the Society on such conditions as it may determine.

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(2)

Registers shall be kept of all donations to the Society including the names of donors and any special conditions on which any donation may have been given.

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(3)

All property, moneys or funds donated to the Society for any specific purposes shall, subject to the law relating to charities, be applied and administered in accordance with the purposes for which they may have been donated and shall be separately accounted for.

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Clause 68

Representation in Court

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The Society may be represented or appear in any court by any advocate and solicitor whether he is a member of the Council or not.

Clause 69

Meetings of the Council

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(1)

The Council may meet at such time and place and as often as may be necessary.

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(2)

Seven members personally present at any meeting of the Council shall constitute a quorum for the transaction of any business.

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(3)

A decision of the majority of the members of the Council present and voting at any meeting of the Council shall be deemed to be a decision of the Council.

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(4)

The chairman or the person lawfully acting as chairman at any meeting of the Council shall have an original as well as a casting vote.

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(5)

Subject to any rules of the Society, the Council may regulate its own procedure and in particular the holding of meetings, the notice to be given of such meetings, the proceedings thereat, the keeping of minutes and the custody, production and inspection of such minutes.

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Clause 70

Expenses of members

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No fees shall be paid to any member of the Council but a member may be re-imbursed from the funds of the Society for out-of-pocket and travelling expenses incurred by him in relation to the affairs of the Society.

Clause 71

Annual general meeting

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(1)

The Council shall each year convene an annual general meeting which shall be held within six weeks after the 18th day of January in that year.

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(2)

Notwithstanding the provisions of section 59 of this Act every Council that ceases to hold office on the 31st day of December in each year shall cause to be prepared and presented to the annual general meeting —

(a)

a report on the activities of the Society; and

(b)

proper accounts, duly audited, of all funds, property and assets of the Society,for the year terminating on the 31st day of December immediately preceding such general meeting.

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Clause 72

Extraordinary general meetings

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(1)

The Council may convene a general meeting of the Society other than the annual general meeting at such time or times as the Council deems expedient or necessary.

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(2)

Any twenty-five members of the Society may at any time requisition a general meeting by written notice in that behalf signed by them and deposited with the President or the Vice-President of the Society and the Council shall convene a general meeting to be held within thirty days of such deposit.

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(3)

Such written notice shall specify the object or objects of the proposed meeting.

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(4)

If the Council fails for fourteen days after such deposit to convene a general meeting in accordance with the requisition, to be held within thirty days after such deposit, the requisitioning members may convene that general meeting within two months after such deposit.

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Clause 73

Voting

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At every general meeting, every practitioner member present shall have one vote and the chairman of that meeting shall also have a casting vote.

Clause 74

Convening and procedure

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The manner of convening general meetings of the Society and the procedure thereat shall, subject to the provisions of this Act be regulated by bye-laws made by the Society: Provided that the bye-laws made under this section shall not provide for a quorum at a general meeting other than the annual general meeting of less than fifty practitioner members personally present.

Part X

MISCELLANEOUS

Clause 134

General provision as to rules

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All rules made under the provisions of this Act shall be published in the Gazette and shall be presented to Parliament as soon as may be after publication.

Clause 135

Offices of the Board and the Society

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(1)

The Board and the Society shall each at all times keep and maintain an office and the address of such office and any change thereof shall be published respectively by the Board and the Council in the Gazette.

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(2)

All writs, plaints, notices, pleadings, orders, summonses, warrants or other written communications required or authorised or ordered to be served on or delivered or sent to the Board, the Society or the Council shall be deemed to be duly served, delivered or sent if left at the office of the Board or the Society, as the case may be.

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Clause 136

Service of documents

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(1)

Any document other than process of court that is required to be served or delivered under this Act may be sent by post.

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(2)

A certificate in writing signed by an officer of the Society or the Board or a member of the Council or the Board that such document was properly addressed and posted and setting out the date of such posting shall be prima facie evidence of service thereof.

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(3)

Any document addressed to an advocate and solicitor at his only or principal address last appearing in the Register of Practitioners shall be deemed to be properly addressed.

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Clause 137

Recovery of moneys by Society

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In addition to any other method of recovery and to any other right, remedy or power vested in the Society or in the Council, any sum of money whatsoever payable under this Act or any rules or bye-laws made thereunder may be recoverable by the Society or the Board as a debt in any court of competent jurisdiction.

Clause 138

Rules Committee to prescribe duties

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The duties payable under sections 18, 28 and 29 of this Act shall be prescribed from time to time by the Rules Committee and the payment thereof shall be denoted by an impressed stamp on the relevant document.

Clause 139

Relief to banks

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(1)

Subject to the provisions of this section, no bank shall, in connection with any transaction on account of any solicitor kept with it or with any other bank (other than an account kept by a solicitor as trustee for a specified beneficiary) incur any liability or be under any obligation to make any inquiry, or be deemed to have any knowledge of any right of any person to any money paid or credited to any such account, which it would not incur or be under or be deemed to have in the case of an account kept by a person entitled absolutely to all the money paid or credited to it: Provided that nothing in this subsection shall relieve a bank from any liability or obligation under which it would be apart from section 77 of this Act or this section.

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(2)

Notwithstanding anything in subsection (1) of this section a bank at which a solicitor keeps an account for clients’ moneys shall not, in respect of any liability of the solicitor to the bank, not being a liability in connection with that account, have or obtain any recourse or right, whether by way of set-off, counter-claim, charge or otherwise, against moneys standing to the credit of that account.

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Clause 140

Estate duty and tax exemptions

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(1)

No estate duty shall be payable in respect of any amount of any bequest to the Board or to the Society and the value of the property passing on the death of a deceased donor shall be deemed not to include the amount of any such bequest for the purpose of assessing the rate of estate duty.

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(2)

The Board and the Society shall each be deemed to be —

(a)

an institution specified in the First Schedule to, and under paragraph (e) of subsection (1) of section 13 of, the Income Tax Ordinance (Cap. 166); and (b)an institution of a public character approved by the Minister for the purposes of paragraph (c) of subsection (2) of section 37 of the Income Tax Ordinance.

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Clause 3

Establishment of Board of Legal Education

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(1)

There is hereby established a body to be called the “Board of Legal Education”.

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(2)

The Board shall be a body corporate with perpetual succession and a common seal, with power subject to the provisions of this Act to sue and be sued in its corporate name and to acquire and dispose of property, both movable and immovable and to do and perform such other acts as bodies corporate may by law perform.

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Clause 4

Purposes of the Board

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The purposes of the Board shall be —

(a)

to register qualified persons and articled clerks seeking admission as advocates and solicitors;

(b)

to provide for the training, education and examination, by the Board or by any other body, of qualified persons and articled clerks intending to practise the profession of law in Singapore;

(c)

to exercise supervision over qualified persons during their period of pupillage and over articled clerks during their articles of clerkship and to assist masters and principals with regard to the instruction given to pupils and articled clerks respectively;

(d)

to consider and from time to time make recommendations to the appropriate authorities on the syllabus, the contents of courses of instruction and examinations leading to the qualification of persons as qualified persons;

(e)

to grant prizes and scholarships and to establish and subsidise lectureships in educational institutions in subjects of study relating to law.

Clause 5

General powers of the Board

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(1)

In addition to the powers given by the other provisions of this Act the Board may —

(a)

purchase or lease any land or building required for any of the purposes of this Act;

(b)

sell, surrender, lease, exchange or mortgage any land or building as may be found most convenient or advantageous;

(c)

receive grants from the Government or from public funds or the Society or from any other person;

(d)

borrow money whether by way of bank overdraft or otherwise for such of the purposes of the Board as the Board may from time to time consider desirable; and

(e)

do all things for which it has power to make regulations under subsections (2) and (3) of this section and to do all things which are necessary to carry into effect the objects of this Part of this Act and the purposes of the Board.

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(2)

Subject to the provisions of this Part of this Act the Board shall have power to make rules to carry into effect the objects of this Part of this Act.

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(3)

In particular and without prejudice to the generality of the provisions of subsection (2) of this section the Board may make rules —

(a)

for regulating the meetings and proceedings of the Board;

(b)

with respect to the taking and retaining of pupils by masters and of articled clerks by principals and the conduct, duties and responsibilities of the parties;

(c)

for regulating the manner in which pupils serve their period of pupillage and articled clerks their articles;

(d)

for specifying the subjects in which pupils and articled clerks shall attend courses of instruction;

(e)

for the examination from time to time of pupils and articled clerks;

(f)

for the exemption of pupils or articled clerks from courses of instruction or examination;

(g)

for the appointment of lecturers and examiners and for payment of fees to them;

(h)

for regulating the procedure whereby qualified persons and articled clerks who have satisfied the provisions of this Act are admitted as advocates and solicitors by the High Court; and

(i)

for prescribing the forms to be used and the fees to be paid for the purposes of this Part of this Act.

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Clause 6

Constitution of the Board

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(1)

The Board shall consist of —

(a)

the Attorney-General;

(b)

a Judge of the High Court nominated by the Chief Justice;

(c)

two advocates and solicitors nominated by the Minister;

(d)

three advocates and solicitors nominated by the Society;

(e)

the Dean of the Faculty; and

(f)

two members of the Faculty nominated by the Faculty.

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(2)

The members of the Board, other than the Attorney-General and the Dean of the Faculty, shall be nominated to hold office for three years:Provided that in the first instance —

(a)

one of the advocates and solicitors nominated by the Minister shall hold office for two years and the other for three years;

(b)

the three advocates and solicitors nominated by the Society shall hold office one for one year, one for two years and one for three years; and

(c)

one of the members nominated by the Faculty shall hold office for one year and the other for two years.

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(3)

If for any reason the Attorney-General or the Dean of the Faculty is unable to attend a particular meeting of the Board he may nominate some other legal officer or some other member of the Faculty, as the case may be, to attend such meeting and when so attending such alternate member shall be deemed for all purposes to be a member of the Board.

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(4)

The persons nominated under subsection (1) of this section shall be eligible for re-nomination.

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(5)

When any vacancy in the Board occurs by death, resignation, insanity, bankruptcy or otherwise the Board shall as soon as practicable take the necessary action to have the vacancy filled by the appropriate authority.

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(6)

Any casual vacancy arising among the nominated members shall be filled by nomination by the appropriate authority and any such new member shall hold office for so long as the member in whose place he is appointed would have held office.

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(7)

The validity of any proceedings of the Board shall not be affected by any vacancy among the members thereof or by any defect in the appointment thereof.

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Clause 7

Chairman, Deputy Chairman and Secretary

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(1)

The Board shall at its first meeting and every year thereafter elect a Chairman and a Deputy Chairman who shall so long as they continue to be members of the Board be eligible for re-election.

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(2)

The Chairman and in his absence the Deputy Chairman shall preside at meetings of the Board and in the absence of the Chairman and the Deputy Chairman the members of the Board shall elect an acting Chairman who shall have and exercise all the powers of the Chairman.

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(3)

The Board shall appoint a Secretary and such other officer or officers as it considers necessary.

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Clause 8

Meetings of the Board

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(1)

The Board shall meet at such times and such places as the Chairman or the Deputy Chairman may appoint.

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(2)

The Board shall have power to fix a quorum for its meetings and shall have the power to fix a different quorum for different purposes:Provided that the quorum at any meeting to make, revoke, alter, add to or amend any rules made under this Part of this Act shall be seven.

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Clause 9

Admission of advocates and solicitors

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(1)

The High Court may at its discretion and subject to the provisions of this Act admit as an advocate and solicitor of the High Court —

(a)

any qualified person under the provisions of this Part of this Act;

(b)

any Malayan practitioner under the provisions of section 13 of this Act;

(c)

any articled clerk who is duly qualified under the provisions of this Part of this Act:Provided that no person who is a qualified person by reason of his having passed the final examination for the degree of Bachelor of Laws in the University of Singapore or in the University of Malaya shall be admitted as an advocate and solicitor before the degree of Bachelor of Laws is conferred upon him.

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(2)

A person shall not be disqualified by sex from being admitted and enrolled as an advocate and solicitor.

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Clause 10

Qualifications for admission

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Subject to the provisions of section 13 of this Act, no qualified person shall be admitted as an advocate and solicitor unless he —

(a)

has attained the age of twenty-one years;

(b)

is of good character;

(c)

has satisfactorily served the prescribed period of pupillage for qualified persons;

(d)

has attended such courses of instruction as may be prescribed by the Board; and

(e)

has passed such examinations as may be prescribed by the Board.

Clause 11

Periods of pupillage

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(1)

For the purposes of this Part of this Act a qualified person shall during his period of pupillage be known as a “pupil” and a person with whom a pupil serves his period of pupillage or any part thereof shall be known as a “master”.

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(2)

Subject to the provisions of this section and of section 12 of this Act the prescribed period of pupillage shall be —

(a)

six months where the master satisfies the requirements of paragraph (a) of subsection (1) of section 12 of this Act; and

(b)

three years where the master satisfies the requirements of paragraph (b) of subsection (1) of section 12 of this Act.

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(3)

A pupil shall before his petition is heard attend and satisfactorily complete a course of instruction organized or recognised by the Board for the purposes of this section.

