Regulation 1
Citation and commencement
Amended byS 696/2018 wef 01/11/2018
These Rules may be cited as the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014 and shall come into operation on 1 January 2015.
/akn/sg/act/sub_leg/1966/LPA-S851-2014
Legal Profession (Representation in Singapore International Commercial Court) Rules 2014
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- Type
- Subsidiary Legislation
- Status
- In force
- Enacted
- 1966
- Sections
- 51
Quick answer
About this subsidiary legislation
Legal Profession (Representation in Singapore International Commercial Court) Rules 2014 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation LPA-S851-2014 1966, currently marked in force and first recorded in 1966.
Part 1
PRELIMINARY
Regulation 2
Definitions
Amended byS 755/2022 wef 01/10/2022S 218/2022 wef 01/04/2022S 696/2018 wef 01/11/2018S 218/2022 wef 01/04/2022S 696/2018 wef 01/11/2018
In these Rules, unless the context otherwise requires —“appellate court” has the meaning given by section 36O(1) of the Act;“Code of Ethics” means the Code of Ethics set out in the First Schedule;“conducting solicitor” means a solicitor appointed under section 36Q(7) or 36S(9)(c) or (10)(b) of the Act to conduct proceedings before a complaints committee;“foreign registration authority” means a foreign authority having the function conferred by law of authorising or registering persons to practise law in a state or territory other than Singapore;“Form” means a form set out, and so numbered, in the Second Schedule;“full registration” means full registration under section 36P of the Act;“offshore case” has the same meaning as in Order 3 of the Singapore International Commercial Court Rules 2021 (G.N. No. S 924/2021);“pertinent proceedings” means any relevant proceedings under rule 3(2)(e) that are not also relevant proceedings under rule 3(2)(b), (c) or (d);“preliminary proceedings” means any proceedings that are preliminary to any relevant appeal or relevant proceedings, as the case may be;“registered foreign lawyer” means a foreign lawyer registered under section 36P of the Act, and includes, for the purposes of rule 38(2), a foreign lawyer whose registration under section 36P of the Act is cancelled or suspended, or lapses, after the commencement of proceedings under section 36S of the Act against the foreign lawyer;“registered law expert” means a law expert registered under section 36PA of the Act, and includes, for the purposes of rule 38(2), a law expert whose registration under section 36PA of the Act is cancelled or suspended, or lapses, after the commencement of proceedings under section 36S of the Act against the law expert;“relevant appeal” and “relevant proceedings” have the same meanings as in section 36O(1) of the Act;“restricted registration” means restricted registration under section 36P of the Act;“Secretariat” means the Secretariat established by the Supreme Court to provide administrative support to a complaints committee;“secretary” means the secretary of a complaints committee appointed by the Chief Justice under section 36S(7) of the Act;“Singapore International Commercial Court” has the same meaning as in section 36O(1) of the Act.
Definition
“appellate court” has the meaning given by section 36O(1) of the Act;
Amended byS 755/2022 wef 01/10/2022
Definition
“Code of Ethics” means the Code of Ethics set out in the First Schedule;
Definition
“conducting solicitor” means a solicitor appointed under section 36Q(7) or 36S(9)(c) or (10)(b) of the Act to conduct proceedings before a complaints committee;
Definition
“foreign registration authority” means a foreign authority having the function conferred by law of authorising or registering persons to practise law in a state or territory other than Singapore;
Definition
“full registration” means full registration under section 36P of the Act;
Definition
“offshore case” has the same meaning as in Order 3 of the Singapore International Commercial Court Rules 2021 (G.N. No. S 924/2021);
Amended byS 218/2022 wef 01/04/2022
Definition
“pertinent proceedings” means any relevant proceedings under rule 3(2)(e) that are not also relevant proceedings under rule 3(2)(b), (c) or (d);
Amended byS 696/2018 wef 01/11/2018
Definition
“preliminary proceedings” means any proceedings that are preliminary to any relevant appeal or relevant proceedings, as the case may be;
Amended byS 218/2022 wef 01/04/2022
Definition
“registered foreign lawyer” means a foreign lawyer registered under section 36P of the Act, and includes, for the purposes of rule 38(2), a foreign lawyer whose registration under section 36P of the Act is cancelled or suspended, or lapses, after the commencement of proceedings under section 36S of the Act against the foreign lawyer;
Definition
“registered law expert” means a law expert registered under section 36PA of the Act, and includes, for the purposes of rule 38(2), a law expert whose registration under section 36PA of the Act is cancelled or suspended, or lapses, after the commencement of proceedings under section 36S of the Act against the law expert;
Amended byS 696/2018 wef 01/11/2018
Definition
“relevant appeal” and “relevant proceedings” have the same meanings as in section 36O(1) of the Act;
Definition
“restricted registration” means restricted registration under section 36P of the Act;
Definition
“Secretariat” means the Secretariat established by the Supreme Court to provide administrative support to a complaints committee;
Definition
“secretary” means the secretary of a complaints committee appointed by the Chief Justice under section 36S(7) of the Act;
Definition
“Singapore International Commercial Court” has the same meaning as in section 36O(1) of the Act.
Regulation 3
Definitions of “relevant appeal” and “relevant proceedings” in section 36O(1) of Act
Amended byS 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022S 218/2022 wef 01/04/2022S 277/2015 wef 15/05/2015S 691/2015 wef 18/11/2015S 218/2022 wef 01/04/2022S 755/2022 wef 01/10/2022S 696/2018 wef 01/11/2018S 755/2022 wef 01/10/2022S 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022S 218/2022 wef 01/04/2022S 277/2015 wef 15/05/2015S 691/2015 wef 18/11/2015S 696/2018 wef 01/11/2018S 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022
Subregulation 1
Amended byS 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022
For the purposes of the definition of “relevant appeal” in section 36O(1) of the Act, a relevant appeal is any appeal to the appellate court from any judgment given or order made by the Singapore International Commercial Court in any relevant proceedings.
Subregulation 2
Amended byS 218/2022 wef 01/04/2022S 277/2015 wef 15/05/2015S 691/2015 wef 18/11/2015S 218/2022 wef 01/04/2022S 755/2022 wef 01/10/2022S 696/2018 wef 01/11/2018S 755/2022 wef 01/10/2022S 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022S 218/2022 wef 01/04/2022S 277/2015 wef 15/05/2015S 691/2015 wef 18/11/2015S 696/2018 wef 01/11/2018S 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022
For the purposes of the definition of “relevant proceedings” in section 36O(1) of the Act, the following proceedings in the Singapore International Commercial Court are relevant proceedings:
(a)
[Deleted by S 696/2018 wef 01/11/2018](b)an offshore case;
(c)
an action —
(i)
which was treated pursuant to Order 3 of the Singapore International Commercial Court Rules 2021 as an offshore case, but which the Singapore International Commercial Court has decided is not, or is no longer an offshore case; and
(ii)
in which the Singapore International Commercial Court has allowed, under Order 3, Rule 7(4)(b) of the Singapore International Commercial Court Rules 2021, a party to continue to be represented by a registered foreign lawyer or by a solicitor registered under section 36E of the Act;
(ca)any proceedings mentioned in section 18D(2)(c) of the Supreme Court of Judicature Act 1969;
(d)
an application under Order 25 of the Singapore International Commercial Court Rules 2021 to punish for —
(i)
contempt of the Singapore International Commercial Court committed in connection with any proceedings referred to in sub-paragraph (b), (c) or (ca); or
(ii)
contempt of the appellate court committed in connection with any appeal to the appellate court from any judgment given or order made by the Singapore International Commercial Court in any proceedings referred to in sub-paragraph (b), (c) or (ca);
(e)
an action in respect of which the Singapore International Commercial Court or the appellate court has made —
(i)
an order that a question of foreign law be determined on the basis of submissions instead of proof; and
(ii)
an order permitting a named registered foreign lawyer, a named registered law expert, or a named solicitor registered under section 36E of the Act, to make submissions on the question of foreign law on behalf of a party.
Regulation 3A
Relevant appeal, relevant proceedings and preliminary proceedings prescribed for purpose of section 36P(1A) of Act
Amended byS 755/2022 wef 01/10/2022
Subregulation 1
For the purpose of section 36P(1A) of the Act, a prescribed relevant appeal is any relevant appeal to the appellate court from any judgment given or order made by the Singapore International Commercial Court in any relevant proceedings prescribed in paragraph (2).
Subregulation 2
The following relevant proceedings in the Singapore International Commercial Court are prescribed for the purpose of section 36P(1A) of the Act:
(a)
any proceedings mentioned in section 18D(2)(c) of the Supreme Court of Judicature Act 1969;
(b)
an application under Order 25 of the Singapore International Commercial Court Rules 2021 to punish for —
(i)
contempt of the Singapore International Commercial Court committed in connection with any relevant proceedings mentioned in sub-paragraph (a); or
(ii)
contempt of the appellate court committed in connection with any appeal to the appellate court from any judgment given or order made by the Singapore International Commercial Court in any relevant proceedings mentioned in sub-paragraph (a).
Subregulation 3
Amended byS 755/2022 wef 01/10/2022
The following preliminary proceedings are prescribed for the purpose of section 36P(1A) of the Act:
(a)
any proceedings that are preliminary to any relevant appeal prescribed in paragraph (1);
(b)
any proceedings that are preliminary to any relevant proceedings prescribed in paragraph (2).
Regulation 3B
Prescribed factors for representation by foreign lawyer granted full registration in certain prescribed proceedings
Amended byS 755/2022 wef 01/10/2022
The following factors are prescribed for the purpose of section 36P(1B) of the Act:
(a)
the nature of the factual and legal issues involved in the relevant appeal, relevant proceedings or preliminary proceedings prescribed in rule 3A(1), (2) or (3) (as the case may be) (called in this rule the relevant proceedings);
(b)
the role of the foreign lawyer granted full registration in the relevant proceedings;
(c)
the extent of the international elements involved in the relevant proceedings, including —
(i)
the amount of assets or properties in one or more foreign countries;
(ii)
the obligations and liabilities that are governed by the laws of one or more foreign countries; and
(iii)
the governing law of the underlying agreement.
Part 2
REGISTRATION OF FOREIGN LAWYER UNDER SECTION 36P OF ACT
Regulation 4
Qualifications and requirements for registration and renewal of registration
Amended byS 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022S 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022S 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022S 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022
Subregulation 1
Amended byS 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022
For the purposes of section 36P(3) of the Act, an application may be made for a foreign lawyer to be granted full registration if —
(a)
at the time the application is made, the foreign lawyer is duly authorised or registered to practise law in a foreign jurisdiction by a foreign registration authority of that jurisdiction;
(b)
the foreign lawyer has at least 5 years’ experience in advocacy before any court or tribunal;
(c)
the foreign lawyer is sufficiently proficient in the English language to conduct any relevant proceedings or relevant appeal;
(d)
the foreign lawyer has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction; and
(e)
the foreign lawyer gives an undertaking that if the Singapore International Commercial Court or the appellate court makes an order permitting the foreign lawyer to make submissions on a question of foreign law in, and on behalf of a party to, any pertinent proceedings or any relevant appeal from any judgment given or order made in those proceedings, the foreign lawyer will appear, and give advice and prepare documents, in those proceedings or in that appeal, solely for the purposes of making submissions on that question of foreign law.
Subregulation 2
Amended byS 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022
For the purposes of section 36P(3) of the Act, an application may be made for a foreign lawyer to be granted restricted registration if —
(a)
the foreign lawyer is sufficiently proficient in the English language to conduct any relevant proceedings or relevant appeal;
(b)
the foreign lawyer has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction;
(c)
there is an order of the Singapore International Commercial Court or the appellate court permitting the foreign lawyer to make submissions, in any relevant proceedings under rule 3(2)(e) or in any relevant appeal from any judgment given or order made in those proceedings, on a question of foreign law on behalf of a party to those proceedings or that appeal; and
(d)
the foreign lawyer undertakes to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law.
