Limited Liability Partnerships Act 2005 · 2020 Revised Edition · Part 6A · Register of Controllers
46. Meaning of “legal privilege”
Feedback & supportLast amended by an amending law of 2017.
For the purposes of this Part, information or a document is subject to legal privilege if —
it is a communication made between a lawyer and a client, or between a legal counsel acting as legal counsel and the legal counsel’s employer, in connection with the lawyer giving legal advice to the client or the legal counsel giving legal advice to the employer, as the case may be;
it is a communication made between 2 or more lawyers acting for a client, or 2 or more legal counsel acting as legal counsel for their employer, in connection with one or more of the lawyers giving legal advice to the client or one or more of the legal counsel giving legal advice to the employer, as the case may be;
it is a communication made —
between a client, or an employer of a legal counsel, and another person;
between a lawyer acting for a client and either the client or another person; or
between a legal counsel acting as such for the legal counsel’s employer and either the employer or another person,in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or employer (as the case may be) is or may be, or was or might have been, a party;
it is an item, or a document (including its contents), that is enclosed with or mentioned in any communication in paragraph (a) or (b) and that is made or prepared by any person in connection with a lawyer or legal counsel, or one or more of the lawyers or legal counsel, in either paragraph giving legal advice to the client or the employer of the legal counsel, as the case may be; or
it is an item, or a document (including its contents), that is enclosed with or mentioned in any communication in paragraph (c) and that is made or prepared by any person in connection with, and for the purposes of, any legal proceedings (including anticipated or pending legal proceedings) in which the client or the employer of the legal counsel (as the case may be) is or may be, or was or might have been, a party,but it is not any such communication, item or document that is made, prepared or held with the intention of furthering a criminal purpose.
In subsection (1) —
“client”, in relation to a lawyer, includes an agent of or other person representing a client and, if a client has died, a personal representative of the client;
“employer”, in relation to a legal counsel, includes —
if the employer is one of a number of corporations that are related to each other under section 6 of the Companies Act 1967, every corporation so related as if the legal counsel is also employed by each of the related corporations;
corporation
“corporation” means any body corporate formed or incorporated or existing in Singapore or outside Singapore and includes —(a)any limited liability partnership registered under this Act; and(b)any foreign company,but does not include —(c)any corporation sole;(d)any co-operative society; or(e)any registered trade union;
if the employer is a public agency within the meaning of section 128A(6) of the Evidence Act 1893 and the legal counsel is required as part of the legal counsel’s duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to any other public agency or agencies, the other public agency or agencies as if the legal counsel is also employed by the other public agency or each of the other public agencies; and
an employee or officer of the employer;
officer
“officer”, in relation to a limited liability partnership, means —(a)any manager of the limited liability partnership;(b)a receiver and manager of any part of the undertaking of the limited liability partnership appointed under a power contained in any instrument; or(c)any liquidator of the limited liability partnership appointed in a voluntary winding up,but does not include —(d)any receiver who is not also a manager;(e)any receiver and manager appointed by the General Division of the High Court; or(f)any liquidator appointed by the General Division of the High Court or by the creditors;
“lawyer” means a solicitor or a professional legal adviser, and includes an interpreter or other person who works under the supervision of a solicitor or a professional legal adviser;
“legal counsel” means a legal counsel as defined in section 3(7) of the Evidence Act 1893, and includes an interpreter or other person who works under the supervision of a legal counsel.[32E