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(4)

No person shall without the special leave in writing of the Board hold any office or engage in any employment of whatsoever kind and whether full-time or part-time during his period of pupillage:Provided that the provisions of this subsection shall not apply to a legal officer:And provided further that the provisions of this subsection shall not preclude a pupil receiving remuneration from his master.

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(5)

Where a pupil attends the course of instruction referred to in subsection (3) of this section concurrently with his period of pupillage, the period spent in attendance at such course of instruction shall not be counted for the purpose of subsection (2) of this section.

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Clause 12

Service of pupillage

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(1)

A pupil shall subject to the approval of the Board serve his prescribed period of pupillage —

(a)

with an advocate and solicitor who is and has been in active practice in Singapore for a total of not less than five out of the seven years immediately preceding the relevant date; or

(b)

with any legal officer in Singapore who is an advocate and solicitor of not less than seven years’ standing; or

(c)

partly with an advocate and solicitor under paragraph (a) of this subsection and partly with a legal officer under paragraph (b) of this subsection.

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(2)

In any case where the provisions of paragraph (c) of subsection (1) of this section apply six months’ pupillage with a legal officer shall count as one month’s period of pupillage with an advocate and solicitor.

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(3)

The Board may approve a request that a qualified person serve different parts of his period of pupillage with different masters.

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(4)

The Board may in its discretion exempt a qualified person from a maximum of three months’ pupillage upon application made supported by satisfactory evidence that the applicant —

(a)

has been a pupil or read it the chambers of a practising barrister of the United Kingdom or of a member of the Faculty of Advocates of Scotland of more than seven years’ standing; or

(b)

is a solicitor in England or Northern Ireland or a writer to the Signet, law agent or solicitor in Scotland; or

(c)

has been engaged in active practice as a legal practitioner by whatever name called in any part of the Commonwealth.

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Clause 13

Admission of Malayan practitioners

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(1)

A Malayan practitioner who does not qualify under subsection (2) of this section may be admitted as an advocate and solicitor without being required to serve any period of pupillage or to attend any courses of instruction but he shall not be admitted unless he has satisfied the Board in such examination as the Board may prescribe.

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(2)

A Malayan practitioner who has been in active practice in any part of Malaysia for a continuous period of not less than three years in the four years immediately preceding his petition for admission may be admitted as an advocate and solicitor without being required to serve any period of pupillage or to attend any course of instruction or to pass any examination.

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Clause 14

Petitions for admission under sections 10 and 13 (1)

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(1)

The provisions of this section shall apply to every person who proposes to apply to be admitted as an advocate and solicitor by virtue of the provisions of section 10 or of subsection (1) of section 13 of this Act.

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(2)

An application for admission by such person shall be by a petition to the court and such petition shall be verified by affidavit.

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(3)

The petitioner shall file his petition in the Registrar’s office accompanied by a notice intimating that he has so applied, which notice shall be posted and continue to be posted at the High Court for six months before any order shall be made on the petition.

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(4)

Every petitioner shall not less than twelve days before his petition is to be heard file an affidavit exhibiting to such affidavit —

(a)

true copies of any documentary evidence showing that he is a qualified person or a Malayan practitioner, as the case may be;

(b)

two recent certificates as to his good character;

(c)

a certificate of diligence from each master with whom the petitioner served his pupillage in cases where the petitioner is required to serve a period of pupillage; and

(d)

a certificate of due compliance with the provisions of this Act signed by the Secretary of the Board.

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(5)

The petition, notice, affidavit and certificates referred to in this section shall be in the forms prescribed by the Board.

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Clause 15

Petitions for admission under section 13 (2)

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(1)

The provisions of this section shall apply to every person who applies to be admitted as an advocate and solicitor by virtue of the provisions of subsection (2) of section 13 of this Act.

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(2)

An application for admission by such person shall be by a petition to the court and such petition shall be verified by affidavit.

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(3)

The petitioner shall file his petition in the Registrar’s office not less than one month before it is to be heard.

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(4)

The petition shall have exhibited to it —

(a)

a true copy of the order of court admitting and enrolling the petitioner as a Malayan practitioner;

(b)

a certificate issued by another Malayan practitioner who shall be of not less than seven years’ standing that to his personal knowledge the petitioner has been in active practice in Malaysia for a continuous period of not less than three years in the four years immediately preceding the petition; and

(c)

a recent certificate issued by the Secretary or other officer of the body charged with responsibility for investigating allegations of professional misconduct or breaches of professional discipline in those parts of Malaysia where the petitioner has practised that as of the date of the certificate no disciplinary proceedings are pending or contemplated against the petitioner and that his professional conduct is not under investigation.

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(5)

The petition and certificates referred to in this section shall be in the forms prescribed by the Board.

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Clause 16

Service of documents and objections

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(1)

A copy each of every petition and affidavit required to be filed under the provisions of section 14, 15 or 25 of this Act together with true copies of each document exhibited thereto shall within five days of the document being filed in the Registrar’s office be served on the Attorney-General, the Board and the Society.

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(2)

If the Attorney-General, the Board or the Society intend to object to any petition there shall be served on the petitioner not less than three clear days or such shorter period as the court may allow a notice of objection in which shall be set out in brief terms the grounds of objection.

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(3)

Any such notice of objection shall be filed in the Registrar’s office at any time before the day fixed for the hearing of the petition.

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(4)

It shall not be necessary for the Attorney-General, the Board or the Society to be represented at the hearing of any petition unless the Attorney-General, the Board or the Society, as the case may be, intend to object to that petition.

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Clause 17

Caveats and misrepresentations

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(1)

Any person may enter a caveat against the admission of any petitioner and upon such caveat being entered no application for the admission of the petitioner shall be heard except after not less than three clear days’ notice has been given to the person entering the caveat.

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(2)

Every caveat under the provisions of this section shall be entered in the Registrar’s office and shall contain the full name, occupation and address of the caveator, a brief statement of the grounds of his objection and an address for service.

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(3)

If at any time after the admission of any petitioner as an advocate and solicitor it is shown to the satisfaction of the court that any petition, affidavit, certificate or other document filed by a petitioner contain any substantially false statement or a suppression of any material fact the name of the petitioner shall be struck off the Roll.

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Clause 18

Ad hoc admissions

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(1)

Notwithstanding anything to the contrary contained in this Act the court may for one or more special reasons and for the purpose of any one case admit to practise as an advocate and solicitor any person —

(a)

who holds Her Majesty’s Patent as Queen’s Counsel;

(b)

who does not ordinarily reside in Singapore or Malaysia but who has come or intends to come to Singapore for the purpose of appearing in such case; and

(c)

who has special qualifications or experience for the purpose of such case.

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(2)

Any person applying to be admitted under the provisions of this section shall do so by originating motion verified by an affidavit of the applicant or of the advocate and solicitor instructing him stating the names of the parties and brief particulars of the case in which the applicant intends to appear and the originating motion and affidavit or affidavits shall be served on the Attorney-General, the Society and the other party or parties to such case and at the time of such service the applicant shall pay a fee of one hundred dollars to the Society for its costs incurred in the application.

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(3)

Before admitting a person under the provisions of this section the court shall have regard to the views of each of the persons served with the application.

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(4)

The Registrar shall on payment of the prescribed fee issue to every person admitted under the provisions of this section a certificate to practise specifying in it the case in which such person is permitted to appear and any person to whom a certificate to practise has been issued under the provisions of this subsection shall for the purpose of his employment in such case be deemed to be a person to whom a certificate to practise has been issued under the provisions of section 29 of this Act.

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(5)

The Registrar shall not enter the names of persons admitted under the provisions of this section upon the Roll but shall keep a separate roll for persons admitted under this section.

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(6)

In this section the word “case” includes any interlocutory or appeal proceedings connected with a case.

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Clause 19

Qualifications for entry into articles

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(1)

Subject to the provisions of this Act and of any rules made by the Board a person may not enter into articles with a view to his admission as an advocate and solicitor unless he —

(a)

is a citizen of Singapore;

(b)

has attained the age of seventeen years;

(c)

is of good character; and

(d)

has attained such educational attainments as may be prescribed.

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(2)

For the purposes of this Part of this Act a person who has entered into articles of clerkship with an advocate and solicitor shall be known as an “articled clerk” and an advocate and solicitor who takes an articled clerk shall be known as “principal”.

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Clause 20

Restrictions on taking of articled clerks

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(1)

No advocate and solicitor shall without the special leave in writing of the Board qualify to be a principal unless he has been in active practice as an advocate and solicitor in Singapore for a period of not less than five out of the seven years immediately preceding the articles of clerkship and is in active practice.

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(2)

No principal shall have more than two articled clerks at the same time.

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(3)

No principal shall take or retain any articled clerk after he has ceased active practice as an advocate and solicitor in Singapore or while he is employed by another solicitor.

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(4)

If any solicitor takes or has an articled clerk in contravention of any of the provisions of this section the Board may of its own motion discharge the articles of that articled clerk upon such terms, including terms as to return of premium, if any, as the Board thinks fit.

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Clause 21

Moral unfitness of articled clerk

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If any allegation is made to the Board as to the moral unfitness of an articled clerk to be an officer of the court, and the Board, after inquiring into that allegation is satisfied that the articled clerk is morally unfit to be such an officer, the Board may of its own motion discharge the articles of that articled clerk upon such terms, including terms as to return of premium, if any, as the Board thinks fit.

Clause 22

Discharge of articles on application by principal or articled clerk

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If the Board is satisfied on application made either by a principal or an articled clerk that the articles ought to be discharged, the Board may discharge the articles upon such terms, including terms as to return of premium, if any, as the Board thinks fit.

Clause 23

Period of articles

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(1)

The period of articles for an articled clerk who is a graduate of a University recognised by the Board for the purpose of this section shall be not less than three years.

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(2)

The period of articles for every other person shall be not less than five years.

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Clause 24

Qualifications for admission of articled clerks

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Subject to the provisions of this Act and any rules made by the Board an articled clerk shall not be admitted as an advocate and solicitor unless he —

(a)

is a citizen of Singapore;

(b)

has satisfactorily served the prescribed period of articles;

(c)

has attended such courses of instruction as may generally or specially be prescribed by the Board; and

(d)

has passed such examinations as may be prescribed by the Board.

Clause 25

Petitions for admission by articled clerks

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(1)

The provisions of this section shall apply to every articled clerk who proposes to apply for admission as an advocate and solicitor.

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(2)

An application for admission by an articled clerk shall be by a petition to the court and such petition shall be verified by affidavit.

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(3)

The petitioner shall file his petition in the Registrar’s office accompanied by a notice intimating that he has so applied, which shall be posted and continue to be posted at the High Court for six months before any order shall be made on the petition.

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(4)

Every petitioner shall not less than twelve days before his petition is to be heard file an affidavit exhibiting to such affidavit —

(a)

two recent certificates as to his good character;

(b)

a certificate of diligence from his principal;

(c)

a certificate that he has passed the prescribed examinations and that he has otherwise complied with the provisions of this Act signed by the Secretary of the Board.

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(5)

The petition, notice, affidavit and certificate referred to shall be in the form prescribed by the Board.

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(6)

The provisions of section 16 of this Act shall apply to any application for admission under this section.

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Clause 26

Review of Board’s decisions

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(1)

Any person dissatisfied with any decision of the Board may apply to a judge for a review of the decision.

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(2)

If the Board fails to determine any request within three months after it has been first submitted to it the applicant may apply under the provisions of this section as if the request had been determined adversely to him.

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(3)

Every application under this section shall be made by summons in chambers in the petition of the appellant if he has filed a petition and otherwise by originating summons and the judge hearing the application may in his discretion adjourn the application into open court.

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(4)

Every such summons in chambers or originating summons as the case may be shall be supported by evidence on affidavit and shall be served together with the affidavit on the Board and shall not be heard until after the expiry of twelve days after service on the Board.

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(5)

At or before the hearing of the application the Board may submit to the judge a confidential report which shall not be filed in court but a copy whereof shall be furnished to the applicant.

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(6)

A confidential report under this section shall be absolutely privileged.

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(7)

At the hearing the judge may dismiss the application or may make such order in accordance with the provisions of this Act as he deems fit.

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(8)

A judge who is a member of the Board shall not hear any application under this section.

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Clause 27

Hearing

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(1)

Petitions for admission as an advocate and solicitor shall except during a court vacation be heard on the second Wednesday of every month unless the Chief Justice shall otherwise order for any particular month.

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(2)

No petition for admission shall be heard by a judge who is a member of the Board.

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Clause 28

Declaration, duty and the Roll

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(1)

Every person admitted as an advocate and solicitor of the High Court shall make the declaration set out in subsection (2) of this section.

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(2)

Subject to any necessary modification to conform to the religious beliefs of the petitioner, the declaration shall be in the following form: —“I, A.B., do solemnly and sincerely declare (and swear) that I will truly and honestly conduct myself in the practice of an advocate and solicitor according to the best of my knowledge and ability and according to law.(So help me God.)”.

