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In forceAmended2010 Revised Edition
Contents

Subsidiary Legislation

Legal Profession (Disciplinary Tribunal) Rules

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Official textFrom Singapore Statutes Online, unchanged

reg 1Citation

These Rules may be cited as the Legal Profession (Disciplinary Tribunal) Rules.

Subregulation 1

In these Rules, unless the context otherwise requires —

“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;

“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;

“Form” means a form set out in the Schedule and a form so numbered in the Schedule;

“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;

“law practice” means any law practice entity other than a representative office;

“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;

“party” means a party to the Disciplinary Tribunal proceedings;

“PD Officer” has the meaning given by section 82(3);

“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;

“Secretariat” means the Secretariat established by the Supreme Court to provide administrative support to a Disciplinary Tribunal;

“Secretary” means the secretary of a Disciplinary Tribunal appointed by the Chief Justice under section 90(5);

“working day” means any day other than Saturday, Sunday or a public holiday.

Subregulation 2

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.

reg 3Commencement of Disciplinary Tribunal proceedings by Society

(1)

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.

(2)

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.

(3)

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.

(4)

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.

Subregulation 1

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

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

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

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.

reg 4Commencement of Disciplinary Tribunal proceedings by complainant

(1)

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.

(2)

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.

(3)

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.

(4)

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.

Subregulation 1

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

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

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

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.

reg 5Commencement of Disciplinary Tribunal proceedings against Judicial Service Officers, Legal Service Officers, PD Officers and non-practising solicitors

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.

Read on from reg 6