Interpretation of this Part
Open ↗36O.—(1) In this Part, unless the context otherwise requires —“appellate court” means the court to which an appeal against a decision of the Singapore International Commercial Court is to be made under section 29C of the Supreme Court of Judicature Act 1969;
“appointing committee” means an appointing committee appointed in accordance with section 36Q;
“complaints committee” means a complaints committee appointed under section 36S(5);
“instructing authority” means a person appointed by the Minister under section 36R(1) as the instructing authority for the purposes specified in that provision;
“Judge” means a Supreme Court Judge, a Judicial Commissioner or a Senior Judge;
“law expert” —(a)
means an individual —(i)
who has specialised knowledge, based on training, study or experience, on matters of foreign law, or is otherwise qualified to submit on matters of foreign law; and
(ii)
whom the Singapore International Commercial Court or the appellate court specifies, in an order that a question of foreign law be determined on the basis of submissions instead of proof, may make submissions on that question of law; but
(b)
excludes all of the following:(i)
an advocate and solicitor who has in force a practising certificate;
(ii)
a person who is admitted under section 15;
(iii)
a foreign lawyer who is registered under section 36P;
“relevant appeal” means such appeal, from any judgment given or order made by the Singapore International Commercial Court, as may be prescribed for the purposes of this definition;
“relevant proceedings” means such proceedings in the Singapore International Commercial Court as may be prescribed for the purposes of this definition;
“Singapore International Commercial Court” means the division of the General Division of the High Court constituted under section 18A of the Supreme Court of Judicature Act 1969.[40/2014; 22/2018; 40/2019]
(2) For the purposes of sections 36S, 36T, 36U and 36Y, a reference to a foreign lawyer who is registered under section 36P includes a foreign lawyer whose registration under section 36P is cancelled or suspended, or lapses, after the commencement of proceedings under section 36S against the foreign lawyer.[40/2014]
(3) For the purposes of sections 36S, 36T, 36U and 36Y, a reference to a law expert who is registered under section 36PA includes a law expert whose registration under section 36PA is cancelled or suspended, or lapses, after the commencement of proceedings under section 36S against the law expert.[22/2018]
Registration of foreign lawyer to act in relation to relevant proceedings
Open ↗36P.—(1) Despite anything to the contrary in this Act, but without affecting section 15, a foreign lawyer who is registered under this section may, if granted full registration under this section, do all or any of the following:(a)
appear and plead —(i)
in any relevant proceedings; or
(ii)
in any proceedings that are preliminary to any relevant proceedings;[Act 25 of 2021 wef 01/04/2022]
(b)
appear and plead in the appellate court —(i)
in any relevant appeal; or
(ii)
in any proceedings that are preliminary to a relevant appeal;[Act 25 of 2021 wef 01/04/2022]
(c)
represent any party to —(i)
any relevant proceedings or relevant appeal in any matter concerning those proceedings or that appeal, as the case may be; or
(ii)
any proceedings that are preliminary to any relevant proceedings or relevant appeal in any matter concerning those preliminary proceedings;[Act 25 of 2021 wef 01/04/2022]
(d)
give advice, prepare documents and provide any other assistance in relation to or arising out of —(i)
any relevant proceedings or relevant appeal; or
(ii)
any proceedings that are preliminary to any relevant proceedings or relevant appeal.[40/2014; 22/2018; 40/2019]
[Act 25 of 2021 wef 01/04/2022]
(1A) However, a foreign lawyer granted full registration under this section may not, in any relevant proceedings or relevant appeal, or any proceedings that are preliminary to any relevant proceedings or relevant appeal, prescribed for the purpose of this subsection —(a)
plead any matter without the permission of the Singapore International Commercial Court or the appellate court, as the case may be; or
(b)
make a submission on any matter of Singapore law,
except as otherwise prescribed.