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(3)

The Registrar shall keep a Roll of advocates and solicitors with the date of their respective admission.

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(4)

The name, with the date of admission, of every person admitted shall be entered upon the Roll in order of admission.

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(5)

Every person admitted as an advocate and solicitor shall pay the prescribed duty and the Registrar shall deliver to him an instrument of admission signed by the Chief Justice or the judge who admitted the petitioner.

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(6)

The provisions of this section shall not apply to persons admitted under the provisions of section 18 of this Act.

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Clause 29

Practising certificates

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(1)

Every solicitor shall in every year before he does any act in the capacity of an advocate and solicitor deliver or cause to be delivered to the Registrar —

(a)

a declaration in writing stating —

(i)

his full name;

(ii)

the name under which he practises if different from his own name, or the name of the solicitor or firm of solicitors employing him; and

(iii)

the principal and any other address or addresses at which he practises in Singapore;

(b)

an annual certificate issued to him; and

(c)

the prescribed duty,and the Registrar shall thereupon issue to the solicitor a practising certificate authorising him to practise as an advocate and solicitor in Singapore.

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(2)

Every practising certificate shall be signed by the Registrar and shall be in force from the date of issue to the end of the year:Provided that where the name of a solicitor is removed from or struck off the Roll the practising certificate, if any, of that solicitor for the time being in force shall expire forthwith and the date of such expiration shall be entered by the Registrar on the Register of Practitioners.

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(3)

Every practising certificate issued in the month of April shall be deemed to have been in force from the first day of that month.

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(4)

In this section the word “year” shall mean the period from the 1st day of April in any calendar year to the 31st day of March in the next ensuing calendar year.

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Clause 30

Disqualification for practising certificate

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(1)

No solicitor shall apply for a practising certificate —

(a)

unless he is practising or intends to practise either on his own account or in partnership; or

(b)

unless he is or is about to be employed in his or their practice by a solicitor or firm of solicitors in practice in Singapore; or

(c)

if he has, for a period of three years or more, held office as a judge of the High Court or of the Federal Court of Malaysia or of any High Court in any part of Malaysia.

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(2)

A practising certificate issued to a solicitor shall cease to have effect when he ceases to practise or he ceases to be employed by a solicitor or firm of solicitors as aforesaid.

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Clause 31

Register of practitioners

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(1)

Upon the issue of every practising certificate the Registrar shall cause to be entered in an annual register kept for that purpose and in this Act called the “Register of Practitioners” the particulars as contained in the declaration delivered under paragraph (a) of subsection (1) of section 29 of this Act and any person may inspect the Register of Practitioners during office hours without payment.

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(2)

If there is any change with respect to any solicitor in the particulars referred to in subsection (1) of this section that solicitor shall within one week thereafter notify the Registrar and the Council and the Registrar shall thereupon cause the entry in respect of that solicitor in the Register of Practitioners to be amended.

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Clause 32

Annual certificates

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(1)

Subject to the provisions of this section and of sections 33 and 34 of this Act, the Council shall issue an annual certificate to a solicitor within twenty-one days of the receipt of an application under subsection (2) of this section if —

(a)

the Council is satisfied that the application referred to in subsection (2) of this section complies with that subsection and of any rules made under this section;

(b)

the Council is satisfied that the applicant is not prohibited from holding a practising certificate under the provisions of section 30 of this Act;

(c)

the solicitor has delivered or is exempted from delivering an accountant’s report in accordance with the provisions of section 77 of this Act; and

(d)

the solicitor is not in arrears in respect of any contribution to the Compensation Fund, subscription or levy lawfully due to the Society under the provisions of this Act.

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(2)

An application by a solicitor for an annual certificate shall be made in such form or forms as may be prescribed by and in accordance with rules made under this section and shall be accompanied by the subscription fixed by the Council under the provisions of section 51 of this Act and the contribution to the Compensation Fund under the provisions of section 78 of this Act.

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(3)

Disciplinary proceedings may be taken against any solicitor if in, or in relation to, an application under this section he makes a false statement material to the application.

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(4)

Subject to the provisions of this Act, the Council may make rules regulating the issue of annual certificates.

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(5)

Any rules made by the Council under this section shall be signed by the President of the Society and submitted to the Chief Justice and shall come into operation upon the Chief Justice signifying his approval.

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Clause 33

Discretion of the Society with respect to the issue of annual certificates in special cases

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(1)

The provisions of subsection (2) of this section shall have effect where a person applies for an annual certificate —

(a)

after more than twelve months have elapsed since his admission and he held no practising certificate in force during that period;

(b)

he has held a practising certificate subject to terms and conditions at any time in the three years immediately preceding his application;

(c)

after more than twelve months have elapsed since he held a practising certificate in force;

(d)

after the Disciplinary Committee have ordered a penalty or costs to be paid by him;

(e)

after he has been invited by the Council to give an explanation in respect of any matter affecting his conduct and has failed to give an explanation in respect of that matter which the Council regards as sufficient and satisfactory, and has been notified in writing by the Council that he has so failed;

(f)

when having been suspended from practice or having had his name removed from the Roll or struck off the Roll the period of suspension has expired or his name has been restored to the Roll, as the case may be;

(g)

whilst he is an undischarged bankrupt or a receiving order in bankruptcy is in force against him;

(h)

after having been adjudicated a bankrupt and obtained his discharge or after having entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors;

(i)

whilst he is a patient under the provision of the Mental Disorders and Treatment Ordinance (Cap. 145) or a person as to whom the powers are exercisable and have been exercised under Part I of that Ordinance; (j)after having had an order of committal or an order for the issue of a writ of attachment made against him; or

(k)

after having had given against him any judgment which involves the payment of moneys, not being a judgment —

(i)

limited to the payment of costs; or

(ii)

as to the whole effect of which upon him he is entitled to indemnity or relief from some other person; or

(iii)

evidence of the satisfaction of which has been produced to the Council.

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(2)

Subject as aforesaid, the applicant shall, unless a judge or the Council otherwise orders, give to the Council not less than four weeks before his application for an annual certificate notice of his intention to apply therefor and the Council may in its discretion —

(a)

issue an annual certificate; or

(b)

notify the applicant that he is required to make an application under section 34 of this Act.

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Clause 34

Application to a judge

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(1)

A solicitor who is required to make an application under this section or any solicitor who is dissatisfied with the refusal, neglect or delay in the issue to him of an annual certificate may apply to a judge by originating summons for an order directing the Registrar to issue a practising certificate notwithstanding the failure of the Council to issue an annual certificate to him.

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(2)

Such application shall be served on the Society and upon the hearing of such application the judge may —

(a)

dismiss the application;

(b)

if he is satisfied that the applicant has met the requirements of paragraphs (a), (b), (c) and (d) of subsection (1) of section 32 of this Act direct the Registrar to issue a practising certificate free from terms and conditions or upon such terms and conditions as the judge may think fit; or

(c)

make such order as he may think fit.

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(3)

A judge hearing an application under this section may make an order for the payment of costs by or to either the Society or the applicant, as shall be just.

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Clause 35

Privileges of advocates and solicitors

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(1)

Advocates and solicitors shall, subject to the provisions of any written law, have the exclusive right to appear and plead in all courts of justice in Singapore according to the law in force in such courts; and as between themselves shall have the same rights and privileges without differentiation.

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(2)

Nothing herein shall affect the right which is hereby declared of —

(a)

the Attorney-General, the Solicitor-General, State Counsel, Deputy Public Prosecutors and qualified persons appointed temporarily to perform the duties of such persons to appear and plead on behalf of the Government in the said courts;

(b)

the Public Trustee, Official Assignee, Assistant Public Trustees and Assistant Official Assignees to appear and plead in the said courts under any of the provisions of any law relating to such offices; and

(c)

the Director of Legal Aid and Assistant Directors of Legal Aid to appear and plead in the said courts under the provisions of the Legal Aid and Advice Ordinance, 1956 (Ord. 19 of 1956).

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(3)

The Attorney-General and the Solicitor-General appearing personally shall have such priority as is customarily accorded to the holders of those offices in England.

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Clause 36

Qualifications to practise

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(1)

Subject as hereinafter provided no person shall practise as an advocate and solicitor or do any act as an advocate or a solicitor unless his name is on the Roll and he has in force a practising certificate and a person who is not so qualified is in this Act referred to as an “unauthorised person”.

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(2)

A judge may, if he thinks fit, on the application of a solicitor who is a master under Part II of this Act allow his pupil who has completed not less than four months of his pupillage to appear on behalf of the master or the firm in which the master is a partner before —

(a)

a judge or the Registrar in chambers;

(b)

a District Judge or the Registrar of a District Court in chambers; and

(c)

a District Judge or a Magistrate to mention a case or to apply for bail.

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Clause 37

Unauthorised person acting as advocate or solicitor

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(1)

Any unauthorised person who —

(a)

acts as an advocate or a solicitor or agent for any party to proceedings or as such advocate, solicitor or agent sues out any writ, summons or process, or commences, carries on, solicits or defends any action, suit or other proceeding in the name of any other person or in his own name in any of the courts in Singapore or draws or prepares any instrument relating to any proceeding in the courts in Singapore; or

(b)

wilfully or falsely pretends to be, or takes or uses any name, title, addition or description implying that he is duly qualified or authorised to act as an advocate or solicitor, or that he is recognised by law as so qualified or authorised,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

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(2)

Without prejudice to the generality of subsection (1) of this section any unauthorised person who either directly or indirectly —

(a)

draws or prepares any document or instrument relating to any immovable or movable property or to any legal proceeding; or

(b)

takes instructions for or draws or prepares any papers on which to found or oppose a grant of probate or letters of administration; or

(c)

draws or prepares any document or instrument relating to the incorporation, formation, dissolution or winding up of a limited company; or

(d)

on behalf of a claimant or person alleging himself to have a claim to a legal right writes, publishes or sends a letter or notice threatening legal proceedings other than a letter or notice that the matter will be handed to a solicitor for legal proceedings; or

(e)

solicits the right to negotiate, or negotiates in any way for the settlement of, or settles, any claim founded in a legal right or otherwise,shall unless he proves that the act was not done for or in expectation of any fee, gain or reward be guilty of an offence under this subsection.

Suggest a correction

(3)

Any unauthorised person who offers or agrees to place at the disposal of any other person the services of an advocate and solicitor shall be guilty of an offence under this subsection:Provided that the provisions of this subsection shall not apply to any person who offers or agrees to place at the disposal of any other person the services of an advocate and solicitor pursuant to a lawful contract of indemnity or insurance.

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(4)

Every person who is convicted of an offence under subsection (2) or (3) of this section shall be liable for a first offence to a fine not exceeding five hundred dollars or in default of payment to imprisonment for a term not exceeding three months and for a second or subsequent offence to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

Suggest a correction

(5)

Any act done by a body corporate which in the case of a person would be an offence under the provisions of subsection (1), (2) or (3) of this section or is of such a nature or in such manner as to be calculated to imply that the body corporate is qualified or recognised by law as qualified, to act as a solicitor shall be an offence under this section and such body corporate shall be liable on conviction for a first offence to a fine not exceeding one thousand dollars and for a second or subsequent offence to a fine not exceeding three thousand dollars and where such act is done by a director, officer or servant thereof such director, officer or servant shall without prejudice to the liability of the body corporate, be liable to the punishments provided in subsection (4) of this section.

Suggest a correction

(6)

Where any firm does an act which in the case of a person would be an offence under the provisions of subsection (1), (2) or (3) of this section every member of such firm shall be deemed to have committed such offence unless he proves that he was unaware of the commission of such act.

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(7)

It is hereby declared that any person who does any act in relation to a contemplated or instituted proceeding in the High Court which is an offence under this section shall also be guilty of a contempt of the court in which the proceeding is contemplated or instituted and may be punished accordingly irrespective of whether he is prosecuted for the offence or not.

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Clause 38

Qualifications to section 37

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(1)

The provisions of section 37 of this Act do not extend to —

(a)

the Attorney-General or the Solicitor-General or any other person acting under the authority of either of them;

(b)

the Public Trustee, Official Assignee, Assistant Public Trustees and Assistant Official Assignee acting in the course of their duties under any law relating to such offices; or

(c)

the Director of Legal Aid and Assistant Directors of Legal Aid acting in the course of their duties under the provisions of the Legal Aid and Advice Ordinance, 1956 (Ord. 19 of 1956); (d)any other public officer drawing or preparing instruments in the course of his duty;

(e)

any person acting personally for himself only in any matter or proceeding to which he is a party;

(f)

any bona fide and full-time employee of an insurance company negotiating for the settlement of or settling a claim made or contemplated against any person or body corporate in cases where the claim relates to a risk insured by that insurance company;

(g)

any registered trade union negotiating on behalf of a bona fide member in respect of a claim against that member’s employer;

(h)

any proceeding before the Industrial Arbitration Court or the Shariah Court;

(i)

any person merely employed to engross any instrument or proceeding.

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(2)

The words “document” and “instrument” in section 37 of this Act do not include —

(a)

a will or other testamentary document; or

(b)

a transfer of stock containing no limitation thereof.