Subregulation 3
Amended byS 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022
An application may be made for the renewal of the full registration of a foreign lawyer if —
(a)
at the time the application is made, the foreign lawyer is duly authorised or registered to practise law in a foreign jurisdiction by a foreign registration authority of that jurisdiction;
(b)
the foreign lawyer has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction; and
(c)
the foreign lawyer gives an undertaking that if the Singapore International Commercial Court or the appellate court makes an order permitting the foreign lawyer to make submissions on a question of foreign law in, and on behalf of a party to, any pertinent proceedings or any relevant appeal from any judgment given or order made in those proceedings, the foreign lawyer will appear, and give advice and prepare documents, in those proceedings or in that appeal, solely for the purposes of making submissions on that question of foreign law.
Subregulation 4
Amended byS 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022
An application may be made for the renewal of the restricted registration of a foreign lawyer if —
(a)
the foreign lawyer has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction;
(b)
there is an order of the Singapore International Commercial Court or the appellate court permitting the foreign lawyer to make submissions on a question of foreign law in, and on behalf of a party to —
(i)
any pending relevant proceedings under rule 3(2)(e); or
(ii)
any pending relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e); and
(c)
the foreign lawyer undertakes to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law.
Regulation 5
Application for full registration
Amended byS 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022
Subregulation 1
An application to the Registrar for a foreign lawyer to be granted full registration must —
(a)
contain the following particulars of the foreign lawyer:
(i)
the foreign lawyer’s name, nationality and designation;
(ii)
the name of the law practice (if any) in which the foreign lawyer practises, and the jurisdiction in which that law practice provides legal services;
(iii)
the address of —
(A)
the foreign lawyer’s place of business in Singapore, if any; or
(B)
the foreign lawyer’s overseas place of business, if the foreign lawyer has no place of business in Singapore;
(iv)
the electronic mail address of the foreign lawyer;
(b)
state that the foreign lawyer agrees that —
(i)
any letter, notice or document may be served on the foreign lawyer by the secretary, the Secretariat or any other person —
(A)
in accordance with rule 27(1)(b) or (c), at that address or any other address provided under rule 12(4) in place of that address; or
(B)
in accordance with rule 27(1)(e), at that electronic mail address or any other electronic mail address provided under rule 12(4) in place of that electronic mail address; and
(ii)
such service is to be treated as good and sufficient service of the letter, notice or document on the foreign lawyer;
(c)
be made in Form 1; and
(d)
be accompanied by the appropriate non-refundable fee specified in the Third Schedule.
Subregulation 2
Amended byS 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022
The application must be supported by an affidavit of the foreign lawyer which —
(a)
confirms the particulars of the foreign lawyer referred to in paragraph (1)(a);
(b)
states that the foreign lawyer has at least 5 years’ experience in advocacy before any court or tribunal;
(c)
exhibits a document setting out the foreign lawyer’s experience in advocacy;
(d)
states that the foreign lawyer is sufficiently proficient in the English language to conduct any relevant proceedings or relevant appeal;
(e)
states that the foreign lawyer has read and understood, and agrees to abide by, the Code of Ethics;
(f)
states the jurisdictions in which the foreign lawyer is duly authorised or registered to practise law;
(g)
exhibits a certificate issued, not earlier than 6 months before the date on which the application is made, by a foreign registration authority of the jurisdiction in which the foreign lawyer is based, or the jurisdiction the law of which the foreign lawyer most frequently practises, attesting to the good standing of the foreign lawyer;
(h)
states that the foreign lawyer has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction; and
(i)
exhibits an undertaking by the foreign lawyer that if the Singapore International Commercial Court or the appellate court makes an order permitting the foreign lawyer to make submissions on a question of foreign law in, and on behalf of a party to, any pertinent proceedings or any relevant appeal from any judgment given or order made in those proceedings, the foreign lawyer will appear, and give advice and prepare documents, in those proceedings or in that appeal, solely for the purposes of making submissions on that question of foreign law.
Regulation 6
Application for restricted registration
Amended byS 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018S 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022
Subregulation 1
An application to the Registrar for a foreign lawyer to be granted restricted registration must —
(a)
contain the following particulars of the foreign lawyer:
(i)
the foreign lawyer’s name, nationality and designation;
(ii)
the name of the law practice (if any) in which the foreign lawyer practises, and the jurisdiction in which that law practice provides legal services;
(iii)
the address of —
(A)
the foreign lawyer’s place of business in Singapore, if any; or
(B)
the foreign lawyer’s overseas place of business, if the foreign lawyer has no place of business in Singapore;
(iv)
the electronic mail address of the foreign lawyer;
(b)
state that the foreign lawyer agrees that —
(i)
any letter, notice or document may be served on the foreign lawyer by the secretary, the Secretariat or any other person —
(A)
in accordance with rule 27(1)(b) or (c), at that address or any other address provided under rule 12(4) in place of that address; or
(B)
in accordance with rule 27(1)(e), at that electronic mail address or any other electronic mail address provided under rule 12(4) in place of that electronic mail address; and
(ii)
such service is to be treated as good and sufficient service of the letter, notice or document on the foreign lawyer;
(c)
be made in Form 2; and
(d)
be accompanied by the appropriate non-refundable fee specified in the Third Schedule.
Subregulation 2
Amended byS 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018S 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022
The application must be supported by an affidavit of the foreign lawyer which —
(a)
confirms the particulars of the foreign lawyer referred to in paragraph (1)(a);
(b)
states that the foreign lawyer is sufficiently proficient in the English language to conduct any relevant proceedings or relevant appeal;
(c)
states that the foreign lawyer has read and understood, and agrees to abide by, the Code of Ethics;
(d)
states the jurisdictions in which the foreign lawyer is duly authorised or registered to practise law;
(e)
exhibits a certificate issued, not earlier than 6 months before the date on which the application is made, by a foreign registration authority of the jurisdiction in which the foreign lawyer is based, or the jurisdiction the law of which the foreign lawyer most frequently practises, attesting to the good standing of the foreign lawyer;
(f)
states that the foreign lawyer has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction;
(g)
exhibits a copy of an order of the Singapore International Commercial Court or the appellate court permitting the foreign lawyer to make submissions on a question of foreign law in, and on behalf of a party to —
(i)
any relevant proceedings under rule 3(2)(e); or
(ii)
any relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e);
(h)
exhibits a document setting out the foreign lawyer’s qualifications and experience in relation to that question of foreign law; and
(i)
exhibits an undertaking by the foreign lawyer to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law.
Regulation 7
Application for renewal of full registration
Amended byS 696/2018 wef 01/11/2018S 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022
Subregulation 1
An application to the Registrar for the renewal of the full registration of a foreign lawyer must —
(a)
contain the following particulars of the foreign lawyer:
(i)
the foreign lawyer’s name, nationality and designation;
(ii)
the name of the law practice (if any) in which the foreign lawyer practises, and the jurisdiction in which that law practice provides legal services;
(iii)
the address of —
(A)
the foreign lawyer’s place of business in Singapore, if any; or
(B)
the foreign lawyer’s overseas place of business, if the foreign lawyer has no place of business in Singapore;
(iv)
the electronic mail address of the foreign lawyer;
(b)
state that the foreign lawyer agrees that —
(i)
any letter, notice or document may be served on the foreign lawyer by the secretary, the Secretariat or any other person —
(A)
in accordance with rule 27(1)(b) or (c), at that address or any other address provided under rule 12(4) in place of that address; or
(B)
in accordance with rule 27(1)(e), at that electronic mail address or any other electronic mail address provided under rule 12(4) in place of that electronic mail address; and
(ii)
such service is to be treated as good and sufficient service of the letter, notice or document on the foreign lawyer;
(c)
be made in Form 3; and
(d)
be accompanied by the appropriate non-refundable fee specified in the Third Schedule.
Subregulation 2
Amended byS 696/2018 wef 01/11/2018S 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022
The application must be supported by an affidavit of the foreign lawyer which —
(a)
confirms the particulars of the foreign lawyer referred to in paragraph (1)(a);
(b)
states any changes to any information provided in support of the foreign lawyer’s last application under rule 5(1) or paragraph (1);
(c)
states that the foreign lawyer has read and understood, and agrees to abide by, the Code of Ethics;
(d)
exhibits a certificate issued, not earlier than 6 months before the date on which the application is made, by a foreign registration authority of the jurisdiction in which the foreign lawyer is based, or the jurisdiction the law of which the foreign lawyer most frequently practises, attesting to the good standing of the foreign lawyer;
(e)
states that the foreign lawyer has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction;
(f)
states whether the registration of the foreign lawyer that is the subject of the application, any earlier full registration or restricted registration of the foreign lawyer under section 36P of the Act, or any earlier registration of the foreign lawyer as a law expert under section 36PA of the Act, has been cancelled or suspended and, if so, the details of and circumstances relating to the cancellation or suspension; and
(g)
exhibits an undertaking by the foreign lawyer that if the Singapore International Commercial Court or the appellate court makes an order permitting the foreign lawyer to make submissions on a question of foreign law in, and on behalf of a party to, any pertinent proceedings or any relevant appeal from any judgment given or order made in those proceedings, the foreign lawyer will appear, and give advice and prepare documents, in those proceedings or in that appeal, solely for the purposes of making submissions on that question of foreign law.
Regulation 8
Application for renewal of restricted registration
Amended byS 696/2018 wef 01/11/2018S 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022
Subregulation 1
An application to the Registrar for the renewal of the restricted registration of a foreign lawyer must —
(a)
contain the following particulars of the foreign lawyer:
(i)
the foreign lawyer’s name, nationality and designation;
(ii)
the name of the law practice (if any) in which the foreign lawyer practises, and the jurisdiction in which that law practice provides legal services;
(iii)
the address of —
(A)
the foreign lawyer’s place of business in Singapore, if any; or
(B)
the foreign lawyer’s overseas place of business, if the foreign lawyer has no place of business in Singapore;
(iv)
the electronic mail address of the foreign lawyer;
(b)
state that the foreign lawyer agrees that —
(i)
any letter, notice or document may be served on the foreign lawyer by the secretary, the Secretariat or any other person —
(A)
in accordance with rule 27(1)(b) or (c), at that address or any other address provided under rule 12(4) in place of that address; or
(B)
in accordance with rule 27(1)(e), at that electronic mail address or any other electronic mail address provided under rule 12(4) in place of that electronic mail address; and
(ii)
such service is to be treated as good and sufficient service of the letter, notice or document on the foreign lawyer;
(c)
be made in Form 4; and
(d)
be accompanied by the appropriate non-refundable fee specified in the Third Schedule.
Subregulation 2
Amended byS 696/2018 wef 01/11/2018S 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022
The application must be supported by an affidavit of the foreign lawyer which —
(a)
confirms the particulars of the foreign lawyer referred to in paragraph (1)(a);
(b)
states any changes to any information provided in support of the foreign lawyer’s last application under rule 6(1) or paragraph (1);
(c)
states that the foreign lawyer has read and understood, and agrees to abide by, the Code of Ethics;
(d)
exhibits a certificate issued, not earlier than 6 months before the date on which the application is made, by a foreign registration authority of the jurisdiction in which the foreign lawyer is based, or the jurisdiction the law of which the foreign lawyer most frequently practises, attesting to the good standing of the foreign lawyer;
(e)
states that the foreign lawyer has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the foreign lawyer’s capacity as a legal practitioner by whatever name called in any jurisdiction;
(f)
states whether the registration of the foreign lawyer that is the subject of the application, any earlier full registration or restricted registration of the foreign lawyer under section 36P of the Act, or any earlier registration of the foreign lawyer as a law expert under section 36PA of the Act, has been cancelled or suspended and, if so, the details of and circumstances relating to the cancellation or suspension;
(g)
exhibits a copy of an order of the Singapore International Commercial Court or the appellate court permitting the foreign lawyer to make submissions on a question of foreign law in, and on behalf of a party to —
(i)
any pending relevant proceedings under rule 3(2)(e); or
(ii)
any pending relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e);
(h)
exhibits a document setting out the foreign lawyer’s qualifications and experience in relation to that question of foreign law; and
(i)
exhibits an undertaking by the foreign lawyer to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law.
Regulation 9
Registrar may grant or refuse application
Subregulation 1
The Registrar may grant or refuse an application made under rule 5(1), 6(1), 7(1) or 8(1) in respect of a foreign lawyer.
