Regulation 1
Citation
These Rules may be cited as the Legal Profession (Disciplinary Tribunal) Rules.
/akn/sg/act/sub_leg/1966/LPA-R2
Legal Profession (Disciplinary Tribunal) Rules
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- Type
- Subsidiary Legislation
- Status
- In force
- Enacted
- 1966
- Sections
- 27
Quick answer
About this subsidiary legislation
Legal Profession (Disciplinary Tribunal) Rules is Singapore Subsidiary Legislation, cited as Subsidiary Legislation LPA-R2 1966, currently marked in force and first recorded in 1966.
Regulation 2
Definitions
Amended byS 19/2022 wef 14/01/2022S 194/2022 wef 01/04/2022S 914/2022 wef 01/12/2022S 692/2015 wef 18/11/2015S 1042/2020 wef 02/01/2021S 1042/2020 wef 02/01/2021S 692/2015 wef 18/11/2015S 1042/2020 wef 02/01/2021S 692/2015 wef 18/11/2015S 19/2022 wef 14/01/2022S 914/2022 wef 01/12/2022S 692/2015 wef 18/11/2015S 19/2022 wef 14/01/2022S 914/2022 wef 01/12/2022S 692/2015 wef 18/11/2015S 914/2022 wef 01/12/2022S 692/2015 wef 18/11/2015S 19/2022 wef 14/01/2022S 914/2022 wef 01/12/2022S 692/2015 wef 18/11/2015
Subregulation 1
Amended byS 19/2022 wef 14/01/2022S 194/2022 wef 01/04/2022S 914/2022 wef 01/12/2022S 692/2015 wef 18/11/2015S 1042/2020 wef 02/01/2021S 1042/2020 wef 02/01/2021S 692/2015 wef 18/11/2015S 1042/2020 wef 02/01/2021S 692/2015 wef 18/11/2015S 19/2022 wef 14/01/2022S 914/2022 wef 01/12/2022S 692/2015 wef 18/11/2015S 19/2022 wef 14/01/2022S 914/2022 wef 01/12/2022S 692/2015 wef 18/11/2015S 914/2022 wef 01/12/2022S 692/2015 wef 18/11/2015S 19/2022 wef 14/01/2022S 914/2022 wef 01/12/2022
In these Rules, unless the context otherwise requires —
Definition
“complainant” means —
(a)
a person —
(i)
who has made a complaint to the Society under section 85(1); or
(ii)
who has made an application under section 82A(5) for permission for an investigation to be made into a complaint against a Judicial Service Officer, a Legal Service Officer, a PD Officer or a non-practising solicitor; or
(b)
in a case where any Supreme Court Judge, Judicial Commissioner, Senior Judge or International Judge or the Attorney‑General has referred to the Society any information touching upon the conduct of a solicitor under section 85(3), the Attorney‑General;
Amended byS 19/2022 wef 14/01/2022S 194/2022 wef 01/04/2022S 914/2022 wef 01/12/2022S 692/2015 wef 18/11/2015S 1042/2020 wef 02/01/2021
Definition
“complaint” means a complaint of the conduct of a Judicial Service Officer, a Legal Service Officer, a PD Officer, a regulated legal practitioner or a regulated non‑practitioner, and includes —
(a)
any information touching upon the conduct of a regulated legal practitioner that may be referred —
(i)
by any Supreme Court Judge, Judicial Commissioner, Senior Judge or International Judge, the Attorney‑General, the Director of Legal Services or the Institute under section 85(3); or
(ii)
by the Council under section 85(2);
(aa)any information touching upon the conduct of a regulated non‑practitioner that may be referred —
(i)
by any Supreme Court Judge, Judicial Commissioner, Senior Judge or International Judge, the Attorney‑General, the Director of Legal Services or the Institute under section 85(3) read with section 82B(3) or (4); or
(ii)
by the Council under section 85(2) read with section 82B(3) or (4); and
(b)
in a case where a Disciplinary Tribunal is appointed to investigate a complaint of misconduct against a Judicial Service Officer, a Legal Service Officer, a PD Officer or a non-practising solicitor pursuant to an application under section 82A(5), the affidavit referred to in section 82A(5) setting out the allegations of misconduct against the Judicial Service Officer, Legal Service Officer, PD Officer or non-practising solicitor;
Amended byS 1042/2020 wef 02/01/2021S 692/2015 wef 18/11/2015S 1042/2020 wef 02/01/2021S 692/2015 wef 18/11/2015S 19/2022 wef 14/01/2022S 914/2022 wef 01/12/2022S 692/2015 wef 18/11/2015S 19/2022 wef 14/01/2022S 914/2022 wef 01/12/2022
Definition
“Form” means a form set out in the Schedule and a form so numbered in the Schedule;
Definition
“identification number” means —
(a)
in the case of a person who is a citizen or permanent resident of Singapore and who has been issued with an identity card under the National Registration Act (Cap. 201), his Singapore identity card number (including the letters that form the prefix and suffix to the identity card number); or