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Clause 39

Drawer’s name and address to be endorsed on instrument

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Every person who draws or prepares any instrument or document referred to in section 37 of this Act shall endorse or cause to be endorsed thereon his name and address or the name and address of his firm or the firm employing him and any such person omitting so to do or falsely endorsing or causing to be endorsed any of the said requirements shall be guilty of an offence and shall be liable on conviction to a fine of one thousand dollars.

Clause 40

No costs recoverable by unauthorised person

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(1)

No costs in respect of anything done by an unauthorised person as an advocate or a solicitor or in respect of any act which is an offence under the provisions of section 37 or 39 of this Act shall be recoverable in any action, suit or matter by any person whomsoever.

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(2)

Any payment to an unauthorised person for anything done by that unauthorised person which is an offence under the provisions of section 37 or 39 of this Act may be recovered by the person who has paid the money in a court of competent jurisdiction.

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Clause 75

Rules as to professional practice, etiquette, conduct and discipline

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(1)

Without prejudice to any other power to make rules the Council may make rules, for regulating the professional practice, etiquette conduct and discipline of advocates and solicitors.

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(2)

Any such rules shall not come into operation until they have been approved by the Chief Justice who may if he thinks fit consult any of the other judges before giving his approval.

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(3)

Disciplinary proceedings may be taken against any advocate and solicitor who fails to comply with any rules made under this section.

Suggest a correction

Clause 76

Rules as to keeping of accounts by solicitors

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(1)

The Council shall make rules —

(a)

as to the opening and keeping by solicitors of accounts at banks for clients’ money;

(b)

as to the keeping by solicitors of accounts containing particulars and information as to moneys received, held or paid by them for or on account of their clients; and

(c)

empowering the Council to take such action as may be necessary to enable them to ascertain whether or not the rules are being complied with.

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(2)

The Council shall also make rules —

(a)

as to the opening and keeping by every solicitor who is a sole trustee, or who is co-trustee only with one or more of his partners, clerks or servants, of an account at a bank for moneys of any trust of which he is such a sole trustee or co-trustee; and

(b)

as to the keeping by every such solicitor of accounts containing particulars and information as to moneys received, held or paid by him for or on account of any such trust; and

(c)

empowering the Council to take such action as may be necessary to enable them to ascertain whether or not the rules are being complied with.

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(3)

Any such rules shall not come into operation until they have been approved by the Chief Justice who may if he thinks fit consult any of the other judges before giving his approval.

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(4)

Disciplinary proceedings may be taken against any solicitor who fails to comply with any rules made under this section.

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(5)

In this section the expressions “trust” and “trustee” extend to implied and constructive trusts and to cases where the trustee has a beneficial interest in the trust property and to the duties incident to the office of a personal representative, and “trustee”, where the context admits, includes a personal representative.

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Clause 77

Accountant’s report

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(1)

Every solicitor shall with every application made by him for an annual certificate, unless he satisfies the Council that owing to the circumstances of his case it is unnecessary so to do, deliver to the Society a report signed by an accountant, in this section referred to as an “accountant’s report”.

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(2)

The accountant’s report shall —

(a)

state that in compliance with this section and rules made thereunder the accountant has examined the books, accounts and documents of the solicitor or his firm for such accounting period as may be specified in the report;

(b)

state whether or not the accountant is satisfied, from his examination of the books, accounts and documents produced to him and from the information and explanations given to him, that during the said accounting period the solicitor or his firm has complied with any rules made under subsection (1) of section 76 of this Act;

(c)

state if the accountant is not satisfied as aforesaid, the matters in respect of which he is not so satisfied;

(d)

contain such information as may be prescribed by rules made by the Council under this section; and

(e)

be delivered to the Society not more than six months (or such other period as any rules under this section may prescribe) after the end of the accounting period specified in the report.

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(3)

Subject to any rules made under this section the accounting period for the purposes of an accountant’s report shall —

(a)

begin at the expiry of the last preceding accounting period for which an accountant’s report has been delivered;

(b)

cover not less than twelve months;

(c)

terminate not more than twelve months, or such less period as the said rules may prescribe, before the date of the delivery of the report to the Society; and

(d)

where possible, consistently with paragraphs (a), (b) and (c) of this subsection, correspond to a period or consecutive periods for which the accounts of the solicitor or his firm are ordinarily made up.

Suggest a correction

(4)

The Council shall make rules to give effect to the provisions of this section, and such rules shall prescribe —

(a)

what qualification shall be held by an accountant by whom an accountant’s report may be given; and

(b)

the nature and extent of the examination to be made by the accountant of the books and accounts of a solicitor or his firm and of any other relevant documents with a view to the signing of a report to be delivered by the solicitor under this section.

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(5)

Any such rules may include provision for —

(a)

permitting in such special circumstances as may be defined in the rules a different accounting period from that specified in subsection (3) of this section; and

(b)

regulating any matters of procedure or matters incidental, ancillary or supplemental to the provisions of this section.

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(6)

Any rules made by the Council under this section shall not come into operation until they have been approved by the Chief Justice who shall consult the Attorney-General and may if he thinks fit consult any of the other judges before giving his approval.

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(7)

Disciplinary proceedings may be taken against any solicitor who fails to comply with the provisions of this section or any rules made thereunder.

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Clause 78

Compensation fund

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(1)

The Society shall maintain and administer in accordance with this section a fund to be known as the “Compensation Fund” (hereinafter in this section referred to as “the Fund”).

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(2)

Every solicitor shall on each occasion on which he applies for an annual certificate pay to the Society a contribution of such sum not exceeding one hundred dollars as the Council may from time to time determine and the Society shall pay that contribution to the Fund:Provided that a solicitor who applies for an annual certificate between the 1st day of October in any year and the 31st day of March in the next year shall be required to pay only half the contribution so determined.

Suggest a correction

(3)

The Society may invest any moneys which form part of the Fund and are not immediately required for any other purposes and, for the purposes of this section the Society shall have all the powers had by trustees under the law for the time being in force in Singapore.

Suggest a correction

(4)

The Society may borrow for the purposes of the Fund from any lender and may charge any investments of the Fund by way of security for such loan.

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(5)

The Society may insure with any person authorised by law to carry on insurance business within Singapore for such purpose and on such terms as the Society may deem expedient in relation to the Fund.

Suggest a correction

(6)

There shall be carried to the credit of the Fund —

(a)

all annual contributions paid to the Society in pursuance of subsection (2) of this section;

(b)

all interest, dividends and other income or accretions of capital arising from the investments of the Fund;

(c)

the proceeds of any realisation of any investments of the Fund;

(d)

all moneys borrowed for the purposes of the Fund;

(e)

all sums received by the Society under any insurance effected by the Society under subsection (5) of this section; and

(f)

any other moneys which may belong or accrue to the Fund or be received by the Council in respect thereof.

Suggest a correction

(7)

All moneys from time to time forming part of the Fund and all investments of the Fund shall be applicable —

(a)

for payment of any costs, charges and expenses of establishing, maintaining, administering and applying the Fund;

(b)

for payment of any costs, charges and expenses of the Council in ascertaining whether the rules made under section 76 of this Act have been complied with, pursuant to the powers given by such rules;

(c)

for payment of any premiums on insurances effected by the Society under subsection (5) of this section;

(d)

for repayment of any moneys borrowed by the Society and for payment of interest on any moneys so borrowed;

(e)

for payment of any grants which the Society may make under subsection (9) of this section; and

(f)

for payment of any other sums properly payable out of the Fund by virtue of this section.

Suggest a correction

(8)

If in any year there has been neither an application for a grant from the Fund nor a grant made from the Fund the Council may in its discretion transfer from the Fund all interest, dividends and other accretions of capital arising from the Fund or any part thereof to a fund of the Society established for the purposes of purchasing or maintaining a library for the use of members of the Society.

Suggest a correction

(9)

Where it is proved to the satisfaction of the Council that any person has sustained loss in consequence of dishonesty on the part of any solicitor or any clerk or servant of a solicitor in connection with that solicitor’s practice in Singapore as a solicitor or in connection with any trust in Singapore of which that solicitor is a trustee, then subject to the provisions of this section, the Society may, if the Council thinks fit, make a grant to that person out of the Fund for the purpose of relieving or mitigating that loss.

Suggest a correction

(10)

A grant may be made under this section whether or not the solicitor had in force a practising certificate when the act of dishonesty was committed and notwithstanding that subsequent to the commission of that act the solicitor has died or had his name removed from or struck off the Roll or has ceased to practise or been suspended from practice:Provided that no grant shall be made under this section in respect of any loss due to any act of dishonesty where such loss came to the knowledge of the person sustaining the loss or applicant for such grant before the 31st day of December 1962.

Suggest a correction

(11)

On the making by the Society of any grant under this section to any person in respect of any loss —

(a)

the Society shall to the amount of the grant be subrogated to any rights and remedies in respect of the loss of the person to whom the grant is made or of the solicitor, clerk or servant;

(b)

the person to whom the grant is made shall have no right under bankruptcy or other legal proceedings or otherwise to receive any sum out of the assets of the solicitor, clerk or servant in respect of the loss until the society has been reimbursed the full amount of its grant.

Suggest a correction

(12)

References in paragraphs (a) and (b) of subsection (11) of this section to the person to whom the grant is made or to the solicitor, clerk or servant shall include, in the event of his death, insolvency or other disability, references to his personal representative or any other person having authority to administer the estate.

Suggest a correction

(13)

The Council may make rules with respect to the procedure to be followed in giving effect to the provisions of this section and with respect of any matters incidental, ancillary or supplemental to these provisions or concerning the administration or protection of the Fund and no grant shall be made under this section in respect of any loss unless notice of the loss is received by the Society in such manner and within such time after the loss first came to the knowledge of the loser as may be prescribed by the rules.

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Clause 79

Solicitors who are commissioners for oaths or notaries public

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No solicitor who is a commissioner for oaths or a notary public shall do any act as such commissioner or notary as the case may be unless he has in force a practising certificate.

Clause 80

Solicitor not to act as agent for any unauthorised person

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(1)

No solicitor shall wilfully and knowingly act as agent in any legal proceeding of whatsoever kind or in any matter which under this Act can be done only by a solicitor who has in force a practising certificate for any unauthorised person, or permit his name to be made use of in any such proceeding or matter upon the account or for the profit of any unauthorised person, or send any process to any unauthorised person, or do any other act enabling any unauthorised person to appear, act or practise or purport to practise in any respect as a solicitor in any such proceeding or matter.

Suggest a correction

(2)

No solicitor shall authorise any unauthorised person to operate any bank account in the name of the solicitor or his firm and maintained by the solicitor or his firm in connection with his practice as a solicitor.

Suggest a correction

(3)

Disciplinary proceedings may be taken against any solicitor who has acted in contravention of subsection (1) or (2) of this section.

Suggest a correction

(4)

Any unauthorised person who was enabled by a solicitor to act or practise or purport to practise as a solicitor shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding one year.

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(5)

In this section the expression “unauthorised person” shall have the meaning assigned to it in section 36 of this Act.

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Clause 81

Solicitors’ clerks

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(1)

No solicitor shall in connection with his practice as such, without the consent of the court obtained on an application by originating summons served upon the Attorney-General and upon the Society employ or remunerate any person who to his knowledge is an undischarged bankrupt or has been —

(a)

struck off a Roll of legal practitioners by whatsover name called otherwise than at his own request in Singapore or in any part of Malaysia or elsewhere and remains struck off;

(b)

suspended from practising as an advocate and solicitor in Singapore or in any part of Malaysia or elsewehere and remains suspended;

(c)

convicted of an offence involving dishonesty;

(d)

convicted of an offence under section 35 of the Minor Offences Ordinance (Cap. 117) or under any provision of this Act; (e)listed as a tout under section 100 of the Subordinate Courts Ordinance (Cap. 3); (f)a person in respect of whom an order under subsection (2) of this section has been made; or

(g)

employed as a public officer:Provided that the provisions of paragraph (g) of this subsection shall not apply to any public officer who is an advocate and solicitor or a qualified person.

Suggest a correction

(2)

On application made by or on behalf of the Attorney-General or the Society the court may make an order directing that, as from the date to be specified in such order, no solicitor shall in connection with his practice as such employ or remunerate any person, the subject of the application, who —

(a)

has been a party to any act or default of a solicitor in respect of which a complaint has been or might properly have been made against such solicitor under the provisions of this Act; or

(b)

has so conducted himself whilst employed by a solicitor that, had he himself been a solicitor, such conduct might have formed the subject of a complaint under the provisions of this Act against him.

Suggest a correction

(3)

Every application under subsection (2) of this section shall be served upon the person in respect of whom it is made and upon his employer or previous employer if such employer or previous employer is a solicitor not less than ten days before the application is to be heard.

Suggest a correction

(4)

Every order made under subsection (2) of this section shall be filed in a file to be kept for this purpose by the Registrar and such file may be inspected by any solicitor without fee.