[Act 8 of 2022 wef 01/10/2022]
(1B) In considering whether to grant permission under subsection (1A)(a), the Singapore International Commercial Court or the appellate court (as the case may be) may take into account any relevant factor, including the prescribed factors.[Act 8 of 2022 wef 01/10/2022]
(2) Despite anything to the contrary in this Act, but without affecting section 15, a foreign lawyer who is registered under this section may, if granted restricted registration under this section, do all or any of the following:(a)
appear in any relevant proceedings, solely for the purposes of making submissions on such matters of foreign law as are permitted by the Singapore International Commercial Court, or the appellate court, in accordance with the Rules of Court;
(b)
appear in the appellate court in any relevant appeal, solely for the purposes of making submissions on such matters of foreign law as are permitted by the Singapore International Commercial Court, or the appellate court, in accordance with the Rules of Court;
(c)
give advice and prepare documents, solely for the purposes of making submissions, in any relevant proceedings or relevant appeal, on such matters of foreign law as are permitted by the Singapore International Commercial Court, or the appellate court, in accordance with the Rules of Court.[40/2014; 22/2018; 40/2019]
(3) An application may be made for a foreign lawyer to be registered under this section, if the foreign lawyer possesses such qualifications and satisfies such requirements as may be prescribed.[40/2014]
(4) For the purposes of subsection (3), different qualifications and requirements may be prescribed for a foreign lawyer to be granted full registration under this section, and for a foreign lawyer to be granted restricted registration under this section.[40/2014]
(5) An application for a foreign lawyer to be registered under this section must be —(a)
made to the Registrar in such form and manner as may be prescribed; and
(b)
accompanied by such fee, undertakings, documents and information as may be prescribed.[40/2014]
(6) The Registrar may register a foreign lawyer under this section subject to any conditions that the Registrar may think fit to impose in any particular case.[40/2014]
(7) A Judge may, of the Judge’s own motion or on the application of any interested party, order that a foreign lawyer have the foreign lawyer’s full registration or restricted registration under this section cancelled, if —(a)
the foreign lawyer does not possess any qualification referred to in subsection (3) for full registration or restricted registration (as the case may be) under this section;
(b)
the foreign lawyer does not satisfy any requirement referred to in subsection (3) for full registration or restricted registration (as the case may be) under this section;
(c)
the foreign lawyer fails to comply with any condition imposed under subsection (6);
(d)
the foreign lawyer has 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; or
(e)
the Judge is satisfied that the foreign lawyer should not have been registered under this section.[40/2014]
(8) The Judge, before making an order under subsection (7), is to give the foreign lawyer a reasonable opportunity to be heard by the Judge.[40/2014]
(9) An International Judge may, in the course of any relevant proceedings before the International Judge, of the International Judge’s own motion or on the application of any interested party, order that a foreign lawyer who appears in those proceedings have the foreign lawyer’s full registration or restricted registration under this section cancelled, if —(a)
the foreign lawyer does not possess any qualification referred to in subsection (3) for full registration or restricted registration (as the case may be) under this section;
(b)
the foreign lawyer does not satisfy any requirement referred to in subsection (3) for full registration or restricted registration (as the case may be) under this section;
(c)
the foreign lawyer fails to comply with any condition imposed under subsection (6);
(d)
the foreign lawyer has 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; or
(e)
the International Judge is satisfied that the foreign lawyer should not have been registered under this section.[40/2014; 40/2019]
(10) The International Judge, before making an order under subsection (9), is to give the foreign lawyer a reasonable opportunity to be heard by the International Judge.[40/2014; 40/2019]
(11) No appeal lies from —(a)
any order made by a Judge under subsection (7); or
(b)
any order made by an International Judge under subsection (9).[40/2014; 40/2019]
Registration of law expert to act in relation to relevant proceedings
Open ↗36PA.—(1) Despite anything to the contrary in this Act, a law expert who is registered under this section may do all or any of the following:(a)