Subregulation 2
The Registrar must, within 14 days after the later of the date on which the application is made or the date on which all information required to process the application is submitted to the Registrar —
(a)
inform the foreign lawyer whether the Registrar has granted the application; and
(b)
if the Registrar has not granted the application, invite the foreign lawyer to submit on why the application should be granted.
Subregulation 3
The Registrar must, before refusing the application, give the foreign lawyer a reasonable opportunity to be heard by the Registrar.
Subregulation 4
The decision of the Registrar to grant or refuse the application is final.
Regulation 10
Period of validity or renewal of registration
Subregulation 1
Every registration under section 36P of the Act is valid for one year, unless the registration is sooner cancelled or suspended under section 36P(7) or (9) or 36U of the Act.
Subregulation 2
Every renewal of a registration under section 36P of the Act is for one year, unless the registration is sooner cancelled or suspended under section 36P(7) or (9) or 36U of the Act.
Regulation 11
Certificate of registration
Subregulation 1
Subject to paragraph (3), if an application under rule 5(1) or 6(1) is granted, the Registrar may issue a certificate of registration for the period of validity of the full registration or restricted registration (as the case may be).
Subregulation 2
Subject to paragraph (3), if an application under rule 7(1) or 8(1) is approved, the Registrar may issue a certificate of registration for the period of the renewal of the full registration or restricted registration (as the case may be).
Subregulation 3
The Registrar may, on application by a registered foreign lawyer and on payment of the appropriate non-refundable fee (if any) specified in the Third Schedule —
(a)
issue the foreign lawyer a certificate of registration;
(b)
amend the foreign lawyer’s certificate of registration; or
(c)
issue a certified true copy of the foreign lawyer’s certificate of registration.
Subregulation 4
When a foreign lawyer’s full registration or restricted registration is cancelled under section 36P(7) or (9) or 36U of the Act, the foreign lawyer’s certificate of registration shall cease to be in force.
Regulation 12
Registers of registered foreign lawyers
Subregulation 1
The Registrar is to maintain, in such form and manner as the Registrar thinks fit —
(a)
a register of every foreign lawyer who is granted full registration; and
(b)
a register of every foreign lawyer who is granted restricted registration.
Subregulation 2
Upon the grant of full registration to a foreign lawyer, the Registrar is to enter in the register under paragraph (1)(a) the following particulars of the foreign lawyer:
(a)
the foreign lawyer’s name, nationality and designation;
(b)
the name of the law practice (if any) in which the foreign lawyer practises, and the jurisdiction in which that law practice provides legal services;
(c)
the address of —
(i)
the foreign lawyer’s place of business in Singapore, if any; or
(ii)
the foreign lawyer’s overseas place of business, if the foreign lawyer has no place of business in Singapore;
(d)
the electronic mail address of the foreign lawyer.
Subregulation 3
Upon the grant of restricted registration to a foreign lawyer, the Registrar is to enter in the register under paragraph (1)(b) the following particulars of the foreign lawyer:
(a)
the foreign lawyer’s name, nationality and designation;
(b)
the name of the law practice (if any) in which the foreign lawyer practises, and the jurisdiction in which that law practice provides legal services;
(c)
the address of —
(i)
the foreign lawyer’s place of business in Singapore, if any; or
(ii)
the foreign lawyer’s overseas place of business, if the foreign lawyer has no place of business in Singapore;
(d)
the electronic mail address of the foreign lawyer.
Subregulation 4
A registered foreign lawyer must, within 7 days after there is any change to any particulars of the foreign lawyer provided in an application under rule 5(1), 6(1), 7(1) or 8(1), notify the Registrar in writing of the change.
Subregulation 5
If a foreign lawyer fails to comply with paragraph (4), the Registrar may take into account the failure when deciding whether to grant or refuse a later application under rule 5(1), 6(1), 7(1) or 8(1) in respect of the foreign lawyer.
Subregulation 6
The Registrar may do any of the following in relation to the register under paragraph (1)(a) or the register under paragraph (1)(b):
(a)
correct any error in the register;
(b)
make any necessary alteration to the register as a result of any change in circumstances or particulars;
(c)
upon the request of a registered foreign lawyer, remove the name of that foreign lawyer from the register.
Subregulation 7
The Registrar may make any information in the register under paragraph (1)(a) or the register under paragraph (1)(b) available to any person in such form and manner as the Registrar thinks fit.
Part 2A
REGISTRATION OF LAW EXPERT UNDER SECTION 36PA OF ACT
Regulation 12A
Qualifications and requirements for registration and renewal of registration
Amended byS 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022S 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022S 696/2018 wef 01/11/2018
Subregulation 1
Amended byS 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022
For the purposes of section 36PA(2) of the Act, an application may be made for a law expert to be registered if —
(a)
at the time the application is made, the law expert is not a foreign lawyer;
(b)
the law expert is sufficiently proficient in the English language to conduct any relevant proceedings or relevant appeal;
(c)
the law expert has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the capacity of a legal practitioner by whatever name called in any jurisdiction;
(d)
there is an order of the Singapore International Commercial Court or the appellate court permitting the law expert to make submissions, in any relevant proceedings under rule 3(2)(e) or in any relevant appeal from any judgment given or order made in those proceedings, on a question of foreign law on behalf of a party to those proceedings or that appeal; and
(e)
the law expert undertakes to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law.
Subregulation 2
Amended byS 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022S 696/2018 wef 01/11/2018
An application may be made for the renewal of the registration of a law expert if —
(a)
the law expert has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the capacity of a legal practitioner by whatever name called in any jurisdiction;
(b)
there is an order of the Singapore International Commercial Court or the appellate court permitting the law expert to make submissions on a question of foreign law in, and on behalf of a party to —
(i)
any pending relevant proceedings under rule 3(2)(e); or
(ii)
any pending relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e); and
(c)
the law expert undertakes to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law.
Regulation 12B
Application for registration as law expert
Amended byS 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022S 696/2018 wef 01/11/2018
Subregulation 1
An application to the Registrar for a law expert to be registered must —
(a)
contain the following particulars of the law expert:
(i)
the law expert’s name, nationality and designation;
(ii)
the name of the law practice (if any) that employs or is affiliated with the law expert, and the jurisdiction in which that law practice provides legal services;
(iii)
the name of any other institution or organisation that employs or is affiliated with the law expert;
(iv)
the address of —
(A)
the law expert’s place of business in Singapore, if any; or
(B)
the law expert’s overseas place of business, if the law expert has no place of business in Singapore;
(v)
the electronic mail address of the law expert;
(b)
state that the law expert agrees that —
(i)
any letter, notice or document may be served on the law expert by the secretary, the Secretariat or any other person —
(A)
in accordance with rule 27(1)(b) or (c), at that address or any other address provided under rule 12G(3) in place of that address; or
(B)
in accordance with rule 27(1)(e), at that electronic mail address or any other electronic mail address provided under rule 12G(3) in place of that electronic mail address; and
(ii)
such service is to be treated as good and sufficient service of the letter, notice or document on the law expert;
(c)
be made in Form 4A; and
(d)
be accompanied by the appropriate non‑refundable fee specified in the Third Schedule.
Subregulation 2
Amended byS 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022S 696/2018 wef 01/11/2018
The application must be supported by an affidavit of the law expert that —
(a)
confirms the particulars of the law expert mentioned in paragraph (1)(a);
(b)
states that the law expert is sufficiently proficient in the English language to conduct any relevant proceedings or relevant appeal;
(c)
states that the law expert has read and understood, and agrees to abide by, the Code of Ethics;
(d)
states that the law expert is not a foreign lawyer;
(e)
states that the law expert has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the capacity of a legal practitioner by whatever name called in any jurisdiction;
(f)
exhibits a copy of an order of the Singapore International Commercial Court or the appellate court permitting the law expert to make submissions on a question of foreign law in, and on behalf of a party to —
(i)
any relevant proceedings under rule 3(2)(e); or
(ii)
any relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e);
(g)
exhibits a document setting out the law expert’s qualifications and experience in relation to that question of foreign law; and
(h)
exhibits an undertaking by the law expert to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law.
Regulation 12C
Application for renewal of registration of law expert
Amended byS 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022S 696/2018 wef 01/11/2018
Subregulation 1
An application to the Registrar for the renewal of the registration of a law expert must —
(a)
contain the following particulars of the law expert:
(i)
the law expert’s name, nationality and designation;
(ii)
the name of the law practice (if any) that employs or is affiliated with the law expert, and the jurisdiction in which that law practice provides legal services;
(iii)
the name of any other institution or organisation that employs or is affiliated with the law expert;
(iv)
the address of —
(A)
the law expert’s place of business in Singapore, if any; or
(B)
the law expert’s overseas place of business, if the law expert has no place of business in Singapore;
(v)
the electronic mail address of the law expert;
(b)
state that the law expert agrees that —
(i)
any letter, notice or document may be served on the law expert by the secretary, the Secretariat or any other person —
(A)
in accordance with rule 27(1)(b) or (c), at that address or any other address provided under rule 12G(3) in place of that address; or
(B)
in accordance with rule 27(1)(e), at that electronic mail address or any other electronic mail address provided under rule 12G(3) in place of that electronic mail address; and
(ii)
such service is to be treated as good and sufficient service of the letter, notice or document on the law expert;
(c)
be made in Form 4B; and
(d)
be accompanied by the appropriate non‑refundable fee specified in the Third Schedule.
Subregulation 2
Amended byS 1041/2020 wef 02/01/2021S 755/2022 wef 01/10/2022S 696/2018 wef 01/11/2018
The application must be supported by an affidavit of the law expert that —
(a)
confirms the particulars of the law expert mentioned in paragraph (1)(a);
(b)
states any changes to any information provided in support of the law expert’s last application under paragraph (1) or rule 12B(1);
(c)
states that the law expert has read and understood, and agrees to abide by, the Code of Ethics;
(d)
states that the law expert is not a foreign lawyer;
(e)
states that the law expert has not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the capacity of a legal practitioner by whatever name called in any jurisdiction;
(f)
states whether the registration of the law expert that is the subject of the application, any earlier registration of the law expert under section 36PA of the Act, or any earlier full registration or restricted registration of the law expert as a foreign lawyer under section 36P of the Act, has been cancelled or suspended and, if so, the details of and circumstances relating to the cancellation or suspension;
(g)
exhibits a copy of an order of the Singapore International Commercial Court or the appellate court permitting the law expert to make submissions on a question of foreign law in, and on behalf of a party to —
(i)
any pending relevant proceedings under rule 3(2)(e); or
(ii)
any pending relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e);
(h)
exhibits a document setting out the law expert’s qualifications and experience in relation to that question of foreign law; and
(i)
exhibits an undertaking by the law expert to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law.
Regulation 12D
Registrar may grant or refuse application
Amended byS 696/2018 wef 01/11/2018
Subregulation 1
The Registrar may grant or refuse an application made under rule 12B(1) or 12C(1) in respect of a law expert.
Subregulation 2
The Registrar must, within 14 days after the later of the date on which the application is made or the date on which all information required to process the application is submitted to the Registrar —
(a)
inform the law expert whether the Registrar has granted the application; and
(b)
if the Registrar has not granted the application, invite the law expert to submit on why the application should be granted.
Subregulation 3
The Registrar must, before refusing the application, give the law expert a reasonable opportunity to be heard by the Registrar.
Subregulation 4
Amended byS 696/2018 wef 01/11/2018
The decision of the Registrar to grant or refuse the application is final.
Regulation 12E
Period of validity or renewal of registration
Amended byS 696/2018 wef 01/11/2018
Subregulation 1
Every registration under section 36PA of the Act is valid for one year, unless the registration is sooner cancelled or suspended under section 36PA(5) or (7) or 36U of the Act.
Subregulation 2
Amended byS 696/2018 wef 01/11/2018
Every renewal of a registration under section 36PA of the Act is for one year, unless the registration is sooner cancelled or suspended under section 36PA(5) or (7) or 36U of the Act.
Regulation 12F
Certificate of registration
Amended byS 696/2018 wef 01/11/2018
Subregulation 1
Subject to paragraph (3), if an application under rule 12B(1) is granted, the Registrar may issue a certificate of registration for the period of validity of the registration.