Suggest a correction

(5)

Before a solicitor employs or remunerates any person (other than an advocate and solicitor or a qualified person) in connection with his practice as such, he shall —

(a)

require such person to make a statutory declaration to show that he is not an undischarged bankrupt and that he does not come within the class of persons enumerated in paragraphs (a) to (g) of subsection (1) of this section and that he is not a person in respect of whom an order has been made under subsection (2) of this section; and

(b)

within fourteen days of commencing to employ such person deliver to the Society a certified copy of the statutory declaration so made.

Suggest a correction

(6)

Disciplinary proceedings may be taken against any solicitor who acts in contravention of the provisions of this section.

Suggest a correction

Clause 82

Acting for housing developer and purchase prohibited

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(1)

No solicitor who acts for a housing developer in a sale of immovable property developed under a housing development shall in the same transaction act for the purchaser of that property.

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(2)

In subsection (1) of this section —

(a)

the terms “develop”, “housing developer” and “housing development” shall have the meanings assigned thereto respectively in the Housing Developers (Control and Licensing) Ordinance, 1965 (Ord. 4 of 1965); and (b)“sale of immovable property” shall include the grant of a lease for a term exceeding three years.

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(3)

The provisions of subsection (1) of this section are without prejudice to any law affecting solicitors who act for parties where there is a conflict of interest or where a conflict of interest may arise.

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(4)

Disciplinary proceedings may be taken against a solicitor who acts in contravention of the provisions of subsection (1) of this section.

Suggest a correction

Clause 83

Prohibition of practice under certain names

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(1)

No person shall practise as an advocate and solicitor under any name that is not —

(a)

his own name;

(b)

the names of advocates and solicitors who are his partners;

(c)

the names of his predecessors whose goodwill he or his partners have acquired;

(d)

any combination of any of the names specified in paragraphs (a), (b) and (c) of this subsection.

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(2)

Disciplinary proceedings may be taken against a solicitor who acts in contravention of the provisions of subsection (1) of this section.

Suggest a correction

Clause 84

Account by solicitor

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(1)

Where the relationship of solicitor and client exists, or has existed, a summons may be issued by the client or his representatives for the delivery of a cash account, or the payment of moneys, or the delivery of securities.

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(2)

The court or a judge may order the respondent to deliver to the applicant a list of the moneys or securities which he has in his custody or control on behalf of the applicant, or to bring into court the whole or any part of the same, within such time as the court or a judge orders.

Suggest a correction

(3)

In the event of the respondent alleging that he has a claim for costs, the court or a judge may make such provision for the payment or security thereof or the protection of the respondent’s lien, if any, as the court or a judge thinks fit.

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Clause 85

Interim certificate

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(1)

If, during the taxation of any bill of costs or the taking of any account between solicitor and client, it appears to the Registrar that there must in any event be moneys due from the solicitor to the client, the Registrar may make an interim certificate as to the amount so payable by the solicitor.

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(2)

Upon the filing of such certificate the court or a judge may order the moneys so certified to be forthwith paid to the client or brought into court.

Suggest a correction

Clause 86

Jurisdiction of High Court over solicitors

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(1)

Any person duly admitted as an advocate and solicitor shall be an officer of the High Court: Provided that the provisions of any written law which imposes on officers of the High Court any restrictions as to practice as advocates or solicitors shall not apply to any advocate and solicitor by virtue only of this subsection.

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(2)

Nothing in this Part of this Act shall affect the jurisdiction referred to in subsection (3) of this section which is exercisable by the High Court or any judge thereof over any advocate or solicitor practising before it.

Suggest a correction

(3)

The High Court or any judge thereof may exercise the same jurisdiction in respect of advocates and solicitors as can be exercised by a superior court in England over barristers or solicitors practising before any such court.

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Clause 87

Power to strike off the Roll or suspend or censure

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(1)

All advocates and solicitors shall be subject to the control of the High Court and shall be liable on due cause shown to be struck off the Roll or suspended from practice for any period not exceeding two years or censured.

Suggest a correction

(2)

Such due cause may be shown by proof that such person —

(a)

has been convicted of a criminal offence, implying a defect of character which makes him unfit for his profession; or

(b)

has been guilty of fraudulent or grossly improper conduct in the discharge of his professional duty or guilty of breach of any rule or usage or conduct made by the Council under the provisions of this Act as in the opinion of the court amounts to improper conduct or practice as an advocate and solicitor; or

(c)

has been adjudicated bankrupt and has been guilty of any of the acts or omissions mentioned in paragraph (a), (b), (c), (d) (e), (f), (h) or (i) of subsection (6) of section 33 of the Bankruptcy Ordinance (Cap. 11); or (d)has tendered or given or consented to retention, out of any fee payable to him for his services, of any gratification for having procured the employment in any legal business of himself or any other advocate and solicitor; or

(e)

has directly or indirectly procured or attempted to procure the employment of himself or any advocate and solicitor through or by the instruction of any person to whom any remuneration for obtaining such employment has been given by him or agreed or promised to be so given; or

(f)

has accepted employment in any legal business through a person who has been proclaimed a tout under any written law relating thereto; or

(g)

allows any clerk or other unauthorised person to undertake or carry on legal business in his name, such other person not being under such direct and immediate control of his principal as to ensure that he does not act without proper supervision; or

(h)

has done some other act which would render him liable to be disbarred or struck off the roll of the court or suspended from practice or censured if a barrister or solicitor in England due regard being had to the fact that the two professions are fused in Singapore; or

(i)

carries on by himself or any person in his 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; or

(j)

has contravened or failed to comply with any of the provisions of this Act or of any rules made thereunder in relation thereto if in the opinion of the court such contravention or failure warrants disciplinary action;

(k)

after he has been invited by the Society to give an explanation in respect of any matter affecting his conduct and has failed to give an explanation in respect of that matter which the Council regard as sufficient and satisfactory and has been notified in writing that he has so failed if in the opinion of the court such failure warrants disciplinary action; or

(l)

has been disbarred, struck off, suspended or censured in his capacity as a legal practitioner by whatever name called in any other country.

Suggest a correction

(3)

Pupils and articled clerks shall mutatis mutandis be subject to the same jurisdiction as can be exercised over advocates and solicitors under this Part of this Act but in lieu of an order striking him off the Roll or suspending him an order may be made prohibiting the pupil or articled clerk from petitioning the court for admission until after a date to be specified in the order:Provided that the jurisdiction given by this subsection shall be exercised by a single judge.

Suggest a correction

(4)

In any proceedings under this Part of this Act the court may in addition to the facts of the case take into account the past conduct of the person concerned in order to determine what order should be made.

Suggest a correction

Clause 88

Appointment of Inquiry Committee

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(1)

At the first meeting of the Council held after the 1st day in January in any year, the Council shall appoint an Inquiry Committee comprising five members or former members of the Council of whom three shall constitute a quorum.

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(2)

Each Inquiry Committee shall hold office until the next Inquiry Committee is appointed.

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(3)

The Inquiry Committee may act notwithstanding any vacancy in their body and, in case of a vacancy, the Council may appoint a member or former member of the Council to fill the vacancy.

Suggest a correction

(4)

The Inquiry Committee shall meet from time to time for the dispatch of business and, subject to any rules made by the Council may regulate the convening, notice, place, management and adjournment of such meetings, the appointment of a chairman, the mode of deciding questions, and generally the transaction and management of business.

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Clause 89

Applications and complaints

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(1)

Any application by any person that an advocate and solicitor be dealt with under this Part of this Act and any complaint of the conduct of an advocate and solicitor in his professional capacity shall in the first place be made to the Society and the Council shall refer such application or complaint to the Inquiry Committee.

Suggest a correction

(2)

The High Court or any judge thereof or the Attorney-General may at any time refer to the Society any information touching upon the conduct of a solicitor in his professional capacity and the Council shall issue a written order to the Inquiry Committee.

Suggest a correction

(3)

Every written application or complaint received by the Inquiry Committee shall be supported by such statutory declarations or affidavits as the Inquiry Committee may require.

Suggest a correction

(4)

Before proceeding to inquire into or investigating into any matter under the provisions of section 90 of this Act the Inquiry Committee may require any person making a written application or complaint to deposit with the Society a reasonable sum not exceeding five hundred dollars to cover necessary costs and expenses and in case the application or complaint is found to be frivolous or vexatious, the sum so deposited or such part thereof as the Inquiry Committee may determine shall be applied for the payment of such costs and expenses; otherwise, the sum so deposited shall be returned to the person making the same.

Suggest a correction

Clause 90

Investigation

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(1)

Where the Inquiry Committee has —

(a)

received a written order;

(b)

decided of its own motion to inquire into any matter; or

(c)

received a written application or complaint and is satisfied that there may be grounds for such an application or complaint,it shall inquire into and investigate the matter and report to the Council on the matter.

Suggest a correction

(2)

For the purposes of any such investigation the Inquiry Committee may —

(a)

call upon or employ any person to make or assist in the making of whatever preliminary inquiries it deems necessary;

(b)

require the production for inspection by the Inquiry Committee or any person so employed of any books, documents or papers which may relate to or be connected with the subject matter of the investigation; and

(c)

require the member concerned to give all information in relation to any such books, documents or papers which may be reasonably required by the Inquiry Committee or by the person so employed.

Suggest a correction

(3)

Any advocate and solicitor who without lawful excuse refuses or fails to produce to the Inquiry Committee or to any person whom the Committee may employ for the purposes of investigation any books, documents or papers required of him as aforesaid or fails to give any such information relating thereto shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred dollars.

Suggest a correction

(4)

Before any inquiry or investigation begins in respect of any matter —

(a)

the Inquiry Committee shall post or deliver to the advocate and solicitor concerned —

(i)

copies of any written application or complaint and of any statutory declarations or affidavits that have been made in support of the application or complaint; and

(ii)

a notice setting out any or any further particulars that may be necessary to disclose the reason for the inquiry or investigation and inviting the member concerned, within such period (not being less than fourteen days) as may be specified in the notice, to give to the Inquiry Committee any written explanation he may wish to offer and to advise the Inquiry Committee if he wishes to be heard by the Committee; and

(b)

the Inquiry Committee shall allow the time specified in the notice to elapse and shall give the advocate and solicitor concerned reasonable opportunity to be heard if he so desires and shall give due consideration to any explanation he may make.

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(5)

Subject to the provisions of this Act and to any rules made by the Council under this Act the Inquiry Committee may regulate its own procedure as it deems fit.

Suggest a correction

Clause 91

Council’s consideration of report

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(1)

The Council shall consider the report of the Inquiry Committee and according to the circumstances of the case shall determine —

(a)

that a formal investigation is not necessary; or

(b)

that no sufficient cause exists for a formal investigation but that the advocate and solicitor should be ordered to pay a penalty under section 92 of this Act; or

(c)

that there should be a formal investigation by a Disciplinary Committee; or

(d)

that the matter be referred back to the Inquiry Committee, or adjourned for consideration.

Suggest a correction

(2)

The Council shall inform the person who made the application or complaint of the manner in which it has determined the application or complaint and in the event that the determination is that a formal investigation is unnecessary the Council shall on the request of such person furnish him with their reasons in writing.

Suggest a correction

Clause 92

Council’s power to order penalty

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(1)

If the Council determines under section 91 of this Act that no sufficient cause exists for a formal investigation but that the advocate and solicitor should be ordered to pay a penalty it may order the advocate and solicitor to pay a penalty of not more than two hundred and fifty dollars.

Suggest a correction

(2)

The provisions of section 99 of this Act shall apply to any penalty ordered to be paid under subsection (1) of this section.

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(3)

Before the Council makes an order for the payment of a penalty under this section it shall notify the advocate and solicitor concerned of its intention to do so and give him a reasonable opportunity to be heard by the Council.

Suggest a correction

Clause 93

Application to appoint a Disciplinary Committee

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If the Council determines under section 91 of this Act that there should be a formal investigation the Council shall forthwith apply to the Chief Justice to appoint a Disciplinary Committee which shall hear and investigate the matter.

Clause 94

Appointment of Disciplinary Committee

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(1)

The Chief Justice may from time to time appoint a Committee from among solicitors who have in force a practising certificate to be known for the purpose of this Act as a “Disciplinary Committee”.

Suggest a correction

(2)

A Disciplinary Committee shall consist of such number of members not being less than three nor more than five as the Chief Justice may from time to time think fit and shall be appointed in connection with one or more matter or for a fixed period of time or as the Chief Justice may think fit:Provided that the Chief Justice may at any time revoke the appointment of any Disciplinary Committee or may remove any member of a Disciplinary Committee or fill any vacancy in a Disciplinary Committee or subject to such limit as aforesaid increase the number of a Disciplinary Committee.

Suggest a correction

(3)

Every Disciplinary Committee shall appoint a solicitor to be the secretary of that Disciplinary Committee.

Suggest a correction

(4)

The production of any written instrument purporting to be signed by the Chief Justice and making an appointment, revocation or removal referred to in this section shall be evidence that such appointment, revocation or removal has been duly made.

Suggest a correction

Clause 95

Proceedings and powers of Disciplinary Committee

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(1)

The Rules Committee may from time to time make rules for regulating the hearing and investigation of matters before or by a Disciplinary Committee: Provided that no such application or complaint shall be heard or investigated before less than three members of a Disciplinary Committee.