(b)
in the case of any other person, the name of the country that issued his passport followed by his passport number;
Definition
“law practice” means any law practice entity other than a representative office;
Amended byS 692/2015 wef 18/11/2015
Definition
“non-practising solicitor” means a solicitor who does not, at the time of the misconduct that he is alleged to be guilty of, have in force a practising certificate;
Definition
“PD Officer” has the meaning given by section 82(3);
Amended byS 914/2022 wef 01/12/2022
Definition
“respondent” means the Judicial Service Officer, Legal Service Officer, PD Officer, regulated legal practitioner or regulated non‑practitioner in respect of whom a Disciplinary Tribunal has been appointed to hear and investigate a matter;
Amended byS 692/2015 wef 18/11/2015S 19/2022 wef 14/01/2022S 914/2022 wef 01/12/2022
Definition
“Secretariat” means the Secretariat established by the Supreme Court to provide administrative support to a Disciplinary Tribunal;
Definition
“Secretary” means the secretary of a Disciplinary Tribunal appointed by the Chief Justice under section 90(5);
Definition
“working day” means any day other than Saturday, Sunday or a public holiday.
Subregulation 2
Amended byS 692/2015 wef 18/11/2015
In these Rules —
(a)
a reference to a specified section is a reference to the section in the Act; and
(b)
where the complainant is the Attorney-General, a reference to the complainant’s solicitor includes a reference to the Attorney-General, a Deputy Attorney‑General, the Solicitor-General or any State Counsel.
Regulation 3
Commencement of Disciplinary Tribunal proceedings by Society
Amended byS 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015
Subregulation 1
Amended byS 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015
Where the Council applies to the Chief Justice under section 89(1) to appoint a Disciplinary Tribunal to hear and investigate a matter against a regulated legal practitioner, the Society shall, within 2 working days after the date the Council makes the application —
(a)
inform the Secretariat of the application to the Chief Justice; and
(b)
provide the Secretariat with the following information:
(i)
the full name of the regulated legal practitioner;
(ii)
such of the following as may be applicable:
(A)
the name of the law practice at which the regulated legal practitioner practises or last practised in Singapore;
(B)
if the regulated legal practitioner is a foreign lawyer who is registered under section 36D, the name of the Singapore law practice which the regulated legal practitioner is a director, partner or shareholder in, or shares in the profits of;
(iii)
such of the following as may be applicable:
(A)
the principal address and any other address or addresses at which the regulated legal practitioner practises or last practised in Singapore;
(B)
if the regulated legal practitioner is a foreign lawyer who is registered under section 36D, the principal address, and any other address or addresses, in Singapore of the Singapore law practice which the regulated legal practitioner is a director, partner or shareholder in, or shares in the profits of;
(iv)
such of the following as may be applicable:
(A)
the telephone and facsimile numbers of the office or offices at which the regulated legal practitioner practises or last practised in Singapore;
(B)
if the regulated legal practitioner is a foreign lawyer who is registered under section 36D, the telephone and facsimile numbers of the office or offices in Singapore of the Singapore law practice which the regulated legal practitioner is a director, partner or shareholder in, or shares in the profits of;
(v)
the Singapore residential address or addresses of the regulated legal practitioner;
(vi)
the Singapore residential telephone number or numbers of the regulated legal practitioner;
(vii)
the electronic mail address or addresses of the regulated legal practitioner;
(viii)
the identification number of the regulated legal practitioner;
(ix)
the charge or charges against the regulated legal practitioner;
(x)
the names of the members of any Review Committee or Inquiry Committee to which the matter against the regulated legal practitioner had been referred;
(xi)
the name and contact particulars of the solicitor appointed to represent the Society before the Disciplinary Tribunal.