Subregulation 2
Subject to paragraph (3), if an application under rule 12C(1) is approved, the Registrar may issue a certificate of registration for the period of the renewal of the registration.
Subregulation 3
The Registrar may, on application by a registered law expert and on payment of the appropriate non‑refundable fee (if any) specified in the Third Schedule —
(a)
issue the law expert a certificate of registration;
(b)
amend the law expert’s certificate of registration; or
(c)
issue a certified true copy of the law expert’s certificate of registration.
Subregulation 4
Amended byS 696/2018 wef 01/11/2018
When a law expert’s registration is cancelled under section 36PA(5) or (7) or 36U of the Act, the law expert’s certificate of registration ceases to be in force.
Regulation 12G
Register of registered law experts
Amended byS 696/2018 wef 01/11/2018
Subregulation 1
The Registrar is to maintain, in such form and manner as the Registrar thinks fit, a register of every law expert who is registered under section 36PA of the Act.
Subregulation 2
Upon the registration of a law expert, the Registrar is to enter in the register under paragraph (1) the following particulars of the law expert:
(a)
the law expert’s name, nationality and designation;
(b)
the name of the law practice (if any) that employs or is affiliated with the law expert, and the jurisdiction in which that law practice provides legal services;
(c)
the name of any other institution or organisation that employs or is affiliated with the law expert;
(d)
the address of —
(i)
the law expert’s place of business in Singapore, if any; or
(ii)
the law expert’s overseas place of business, if the law expert has no place of business in Singapore;
(e)
the electronic mail address of the law expert.
Subregulation 3
A registered law expert must, within 7 days after there is any change to any particulars of the foreign lawyer provided in an application under rule 12B(1) or 12C(1), notify the Registrar in writing of the change.
Subregulation 4
If a law expert fails to comply with paragraph (3), the Registrar may take into account the failure when deciding whether to grant or refuse a later application under rule 12B(1) or 12C(1) in respect of the law expert.
Subregulation 5
The Registrar may do any of the following in relation to the register under paragraph (1):
(a)
correct any error in the register;
(b)
make any necessary alteration to the register as a result of any change in circumstances or particulars;
(c)
upon the request of a registered law expert, remove the name of that law expert from the register.
Subregulation 6
Amended byS 696/2018 wef 01/11/2018
The Registrar may make any information in the register under paragraph (1) available to any person in such form and manner as the Registrar thinks fit.
Part 3
COMPLAINTS AGAINST REGISTERED FOREIGN LAWYERS AND REGISTERED LAW EXPERTS
Regulation 13
Prescribed provisions of Act
Amended byS 691/2015 wef 18/11/2015S 691/2015 wef 18/11/2015
Subregulation 1
Amended byS 691/2015 wef 18/11/2015
The provisions of the Act which are prescribed for the purposes of section 36Q(1)(b) of the Act are sections 36B, 36C, 36D and 36P of the Act.
Subregulation 2
Amended byS 691/2015 wef 18/11/2015
The provisions of the Act which are prescribed for the purposes of section 36S(5)(c) of the Act are sections 36B, 36C, 36D and 36P of the Act.
Regulation 14
Contents of complaint
Amended byS 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018
Every complaint of the conduct of a registered foreign lawyer or registered law expert made under section 36S(2) of the Act must contain the following information:
(a)
the name of the foreign lawyer or law expert;
(b)
the name of the law practice (if any) in which the foreign lawyer practises, or that employs or is affiliated with the law expert;
(ba)the name of any other institution or organisation that employs or is affiliated with the law expert;
(c)
the address of —
(i)
the place of business in Singapore of the foreign lawyer or law expert, if any; or
(ii)
the overseas place of business of the foreign lawyer or law expert, if the foreign lawyer or law expert has no place of business in Singapore;
(d)
the telephone and facsimile numbers (if known to the complainant) of —
(i)
the place of business in Singapore of the foreign lawyer or law expert, if any; or
(ii)
the overseas place of business of the foreign lawyer or law expert, if the foreign lawyer or law expert has no place of business in Singapore;
(e)
the electronic mail address or addresses of the foreign lawyer or law expert (if known to the complainant);
(f)
the identification number or passport number of the foreign lawyer or law expert (if known to the complainant).
Regulation 15
Application of Division
Amended byS 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018
This Division applies if —
(a)
a complaints committee is of the opinion that there is a prima facie case for an investigation into a complaint of the conduct of a registered foreign lawyer or registered law expert; or
(b)
a complaints committee is directed by a Judge under section 36T(5) of the Act to hear and investigate a complaint of the conduct of a registered foreign lawyer or registered law expert on the basis that there is a prima facie case for an investigation into the complaint.
Regulation 16
Subsequent proceedings, statement of the case and defence
Amended byS 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018
Subregulation 1
Amended byS 696/2018 wef 01/11/2018
The conducting solicitor appointed to conduct the subsequent proceedings before the complaints committee must, within 14 days after the date on which the solicitor is appointed (or such longer period as the complaints committee may allow), furnish the secretary with 5 copies, and the foreign lawyer or law expert with one copy, of the statement of the case against the foreign lawyer or law expert.
Subregulation 2
Amended byS 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018
The statement of the case must —
(a)
contain the following information on the foreign lawyer or law expert:
(i)
the name of the foreign lawyer or law expert;
(ii)
the name of the law practice (if any) in which the foreign lawyer practises, or that employs or is affiliated with the law expert;
(iii)
the name of any other institution or organisation that employs or is affiliated with the law expert;
(iv)
the address of —
(A)
the place of business in Singapore of the foreign lawyer or law expert, if any; or
(B)
the overseas place of business of the foreign lawyer or law expert, if the foreign lawyer or law expert has no place of business in Singapore;
(b)
specify the charge or charges preferred against the foreign lawyer or law expert;
(c)
state the facts concisely in numbered paragraphs as in a statement of claim in civil proceedings; and
(d)
state the name of the conducting solicitor.
Subregulation 3
Amended byS 696/2018 wef 01/11/2018
The foreign lawyer or law expert may appear before the complaints committee either in person or by a solicitor.
Subregulation 4
Amended byS 696/2018 wef 01/11/2018
The foreign lawyer or law expert must, within 14 days after the date on which the statement of the case is served on the foreign lawyer or law expert, furnish the secretary with 5 copies, and the conducting solicitor with one copy, of the defence of the foreign lawyer or law expert.
Regulation 17
Discovery
Amended byS 696/2018 wef 01/11/2018
Subregulation 1
Amended byS 696/2018 wef 01/11/2018
Each party must, within 21 days after the date on which the statement of the case is served on the foreign lawyer or law expert, furnish the secretary with 5 copies, and the other party with one copy, of the list of documents on which the party furnishing the list intends to rely.
Subregulation 2
Each party may inspect the documents included in the list furnished by the other party within 7 days after the date the list is furnished.
Subregulation 3
A copy of any document mentioned in the list furnished by a party must, on request and on payment by the other party of a reasonable charge for that copy, be furnished to the other party within 3 days after the request is received.
Regulation 18
Evidence
Amended byS 218/2022 wef 01/04/2022S 696/2018 wef 01/11/2018
Subregulation 1
At a complaints committee hearing, the evidence‑in‑chief of a witness must be given by way of affidavit.
Subregulation 2
Unless the complaints committee otherwise orders or the parties otherwise agree, the witness must attend the complaints committee hearing for cross‑examination.
Subregulation 3
Amended byS 218/2022 wef 01/04/2022
Where a witness does not attend the complaints committee hearing for cross‑examination, the affidavit of the witness is not to be received in evidence unless —
(a)
the complaints committee gives permission for the affidavit to be received in evidence; or
(b)
the attendance of the witness at the hearing has been dispensed with by order of the complaints committee or by agreement between the parties.
Subregulation 4
Unless the complaints committee otherwise orders, the evidence‑in‑chief of all witnesses is limited to one affidavit for each witness.
Subregulation 5
Amended byS 696/2018 wef 01/11/2018
Each party must, within 2 months after the date on which the statement of the case is served on the foreign lawyer or law expert, furnish the secretary with 5 copies, and the other party with one copy, of —
(a)
each of the affidavits of evidence‑in‑chief of the furnishing party’s witnesses;
(b)
the bundle of documents which the furnishing party will be relying on or referring to in the course of the complaints committee hearing; and
(c)
the bundle of authorities which the furnishing party will be relying on or referring to in the course of the complaints committee hearing.
Regulation 19
Orders to attend court and orders to produce documents
Amended byS 218/2022 wef 01/04/2022
A request for an order to attend court or an order to produce documents must be made at the Registry of the Supreme Court in accordance with Order 20, Rule 3 of the Singapore International Commercial Court Rules 2021.
Regulation 20
Complaints committee may give directions by letter
Subregulation 1
The complaints committee may give the parties directions for the conduct of the matter by way of a letter served in accordance with rule 27.
Subregulation 2
A letter containing the directions of the complaints committee must be signed by the secretary or, in the absence of the secretary, by an individual who is authorised by the secretary to sign the letter on behalf of the secretary.
Regulation 21
Pre-hearing conferences
The complaints committee may, of its own motion or on the application of any party, direct the parties to attend a pre-hearing conference, in order that the complaints committee may make such orders or give such directions as the complaints committee thinks fit for the just, expeditious and economical disposal of the matter.
Regulation 22
Convening of complaints committee hearing
Amended byS 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018
Subregulation 1
Amended byS 696/2018 wef 01/11/2018
Subject to paragraph (2), the complaints committee hearing is to be convened within 12 weeks after the date on which the statement of the case is served on the foreign lawyer or law expert.
Subregulation 2
The Chief Justice may, on the application of the complaints committee, extend the period within which the complaints committee hearing is to be convened.
Subregulation 3
The complaints committee must make an application under section 36S(12)(b) of the Act if the granting of an application under paragraph (2) will necessitate an extension of the period specified in section 36S(11) of the Act.
Subregulation 4
Amended byS 696/2018 wef 01/11/2018
The secretary is to notify the parties of the date or dates fixed for the complaints committee hearing by serving a notice of the hearing in Form 5 (where the complaint is against a registered foreign lawyer) or Form 6 (where the complaint is against a registered law expert), in accordance with rule 27.
Regulation 23
Complaints committee to hear matters in private
Amended byS 218/2022 wef 01/04/2022S 218/2022 wef 01/04/2022
Subregulation 1
Amended byS 218/2022 wef 01/04/2022
The complaints committee is to hear all matters in private.
Subregulation 2
Amended byS 218/2022 wef 01/04/2022
Despite paragraph (1), the complaints committee may permit a person whom the complaints committee considers (in its discretion) to be an interested party, or the person’s solicitor, to be present.
Regulation 24
Failure to appear
Amended byS 696/2018 wef 01/11/2018
If the foreign lawyer or law expert fails to appear at the complaints committee hearing, the complaints committee may, upon proof that the secretary has served the notice under rule 22(4) on the foreign lawyer or law expert, proceed with the hearing in the absence of the foreign lawyer or law expert.
Regulation 25
Adjournments
The complaints committee may, of its own motion or on the application of any party, adjourn the complaints committee hearing as the complaints committee thinks fit.
Regulation 26
Amendments of or additions to statement of case
Amended byS 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018
Subregulation 1
If it appears to the complaints committee that the allegations in the statement of the case should be amended or added to, the complaints committee may permit the amendment of or addition to the statement of the case.
Subregulation 2
Amended byS 696/2018 wef 01/11/2018
If the amendment or addition is permitted at the complaints committee hearing, and the amendment or addition is such as to take the foreign lawyer or law expert by surprise or prejudice the conduct of the case of the foreign lawyer or law expert, the complaints committee must grant such adjournment of the complaints committee hearing as the complaints committee thinks fit.
Subregulation 3
Amended byS 696/2018 wef 01/11/2018
If the complaints committee permits the amendment of or addition to the statement of the case, the complaints committee must also permit the foreign lawyer or law expert to amend the defence of the foreign lawyer or law expert.