appear in any relevant proceedings, solely for the purposes of making submissions on such matters of foreign law as are permitted by the Singapore International Commercial Court, or the appellate court, in accordance with the Rules of Court;
(b)
appear in the appellate court in any relevant appeal, solely for the purposes of making submissions on such matters of foreign law as are permitted by the Singapore International Commercial Court, or the appellate court, in accordance with the Rules of Court;
(c)
give advice and prepare documents, solely for the purposes of making submissions, in any relevant proceedings or relevant appeal, on such matters of foreign law as are permitted by the Singapore International Commercial Court, or the appellate court, in accordance with the Rules of Court.[22/2018; 40/2019]
(2) An application may be made for a law expert to be registered under this section, if the law expert possesses such qualifications and satisfies such requirements as may be prescribed.[22/2018]
(3) An application for a law expert to be registered under this section must be —(a)
made to the Registrar in such form and manner as may be prescribed; and
(b)
accompanied by such fee, undertakings, documents and information as may be prescribed.[22/2018]
(4) The Registrar may register a law expert under this section subject to any conditions that the Registrar thinks fit to impose in any particular case.[22/2018]
(5) A Judge may, of the Judge’s own motion or on the application of any interested party, order the cancellation of a law expert’s registration under this section, if —(a)
the law expert does not possess any qualification mentioned in subsection (2) for registration under this section;
(b)
the law expert does not satisfy any requirement mentioned in subsection (2) for registration under this section;
(c)
the law expert fails to comply with any condition imposed under subsection (4); or
(d)
the Judge is satisfied that the law expert should not have been registered under this section.[22/2018]
(6) The Judge must, before making an order under subsection (5), give the law expert a reasonable opportunity to be heard by the Judge.[22/2018]
(7) An International Judge may, in the course of any relevant proceedings before the International Judge, of the International Judge’s own motion or on the application of any interested party, order the cancellation of the registration under this section of a law expert who appears in those proceedings, if —(a)
the law expert does not possess any qualification mentioned in subsection (2) for registration under this section;
(b)
the law expert does not satisfy any requirement mentioned in subsection (2) for registration under this section;
(c)
the law expert fails to comply with any condition imposed under subsection (4); or
(d)
the International Judge is satisfied that the law expert should not have been registered under this section.[22/2018; 40/2019]
(8) The International Judge must, before making an order under subsection (7), give the law expert a reasonable opportunity to be heard by the International Judge.[22/2018; 40/2019]
(9) No appeal lies from —(a)
any order made by a Judge under subsection (5); or
(b)
any order made by an International Judge under subsection (7).[22/2018; 40/2019]
Appointing committee
Open ↗36Q.—(1) The Chief Justice is to appoint an appointing committee comprising —(a)
an advocate and solicitor who is a Senior Counsel or who has at any time held office as a Supreme Court Judge or a Judicial Commissioner; and
(b)
a foreign lawyer of not less than 12 years’ standing who is registered under any provision of this Act which is prescribed for the purposes of this paragraph.[40/2014; 40/2019]
(2) A member of the appointing committee is appointed for a term of 2 years and is eligible for re‑appointment.[40/2014]
(3) Where any member of the appointing committee is unable to discharge that member’s functions in relation to any matter, the Chief Justice may appoint, to act in place of that member in that matter, a temporary member of the appointing committee who is qualified in the same manner as that member.[40/2014]
(4) The Chief Justice may at any time remove from office any member of the appointing committee or fill any vacancy in the membership of the appointing committee.[40/2014]
(5) The Chief Justice must appoint a solicitor to be the secretary of the appointing committee.[40/2014]
(6) The functions of the appointing committee are as follows:(a)
to appoint under any relevant provision a solicitor to perform the duties referred to in that provision;
(b)
to appoint under subsection (7), in place of any solicitor who ceases to be able to perform the duties referred to in any relevant provision, another solicitor to perform those duties.[40/2014]