Suggest a correction

(2)

For the purpose of any application or complaint heard and investigated by them under this Act the Disciplinary Committee may administer oaths and the Society or the applicant or person making the complaint and the solicitor to whom the application or complaint relates and (if so instructed by the Disciplinary Committee) the secretary of the Disciplinary Committee may sue out writs of subpna ad testificandum and of duces tecum but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action.

Suggest a correction

(3)

The writs referred to in subsection (2) of this section shall be served and may be enforced as if they were writs issued in connection with a civil action in the High Court.

Suggest a correction

(4)

Any person giving evidence before a Disciplinary Committee shall be legally bound to tell the truth.

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(5)

No fees or other charges shall be payable for any writ sued out by the secretary of the Disciplinary Committee under subsection (2) of this section.

Suggest a correction

(6)

In sections 172, 173, 174, 175, 177, 179, 182 and 228 of the Penal Code (Cap. 119) the words “public servant” shall be deemed to include a member of a Disciplinary Committee taking part in any investigation under this section, and in sections 193 and 228 of the Penal Code the words “judicial proceeding” shall be deemed to include any such investigation as aforesaid.

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Clause 96

Findings of Disciplinary Committee

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(1)

After hearing and investigating any matter referred to it the Disciplinary Committee shall record its findings in relation to the facts of the case and according to those facts shall determine —

(a)

that due cause does not exist for disciplinary action under section 87 of this Act or for a penalty under paragraph (b) of this subsection; or

(b)

that while no sufficient cause exists for disciplinary action under section 87 of this Act the advocate and solicitor should be ordered to pay a penalty under section 98 of this Act; or

(c)

that due cause exists for disciplinary action under section 87 of this Act.

Suggest a correction

(2)

In the event that the Disciplinary Committee makes a determination under paragraph (b) or (c) of subsection (1) of this section the Committee may make an order for payment by any party of costs or of such sum as the Committee may consider a reasonable contribution towards costs.

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(3)

The findings and determination of the Disciplinary Committee under this section shall be drawn up in the form of a report of which —

(a)

a copy shall be submitted to the Chief Justice and the Society; and

(b)

a copy shall on request be supplied to the advocate and solicitor concerned and to the person who made the application or complaint.

Suggest a correction

Clause 97

Society to apply to court

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(1)

If the determination of the Disciplinary Committee under section 96 of this Act is that due cause exists for disciplinary action under section 87 of this Act the Society shall without further direction or directions proceed to make application in accordance with the provisions of section 102 of this Act.

Suggest a correction

(2)

If the determination of the Disciplinary Committee under section 96 of this Act is that due cause does not exist for disciplinary action under section 87 of this Act or for a penalty it shall not be necessary for the Society to take any further action in the matter unless so directed by the Court.

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Clause 98

Disciplinary Committee’s power to order penalty

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(1)

If the Disciplinary Committee determines under section 96 of this Act that while no sufficient cause exists for disciplinary action under section 87 of this Act the advocate and solicitor should be ordered to pay a penalty, it may order the advocate and solicitor to pay a penalty of not more than one thousand dollars.

Suggest a correction

(2)

The provisions of section 99 of this Act shall apply to any penalty ordered to be paid under subsection (1) of this section.

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Clause 99

Provisions as to penalties

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(1)

Within twenty-one days of being ordered to pay a penalty by the Council or a Disciplinary Committee as the case may be the advocate and solicitor concerned may apply to a judge to set aside such order.

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(2)

Such application shall be made by way of originating summons and shall be served on the Society and shall be heard in Chambers unless the judge of his own motion or on the application of any party sees fit to order a hearing in open court.

Suggest a correction

(3)

Upon the hearing of such application the judge may —

(a)

affirm or vary the penalty; or

(b)

set aside the order for a penalty;and may make an order for payment of costs by or to either the Society or the applicant as may be just.

Suggest a correction

(4)

If no such application is made or if the order for a penalty is affirmed or varied by the court the advocate and solicitor shall pay such penalty to the Society and the Society shall pay the penalty into the Consolidated Fund.

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(5)

Any penalty not paid may be recoverable by the Society as a civil debt.

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Clause 100

Procedure for complainants dissatisfied with the Council’s decision

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(1)

When a person has made a written application or complaint to the Society and the Council has determined —

(a)

that a formal investigation is not necessary; or

(b)

that no sufficient cause for a formal investigation exists but that the advocate and solicitor concerned should be ordered to pay a penalty,that person, if he is dissatisfied with such decision may within fourteen days of being notified of the Council’s determination apply to a judge under this section.

Suggest a correction

(2)

Such application shall be made by originating summons and shall be accompanied by an affidavit or affidavits of the facts constituting the basis of the application or complaint and by a copy of the application or complaint originally made to the Society together with a copy of the Council’s reasons in writing supplied to the applicant under subsection (2) of section 91 of this Act.

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(3)

The application accompanied by a copy of each of the documents referred to in subsection (3) of this section shall be served on the Society.

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(4)

Upon the hearing of the application the judge may make an order —

(a)

affirming the determination of the Council; or

(b)

directing the Society to apply to the Chief Justice for the appointment of a Disciplinary Committee,and such order for the payment of costs as may be just.

Suggest a correction

(5)

If the judge makes an order directing the Society to apply to the Chief Justice for the appointment of a Disciplinary Committee the applicant shall have the conduct of proceedings before the Disciplinary Committee and any subsequent proceedings before the court under section 102 of this Act and any such proceedings shall be brought in the name of the applicant.

Suggest a correction

Clause 101

Procedure for complainants dissatisfied with a Disciplinary Committee’s decision

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(1)

When a Disciplinary Committee has determined —

(a)

that due cause does not exist for disciplinary action under section 87 of this Act; or

(b)

that no sufficient cause exists for disciplinary action under section 87 of this Act but that the advocate and solicitor should be ordered to pay a penalty under section 98 of this Act,and the person who made the written application or complaint is dissatisfied with such determination he may within fourteen days of being notified of the Disciplinary Committee’s decision apply to a judge under this section.

Suggest a correction

(2)

Such application shall be made by originating summons and shall be served on the Society and the secretary of the Disciplinary Committee who shall thereupon file in court the record and report of the hearing and investigation by the Disciplinary Committee.

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(3)

Upon the hearing of the application the judge, after hearing the applicant and the Disciplinary Committee and, if it desires to be heard, the Society, may make an order —

(a)

confirming the report of that Disciplinary Committee; or

(b)

directing the applicant to make an application under section 102 of this Act; or

(c)

directing the advocate and solicitor concerned under subsection (1) of section 102 of this Act to show cause,and such order for the payment of costs as may be just.

Suggest a correction

(4)

If the judge makes an order under paragraph (b) or (c) of subsection (3) of this section the applicant shall have the conduct of proceedings under section 102 of this Act and any such proceedings shall be brought in the name of the applicant.

Suggest a correction

Clause 102

Order to show cause

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(1)

An application that a solicitor be struck off the Roll or suspended from practice or censured or that he be required to answer allegations contained in an affidavit shall be made by originating summons ex parte for an order calling upon the solicitor to show cause.

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(2)

An application under subsection (1) of this section may be made to a judge and shall include an application for directions as to service if the solicitor is believed to be outside Singapore.

Suggest a correction

(3)

If the solicitor named in the order is or is believed to be within Singapore the provisions of the Rules of the Supreme Court for service of writs of summons shall apply to the service of the order.

Suggest a correction

(4)

If an order to show cause is made a copy of the affidavit or affidavits upon which the order was made shall be served with the order upon the solicitor named in the order.

Suggest a correction

(5)

Any order absolute, made in cases where personal service of the order to show cause has not been effected, may be set aside on the application of the solicitor on good cause being shown.

Suggest a correction

(6)

The application to make absolute and the showing of cause consequent upon any order to show cause made under subsections (1) and (2) of this section shall be heard by a court of three judges of whom the Chief Justice shall be one and from the decision of that court there shall be no appeal except to the Judicial Committee. For the purposes of an appeal to the Judicial Committee an order made under this subsection shall be deemed to be an order of an appellate court.

Suggest a correction

(7)

The judge who made the order to show cause shall not thereby be disqualified from sitting as a member of the court of three judges under subsection (6) of this section.

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(8)

Subject to the provisions of this section the Rules Committee may make rules for regulating and prescribing the procedure and practice to be followed in connection with proceedings under this section and under sections 104 and 106 of this Act and in the absence of any rule or rules dealing with any point of procedure or practice the Rules of the Supreme Court may be followed as nearly as the circumstances permit.

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Clause 103

Drawing up of order

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Where an order (whether to show cause or absolute) has been made by the court upon an application under section 102 of this Act and the order has not been drawn up by the applicant within one week after it was made, the Society may cause the order to be drawn up, and all future proceedings thereon shall be taken as if the application had been made by the Society.

Clause 104

Solicitor’s application to remove own name

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(1)

Any solicitor may subject to the provisions of this section and to any rules made in that behalf apply to the court to have his name removed from the Roll.

Suggest a correction

(2)

Every such application shall be made by way of originating motion and shall be supported by an affidavit in the prescribed form which shall be served on the Society not less than two months before the application is heard.

Suggest a correction

(3)

The Society may for good cause require the applicant to advertise his intention to make the application in such manner as the Society shall direct.

Suggest a correction

(4)

An application under this section shall be heard by a single judge sitting in open court.

Suggest a correction

(5)

No order shall be made on an application under this section if the judge is satisfied that —

(a)

disciplinary action is pending against the applicant; or

(b)

the conduct of the applicant is the subject of inquiry or investigation under the provisions of this Part of this Act.

Suggest a correction

(6)

On the hearing of any such application the judge may make an order —

(a)

directing the Registrar to remove the applicant’s name from the Roll; or

(b)

adjourning the same sine die or to such date as to the judge seems fit,and such order for the payment of costs as may be just.

Suggest a correction

Clause 105

Adverse orders to be noted on Roll

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The Society shall give the Registrar notice of every order made under this Part of this Act that is adverse to an advocate and solicitor and the Registrar shall cause a note of the effect of that order to be entered on the Roll against the name of the advocate and solicitor concerned: Provided that an order as to costs only need not be so entered on the Roll.

Clause 106

Replacement on Roll of solicitor who has been struck off

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(1)

The court may, if it thinks fit, at any time order the Registrar to replace on the Roll the name of a solicitor whose name has been removed from, or struck off the Roll.

Suggest a correction

(2)

Any application that the name of a solicitor be replaced on the Roll shall be by originating motion, supported by affidavit, before a court of three judges of whom the Chief Justice shall be one.

Suggest a correction

(3)

Notice of the motion shall be served on the Society who shall appear at the hearing of the motion and shall place before the court a report which shall include copies of the record of any proceedings as the result of which the name of the solicitor was removed from, or struck off the Roll and a statement of any facts which have occurred since the name of the solicitor was removed from, or struck off, the Roll and which in the opinion of the Council or any member of it are relevant to be considered or to be investigated in connection with the application.

Suggest a correction

Clause 107

Costs

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(1)

Where under section 97 of this Act the Disciplinary Committee determines that due cause for disciplinary action does not exist and further records the opinion that the application or complaint was frivolous or vexatious the Disciplinary Committee may by summons to be heard before a judge ask that the court shall order that the costs of the application or complaint shall be paid by the person who made the application or complaint and thereupon and after hearing such person the court may order that such costs or any part of them shall be paid by such person and any such order shall thereupon be enforceable in the same manner as any other order for costs made in proceedings in the court.

Suggest a correction

(2)

The costs of and incidental to all proceedings under section 102, 104 or 106 of this Act shall be in the discretion of the judge or of the court before whom the hearing has taken place and such costs may include the costs of the Society or Disciplinary Committee and may be ordered to be paid by the solicitor by or against whom or by the person by whom any application or complaint was made or was intended to be made or partly by one and partly by the other of them.

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Clause 108

Absence of person concerned

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If the person whose conduct is the subject of inquiry fails to attend before the court, the Disciplinary Committee, the Council or the Inquiry Committee, as the case may be, the inquiry or proceedings may be proceeded with without further notice to such person upon proof of service by affidavit or statutory declaration.

Clause 109

Provisions as to evidence

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(1)

In any proceedings under this Part of this Act any publication purporting to be printed under the authority of the General Council of the Bar in England or the Law Society in England and any document purporting to be signed under the authority of those bodies shall, until the contrary be proved, be evidence of the facts therein stated or of any rule, practice or usage prevailing in England as therein stated.

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(2)

When the person whose conduct is the subject of inquiry does not appear and the Disciplinary Committee determines under the provisions of section 108 of this Act to proceed in his absence and in any other case with the consent in writing of that person, the Disciplinary Committee may either as to the whole case or as to any particular fact or facts, proceed and act on evidence by affidavit or statutory declaration.

Suggest a correction

Clause 110

No action in absence of bad faith

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No action or proceeding shall lie against the Disciplinary Committee, the Society, the Council or the Inquiry Committee or any member thereof for any act or thing done under this Act unless it is proved to the court that the act or thing was done in bad faith or with malice.