Regulation 27
Service of letters, notices and documents
Amended byS 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018S 218/2022 wef 01/04/2022S 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018
Subregulation 1
Amended byS 696/2018 wef 01/11/2018
Service of any letter, notice or document on the foreign lawyer or law expert may be effected by —
(a)
serving the letter, notice or document personally on the foreign lawyer or law expert;
(b)
leaving the letter, notice or document in an envelope addressed to the foreign lawyer or law expert at the address for service of the foreign lawyer or law expert;
(c)
sending the letter, notice or document by registered or ordinary post to the foreign lawyer or law expert at the address for service of the foreign lawyer or law expert;
(d)
serving the letter, notice or document on the solicitor (if any) of the foreign lawyer or law expert; or
(e)
sending an electronic copy of the letter, notice or document by electronic mail to the electronic mail address of the foreign lawyer provided under rule 5(1), 6(1), 7(1), 8(1) or 12(4), or to the electronic mail address of the law expert provided under rule 12B(1), 12C(1) or 12G(3).
Subregulation 2
Amended byS 696/2018 wef 01/11/2018
When the secretary or the Secretariat serves any letter, notice or document on the foreign lawyer or law expert in accordance with paragraph (1)(a), (b), (c), (d) or (e), such service is to be treated as good and sufficient service of the letter, notice or document on the foreign lawyer or law expert.
Subregulation 3
Amended byS 696/2018 wef 01/11/2018
When the secretary or the Secretariat serves any letter, notice or document on the foreign lawyer or law expert in accordance with paragraph (1)(b), such service is to be treated as effected on the date on which the letter, notice or document is left at the address for service of the foreign lawyer or law expert.
Subregulation 4
Amended byS 696/2018 wef 01/11/2018S 218/2022 wef 01/04/2022S 696/2018 wef 01/11/2018
When the secretary or the Secretariat serves any letter, notice or document on the foreign lawyer or law expert in accordance with paragraph (1)(c), such service is to be treated as effected on the earlier of —
(a)
the date on which the letter, notice or document is delivered by the postal authority to the foreign lawyer or law expert; or
(b)
such of the following periods after the date on which the letter, notice or document is posted as may be relevant:
(i)
4 days (other than a Saturday, Sunday or public holiday in Singapore), if the address for service is in Singapore;
(ii)
14 days, if the address for service is overseas.
Subregulation 5
Where the complaints committee, on the application or instigation of any party, orders or directs the secretary or the Secretariat to serve a letter, notice or document in a manner that is not prescribed in this rule, that party must bear the expenses incurred or to be incurred by the secretary or the Secretariat (as the case may be) in effecting service in the manner ordered or directed by the complaints committee.
Subregulation 6
Amended byS 696/2018 wef 01/11/2018
In this rule, “address for service”, in relation to a foreign lawyer or law expert, means the address provided under rule 5(1), 6(1), 7(1), 8(1), 12(4), 12B(1), 12C(1) or 12G(3) of —
(a)
the place of business in Singapore (if any) of the foreign lawyer or law expert; or
(b)
the overseas place of business of the foreign lawyer or law expert, if the foreign lawyer or law expert has no place of business in Singapore.
Regulation 28
Failure to comply with directions or orders
The complaints committee may, in its discretion, draw such inferences as it considers appropriate from the failure of any party to comply with —
(a)
any of the provisions contained in this Division; or
(b)
any order made or direction given by the complaints committee.
Regulation 29
Complaints committee may dispense with certain matters
The complaints committee may dispense with any requirements of this Division relating to letters, notices, documents, service or time, in any case where it appears to the complaints committee to be just to do so.
Regulation 30
Extension of time
The complaints committee may extend any period under this Division (other than rule 22(1)) for doing anything, even though the application for extension is not made until after the expiration of that period.
Regulation 31
Application of Evidence Act
Amended byS 696/2018 wef 01/11/2018
Subregulation 1
The Evidence Act (Cap. 97) applies to proceedings before the complaints committee in the same manner as that Act applies to civil and criminal proceedings.
Subregulation 2
Amended byS 696/2018 wef 01/11/2018
The complaints committee may, in its discretion, accept as conclusive a finding of fact of a court of competent jurisdiction in Singapore to which proceedings the foreign lawyer or law expert was a party.
Regulation 32
Procedure
Amended byS 696/2018 wef 01/11/2018
Subregulation 1
Subject to this Division, the complaints committee has power to regulate its own proceedings, and in doing so, the complaints committee is to have regard to the practice and procedure of the courts.
Subregulation 2
Amended byS 696/2018 wef 01/11/2018
Where a complaints committee has been appointed in connection with 2 or more matters involving the same foreign lawyer or law expert, the complaints committee may hear the matters at the same time or one immediately after another.
Regulation 33
Prescribed person
The person prescribed for the purposes of section 36S(18) and (19) of the Act is the secretary or, in the absence of the secretary, an individual who is authorised by the secretary to act on behalf of the secretary for those purposes.
Regulation 34
Fees relating to record of proceedings
Amended byS 218/2022 wef 01/04/2022
Subregulation 1
Amended byS 218/2022 wef 01/04/2022
The prescribed fee payable under section 36S(19) of the Act for a copy of the record of proceedings of a complaints committee comprises —
(a)
a processing charge of —
(i)
$30, in any case where the copy is to be made available within 3 days (other than a Saturday, Sunday or public holiday in Singapore) after the date the request for the copy is received by the Secretariat; or
(ii)
$20, in any other case; and
(b)
such of the following compilation charges as may be applicable:
(i)
if the copy is issued in the form of one or more CD‑ROMs of documents in digital or other electronic machine-readable form, $0.30 per readable page of document;
(ii)
if the copy is issued in the form of one or more bound volumes of paper documents —
(A)
$0.30 per page of document; and
(B)
$5 per volume of documents.
Subregulation 2
Where the secretary is required under section 36T(4) of the Act to file in court the record of proceedings of a complaints committee for the purposes of an application under section 36T(1) of the Act, the person making the application must reimburse the Secretariat for all court fees incurred by the Secretariat in connection with the filing of the record of proceedings.
Regulation 35
Utilisation of deposit under section 36S(23) of Act
Subregulation 1
This rule applies where a complaints committee has required a complainant to deposit a sum with the Registrar under section 36S(23) of the Act.
Subregulation 2
Where the complaints committee makes an order under section 36S(16) of the Act for the payment of costs by the complainant —
(a)
the sum deposited with the Registrar is to be applied for the payment of those costs; and
(b)
any balance of the sum deposited with the Registrar is to be returned to the complainant.
Part 4
GENERAL
Regulation 36
Documents, etc., to be in English
Subregulation 1
Every Form for an application under these Rules must be completed in English.
Subregulation 2
Every affidavit filed in support of an application under these Rules must be in English.
Subregulation 3
Every complaint made under section 36S(2) of the Act must be in English.
Subregulation 4
Every document submitted in support of an application under these Rules or a complaint made under section 36S(2) of the Act must be in English or be accompanied by an English translation of the document.
Regulation 37
Power to waive or modify condition or requirement
Amended byS 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018
The Registrar may, at any time in the Registrar’s discretion, waive or modify —
(a)
any condition imposed by the Registrar under section 36P(6) or 36PA(4) of the Act; or
(b)
any requirement imposed by Part 2 or 2A or rule 14.
Regulation 38
Code of Ethics
Amended byS 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018S 696/2018 wef 01/11/2018
Subregulation 1
Amended byS 696/2018 wef 01/11/2018
Every registered foreign lawyer who is granted full registration must comply with the Code of Ethics.
Subregulation 1A
Amended byS 696/2018 wef 01/11/2018
Every registered foreign lawyer who is granted restricted registration must comply with the Code of Ethics insofar as it applies, with the necessary modifications, to a foreign lawyer who is granted restricted registration.
Subregulation 1B
Amended byS 696/2018 wef 01/11/2018
Every registered law expert must comply with the Code of Ethics insofar as it applies, with the necessary modifications, to a registered law expert.
Subregulation 2
Amended byS 696/2018 wef 01/11/2018
For the purposes of section 36S(1) of the Act, due cause may be shown by proof that —
(a)
a registered foreign lawyer who is granted full registration has contravened any provision of the Code of Ethics;
(b)
a registered foreign lawyer who is granted restricted registration has contravened any provision of the Code of Ethics, insofar as it applies, with the necessary modifications, to a foreign lawyer who is granted restricted registration; or
(c)
a registered law expert has contravened any provision of the Code of Ethics, insofar as it applies, with the necessary modifications, to a registered law expert.
Regulation 39
Applications under section 36U(1) of Act
Amended byS 218/2022 wef 01/04/2022
The procedure and practice to be followed in connection with an application under section 36U(1) of the Act are set out in the Legal Profession (Proceedings before Court of 3 Supreme Court Judges) Rules 2022 (G.N. No. S 217/2022).