(7) Where any solicitor appointed under any relevant provision ceases to be able to perform the duties referred to in that relevant provision, or where any solicitor appointed under this subsection ceases to be able to perform the duties referred to in any relevant provision —(a)
that solicitor (or the Singapore law practice in which that solicitor practises) must, as soon as practicable after the cessation, notify the appointing committee in writing of the cessation; and
(b)
the appointing committee must, within 3 weeks after the date on which it receives the notification under paragraph (a), appoint another solicitor to perform the duties referred to in that relevant provision.[40/2014]
(8) A solicitor must not be appointed under any relevant provision or subsection (7) unless the members of the appointing committee reach a unanimous decision on the appointment.[40/2014]
(9) In subsections (3), (4) and (8), a reference to a member of the appointing committee includes a reference to a temporary member appointed under subsection (3).[40/2014]
(10) In this section, “relevant provision” means section 36S(9)(c), (10)(b) or (15)(b) or 36T(2)(b) or (6)(a).[40/2014]
Instructing authority
Open ↗36R.—(1) The Minister may appoint by name or office a person as the instructing authority for the following purposes:(a)
giving instructions to any solicitor appointed by an appointing committee under section 36Q(7), 36S(9)(c), (10)(b) or (15)(b) or 36T(2)(b) or (6)(a);
(b)
making an application under section 36T(1);
(c)
making an application under section 36U(1).[40/2014]
[Act 5 of 2025 wef 09/03/2025]
(1A) An appointment under subsection (1) must be published in the Gazette.[Act 5 of 2025 wef 09/03/2025]
(2) Every solicitor appointed under section 36Q(7), 36S(9)(c), (10)(b) or (15)(b) or 36T(2)(b) or (6)(a) must act on the instructions of the instructing authority.[40/2014]
Complaints against foreign lawyers registered under section 36P and law experts registered under section 36PA
Open ↗36S.—(1) Every foreign lawyer who is registered under section 36P, and every law expert who is registered under section 36PA, is subject to the control of the Supreme Court and shall be liable on due cause shown —(a)
to have his or her registration under section 36P or 36PA (as the case may be) cancelled or suspended (for such period as the court may think fit);
(b)
to pay a penalty of not more than $100,000;
(c)
to be censured; or
(d)
to suffer the punishment referred to in paragraph (b) in addition to the punishment referred to in paragraph (a) or (c).[40/2014; 22/2018]
(2) Any complaint of the conduct of a foreign lawyer who is registered under section 36P, or the conduct of a law expert who is registered under section 36PA —(a)
must be made to the Registrar in writing; and
(b)
subject to subsection (3), must be supported by such statutory declaration as the Registrar may require.[40/2014; 22/2018]
(3) No statutory declaration is required if the complaint is made by a Judge, by an International Judge, by the Attorney‑General, by the Council or by any public officer acting in the course of the public officer’s duties.[40/2014; 40/2019]
(4) Where any complaint is made to the Registrar of the conduct of a foreign lawyer registered under section 36P, or the conduct of a law expert registered under section 36PA, the Registrar must, within one week after the date on which the Registrar receives the complaint —(a)
furnish the foreign lawyer or law expert a copy of the complaint; and
(b)
make a request to the Chief Justice to appoint a complaints committee to hear and investigate the complaint.[40/2014; 22/2018]
(5) The Chief Justice may appoint one or more complaints committees, each comprising —(a)
a chairperson, who is a person who has at any time held office as a Supreme Court Judge or a Judicial Commissioner;
(b)
an advocate and solicitor of not less than 12 years’ standing; and
(c)
a foreign lawyer of not less than 12 years’ standing who is registered under any provision of this Act which is prescribed for the purposes of this paragraph.[40/2014; 40/2019]
(6) The Chief Justice may at any time —(a)
revoke the appointment of a complaints committee;
(b)
remove any member of a complaints committee; or
(c)
fill any vacancy in a complaints committee.[40/2014]
(7) The Chief Justice must appoint a solicitor to be the secretary of every complaints committee.[40/2014]
(8) A complaints committee appointed to hear and investigate a complaint of the conduct of a foreign lawyer who is registered under section 36P —(a)
must, within 4 weeks after the date of its appointment —(i)
determine whether there is a prima facie case for an investigation into the complaint; and
(ii)
if it is of the opinion that there is no prima facie case for an investigation into the complaint, determine that no cause of sufficient gravity for disciplinary action exists against the foreign lawyer; and