Subregulation 2
Amended byS 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015
The solicitor appointed to represent the Society before the Disciplinary Tribunal shall, within 8 days after the date the Council makes the application, furnish the Secretariat with 5 copies of each of the following documents:
(a)
the complaint against the regulated legal practitioner;
(b)
the statement of the case in Form 1, specifying the charges and allegations that the regulated legal practitioner is required to answer.
Subregulation 3
Amended byS 692/2015 wef 18/11/2015
Where the Council applies to the Chief Justice under section 89(1) read with section 82B(3) or (4) to appoint a Disciplinary Tribunal to hear and investigate a matter against a regulated non‑practitioner, the Society must, within 2 working days after the date the Council makes the application —
(a)
inform the Secretariat of the application to the Chief Justice; and
(b)
provide the Secretariat with the following information:
(i)
the full name of the regulated non‑practitioner;
(ii)
the name of the law practice which the regulated non‑practitioner is a director, partner or shareholder in, or shares in the profits of;
(iii)
the principal address, and any other address or addresses, in Singapore of that law practice;
(iv)
the telephone and facsimile numbers of the office or offices in Singapore of that law practice;
(v)
the Singapore residential address or addresses of the regulated non‑practitioner;
(vi)
the Singapore residential telephone number or numbers of the regulated non‑practitioner;
(vii)
the electronic mail address or addresses of the regulated non‑practitioner;
(viii)
the identification number of the regulated non‑practitioner;
(ix)
the charge or charges against the regulated non‑practitioner;
(x)
the names of the members of any Review Committee or Inquiry Committee to which the matter against the regulated non‑practitioner had been referred;
(xi)
the name and contact particulars of the solicitor appointed to represent the Society before the Disciplinary Tribunal.
Subregulation 4
Amended byS 692/2015 wef 18/11/2015
The solicitor appointed to represent the Society before the Disciplinary Tribunal must, within 8 days after the date the Council makes the application, furnish the Secretariat with 5 copies of each of the following documents:
(a)
the complaint against the regulated non‑practitioner;
(b)
the statement of the case in Form 1, specifying the charges and allegations that the regulated non‑practitioner is required to answer.
Regulation 4
Commencement of Disciplinary Tribunal proceedings by complainant
Amended byS 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 1042/2020 wef 02/01/2021S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 1042/2020 wef 02/01/2021S 692/2015 wef 18/11/2015
Subregulation 1
Amended byS 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 1042/2020 wef 02/01/2021
Where, on an application by a complainant under section 96(1), a Supreme Court Judge makes an order under section 96(4)(b) directing the Society to apply to the Chief Justice for the appointment of a Disciplinary Tribunal, the Society shall, within 2 working days after the date it makes the application to the Chief Justice —
(a)
inform the Secretariat of the application to the Chief Justice; and
(b)
provide the Secretariat with the following information:
(i)
the full name of the regulated legal practitioner concerned;
(ii)
such of the following as may be applicable:
(A)
the name of the law practice at which the regulated legal practitioner practises or last practised in Singapore;
(B)
if the regulated legal practitioner is a foreign lawyer who is registered under section 36D, the name of the Singapore law practice which the regulated legal practitioner is a director, partner or shareholder in, or shares in the profits of;
(iii)
such of the following as may be applicable:
(A)
the principal address and any other address or addresses at which the regulated legal practitioner practises or last practised in Singapore;
(B)
if the regulated legal practitioner is a foreign lawyer who is registered under section 36D, the principal address, and any other address or addresses, in Singapore of the Singapore law practice which the regulated legal practitioner is a director, partner or shareholder in, or shares in the profits of;
(iv)
such of the following as may be applicable:
(A)
the telephone and facsimile numbers of the office or offices at which the regulated legal practitioner practises or last practised in Singapore;
(B)
if the regulated legal practitioner is a foreign lawyer who is registered under section 36D, the telephone and facsimile numbers of the office or offices in Singapore of the Singapore law practice which the regulated legal practitioner is a director, partner or shareholder in, or shares in the profits of;
(v)
the Singapore residential address or addresses of the regulated legal practitioner;
(vi)
the Singapore residential telephone number or numbers of the regulated legal practitioner;
(vii)
the electronic mail address or addresses of the regulated legal practitioner;
(viii)
the identification number of the regulated legal practitioner;
(ix)
a copy of the complaint against the regulated legal practitioner;
(x)
the names of the members of any Review Committee or Inquiry Committee to which the matter against the regulated legal practitioner had been referred;
(xi)
the name and contact particulars of the complainant and of the complainant’s solicitor, if any.