Schedule 1
Code of ethics
FIRST SCHEDULERule 2Code of ethicsApplication1.—
(1)
This Code of Ethics applies to every registered foreign lawyer.(2) This Code of Ethics applies, with the necessary modifications, to —
(a)
every foreign lawyer who is granted restricted registration; and
(b)
every registered law expert,as it applies to a registered foreign lawyer.[S 696/2018 wef 01/11/2018]Definitions
2. In this Code of Ethics, unless the context otherwise requires —“client” means either of the following persons:
(a)
any person who, as a principal or on behalf of another person, retains or employs, or is about to retain or employ, a registered foreign lawyer, a foreign lawyer who is granted restricted registration, or a registered law expert;
(b)
any person who is or may be liable to pay the costs of any of the following persons:
(i)
a registered foreign lawyer;
(ii)
a foreign lawyer who is granted restricted registration;
(iii)
a registered law expert;
(iv)
the law practice of a registered foreign lawyer or a foreign lawyer who is granted restricted registration;
(v)
the law practice, or any other institution or organisation, that employs or is affiliated with a registered law expert;[S 696/2018 wef 01/11/2018]“Court” means —
(a)
the Singapore International Commercial Court constituted as a division of the General Division of the High Court under section 18A of the Supreme Court of Judicature Act (Cap. 322); or[S 1041/2020 wef 02/01/2021](b)the appellate court, when constituted to hear any relevant appeal;[S 1041/2020 wef 02/01/2021][S 755/2022 wef 01/10/2022]“registered foreign lawyer” means a foreign lawyer who is granted full registration;[S 696/2018 wef 01/11/2018]“Third-Party Funder” has the meaning given by section 5B(10) of the Civil Law Act (Cap. 43);[S 383/2021 wef 28/06/2021]“third-party funding contract” has the meaning given by section 5B(10) of the Civil Law Act;[S 383/2021 wef 28/06/2021]“witness” includes an expert witness.Duties to Court and client
3. Every registered foreign lawyer —
(a)
has a duty of loyalty to each client whom the registered foreign lawyer represents; and
(b)
has an obligation to present the client’s case to the Court in a manner which is consistent with the interests of justice and the ethical responsibilities of the registered foreign lawyer.Party representation
4. A registered foreign lawyer who represents a client in any preliminary proceedings, relevant proceedings or relevant appeal —
(a)
must, at the earliest opportunity, inform the Court and every other party to the proceedings or appeal of the identity of the registered foreign lawyer and that the registered foreign lawyer represents the client; and
(b)
must promptly inform the Court and every other party to the proceedings or appeal of any change in such representation.[S 218/2022 wef 01/04/2022]Disclosure of third-party funding4A.—
(1)
When conducting any preliminary proceedings, relevant proceedings or relevant appeal before the Court, a registered foreign lawyer must disclose to the Court, and to every other party to the proceedings or appeal —
(a)
the existence of any third-party funding contract related to the costs of the proceedings or appeal; and
(b)
the identity and address of any Third-Party Funder involved in funding the costs of the proceedings or appeal.[S 218/2022 wef 01/04/2022](2) The disclosure under sub-paragraph (1) must be made —
(a)
on the date of commencement of the preliminary proceedings, relevant proceedings or relevant appeal where the third-party funding contract is entered into before the date of commencement of those proceedings or that appeal; or[S 218/2022 wef 01/04/2022](b)as soon as practicable after the third-party funding contract is entered into where the third-party funding contract is entered into on or after the date of commencement of the preliminary proceedings, relevant proceedings or relevant appeal.[S 218/2022 wef 01/04/2022][S 383/2021 wef 28/06/2021]Prohibition against financial and other interests in Third-Party Funder4B.—
(1)
A registered foreign lawyer must not, directly or indirectly, hold any share or other ownership interest in a Third-Party Funder if —
(a)
the registered foreign lawyer represents a client in any preliminary proceedings, relevant proceedings or relevant appeal; and[S 218/2022 wef 01/04/2022](b)that client has a third-party funding contract with the Third-Party Funder in relation to such proceedings or appeal.Illustration Where a registered foreign lawyer directly holds a share or other ownership interest in the law practice of which he or she is a member and that law practice in turn holds a share or other ownership interest in the Third-Party Funder, the registered foreign lawyer indirectly holds an ownership interest in the Third-Party Funder.(2) A registered foreign lawyer must not, directly or indirectly, receive any commission, fee or share of proceeds from the Third-Party Funder mentioned in sub-paragraph (1).Illustration Where the law practice, of which a registered foreign lawyer is a member, receives a commission, fee or share of proceeds from the Third-Party Funder and that law practice passes on the benefits from such commission, fee or share of proceeds to the registered foreign lawyer through a share of the profits of the practice, dividends or other remuneration, the registered foreign lawyer indirectly receives that commission, fee or share of proceeds from that Third-Party Funder.(3) Sub-paragraph (2) does not prohibit a registered foreign lawyer from receiving any fee, disbursement or expense payable by the client mentioned in sub-paragraph (1) for the provision of legal services by the registered foreign lawyer or the law practice of which the registered foreign lawyer is a member to that client.[S 383/2021 wef 28/06/2021]Acting when material witness5.—
(1)
Where after a registered foreign lawyer acts for a client in a matter, it becomes known or apparent to the registered foreign lawyer that the registered foreign lawyer will be required to give evidence material to the determination of any contested issue before the Court in that matter —
(a)
the registered foreign lawyer must cease to act in that matter; but(b)the law practice of which the registered foreign lawyer is a member, or any other member of that law practice, may continue to represent the client, unless doing so would prejudice the administration of justice.(2) Where before a registered foreign lawyer acts for a party in a matter, it becomes known or apparent to the registered foreign lawyer that the registered foreign lawyer will be required to give evidence material to the determination of any contested issue before the Court in that matter —
(a)
the registered foreign lawyer must not act for any party in that matter; but(b)the law practice of which the registered foreign lawyer is a member, or any other member of that law practice, may represent a party in that matter, unless doing so would prejudice the administration of justice.Relationship with Court or client6.—
(1)
A registered foreign lawyer must not appear before the Court in a matter where —
(a)
by reason of the registered foreign lawyer’s relationship with a judge of the Court or any individual sitting with the Court, the impartial administration of justice may appear to be prejudiced; or
(b)
by reason of the registered foreign lawyer’s relationship with a client, it will be difficult for the registered foreign lawyer to maintain the professional independence of the registered foreign lawyer.(2) Where sub-paragraph (a) or (b) of sub-paragraph (1) applies, the registered foreign lawyer must notify the Court of the relationship referred to in the applicable sub-paragraph, and cease to participate in the whole, or such part, of the matter as the Court may direct.Communication with Court7.—
(1)
Subject to sub-paragraph (2), a registered foreign lawyer must not have any communication with the Court, or with a judge of the Court, in the absence of the other party or parties, concerning any preliminary proceedings, relevant proceedings or relevant appeal —
(a)
which are or is, or will be, before the Court; and
(b)
in respect of which the registered foreign lawyer represents any party or any other interested person.(2) A registered foreign lawyer may have communications with the Court in the absence of the other party or parties, in relation to any application for relief that is an application without notice, in accordance with any practice directions issued in respect of applications without notice.(3) If, despite sub-paragraph (1), a registered foreign lawyer has any communication with the Court, or with a judge of the Court, in the absence of the other party or parties, regarding any preliminary proceedings, relevant proceedings or relevant appeal which are or is, or will be, before the Court, the registered foreign lawyer must inform every other party to the proceedings or appeal of the communication, and the circumstances of the communication, as soon as possible.[S 218/2022 wef 01/04/2022]Submissions to Court8.—
(1)
A registered foreign lawyer must not knowingly make any false submission of fact or law to the Court.(2) If a registered foreign lawyer learns that the registered foreign lawyer has made a false submission of fact or law to the Court, the registered foreign lawyer must promptly correct the submission, unless the registered foreign lawyer is precluded from doing so by any obligation to maintain confidentiality or any privilege as between the registered foreign lawyer and a client.(3) A registered foreign lawyer must not in any way knowingly mislead or attempt to mislead —
(a)
the Court;
(b)
any solicitor, any other registered foreign lawyer or any witness in any preliminary proceedings, relevant proceedings or relevant appeal; or[S 218/2022 wef 01/04/2022](c)any officer of, or any other person or organisation involved in or associated with, the Court.Evidence9.—
(1)
A registered foreign lawyer must not present any evidence which the registered foreign lawyer knows to be false.(2) Where a registered foreign lawyer is or becomes aware that a client will give, or has given, false evidence to the Court —
(a)
the registered foreign lawyer may cease to act for the client; or
(b)
if the registered foreign lawyer continues to act for the client, the registered foreign lawyer must conduct the case in a manner that does not perpetuate the falsehood.(3) Where a registered foreign lawyer is or becomes aware that a witness for a client will give, or has given, false evidence to the Court —
(a)
the registered foreign lawyer must promptly advise the client of —
(i)
the need to take such remedial measures as may be appropriate in the circumstances; and
(ii)
the consequences of failing to take such measures;
(b)
unless the registered foreign lawyer is precluded from doing so by any obligation to maintain confidentiality or any privilege as between the registered foreign lawyer and the client, the registered foreign lawyer —
(i)
must promptly take such remedial measures as may be appropriate in the circumstances; or
(ii)
may cease to act for the client, if the circumstances so warrant.(4) For the purposes of sub-paragraph (3), the appropriate remedial measures may include one or more of the following measures:
(a)
advising the witness to testify truthfully;
(b)
taking reasonable steps to deter the witness from giving false evidence;
(c)
urging the witness to correct or withdraw the false evidence;
(d)
correcting or withdrawing the false evidence.Information exchange and disclosure10.—
(1)
A registered foreign lawyer must, as soon as practicable, inform a client of the need to preserve, so far as reasonably possible, every document which is potentially relevant to any preliminary proceedings, relevant proceedings or relevant appeal to which the client is a party.[S 218/2022 wef 01/04/2022](2) The registered foreign lawyer must not make any application or request for the discovery or production of any document, or raise any objection to any such application or request, for an improper purpose, such as to harass or to cause delay.(3) The registered foreign lawyer must explain to the client the need to produce, and the potential consequences of failing to produce, any document which the client has undertaken, or has been ordered, to produce.(4) The registered foreign lawyer must advise the client to take, and must assist the client in taking, reasonable steps to ensure —
(a)
that reasonable efforts have been made to search for each document that the client has undertaken, or has been ordered, to produce; and
(b)
that the client produces —
(i)
every document which the client relies on;
(ii)
every document which the client is requested to produce (not being a document which the client objects to producing, for instance, on the ground of privilege); and
(iii)
every document which the client is ordered by the Court to produce.(5) The registered foreign lawyer must not suppress or conceal, or advise a client to suppress or conceal, any document which has been requested for by any other party to the preliminary proceedings, relevant proceedings or relevant appeal, or which the client has undertaken, or has been ordered, to produce.[S 218/2022 wef 01/04/2022](6) If, during the course of the preliminary proceedings, relevant proceedings or relevant appeal, the registered foreign lawyer becomes aware of the existence of any document which should have been but was not produced, the registered foreign lawyer must advise the client of the need to produce the document and of the consequences of failing to do so.[S 218/2022 wef 01/04/2022](7) In this paragraph, “document” includes an electronic document that would, unless preserved under sub-paragraph (1), be deleted in accordance with a document retention policy or in the ordinary course of business.Approaching of potential witness11.—
(1)
Before seeking any information from a potential witness, a registered foreign lawyer must inform the potential witness of —
(a)
the identity of the registered foreign lawyer;
(b)
the identity of the party whom the registered foreign lawyer represents; and
(c)
the reason for which the information is sought.(2) The registered foreign lawyer must inform the potential witness that the potential witness has the right —
(a)
to inform or instruct the potential witness’ own legal counsel about the communication between the registered foreign lawyer and the potential witness; and
(b)
to discontinue that communication.Preparation of witness’ affidavit, etc.12.—
(1)
A registered foreign lawyer may —
(a)
assist any witness in the preparation of the witness’ affidavit or witness statement; and
(b)
assist any expert witness in the preparation of the witness’ expert report.(2) A registered foreign lawyer must ensure that —
(a)
any affidavit or witness statement prepared with the assistance of the registered foreign lawyer and submitted by a witness reflects the witness’ own account of the relevant facts, events and circumstances; and
(b)
any expert report prepared with the assistance of the registered foreign lawyer and submitted by an expert witness reflects the expert witness’s own analysis and opinion.(3) A registered foreign lawyer must not invite or encourage any witness (including an expert witness) to give false evidence.Communication with witness13.—
(1)
Subject to sub-paragraph (2), a registered foreign lawyer may meet or interact with any witness in order to discuss and prepare the witness’ prospective testimony in any relevant proceedings or preliminary proceedings relating to the relevant proceedings.[S 218/2022 wef 01/04/2022](2) Except with the permission of the Court, a registered foreign lawyer must not interview a witness called on behalf of a client in any relevant proceedings or preliminary proceedings relating to the relevant proceedings before the Court (called in this sub-paragraph the relevant witness), or discuss with the relevant witness the evidence of the relevant witness or any other witness, while the relevant witness is under cross-examination in those proceedings.[S 218/2022 wef 01/04/2022]Respect for Court and related responsibilities14.—