Clause 111

Prohibition of certain stipulations

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(1)

No solicitor shall —

(a)

purchase or agree to purchase an interest or any part of the interest of his client or of any party in any suit, action or other contentious proceeding brought or to be brought or maintained; or

(b)

enter into any agreement by which he is retained or employed to prosecute any suit or action or other contentious proceeding which stipulates for or contemplates payment only in the event of success in such suit, action or proceeding.

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(2)

Nothing in this Act shall be construed to give validity to any purchase or agreements prohibited by the provisions of subsection (1) of this section or to any disposition, contract, settlement, conveyance, delivery, dealing or transfer which is void or invalid against —

(a)

the Official Assignee under the law relating to bankruptcy;

(b)

a liquidator or receiver under the law relating to the winding-up of companies; or

(c)

a creditor in any composition.

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(3)

A solicitor shall notwithstanding any provision of this Act be subject to the law of maintenance and champerty like any other person.

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Clause 112

Orders as to remuneration of solicitors for non-contentious business

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(1)

For the purposes of this section there shall be a committee consisting of the following persons: —

(a)

the Chief Justice;

(b)

the Attorney-General;

(c)

the President of the Society;

(d)

two solicitors nominated by the Council; and

(e)

the Registrar of Titles.

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(2)

The Committee or any four of the members thereof (the Chief Justice being one) may make general orders prescribing and regulating in such manner as they think fit the remuneration of solicitors in respect of non-contentious business and any order made under this section may revoke or alter any previous order so made.

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(3)

An order made under this section may, as regards the mode of remuneration, prescribe that it shall be according to a scale of rates of commission or percentage, varying or not in different classes of business, or by a gross sum, or by a fixed sum for each document prepared or perused, without regard to length, or in any other mode, or partly in one mode and partly in another, and may regulate the amount of remuneration with reference to all or any of the following, among other, considerations, that is to say: —

(a)

the position of the party for whom the solicitor is concerned in the business, that is, whether as vendor or purchaser, lessor or lessee, mortgagor or mortgagee, and the like;

(b)

the place where, and the circumstances in which, the business or any part thereof is transacted;

(c)

the amount of the capital money or rent to which the business relates;

(d)

the skill, labour and responsibility involved therein on the part of the solicitor;

(e)

the number and importance of the documents prepared or perused, without regard to length.

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(4)

An order under this section may authorise and regulate —

(a)

the taking by a solicitor from his client of security for payment of any remuneration, to be ascertained by taxation or otherwise, which may become due to him under any such order; and

(b)

the allowance of interest.

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(5)

So long as an order made under this section is in operation, taxation of bills of costs of solicitors in respect of non-contentious business shall, subject to the provisions of the section 113 of this Act, be regulated by that order.

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(6)

The provisions of section 134 of this Act shall apply to any order made under this section.

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Clause 113

Agreements with respect to remuneration for non-contentious business

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(1)

Whether or not any order is in force under section 112 of this Act, a solicitor and his client may, either before or after or in the course of the transaction of any non-contentious business by the solicitor, make an agreement as to the remuneration of the solicitor in respect thereof: Provided that such agreement shall not provide for costs at a scale lower than that provided by any order made under section 112 of this Act.

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(2)

The agreement may provide for the remuneration of the solicitor by a gross sum, or by commission or percentage, or by salary, or otherwise, and it may be made on the terms that the amount of the remuneration therein stipulated for either shall or shall not include all or any disbursements made by the solicitor in respect of searches, plans, travelling, stamps, fees or other matters.

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(3)

The agreement shall be in writing and signed by the person to be bound thereby or his agent in that behalf.

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(4)

The agreement may be sued and recovered on or set aside in the like manner and on the like grounds as an agreement not relating to the remuneration of a solicitor:Provided that if on any taxation of costs the agreement is relied on by the solicitor and objected to by the client as unfair or unreasonable, the taxing officer may enquire into the facts and certify them to the court, and if on that certificate it appears just to the court that the agreement should be cancelled, or the amount payable thereunder reduced, the court may order the agreement to be cancelled, or the amount payable thereunder to be reduced, and may give such consequential directions as the court thinks fit.

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Clause 114

Remuneration of a solicitor who is a mortgagee

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(1)

If a mortgage is made to a solicitor, either alone or jointly with any other person, he, or the firm of which he is a member, shall be entitled to recover from the mortgagor in respect of all business transacted and acts done by him or them in negotiating the loan, deducing and investigating the title to the property, and preparing and completing the mortgage, such usual costs as he or they would have been entitled to receive if the mortgage had been made to a person who was not a solicitor and that person had retained and employed him or them to transact that business and do those acts.

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(2)

If a mortgage has been made to, or has become vested by transfer or transmission in, a solicitor, either alone or jointly with any other person, and any business is transacted or acts are done by that solicitor, or by the firm of which he is a member, in relation to that mortgage or the security thereby created or the property comprised thereunder, then he or they shall be entitled to recover from the person on whose behalf the business was transacted or the acts were done, and to charge against the security, such usual costs as he or they would have been entitled to receive if the mortgage had been made to and had remained vested and employed him or them to transact that business and do those acts.

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(3)

In this section the expression “mortgage” includes any charge on any property for securing money or money’s worth.

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Clause 115

Agreement as to costs for contentious business

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(1)

Subject to the provisions of any other written law, a solicitor may make an agreement in writing with his client respecting the amount and manner of payment for the whole or any part of his costs in respect of contentious business done or to be done by such solicitor, either by a gross sum, or otherwise, and either at the same or at a greater or at a lesser rate as or than the rate at which he would otherwise be entitled to be remunerated.

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(2)

Every such agreement shall be signed by the client and shall be subject to the provisions and conditions contained in this Part of this Act.

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Clause 116

Effect of agreements with respect to contentious business

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(1)

Such an agreement as is mentioned in section 115 of this Act shall not affect the amount of, or any rights or remedies for the recovery of, any costs recoverable from the client by any other person or payable to the client by any other person, and any such other person may require any costs payable or recoverable by him to or from the client to be taxed according to the rules for the time being in force for the taxation of such costs, unless such other person has otherwise agreed: Provided always that the client who has entered into such an agreement shall not be entitled to recover from any other person, under any order for the payment of any costs which are the subject of such agreement, more than the amount payable by the client to his own solicitor under the same.

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(2)

Such an agreement shall be deemed to exclude any further claim of the solicitor beyond the terms of agreement in respect of any services, fees, charges or disbursements in relation to the conduct and completion of the business in reference to which the agreement is made, except such services, fees, charges or disbursements, if any, as are expressly excepted by the agreement.

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(3)

Subject to the provisions of this Part of this Act, the costs of a solicitor in any case where there is such agreement as is referred to in section 115 of this Act, shall not be subject to taxation nor to the provisions of section 122 of this Act.

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(4)

A provision in any such agreement that the solicitor shall not be liable for negligence, or that he shall be relieved from any responsibility to which he would otherwise be subject as such solicitor, shall be wholly void.

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Clause 117

Enforcement of agreement

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(1)

No action or suit shall be brought or instituted upon any such agreement as is referred to in section 116 of this Act, but every question respecting the validity or effect of any such agreement may be examined and determined, and the agreement may be enforced or set aside without suit or action or summons, motion or petition of any person or the representatives of any person a party to such agreement, or being or alleged to be liable to pay, or being or claiming to be entitled to be paid the costs, fees, charges or disbursements in respect of which the agreement is made, by the court in which the business or any part thereof was done or a judge thereof, or, if the business was not done in any court, then by the High Court or a judge thereof.

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(2)

Upon any such summons, motion or petition as aforesaid, if it appears to the court or judge that such agreement is in all respects fair and reasonable between the parties, the same may be enforced by such court or judge by rule or order, in such manner and subject to such conditions, if any, as to the costs of such summons, motion or petition as such court or judge thinks fit.

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(3)

If the terms of such agreement are deemed by the court or judge to be unfair or unreasonable, the same may be declared void, and the court or judge may thereupon order such agreement to be given up to be cancelled, and may direct the costs, fees, charges and disbursements incurred or chargeable in respect of the matters included therein to be taxed, in the same manner and according to the same rules as if such agreement had not been made.

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(4)

The court or judge may also make such order as to the costs of and relating to such summons, motion or petition and the proceedings thereon as to the said court or judge seems fit.

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(5)

When the amount agreed for under any such agreement has been paid by or on behalf of the client or by any person chargeable with or entitled to pay the same, any court or judge having jurisdiction to examine and enforce such an agreement may, on application by the person who has paid such amount within twelve months after payment thereof, if it appears to such court or judge that the special circumstances of the case require the agreement to be re-opened, re-open the same, and order the costs, fees, charges and disbursements to be taxed, and the whole or any portion of the amount received by the solicitor to be repaid by him, on such terms and conditions as to the court or judge seems just.

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(6)

Where any such agreement is made by the client in the capacity of guardian or of trustee under a deed or will, or of committee of any person or persons whose estate or property will be chargeable with the amount payable under such agreement or with any part of such amount, the agreement shall before payment be laid before the Registrar, who shall examine the same and disallow any part thereof, or may require the direction of the court or a judge to be taken thereon by summons, motion or petition.

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(7)

If in any such case —

(a)

the client pays the whole or any part of the amount payable under the agreement without the previous allowance of the Registrar or court or judge as aforesaid, he shall be liable at any time to account to the person whose estate or property is charged with the amount paid, or with any part thereof, for the amount so charged; and

(b)

the solicitor accepts payment without such allowance, any court which would have had jurisdiction to enforce the agreement may, if it thinks fit, order him to refund the amount so received by him under the agreement.

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Clause 118

Death or incapability of solicitor after agreement

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(1)

Where a solicitor has made an agreement with his client, in pursuance of the provisions of section 115 of this Act and anything has been done by such solicitor under the agreement, and, before the agreement has been completely performed by him, such solicitor dies or becomes incapable to act, an application may be made to the court by any party thereto or by the representatives of any such party, and the court shall thereupon have the same power to enforce or set aside such agreement, so far as the same may have been acted upon, as if such death or incapacity had not happened.

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(2)

The court, even if it deems the agreement to be in all respects fair and reasonable, may order the amount due in respect of the business done thereunder of the agreement to be ascertained by taxation.

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(3)

The Registrar in ascertaining such amount shall have regard, so far as may be, to the terms of the agreement.

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(4)

Payment of the amount found to be due may be enforced in the same manner as if the agreement had been completely performed by the solicitor.

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Clause 119

Change of solicitor after agreement

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(1)

If, after an agreement in pursuance of the provisions of section 115 of this Act has been made, the client changes his solicitor before the conclusion of the business to which such agreement relates, which he may do notwithstanding such agreement, the solicitor, party to such agreement, shall be deemed to have become incapable to act under the same within the meaning of this section.

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(2)

Upon any order being made for taxation of the amount due to such solicitor in respect of business done under such agreement, the court shall direct the Registrar to have regard to the circumstances under which such change of solicitor has taken place.

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(3)

Upon such taxation the solicitor shall not be deemed to be entitled to the full amount of the remuneration agreed to be paid to him unless it appears that there has been no default, negligence, improper delay or other conduct on his part affording reasonable ground to the client for such change of solicitor.

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Clause 120

Definition of “solicitor” in this Part

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In this Part of this Act the expression “solicitor” includes the executors, administrators and assignees of the solicitor in question.

Clause 121

Charging orders

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Any court in which a solicitor has been employed to prosecute or defend any suit, matter or proceeding may at any time declare the solicitor entitled to a charge on the property recovered or preserved through his instrumentality for his taxed costs in reference to that suit, matter or proceeding, and may make such orders for the taxation of the said costs and for raising money to pay, or for paying, the said costs out of the said property as it thinks fit, and all conveyance and acts done to defeat, or operating to defeat, that charge shall, except in the case of a conveyance to a bona fide purchaser for value without notice, be void as against the solicitor: Provided that no order shall be made if the right to recover the costs is barred by the Limitation Ordinance, 1959 (Ord. 57 of 1959).

Clause 122

Solicitor not to commence actions for fees until one month after delivery of bills

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(1)

Subject to the provisions of this Act, no solicitor, except by leave of the court, shall commence or maintain any action for the recovery of any costs due for any business done by him until the expiration of one month after he has delivered to the party to be charged therewith, or sent by post to, or left with him at his office or place of business, dwelling house or last known place of abode, a bill of such costs, which bill shall either be signed by such solicitor, or, in the case of a partnership, by any of the partners, either with his own name or with the name or style of such partnership, or by a solicitor employed by such solicitor or such partnership, or be enclosed in or accompanied by a letter, signed in the like manner, referring to such bill.

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(2)

Where a bill is proved to have been delivered in compliance with subsection (1) of this section it shall not be necessary in the first instance for the solicitor to prove the contents of the bill and it shall be presumed until the contrary is shown to be a bill bona fide complying with this Act.