Subregulation 2
Amended byS 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015
The complainant shall, within 8 days after the date the Judge makes the order under section 96(4)(b) directing the Society to apply to the Chief Justice for the appointment of a Disciplinary Tribunal —
(a)
provide the Secretariat with the name and contact particulars of his solicitor and an address for the service of documents; and
(b)
furnish the Secretariat with 5 copies of each of the following documents:
(i)
the complaint against the regulated legal practitioner;
(ii)
the statement of the case in Form 1, specifying the charges and allegations that the regulated legal practitioner is required to answer.
Subregulation 3
Amended byS 692/2015 wef 18/11/2015S 1042/2020 wef 02/01/2021
Where, on an application by a complainant under section 96(1) read with section 82B(3) or (4), a Supreme Court Judge makes an order under section 96(4)(b) read with section 82B(3) or (4) directing the Society to apply to the Chief Justice for the appointment of a Disciplinary Tribunal, the Society must, within 2 working days after the date it makes the application to the Chief Justice —
(a)
inform the Secretariat of the application to the Chief Justice; and
(b)
provide the Secretariat with the following information:
(i)
the full name of the regulated non‑practitioner concerned;
(ii)
the name of the law practice which the regulated non‑practitioner is a director, partner or shareholder in, or shares in the profits of;
(iii)
the principal address, and any other address or addresses, in Singapore of that law practice;
(iv)
the telephone and facsimile numbers of the office or offices in Singapore of that law practice;
(v)
the Singapore residential address or addresses of the regulated non‑practitioner;
(vi)
the Singapore residential telephone number or numbers of the regulated non‑practitioner;
(vii)
the electronic mail address or addresses of the regulated non‑practitioner;
(viii)
the identification number of the regulated non‑practitioner;
(ix)
a copy of the complaint against the regulated non‑practitioner;
(x)
the names of the members of any Review Committee or Inquiry Committee to which the matter against the regulated non‑practitioner had been referred;
(xi)
the name and contact particulars of the complainant and of the complainant’s solicitor, if any.
Subregulation 4
Amended byS 692/2015 wef 18/11/2015
The complainant must, within 8 days after the date the Judge makes the order under section 96(4)(b) read with section 82B(3) or (4) directing the Society to apply to the Chief Justice for the appointment of a Disciplinary Tribunal —
(a)
provide the Secretariat with the name and contact particulars of the complainant’s solicitor and an address for the service of documents; and
(b)
furnish the Secretariat with 5 copies of each of the following documents:
(i)
the complaint against the regulated non‑practitioner;
(ii)
the statement of the case in Form 1, specifying the charges and allegations that the regulated non‑practitioner is required to answer.
Regulation 5
Commencement of Disciplinary Tribunal proceedings against Judicial Service Officers, Legal Service Officers, PD Officers and non-practising solicitors
Amended byS 19/2022 wef 14/01/2022S 914/2022 wef 01/12/2022S 19/2022 wef 14/01/2022S 914/2022 wef 01/12/2022S 19/2022 wef 14/01/2022S 914/2022 wef 01/12/2022S 692/2015 wef 18/11/2015S 19/2022 wef 14/01/2022S 194/2022 wef 01/04/2022S 914/2022 wef 01/12/2022
Where, on an application by a complainant under section 82A(5) for permission for an investigation to be made into a complaint against a Judicial Service Officer, a Legal Service Officer, a PD Officer or a non-practising solicitor, the Chief Justice grants such permission and appoints a Disciplinary Tribunal, the complainant shall —
(a)
within 2 working days after such permission is granted, provide the Secretariat with the following information relating to the Judicial Service Officer, Legal Service Officer, PD Officer or solicitor concerned:
(i)
his full name;
(ii)
the name of the organisation at which he works;
(iii)
his appointment or designation in the organisation at which he works;
(iv)
the principal address and any other address or addresses at which he works;
(v)
the telephone and facsimile numbers of the office or offices at which he works;
(vi)
his Singapore residential address or addresses, if available;
(vii)
his Singapore residential telephone number or numbers, if available;
(viii)
his electronic mail address or addresses, if available;
(ix)
his identification number, if available; and
(b)
within 8 days after such permission is granted —
(i)
provide the Secretariat with the name and contact particulars of his solicitor and an address for the service of documents; and
(ii)
furnish the Secretariat with 5 copies of each of the following documents:
(A)
the affidavit referred to in section 82A(5) setting out the allegations of misconduct against the Judicial Service Officer, Legal Service Officer, PD Officer or solicitor concerned;
(B)
the statement of the case in Form 2, specifying the charges and allegations that the Judicial Service Officer, Legal Service Officer, PD Officer or solicitor concerned is required to answer.