(1)
A registered foreign lawyer must always be respectful to the Court.(2) When participating in any preliminary proceedings, relevant proceedings or relevant appeal, a registered foreign lawyer must always be courteous to the Court and to every other person involved in those proceedings or appeal.[S 218/2022 wef 01/04/2022](3) When acting for a client in any preliminary proceedings, relevant proceedings or relevant appeal before the Court, a registered foreign lawyer —
(a)
must not express the registered foreign lawyer’s personal opinion of the client’s conduct or allow the registered foreign lawyer’s personal feelings to affect the registered foreign lawyer’s duty to the Court;
(b)
must not knowingly or recklessly advance any submission, opinion or proposition which the registered foreign lawyer knows, or ought reasonably to know, is contrary to the law;
(c)
must disclose to the Court every relevant fact, item of evidence, item of information or other matter which the registered foreign lawyer is required by law to disclose to the Court in those proceedings or appeal; and[S 218/2022 wef 01/04/2022](d)must disclose to the Court every relevant legal authority (including every adverse legal authority), and every procedural irregularity, of which the registered foreign lawyer is aware.[S 218/2022 wef 01/04/2022](4) A registered foreign lawyer must honour the terms of any professional undertaking given to the Court, a solicitor, a person admitted under section 15 of the Act, any other registered foreign lawyer, a client or any other person.(5) A registered foreign lawyer must not give an undertaking to the Court, unless the registered foreign lawyer —
(a)
believes that the undertaking is necessary; and
(b)
is convinced (at the time the undertaking is given) that the registered foreign lawyer is able to honour the undertaking.(6) A registered foreign lawyer must not publish, and must not take any step which may lead to the publication of, any material concerning any current preliminary proceedings, relevant proceedings or relevant appeal, whether or not on behalf of a client, if such publication —
(a)
amounts to contempt of the Court; or
(b)
is calculated to interfere with the fair trial of the proceedings or the fair hearing of the appeal, or to prejudice the administration of justice.[S 218/2022 wef 01/04/2022]Duty to rectify contravention of Code of Ethics
15. Where a registered foreign lawyer has unknowingly contravened any provision of this Code of Ethics, and the registered foreign lawyer subsequently becomes aware of the contravention, unless the registered foreign lawyer is precluded from doing so by any obligation to maintain confidentiality or any privilege as between the registered foreign lawyer and a client, the registered foreign lawyer must —
(a)
disclose the contravention to the Court; and
(b)
take reasonable steps to rectify the contravention.Code of Ethics to prevail over foreign rules on ethics or professional conduct
16. Where a registered foreign lawyer acts in any preliminary proceedings, relevant proceedings or relevant appeal before the Court, the registered foreign lawyer must comply with the provisions of this Code of Ethics, despite any provision to the contrary in any rules of ethics or professional conduct to which the registered foreign lawyer is subject in any other state or territory in which the registered foreign lawyer is duly authorised or registered to practise law.[S 218/2022 wef 01/04/2022]
Schedule 2
Forms
SECOND SCHEDULERule 2FormsFORM 1APPLICATION FOR FULL REGISTRATION OF FOREIGN LAWYERA.PERSONAL DETAILSFirst name:Last name:Passport number:Nationality:Date of birth:B.CONTACT DETAILS (FOREIGN)Address of place of business (for service of any letter, notice or document):Contact number:Electronic mail address (for service of any letter, notice or document):C.CONTACT DETAILS (LOCAL) (if any)Address of place of business (for service of any letter, notice or document):Contact number:Electronic mail address (for service of any letter, notice or document):D.PRACTICE DETAILSName of law practice:Designation:Please state the jurisdiction in which the above-named law practice provides legal services.(a)Please state the jurisdiction in which you are based; and [Free text box](b)Please state the jurisdiction the law of which you most frequently practise. [Free text box] Please exhibit in your supporting affidavit a certificate issued, not earlier than 6 months before the date on which the application is made, by a foreign registration authority of the jurisdiction mentioned in paragraph (a) or (b), attesting to your good standing. Kindly indicate whether you are providing a certificate of good standing issued by a foreign registration authority of the jurisdiction mentioned in paragraph (a), or by a foreign registration authority of the jurisdiction mentioned in paragraph (b), if different jurisdictions are mentioned in paragraphs (a) and (b). I am providing a certificate of good standing from [state applicable jurisdiction].I hereby declare that I am of good standing in the jurisdiction in which I am based or the jurisdiction the law of which I most frequently practise.Yes _____ No _____E.EDUCATIONAL QUALIFICATIONS (TERTIARY EDUCATION AND ABOVE)Please list your education qualifications from tertiary level and above, including the institution, degree awarded and year of graduation.(e.g. National University of Singapore, Bachelor of Laws, 1998)F.SERVICE OF DOCUMENTSI agree that —
(a)
any letter, notice or document may be served on me by the secretary of a complaints committee, the Secretariat for complaints committees or any other person —
(i)
in accordance with rule 27(1)(b) or (c) of the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014, at the address set out in Part B or C of this Form or any other address provided under rule 12(4) of those Rules in place of that address; or
(ii)
in accordance with rule 27(1)(e) of those Rules, at the electronic mail address set out in Part B or C of this Form or any other electronic mail address provided under rule 12(4) of those Rules in place of that electronic mail address; and
(b)
such service is to be treated as good and sufficient service of the letter, notice or document on me. Yes _____ No _____ G.DOCUMENTSI enclose the following documents together with my application:____ A copy of my passport information____ A copy of my academic certificates____ A copy of my supporting affidavit which —
(a)
confirms my particulars set out in this Form;
(b)
states that I have at least 5 years’ experience in advocacy before a court or tribunal;
(c)
exhibits a document setting out my experience in advocacy;
(d)
states that I am sufficiently proficient in the English language to conduct any relevant proceedings or relevant appeal;
(e)
states that I have read and understood, and agree to abide by, the Code of Ethics;
(f)
states the jurisdictions in which I am duly authorised or registered to practise law;
(g)
exhibits a certificate issued, not earlier than 6 months before the date on which the application is made, by a foreign registration authority of the jurisdiction in which I am based, or the jurisdiction the law of which I most frequently practise, attesting to my good standing;
(h)
states that I have not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in my capacity as a legal practitioner by whatever name called in any jurisdiction; and
(i)
exhibits an undertaking by me that if the Singapore International Commercial Court or the appellate court (as defined in section 36O(1) of the Legal Profession Act 1966) makes an order permitting me to make submissions on a question of foreign law in, and on behalf of a party to, any pertinent proceedings (as defined in rule 2 of the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014) or any relevant appeal from any judgment given or order made in those proceedings, I will appear, and give advice and prepare documents, in those proceedings or in that appeal, solely for the purposes of making submissions on that question of foreign law.[S 755/2022 wef 01/10/2022][S 218/2022 wef 01/04/2022][S 1041/2020 wef 02/01/2021][S 696/2018 wef 01/11/2018] __________________Signature __________________Date FORM 2APPLICATION FOR RESTRICTED REGISTRATION OF FOREIGN LAWYERA.PERSONAL DETAILSFirst name:Last name:Passport number:Nationality:Date of birth:B.CONTACT DETAILS (FOREIGN)Address of place of business (for service of any letter, notice or document):Contact number:Electronic mail address (for service of any letter, notice or document):C.CONTACT DETAILS (LOCAL) (if any)Address of place of business (for service of any letter, notice or document):Contact number:Electronic mail address (for service of any letter, notice or document):D.PRACTICE DETAILSName of law practice:Designation:Please state the jurisdiction in which the above-named law practice provides legal services.(a)Please state the jurisdiction in which you are based; and [Free text box](b)Please state the jurisdiction the law of which you most frequently practise. [Free text box] Please exhibit in your supporting affidavit a certificate issued, not earlier than 6 months before the date on which the application is made, by a foreign registration authority of the jurisdiction mentioned in paragraph (a) or (b), attesting to your good standing. Kindly indicate whether you are providing a certificate of good standing issued by a foreign registration authority of the jurisdiction mentioned in paragraph (a), or by a foreign registration authority of the jurisdiction mentioned in paragraph (b), if different jurisdictions are mentioned in paragraphs (a) and (b). I am providing a certificate of good standing from [state applicable jurisdiction].I hereby declare that I am of good standing in the jurisdiction in which I am based or the jurisdiction the law of which I most frequently practise. Yes _____ No _____ E.EDUCATIONAL QUALIFICATIONS (TERTIARY EDUCATION AND ABOVE)Please list your education qualifications from tertiary level and above, including the institution, degree awarded and year of graduation.(e.g. National University of Singapore, Bachelor of Laws, 1998)F.SERVICE OF DOCUMENTSI agree that —
(a)
any letter, notice or document may be served on me by the secretary of a complaints committee, the Secretariat for complaints committees or any other person —
(i)
in accordance with rule 27(1)(b) or (c) of the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014, at the address set out in Part B or C of this Form or any other address provided under rule 12(4) of those Rules in place of that address; or
(ii)
in accordance with rule 27(1)(e) of those Rules, at the electronic mail address set out in Part B or C of this Form or any other electronic mail address provided under rule 12(4) of those Rules in place of that electronic mail address; and
(b)
such service is to be treated as good and sufficient service of the letter, notice or document on me. Yes _____ No _____ G.DOCUMENTSI enclose the following documents together with my application:____ A copy of my passport information____ A copy of my academic certificates____ A copy of my supporting affidavit which —
(a)
confirms my particulars set out in this Form;
(b)
states that I am sufficiently proficient in the English language to conduct any relevant proceedings or relevant appeal;
(c)
states that I have read and understood, and agree to abide by, the Code of Ethics;
(d)
states the jurisdictions in which I am duly authorised or registered to practise law;
(e)
exhibits a certificate issued, not earlier than 6 months before the date on which this application is made, by a foreign registration authority of the jurisdiction in which I am based, or the jurisdiction the law of which I most frequently practise, attesting to my good standing;
(f)
states that I have not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in my capacity as a legal practitioner by whatever name called in any jurisdiction;
(g)
exhibits a copy of an order of the Singapore International Commercial Court or the appellate court (as defined in section 36O(1) of the Legal Profession Act 1966) permitting me to make submissions on a question of foreign law in, and on behalf of a party to —
(i)
any relevant proceedings under rule 3(2)(e) of the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014; or
(ii)
any relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e) of those Rules;
(h)
exhibits a document setting out my qualifications and experience in relation to the question of foreign law on which I am permitted to make submissions; and
(i)
exhibits an undertaking by me to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law.[S 755/2022 wef 01/10/2022][S 218/2022 wef 01/04/2022][S 1041/2020 wef 02/01/2021][S 696/2018 wef 01/11/2018] __________________Signature __________________Date FORM 3APPLICATION FOR RENEWAL OF FULL REGISTRATION OF FOREIGN LAWYERA.PERSONAL DETAILSFirst name:Last name:Passport number:Nationality:Date of birth:RFL No.:B.CONTACT DETAILS (FOREIGN)Address of place of business (for service of any letter, notice or document):Contact number:Electronic mail address (for service of any letter, notice or document):C.CONTACT DETAILS (LOCAL) (if any)Address of place of business (for service of any letter, notice or document):Contact number:Electronic mail address (for service of any letter, notice or document):D.PRACTICE DETAILSName of law practice:Designation:Please state the jurisdiction in which the above-named law practice provides legal services.(a)Please state the jurisdiction in which you are based; and [Free text box](b)Please state the jurisdiction the law of which you most frequently practise. [Free text box] Please exhibit in your supporting affidavit a certificate issued, not earlier than 6 months before the date on which the application is made, by a foreign registration authority of the jurisdiction mentioned in paragraph (a) or (b), attesting to your good standing. Kindly indicate whether you are providing a certificate of good standing issued by a foreign registration authority of the jurisdiction mentioned in paragraph (a), or by a foreign registration authority of the jurisdiction mentioned in paragraph (b), if different jurisdictions are mentioned in paragraphs (a) and (b). I am providing a certificate of good standing from [state applicable jurisdiction].I hereby declare that I am of good standing in the jurisdiction in which I am based or the jurisdiction the law of which I most frequently practise. Yes _____ No _____ E.SERVICE OF DOCUMENTSI agree that —
(a)
any letter, notice or document may be served on me by the secretary of a complaints committee, the Secretariat for complaints committees or any other person —
(i)
in accordance with rule 27(1)(b) or (c) of the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014, at the address set out in Part B or C of this Form or any other address provided under rule 12(4) of those Rules in place of that address; or
(ii)
in accordance with rule 27(1)(e) of those Rules, at the electronic mail address set out in Part B or C of this Form or any other electronic mail address provided under rule 12(4) of those Rules in place of that electronic mail address; and
(b)
such service is to be treated as good and sufficient service of the letter, notice or document on me. Yes _____ No _____ F.DOCUMENTSI enclose the following document together with my application:____ A copy of my supporting affidavit which —
(a)
confirms my particulars set out in this Form;
(b)
states any changes to any information provided in support of my last application;
(c)
states that I have read and understood, and agree to abide by, the Code of Ethics;
(d)
exhibits a certificate issued, not earlier than 6 months before the date on which this application is made, by a foreign registration authority of the jurisdiction in which I am based, or the jurisdiction the law of which I most frequently practise, attesting to my good standing;