(b)
may, in any event, invite the complainant to make a complaint of the conduct of the foreign lawyer to either or both of the following:(i)
the foreign authority having the function conferred by law of authorising or registering persons to practise law in the state or territory in which the foreign lawyer is duly authorised or registered to practise law;
(ii)
any relevant professional disciplinary body of the state or territory in which the foreign lawyer is duly authorised or registered to practise law.[40/2014; 22/2018]
(8A) A complaints committee appointed to hear and investigate a complaint of the conduct of a law expert who is registered under section 36PA must, within 4 weeks after the date of its appointment —(a)
determine whether there is a prima facie case for an investigation into the complaint; and
(b)
if it is of the opinion that there is no prima facie case for an investigation into the complaint, determine that no cause of sufficient gravity for disciplinary action exists against the law expert.[22/2018]
(9) If a complaints committee is of the opinion that there is a prima facie case for an investigation into a complaint of the conduct of a foreign lawyer who is registered under section 36P, or the conduct of a law expert who is registered under section 36PA —(a)
the secretary of the complaints committee must notify in writing the Chief Justice, the Registrar, the complainant and the foreign lawyer or law expert of the opinion of the complaints committee;
(b)
the Registrar must, within one week after the date on which the Registrar receives the notification under paragraph (a), notify the appointing committee and the instructing authority of the opinion of the complaints committee;
(c)
the appointing committee must, within 3 weeks after the date on which it receives the notification under paragraph (b), appoint a solicitor to conduct the subsequent proceedings before the complaints committee and to frame the charge or charges to be preferred against the foreign lawyer or law expert; and
(d)
the solicitor appointed to conduct those proceedings must frame the charge or charges preferred against the foreign lawyer or law expert, and submit the charge or charges to the complaints committee, within 2 weeks after the date on which the solicitor is appointed, or such longer period as the complaints committee may allow.[40/2014; 22/2018]
(10) If a complaints committee is directed by a Judge under section 36T(5) to hear and investigate a complaint of the conduct of a foreign lawyer who is registered under section 36P, or the conduct of a law expert who is registered under section 36PA, on the basis that there is a prima facie case for an investigation into the complaint —(a)
the Registrar must notify in writing the Chief Justice, the complaints committee, the appointing committee, the instructing authority, the complainant and the foreign lawyer or law expert of the direction of the Judge;
(b)
the appointing committee must, within 3 weeks after the date on which it receives the notification under paragraph (a), appoint a solicitor to conduct the subsequent proceedings before the complaints committee and to frame the charge or charges to be preferred against the foreign lawyer or law expert; and
(c)
the solicitor appointed to conduct those proceedings must frame the charge or charges preferred against the foreign lawyer or law expert, and submit the charge or charges to the complaints committee, within 2 weeks after the date on which the solicitor is appointed, or such longer period as the complaints committee may allow.[40/2014; 22/2018]
(11) Where subsection (9) or (10) applies, the complaints committee must give the foreign lawyer or law expert a reasonable opportunity to be heard by the complaints committee, and must, within 16 weeks after the date on which the charge or charges preferred against the foreign lawyer or law expert are submitted to the complaints committee —(a)
record the complaints committee’s findings in relation to the charge or charges preferred against the foreign lawyer or law expert; and
(b)
determine that —(i)
no cause of sufficient gravity for disciplinary action exists against the foreign lawyer or law expert;
(ii)
while no cause of sufficient gravity for disciplinary action exists against the foreign lawyer or law expert, the foreign lawyer or law expert should be given a warning, reprimanded or ordered to pay a penalty sufficient and appropriate to the misconduct committed; or
(iii)
cause of sufficient gravity for disciplinary action exists against the foreign lawyer or law expert.[40/2014; 22/2018]
(12) The Chief Justice may, on the application of a complaints committee, grant to the complaints committee either or both of the following:(a)
