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Part 2 · Registration of Foreign Lawyer Under Section 36P of Act

4. Qualifications and requirements for registration and renewal of registration

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Amended

Last amended by an amending law of 2022. 2 amendments in all.

(1)

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.

(2)

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.

(3)

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.

(4)

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.

Subregulation 1

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

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

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

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.

Report

Part 2A

Registration of Law Expert Under Section 36PA of Act

Part 3

Complaints Against Registered Foreign Lawyers and Registered Law Experts

Part 4

General

Schedules