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Clause 123

Court may authorise action for recovery of fees before expiration of one month after delivery of bills

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The court may authorise a solicitor to commence an action for the recovery of his costs and also refer his bill of costs for taxation by the Registrar, although one month has not expired from the delivery of the bill, upon proof to its satisfaction that any party chargeable therewith is about to quit Singapore, or to have a receiving order made against him, or to compound with his creditors or to take any other steps or do any other act which in its opinion would tend to defeat or delay such solicitor in obtaining payment.

Clause 124

Order for taxation of delivered bill of costs

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(1)

An order for the taxation of a bill of costs delivered by any solicitor may be obtained on a petition of course by the party chargeable therewith, or by any person liable to pay the same either to the party chargeable or to the solicitor, at any time within six months from the delivery of such bill, or, by the solicitor, after the expiration of one calendar month and within a year from such delivery.

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(2)

The order shall contain such directions and conditions as the court thinks proper, and any party aggrieved by any such order of course may apply by summons in chambers that the same may be amended or varied.

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Clause 125

Costs of order for taxation fixed at twenty-five dollars

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The costs of obtaining an order for taxation of costs, including the petition of course, order and service of order, but not including any court fees payable thereon or disbursements, if the same is obtained by the solicitor of the applicant, or by the solicitor, shall be the sum of twenty-five dollars.

Clause 126

Time limits for taxation of bills of costs

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(1)

After the expiration of six months from the delivery of a bill of costs, or after payment of the same, no order shall be made for taxation of a solicitor’s bill of costs, except upon notice to the solicitor and under special circumstances to be proved to the satisfaction of the court.

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(2)

No such order for taxation shall in any event be made after the expiry of one year from the delivery of the bill of costs.

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Clause 127

Petitions for taxation to contain a submission to pay

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All petitions by a party chargeable with or liable for a bill of costs shall, unless the same has been already paid, contain a submission by such party to pay the amount thereof to such solicitor when taxed.

Clause 128

Order for delivery of bill of costs to be obtained as of course

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(1)

An order for the delivery of a solicitor’s bill of costs, and for delivery up of any deeds, documents or other papers in the possession of such solicitor, subject to any lien which such solicitor may have, and for the taxation of such bill when delivered, may be obtained on a petition of course.

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(2)

Upon such petition being filed, the Registrar shall mark the order thereon forthwith, and draw up the order if necessary.

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(3)

Subject to the provisions of this section the court shall have the like jurisdiction as the High Court in England to make an order under subsection (1) of this section.

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Clause 129

Solicitor to deliver copy of bill of costs

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When application is made by a party other than the party chargeable, the court may order the solicitor to deliver to the party making the application a copy of the bill, upon payment of the costs of making such copy.

Clause 130

Preparation of bills as between solicitor and client

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Bills of costs for taxation as between solicitor and client shall be drawn in the manner provided by the Rules of the Supreme Court, and the taxation shall be governed by the said Rules.

Clause 131

Interest in respect of disbursements and advances

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The Registrar may allow interest, at such rate and from such time as he thinks just, on moneys disbursed by a solicitor for his client, and on moneys of the client in the hands of the solicitor and improperly retained by him.

Clause 132

Costs of taxation how to be borne

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(1)

In case any order for taxation is made upon the application of the party chargeable or liable, or of the solicitor, the costs of such order and taxation, except when the order has been made after the expiration of one year, shall be paid according to the event of such taxation —

(a)

if the bill when taxed is less by a sixth part than the bill delivered, then the solicitor shall pay such costs;

(b)

if the bill when taxed is not less by a sixth part, then the party chargeable or liable, if such application is made by him, or if he attends the taxation, shall pay such costs.

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(2)

Every order for such reference shall direct the Registrar to tax the costs of such reference, and to certify what, upon such reference, is found to be due to or from such solicitor in respect of such bill, and of the costs of such reference, if payable.

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(3)

The Registrar may certify specially any circumstances relating to such bill or taxation.

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(4)

The court may thereupon make any such order as it thinks right, respecting the payment of the costs of such taxation.

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(5)

Where such reference is made, when the same is not authorised except under special circumstances, the court may give any special directions relative to the costs of such reference.

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Clause 133

Costs of the Government

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Nothing in this Act shall affect the right, which is hereby declared, of the Government when represented by any of such persons as are mentioned in paragraph (a) of subsection (2) of section 35 of this Act to recover costs awarded to it in or respecting any cause or matter, and in any such cause or matter the costs of the Government shall be taxed in accordance with any rules in force for the time being for the taxation of the fees and costs of advocates and solicitors as if an advocate and solicitor of the High Court who is not in the service of the Government had appeared on behalf of the Government.

Clause 141

Interpretation and effect of this Part

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(1)

In this Part of this Act, unless the context otherwise requires —

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Definition

“Ordinance” means the Advocates and Solicitors Ordinance (Cap. 188);

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Definition

“former roll” means the roll of advocates and solicitors kept under section 3 of the Ordinance;

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Definition

“Bar Committee” shall have the meaning assigned to that expression in the Ordinance.

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(2)

The provisions of this Part of this Act shall have effect notwithstanding anything to the contrary in the other provisions of this Act.

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Clause 142

Nomination of members of the Board

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(1)

The respective authorities mentioned in section 6 of this Act shall nominate persons to be members of the Board in accordance with the provisions of that section within one month of the coming into operation of Part II of this Act.

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(2)

The terms of office of members of the Board other than the Attorney-General and the Dean of the Faculty shall commence on the day when the Board first meets for the despatch of business.

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Clause 143

Transfer of names to Roll

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(1)

The Registrar shall transfer to the Roll the names of all advocates and solicitors on the former roll with the dates of their respective admissions in order.

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(2)

In so transferring names the Registrar may omit the names of any person known to the Registrar to be deceased or not ordinarily resident in Singapore or Malaysia.

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(3)

Any person whose name is so omitted may apply to the Registrar and on such application the Registrar shall forthwith enter the applicant’s name upon the Roll.

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(4)

Every person whose name has been entered on the Roll under the provisions of this section shall be deemed to have been duly admitted under the provisions of this Act.

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(5)

The provisions of section 106 of this Act shall apply to any person whose name was removed from or struck off the former roll.

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Clause 144

Pending petitions for admission

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(1)

In this section the expression “pending petition” shall mean —

(a)

a petition filed pursuant to the provisions of subsection (2) of this section; or

(b)

a petition filed before the coming into operation of Part II of this Act in which no order for the admission of the petition has been made when Part II of this Act comes into operation.

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(2)

Any qualified person who is desirous of filing a petition for admission before the Board is constituted may do so under the provisions of the Ordinance notwithstanding its repeal.

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(3)

The provisions of sections 4 to 7 inclusive of the Ordinance shall subject to the provisions of this section apply to every pending petition.

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(4)

All references to the Bar Committee in sections 4 to 7 of the Ordinance shall between the date of the coming into operation of Part II of this Act and the constitution of the Board be read as references to the Society and thereafter shall be read as references to the Board.

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(5)

The provisions of sections 27 and 28 of this Act shall apply to every pending petition.

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(6)

If no order for the admission of a petitioner in a pending petition is made before the 31st day of December 1968, that pending petition shall be deemed to have lapsed.

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Clause 145

Practising certificates

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A certificate issued under the provisions of section 24 of the Ordinance on or after the 1st day of January 1966, shall subject to any provision in this Act relating to the suspension of practising certificates and notwithstanding any date endorsed thereon be deemed to be a practising certificate issued under the provisions of section 29 of this Act and shall be in force until the 31st day of March 1967.

Clause 146

First election to the Council

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(1)

The Bar Committee shall organise and conduct the first election of members of the Council and the provisions of subsection (3) of section 56 of this Act shall subject to the provisions of this section apply to such election.

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(2)

For the purposes of such election all references in this Act to the Council shall be deemed to be references to the Bar Committee who shall publish the notice referred to in paragraph (a) of subsection (3) of section 56 of this Act within one month of the date of the coming into operation of this section.

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(3)

The number of persons to be elected at such election shall be in accordance with the provisions of subsection (1) of section 54 of this Act.

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(4)

The persons entitled to vote at such election shall be —

(a)

for the election of members under paragraph (a) of subsection (1) of section 54 of this Act, every advocate and solicitor of not less than seven years’ standing who has in force a practising certificate on the day this section comes into operation; and

(b)

for the election of members under paragraph (b) of subsection (1) of section 54 of this Act, every advocate and solicitor of less than seven years’ standing who has in force a practising certificate on the day this section comes into operation.

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(5)

Every nomination of a candidate for such election —

(a)

shall be a person qualified to be a candidate under the provisions of section 54 of this Act;

(b)

shall be in writing signed by not less than five persons similarly qualified under the provisions of section 54 of this Act as the candidate nominated; and

(c)

shall name only one candidate and his consent shall be endorsed thereon.

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(6)

The persons elected in accordance with the provisions of this section shall together with the persons deemed to be statutory members under section 147 of this Act constitute the first Council of the Society, in this Part of this Act referred to as the “first Council”.

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(7)

The Bar Committee shall convene a meeting of the first Council to be held within fourteen days of the election held under the provisions of this section and at such meeting the first Council shall elect a President and Vice-President of the Society, and the Chairman of the Bar Committee shall thereupon certify to the Minister the names of the officers so elected and the names of members of the first Council.

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Clause 147

Temporary statutory members

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(1)

Every person who since the 1st day of January 1962, has held office as Chairman of the Bar Committee and every person appointed under subsection (2) of this section shall subject to the provisions of subsection (1) of section 62 of this Act and of this section be a statutory member of the Council.

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(2)

The Chief Justice may if he sees fit appoint such number of persons (not exceeding three) from amongst persons eligible to be elected to the Council to be statutory members of the Council and each person so appointed shall be a member of the Council until the 31st day of December next after his appointment and shall subject to the provisions of this section be eligible for re-appointment.

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(3)

The provisions of this section shall cease to have effect after the 31st day of December 1970.

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Clause 148

Terms of office of the first Council and members

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(1)

The first Council shall hold office from the day on which Part V of this Act comes into operation until the 31st day of December 1967.

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(2)

Subject to the provisions of subsection (3) of sections 54 and 59 of this Act five of the elected members of the first Council chosen by lot shall hold office as members of the Council until the 31st day of December 1967, and the other five elected members shall hold office as members of the Council until the 31st day of December 1968.

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Clause 149

Vesting of property in Society

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(1)

All property and assets of the Bar Committee shall upon the coming into operation of Part V of this Act be vested in the Society without further act or formality.

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(2)

All property and assets of the Compensation Fund maintained and administered by the Bar Committee under section 41D of the Ordinance shall upon the coming into operation of Part V of this Act vest in the Society without further act or formality and shall be carried into the credit of the Compensation Fund established under section 78 of this Act.

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Clause 150

Annual general meeting for 1967

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The annual general meeting to be held in 1967 under the provisions of section 71 of this Act shall notwithstanding the provisions of that section be held within three months of the first meeting of the first Council and the first Council shall include in the report and accounts required to be presented under that section —

(a)

a report on the activities of the Bar Committee; and

(b)

proper accounts, duly audited, of all funds, property and assets of the Bar Committee,from the last meeting of the advocates and solicitors resident and practising in Singapore held under section 37 of the Ordinance to the date of the coming into operation of Part V of this Act.

Clause 151

Pending disciplinary matters

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(1)

Any applications and complaints made under sections 25 and 34 of the Ordinance and any proceedings before a Disciplinary Committee appointed under section 41 of the Ordinance or before the court under section 29 of the Ordinance shall proceed as though the applications or complaints were made or the proceedings commenced under the provisions of this Act and for the purposes of this section any Disciplinary Committee appointed under the provisions of the Ordinance shall be deemed to be a Disciplinary Committee appointed under the provisions of this Act.

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(2)

The provisions of this Act shall as nearly as may be, apply to all such applications, complaints and proceedings and in the event of any doubt or difficulty application shall be made by way of originating summons to a judge for directions and any order made by a judge under the provisions of this section shall not be the subject of appeal and shall for all purposes be deemed to be a provision of this Act.

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Clause 152

Temporary provision as to appointment of Inquiry Committee

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Notwithstanding the provisions of section 88 of this Act, the Council may for a period of ten years from the date of the coming into operation of this Act appoint former members of the Bar Committee to be members of the Inquiry Committee.

Clause 153

Managing clerks—preservation of rights

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(1)

Any bona fide managing clerk who was allowed by the court under the provisions of section 45 of the Ordinance to appear before the Registrar may continue to do so notwithstanding the repeal of the Ordinance.

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(2)

The provisions of section 45 of the Ordinance shall, notwithstanding the repeal of the Ordinance, apply to every such managing clerk.

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Common questions

What is Legal Profession Bill?
Legal Profession Bill is Singapore Bill, cited as Bill 57 1966, currently marked in force and first recorded in 1966.
Is Legal Profession Bill still in force?
Yes — Legal Profession Bill is currently in force.
When did Legal Profession Bill take effect?
Legal Profession Bill was first recorded in 1966.
How many clauses does Legal Profession Bill have?
Legal Profession Bill contains 154 clauses.
Where can I read the official version of Legal Profession Bill?
The official text of Legal Profession Bill is published at sso.agc.gov.sg.