Regulation 6
Documents to be forwarded by Secretary
As soon as is practicable after the appointment of a Disciplinary Tribunal, the Secretary shall —
(a)
forward to the Disciplinary Tribunal and to the respondent a copy each of —
(i)
the notice in Form 3;
(ii)
the complaint against the respondent; and
(iii)
the statement of the case specifying the charges and allegations that the respondent is required to answer; and
(b)
forward to the solicitor for the Society or the complainant, as the case may be, a copy of the notice in Form 3.
Regulation 7
Representation
Amended byS 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015
Subregulation 1
The respondent may appear before the Disciplinary Tribunal either in person or by a solicitor.
Subregulation 2
Amended byS 692/2015 wef 18/11/2015
Subject to paragraph (3), where the Disciplinary Tribunal proceedings are commenced pursuant to an application by a complainant under section 82A(5) or 96(1), or under section 96(1) read with section 82B(3) or (4), the complainant shall employ a solicitor and be represented by the solicitor in the conduct of proceedings before the Disciplinary Tribunal.
Subregulation 3
Amended byS 692/2015 wef 18/11/2015
Where the complainant is the Attorney-General, the Attorney-General may act in person, or be represented by a Deputy Attorney‑General, the Solicitor-General or any State Counsel, in the conduct of any Disciplinary Tribunal proceedings commenced pursuant to an application under section 82A(5) or 96(1), or under section 96(1) read with section 82B(3) or (4).
Regulation 8
Defence
The respondent shall, within 14 days after the date the notice in Form 3 is served on him, furnish —
(a)
the Secretary with 5 copies of his defence; and
(b)
every other party with one copy of his defence.
Regulation 9
Discovery
Subregulation 1
Each party shall, within 28 days after the date of the notice in Form 3, furnish —
(a)
the Secretary with 5 copies of the list of documents on which he intends to rely; and
(b)
every other party with one copy of the list of documents on which he intends to rely.
Subregulation 2
Any party may inspect the documents included in the list furnished by any other party within 14 days after the date the list is furnished.
Subregulation 3
A copy of any document mentioned in the list furnished by any party shall, on application and on payment by the party requiring it of the proper charges, be furnished to that party by the other within 3 days after receipt of such application.
Regulation 10
Evidence
Amended byS 194/2022 wef 01/04/2022
Subregulation 1
At a Disciplinary Tribunal hearing, the evidence in chief of a witness shall be given by way of affidavit.
Subregulation 2
Unless the Disciplinary Tribunal otherwise orders or the parties otherwise agree, the witness shall attend the Disciplinary Tribunal hearing for cross-examination.
Subregulation 3
Amended byS 194/2022 wef 01/04/2022
Where a witness does not attend the Disciplinary Tribunal hearing for cross-examination, his affidavit shall not be received in evidence unless —
(a)
the Disciplinary Tribunal gives permission for his affidavit to be received in evidence; or
(b)
his attendance at the hearing has been dispensed with by order of the Disciplinary Tribunal or by agreement between the parties.
Subregulation 4
Unless the Disciplinary Tribunal otherwise orders, the evidence in chief of all witnesses shall be limited to one affidavit for each witness.
Subregulation 5
Every party shall, within 2 months after the date of the notice in Form 3, furnish —
(a)
the Secretary with —
(i)
5 copies of each of the affidavits of evidence in chief of his witnesses;
(ii)
5 copies of the bundle of documents that he will be relying on or referring to in the course of the Disciplinary Tribunal hearing; and
(iii)
5 copies of the bundle of authorities that he will be relying on or referring to in the course of the Disciplinary Tribunal hearing; and
(b)
every other party with —
(i)
one copy of each of the affidavits of evidence in chief referred to in sub-paragraph (a)(i);
(ii)
one copy of the bundle of documents referred to in sub-paragraph (a)(ii); and
(iii)
one copy of the bundle of authorities referred to in sub-paragraph (a)(iii).