(e)
states that I have not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in my capacity as a legal practitioner by whatever name called in any jurisdiction;
(f)
states whether the registration which is the subject of this application, any earlier full registration or restricted registration granted to me under section 36P of the Act, or any earlier registration as a law expert granted to me under section 36PA of the Act, has been cancelled or suspended and, if so, the details of and circumstances relating to the cancellation or suspension; and
(g)
exhibits an undertaking by me that if the Singapore International Commercial Court or the appellate court (as defined in section 36O(1) of the Legal Profession Act 1966) makes an order permitting me to make submissions on a question of foreign law in, and on behalf of a party to, any pertinent proceedings (as defined in rule 2 of the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014) or any relevant appeal from any judgment given or order made in those proceedings, I will appear, and give advice and prepare documents, in those proceedings or in that appeal, solely for the purposes of making submissions on that question of foreign law.[S 755/2022 wef 01/10/2022][S 218/2022 wef 01/04/2022][S 1041/2020 wef 02/01/2021][S 696/2018 wef 01/11/2018] __________________Signature __________________Date FORM 4APPLICATION FOR RENEWAL OF RESTRICTED REGISTRATION OF FOREIGN LAWYERA.PERSONAL DETAILSFirst name:Last name:Passport number:Nationality:Date of birth:RFL No.:B.CONTACT DETAILS (FOREIGN)Address of place of business (for service of any letter, notice or document):Contact number:Electronic mail address (for service of any letter, notice or document):C.CONTACT DETAILS (LOCAL) (if any)Address of place of business (for service of any letter, notice or document):Contact number:Electronic mail address (for service of any letter, notice or document):D.PRACTICE DETAILSName of law practice:Designation:Please state the jurisdiction in which the above-named law practice provides legal services.(a)Please state the jurisdiction in which you are based; and [Free text box](b)Please state the jurisdiction the law of which you most frequently practise. [Free text box] Please exhibit in your supporting affidavit a certificate issued, not earlier than 6 months before the date on which the application is made, by a foreign registration authority of the jurisdiction mentioned in paragraph (a) or (b), attesting to your good standing. Kindly indicate whether you are providing a certificate of good standing issued by a foreign registration authority of the jurisdiction mentioned in paragraph (a), or by a foreign registration authority of the jurisdiction mentioned in paragraph (b), if different jurisdictions are mentioned in paragraphs (a) and (b). I am providing a certificate of good standing from[state applicable jurisdiction].I hereby declare that I am of good standing in the jurisdiction in which I am based or the jurisdiction the law of which I most frequently practise. Yes _____ No _____ E.SERVICE OF DOCUMENTSI agree that —
(a)
any letter, notice or document may be served on me by the secretary of a complaints committee, the Secretariat for complaints committees or any other person —
(i)
in accordance with rule 27(1)(b) or (c) of the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014, at the address set out in Part B or C of this Form or any other address provided under rule 12(4) of those Rules in place of that address; or
(ii)
in accordance with rule 27(1)(e) of those Rules, at the electronic mail address set out in Part B or C of this Form or any other electronic mail address provided under rule 12(4) of those Rules in place of that electronic mail address; and
(b)
such service is to be treated as good and sufficient service of the letter, notice or document on me. Yes _____ No _____ F.DOCUMENTSI enclose the following document together with my application:____ A copy of my supporting affidavit which —
(a)
confirms my particulars set out in this Form;
(b)
states any changes to any information provided in support of my last application;
(c)
states that I have read and understood, and agree to abide by, the Code of Ethics;
(d)
exhibits a certificate issued, not earlier than 6 months before the date on which this application is made, by a foreign registration authority of the jurisdiction in which I am based, or the jurisdiction the law of which I most frequently practise, attesting to my good standing;
(e)
states that I have not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in my capacity as a legal practitioner by whatever name called in any jurisdiction;
(f)
states whether the registration which is the subject of this application, any earlier full registration or restricted registration granted to me under section 36P of the Act, or any earlier registration as a law expert granted to me under section 36PA of the Act, has been cancelled or suspended and, if so, the details of and circumstances relating to the cancellation or suspension;
(g)
exhibits a copy of an order of the Singapore International Commercial Court or the appellate court (as defined in section 36O(1) of the Legal Profession Act 1966) permitting me to make submissions on a question of foreign law in, and on behalf of a party to —
(i)
any pending relevant proceedings under rule 3(2)(e) of the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014; or
(ii)
any pending relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e) of those Rules;
(h)
exhibits a document setting out my qualifications and experience in relation to the question of foreign law on which I am permitted to make submissions; and
(i)
exhibits an undertaking by me to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law.[S 755/2022 wef 01/10/2022][S 218/2022 wef 01/04/2022][S 1041/2020 wef 02/01/2021][S 696/2018 wef 01/11/2018] __________________Signature __________________Date FORM 4AAPPLICATION FOR REGISTRATION OF LAW EXPERTA.PERSONAL DETAILSFirst name:Last name:Passport number:Nationality:Date of birth:B.CONTACT DETAILS (FOREIGN)Address of place of business (for service of any letter, notice or document):Contact number:Electronic mail address (for service of any letter, notice or document):C.CONTACT DETAILS (LOCAL) (if any)Address of place of business (for service of any letter, notice or document):Contact number:Electronic mail address (for service of any letter, notice or document):D.PRACTICE DETAILSName of law practice (if any) that employs or is affiliated with you:Designation:Please state the jurisdiction in which the above-named law practice provides legal services.Name of any other institution or organisation that employs or is affiliated with you:Designation:E.EDUCATIONAL QUALIFICATIONS (TERTIARY EDUCATION AND ABOVE)Please list your education qualifications from tertiary level and above, including the institution, degree awarded and year of graduation.(e.g. National University of Singapore, Bachelor of Laws, 1998)F.SERVICE OF DOCUMENTSI agree that —
(a)
any letter, notice or document may be served on me by the secretary of a complaints committee, the Secretariat for complaints committees or any other person —
(i)
in accordance with rule 27(1)(b) or (c) of the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014, at the address set out in Part B or C of this Form or any other address provided under rule 12G(3) of those Rules in place of that address; or
(ii)
in accordance with rule 27(1)(e) of those Rules, at the electronic mail address set out in Part B or C of this Form or any other electronic mail address provided under rule 12G(3) of those Rules in place of that electronic mail address; and
(b)
such service is to be treated as good and sufficient service of the letter, notice or document on me. Yes _____ No _____ G.DOCUMENTSI enclose the following documents together with my application:____ A copy of my passport information____ A copy of my academic certificates____ A copy of my supporting affidavit that —
(a)
confirms my particulars set out in this Form;
(b)
states that I am sufficiently proficient in the English language to conduct any relevant proceedings or relevant appeal;
(c)
states that I have read and understood, and agree to abide by, the Code of Ethics;
(d)
states that I am not a foreign lawyer;
(e)
states that I have not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the capacity of a legal practitioner by whatever name called in any jurisdiction;
(f)
exhibits a copy of an order of the Singapore International Commercial Court or the appellate court (as defined in section 36O(1) of the Legal Profession Act 1966) permitting me to make submissions on a question of foreign law in, and on behalf of a party to —
(i)
any relevant proceedings under rule 3(2)(e) of the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014; or
(ii)
any relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e) of those Rules;
(g)
exhibits a document setting out my qualifications and experience in relation to the question of foreign law on which I am permitted to make submissions; and
(h)
exhibits an undertaking by me to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law.[S 755/2022 wef 01/10/2022][S 1041/2020 wef 02/01/2021] __________________Signature __________________Date [S 696/2018 wef 01/11/2018]FORM 4BAPPLICATION FOR RENEWAL OF REGISTRATION OF LAW EXPERTA.PERSONAL DETAILSFirst name:Last name:Passport number:Nationality:Date of birth:Law Expert Registration No.:B.CONTACT DETAILS (FOREIGN)Address of place of business (for service of any letter, notice or document):Contact number:Electronic mail address (for service of any letter, notice or document):C.CONTACT DETAILS (LOCAL) (if any)Address of place of business (for service of any letter, notice or document):Contact number:Electronic mail address (for service of any letter, notice or document):D.PRACTICE DETAILSName of law practice (if any) that employs or is affiliated with you:Designation:Please state the jurisdiction in which the above-named law practice provides legal services.Name of any other institution or organisation that employs or is affiliated with you:Designation:E.SERVICE OF DOCUMENTSI agree that —
(a)
any letter, notice or document may be served on me by the secretary of a complaints committee, the Secretariat for complaints committees or any other person —
(i)
in accordance with rule 27(1)(b) or (c) of the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014, at the address set out in Part B or C of this Form or any other address provided under rule 12G(3) of those Rules in place of that address; or
(ii)
in accordance with rule 27(1)(e) of those Rules, at the electronic mail address set out in Part B or C of this Form or any other electronic mail address provided under rule 12G(3) of those Rules in place of that electronic mail address; and
(b)
such service is to be treated as good and sufficient service of the letter, notice or document on me. Yes _____ No _____ F.DOCUMENTSI enclose the following document together with my application:____ A copy of my supporting affidavit that —
(a)
confirms my particulars set out in this Form;
(b)
states any changes to any information provided in support of my last application;
(c)
states that I have read and understood, and agree to abide by, the Code of Ethics;
(d)
states that I am not a foreign lawyer;
(e)
states that I have not been disbarred, struck off, suspended, ordered to pay a penalty, censured or reprimanded in the capacity of a legal practitioner by whatever name called in any jurisdiction;
(f)
states whether the registration that is the subject of this application, any earlier registration as a law expert granted to me under section 36PA of the Act, or any earlier full registration or restricted registration as a foreign lawyer granted to me under section 36P of the Act, has been cancelled or suspended and, if so, the details of and circumstances relating to the cancellation or suspension;
(g)
exhibits a copy of an order of the Singapore International Commercial Court or the appellate court (as defined in section 36O(1) of the Legal Profession Act 1966) permitting me to make submissions on a question of foreign law in, and on behalf of a party to —
(i)
any pending relevant proceedings under rule 3(2)(e) of the Legal Profession (Representation in Singapore International Commercial Court) Rules 2014; or
(ii)
any pending relevant appeal from any judgment given or order made in relevant proceedings under rule 3(2)(e) of those Rules;
(h)
exhibits a document setting out my qualifications and experience in relation to the question of foreign law on which I am permitted to make submissions; and
(i)
exhibits an undertaking by me to appear, and to give advice and prepare documents, only in those proceedings or in that appeal, and solely for the purposes of making submissions on that question of foreign law.[S 755/2022 wef 01/10/2022][S 1041/2020 wef 02/01/2021] __________________Signature __________________Date [S 696/2018 wef 01/11/2018]FORM 5NOTICE OF COMPLAINTS COMMITTEE HEARINGIN THE MATTER OF , A FOREIGN LAWYER REGISTERED UNDER SECTION 36P OF THE LEGAL PROFESSION ACTNOTICE OF COMPLAINTS COMMITTEE HEARING1. Notice is hereby given that the complaints committee proceedings against have been fixed for hearing on/from to .
2. The complaints committee will sit at the Supreme Court Building, and the hearing will begin on at a.m./p.m.Dated this day of 20 . (Signature) Secretary of complaints committee.FORM 6NOTICE OF COMPLAINTS COMMITTEE HEARINGIN THE MATTER OF , A LAW EXPERT REGISTERED UNDER SECTION 36PA OF THE LEGAL PROFESSION ACTNOTICE OF COMPLAINTS COMMITTEE HEARING 1. Notice is given that the complaints committee proceedings against have been fixed for hearing on/from to . 2. The complaints committee will sit at the Supreme Court Building, and the hearing will begin on at a.m./p.m. Dated 20 . (Signature) Secretary of complaints committee.[S 696/2018 wef 01/11/2018]
Schedule 3
Fees
THIRD SCHEDULERules 5(1), 6(1), 7(1), 8(1), 11(3), 12B(1), 12C(1) and 12F(3)FeesFirst columnSecond column1.Fee for application for full registration$3002.Fee for application for restricted registration$3003.Fee for application for renewal of full registration$3004.Fee for application for renewal of restricted registration$3004A.Fee for application for registration of law expert$3004B.Fee for application for renewal of registration of law expert$3005.Fee for issue of certified true copy of certificate of registration$8 per document plus $5 per page[S 696/2018 wef 01/11/2018]
Common questions
- What is Legal Profession (Representation in Singapore International Commercial Court) Rules 2014?
- Legal Profession (Representation in Singapore International Commercial Court) Rules 2014 is Singapore Subsidiary Legislation, cited as Subsidiary Legislation LPA-S851-2014 1966, currently marked in force and first recorded in 1966.
- Is Legal Profession (Representation in Singapore International Commercial Court) Rules 2014 still in force?
- Yes — Legal Profession (Representation in Singapore International Commercial Court) Rules 2014 is currently in force.
- When did Legal Profession (Representation in Singapore International Commercial Court) Rules 2014 take effect?
- Legal Profession (Representation in Singapore International Commercial Court) Rules 2014 was first recorded in 1966.
- How many regulations does Legal Profession (Representation in Singapore International Commercial Court) Rules 2014 have?
- Legal Profession (Representation in Singapore International Commercial Court) Rules 2014 contains 48 regulations.
- Where can I read the official version of Legal Profession (Representation in Singapore International Commercial Court) Rules 2014?
- The official text of Legal Profession (Representation in Singapore International Commercial Court) Rules 2014 is published at sso.agc.gov.sg.