Singapore legislation

Regulation 2

of Legal Profession (Disciplinary Tribunal) Rules

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

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

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.