Regulation 11
Orders to attend court and orders to produce documents
Amended byS 274/2013 wef 01/05/2013S 692/2015 wef 18/11/2015S 194/2022 wef 01/04/2022
A request for an order to attend court or an order to produce documents under section 91(2), or under section 91(2) read with section 82B(3) or (4), shall be made at the Registry of the Supreme Court in accordance with Order 15, Rule 4 of the Rules of Court 2021 (G.N. No. S 914/2021).
Regulation 12
Disciplinary Tribunal may give directions by letter
Subregulation 1
The Disciplinary Tribunal may give the parties directions for the conduct of the matter by way of a letter served in accordance with rule 19.
Subregulation 2
A letter containing the directions of the Disciplinary Tribunal may be signed by the Secretary or, in his absence, by an officer who is authorised to perform the duties of the Head of the Secretariat.
Regulation 13
Pre-hearing conferences
The Disciplinary Tribunal may, of its own motion or on the application of any party, direct the parties to attend a pre-hearing conference, in order that it may make such orders or give such directions as it thinks fit for the just, expeditious and economical disposal of the matter.
Regulation 14
Convening of Disciplinary Tribunal hearing
Subregulation 1
Unless the Disciplinary Tribunal otherwise orders, the Disciplinary Tribunal hearing shall be convened within 4 months after the date the Disciplinary Tribunal is appointed.
Subregulation 2
The Secretary shall notify the parties of the date or dates fixed for the Disciplinary Tribunal hearing by serving a notice of the hearing in Form 4.
Regulation 15
Disciplinary Tribunal to hear applications in private
Amended byS 692/2015 wef 18/11/2015S 194/2022 wef 01/04/2022S 194/2022 wef 01/04/2022
Subregulation 1
Amended byS 692/2015 wef 18/11/2015S 194/2022 wef 01/04/2022
The Disciplinary Tribunal shall hear all matters in private and shall, on completion of the proceedings, record its findings and opinion in the form of a report under section 82A(7) or 93(4), or under section 93(4) read with section 82B(3) or (4), as the case may be.
Subregulation 2
The Disciplinary Tribunal may permit a person whom it considers, in its discretion, to be an interested party to be present in person or by his solicitor.
Regulation 16
Failure to appear
If the respondent fails to appear at the Disciplinary Tribunal hearing, the Disciplinary Tribunal may, upon proof of service on the respondent of the notice of the hearing in Form 4, proceed to hear and determine the Disciplinary Tribunal proceedings in his absence.
Regulation 17
Adjournments
The Disciplinary Tribunal may, of its own motion or upon the application of any party, adjourn the Disciplinary Tribunal hearing as the Disciplinary Tribunal thinks fit.
Regulation 18
Amendments of or additions to statement of case
Subregulation 1
If it appears to the Disciplinary Tribunal that the allegations in a statement of the case should be amended or added to, the Disciplinary Tribunal may permit the amendment of or addition to the statement of the case.
Subregulation 2
If the amendment or addition is allowed at the Disciplinary Tribunal hearing, and the amendment or addition is such as to take any party by surprise or prejudice the conduct of his case, the Disciplinary Tribunal shall grant an adjournment of the Disciplinary Tribunal hearing as the Disciplinary Tribunal thinks fit.
Subregulation 3
If the Disciplinary Tribunal permits the amendment of or addition to the statement of the case, the Disciplinary Tribunal shall also permit the respondent to amend his defence.
Regulation 19
Service of letters, notices and documents
Amended byS 19/2022 wef 14/01/2022S 914/2022 wef 01/12/2022S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 19/2022 wef 14/01/2022S 914/2022 wef 01/12/2022S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015
Subregulation 1
Amended byS 19/2022 wef 14/01/2022S 914/2022 wef 01/12/2022S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 19/2022 wef 14/01/2022S 914/2022 wef 01/12/2022S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015
Service of any letter, notice or document on the respondent may be effected by —
(a)
serving the letter, notice or document personally on the respondent;
(b)
leaving the letter, notice or document in an envelope addressed to the respondent —
(i)
where the respondent is a Judicial Service Officer, Legal Service Officer, PD Officer or non-practising solicitor, at the principal address at which he works and, if available, his Singapore residential address;
(ii)
where the respondent is a solicitor who has ceased to practise, at the principal address at which he last practised in Singapore and his Singapore residential address according to the records maintained by the Supreme Court; (iii)where the respondent is a solicitor who is still practising, at the principal address at which he practises in Singapore;
(iv)
where the respondent is a regulated foreign lawyer who has ceased to practise in Singapore, at the principal address at which the respondent last practised in Singapore;
(v)
where the respondent is a regulated foreign lawyer who is still practising in Singapore, at the principal address at which the respondent practises in Singapore; or
(vi)
where the respondent is a foreign lawyer registered under section 36D, or is a regulated non‑practitioner, at the principal address of the law practice which the respondent is a director, partner or shareholder in, or shares in the profits of;
(c)
sending the letter, notice or document by registered or ordinary post to the respondent —
(i)
where the respondent is a Judicial Service Officer, Legal Service Officer, PD Officer or non-practising solicitor, at the principal address at which he works and, if available, his Singapore residential address;
(ii)
where the respondent is a solicitor who has ceased to practise, at the principal address at which he last practised in Singapore and his Singapore residential address according to the records maintained by the Supreme Court; (iii)where the respondent is a solicitor who is still practising, at the principal address at which he practises in Singapore; (iv)where the respondent is a regulated foreign lawyer who has ceased to practise in Singapore, at the principal address at which the respondent last practised in Singapore;
(v)
where the respondent is a regulated foreign lawyer who is still practising in Singapore, at the principal address at which the respondent practises in Singapore; or
(vi)
where the respondent is a foreign lawyer registered under section 36D, or is a regulated non‑practitioner, at the principal address of the law practice which the respondent is a director, partner or shareholder in, or shares in the profits of; or
(d)
serving the letter, notice or document on the respondent’s solicitor, if any.
Subregulation 2
When the Secretary or the Secretariat serves any letter, notice or document on the respondent in accordance with paragraph (1)(a), (b), (c) or (d), such service shall be deemed to be good and sufficient service of the letter, notice or document on the respondent.
Subregulation 3
When the Secretary or the Secretariat serves any letter, notice or document on the respondent in accordance with paragraph (1)(b), such service shall be deemed to be effected on the date the letter, notice or document is left at the address concerned or, where there is more than one address, at all of the addresses concerned.
Subregulation 4
When the Secretary or the Secretariat serves any letter, notice or document on the respondent in accordance with paragraph (1)(c), such service shall be deemed to be effected on the date the letter, notice or document is delivered by the postal authority to the respondent, or 4 working days after the date the letter, notice or document is posted, whichever is earlier.
Subregulation 5
Amended byS 692/2015 wef 18/11/2015
Where the Disciplinary Tribunal proceedings are commenced pursuant to an application by a complainant under section 82A(5) or 96(1), or under section 96(1) read with section 82B(3) or (4), service of any letter, notice or document on the complainant may be effected by —
(a)
leaving the letter, notice or document in an envelope addressed to the complainant at any address provided by the complainant for the service of documents;
(b)
sending the letter, notice or document by registered or ordinary post to the complainant at any address provided by the complainant for the service of documents; or
(c)
serving the letter, notice or document on the complainant’s solicitor, if any.
Subregulation 6
Where the Disciplinary Tribunal, on the application or instigation of any party, orders or directs the Secretariat to serve a letter, notice or document in a manner that is not prescribed in this rule, that party shall bear the expenses incurred or to be incurred by the Secretariat in effecting service in the manner ordered or directed by the Disciplinary Tribunal.
Regulation 20
Failure to comply with directions or orders
If any party fails to comply with —
(a)
any of the directions contained in these Rules; or
(b)
any order made or direction given by the Disciplinary Tribunal,the Disciplinary Tribunal may, in its discretion, draw such inferences from the failure as it considers appropriate.
Regulation 21
Disciplinary Tribunal may dispense with certain matters
The Disciplinary Tribunal may dispense with any requirements of these Rules relating to letters, notices, documents, service or time, in any case where it appears to the Disciplinary Tribunal to be just to do so.
Regulation 22
Extension of time
The Disciplinary Tribunal may extend the period for doing anything under these Rules, notwithstanding that the application for extension is not made until after the expiration of that period.
Regulation 23
Application of Evidence Act
Subregulation 1
The Evidence Act (Cap. 97) shall apply to proceedings before the Disciplinary Tribunal in the same manner as it applies to civil and criminal proceedings.
Subregulation 2
The Disciplinary Tribunal may, in its discretion, accept as conclusive a finding of fact of a court of competent jurisdiction in Singapore to which proceedings the respondent was a party.
Regulation 24
Costs
Amended byS 19/2022 wef 14/01/2022S 914/2022 wef 01/12/2022S 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015
Subregulation 1
Amended byS 19/2022 wef 14/01/2022S 914/2022 wef 01/12/2022
The Disciplinary Tribunal shall have no power to award costs to or against a Judicial Service Officer, Legal Service Officer, PD Officer or non-practising solicitor in any Disciplinary Tribunal proceedings commenced against the Judicial Service Officer, Legal Service Officer, PD Officer or non-practising solicitor.
Subregulation 2
Amended byS 692/2015 wef 18/11/2015
Except as provided in section 93(2) and (2A), the Disciplinary Tribunal shall have no power to award costs to or against a regulated legal practitioner in any Disciplinary Tribunal proceedings commenced against the regulated legal practitioner.
Subregulation 3
Amended byS 692/2015 wef 18/11/2015
Except as provided in section 93(2) and (2A) read with section 82B(3) or (4), the Disciplinary Tribunal has no power to award costs to or against a regulated non‑practitioner in any Disciplinary Tribunal proceedings commenced against the regulated non‑practitioner.
Regulation 25
Fees relating to record of proceedings
Amended byS 692/2015 wef 18/11/2015S 692/2015 wef 18/11/2015
Subregulation 1
Amended byS 692/2015 wef 18/11/2015
The fee payable under section 93(6), or under section 93(6) read with section 82B(3) or (4), for a copy of the record of proceedings of a Disciplinary Tribunal shall comprise —
(a)
a processing charge of —
(i)
$30, in a case where the copy is to be made available within 3 working days 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
Amended byS 692/2015 wef 18/11/2015
Where the Secretary is required under section 97(3), or under section 97(3) read with section 82B(3) or (4), to file in court the record of proceedings of a Disciplinary Tribunal for the purposes of an application under section 97(1), or under section 97(1) read with section 82B(3) or (4), the person making the application shall reimburse the Secretariat for all court fees incurred by the Secretariat in connection with the filing of the record of proceedings.
Regulation 26
Procedure
Amended byS 692/2015 wef 18/11/2015
Subregulation 1
Subject to these Rules, the Disciplinary Tribunal shall have power to regulate its own proceedings, and in doing so, the Disciplinary Tribunal shall have regard to the practice and procedure of the courts.
Subregulation 2
Amended byS 692/2015 wef 18/11/2015
Where a Disciplinary Tribunal has been appointed under section 90(2), or under section 90(2) read with section 82B(3) or (4), in connection with 2 or more matters involving the same respondent, the Disciplinary Tribunal may hear the matters at the same time or one immediately after another.
Regulation 27
Transitional provision
Notwithstanding the revocation of the Legal Profession (Disciplinary Committee Proceedings) Rules (R 2, 2003 Ed.), the revoked Rules shall continue to apply to any proceedings before any Disciplinary Committee appointed by the Chief Justice before 1st December 2008 as if those Rules had not been revoked.
Common questions
- What is Legal Profession (Disciplinary Tribunal) Rules?
- Legal Profession (Disciplinary Tribunal) Rules is Singapore Subsidiary Legislation, cited as Subsidiary Legislation LPA-R2 1966, currently marked in force and first recorded in 1966.
- Is Legal Profession (Disciplinary Tribunal) Rules still in force?
- Yes — Legal Profession (Disciplinary Tribunal) Rules is currently in force.
- When did Legal Profession (Disciplinary Tribunal) Rules take effect?
- Legal Profession (Disciplinary Tribunal) Rules was first recorded in 1966.
- How many regulations does Legal Profession (Disciplinary Tribunal) Rules have?
- Legal Profession (Disciplinary Tribunal) Rules contains 27 regulations.
- Where can I read the official version of Legal Profession (Disciplinary Tribunal) Rules?
- The official text of Legal Profession (Disciplinary Tribunal) Rules is published at sso.agc.gov.sg.