an extension of the period specified in subsection (8)(a) or (8A) not extending beyond a period of 6 weeks after the date of the appointment of the complaints committee;
(b)
an extension of the period specified in subsection (11).[40/2014; 22/2018]
(13) The opinion and determination of a complaints committee under subsection (8)(a)(ii) or (8A)(b), and the findings and determination of a complaints committee under subsection (11), must be in the form of a report, of which the secretary of the complaints committee must —(a)
submit a copy to each of the Chief Justice and the Registrar; and
(b)
supply a copy to each of the complainant, the foreign lawyer or law expert concerned and the instructing authority.[40/2014; 22/2018]
(14) Where a complaints committee makes a determination under subsection (11)(b)(ii), it may give the foreign lawyer or law expert concerned a warning, reprimand the foreign lawyer or law expert, or order the foreign lawyer or law expert to pay a penalty of not more than $20,000.[22/2018]
(15) Where a complaints committee makes a determination under subsection (11)(b)(iii) —(a)
the Registrar must, within one week after the date on which the Registrar receives a copy of the report submitted under subsection (13)(a), notify the appointing committee in writing of the determination of the complaints committee;
(b)
the appointing committee must, within 3 weeks after the date on which it is notified under paragraph (a) of the determination of the complaints committee, appoint a solicitor to act for the instructing authority in an application under section 36U(1) against the foreign lawyer or law expert concerned and to conduct all proceedings relating to the application; and
(c)
the solicitor appointed to act for the instructing authority in the application must file the application on behalf of the instructing authority within one month after the date on which the solicitor is appointed.[40/2014; 22/2018]
(16) Where a complaints committee makes a determination under subsection (11)(b)(i), (ii) or (iii), the complaints committee may —(a)
make an order for the payment of costs by the complainant or the foreign lawyer or law expert concerned; and
(b)
in the order, specify the amount of those costs or direct that the amount be assessed by the Registrar.[40/2014; 22/2018]
[Act 25 of 2021 wef 01/04/2022]
(17) Any person awarded any costs under subsection (16) may sue for and recover those costs as if those costs were a debt due to that person.[40/2014]
(18) The person prescribed for the purposes of this subsection must —(a)
publish the findings and determination of a complaints committee under subsection (11) in such manner as may be prescribed; and
(b)
make public a copy of the record of the proceedings of the complaints committee (including the findings and determination of the complaints committee).[40/2014]
(19) Any person may obtain a copy of the record of proceedings of a complaints committee (including the findings and determination of the complaints committee under subsection (11)) from the person prescribed for the purposes of this subsection upon paying the prescribed fee.[40/2014]
(20) All the members of a complaints committee must be present to constitute a quorum for a meeting of the complaints committee.[40/2014]
(21) Any questions arising at a meeting of a complaints committee are to be determined by a majority of votes of the members of the complaints committee.[40/2014]
(22) Any resolution or decision in writing signed by all the members of a complaints committee is as valid and effectual as if it had been made or reached at a meeting of the complaints committee where all of the members of the complaints committee were present.[40/2014]
(23) A complaints committee may require the complainant to deposit with the Registrar a sum not exceeding $1,000 to cover costs.[40/2014]
(24) A complaints committee may, for the purposes of hearing and investigating a complaint, require the complainant or the foreign lawyer or law expert concerned to answer any question or furnish any document that the complaints committee considers relevant.[40/2014; 22/2018]
(25) For the purposes of any complaint heard and investigated by a complaints committee —(a)
the complaints committee may administer oaths; and
(b)
the instructing authority, the foreign lawyer or law expert concerned and the secretary of the complaints committee may sue out subpoenas to testify or to produce documents.[40/2014; 22/2018]
(26) No person may be compelled under any subpoena referred to in subsection (25)(b) to produce any document which the person could not be compelled to produce at the trial of an action.[40/2014]
(27) A subpoena referred to in subsection (25)(b) must be served and may be enforced as if it were an order to attend court or an order to produce documents issued in connection with a civil action in the General Division of the High Court.[40/2014; 40/2019]
[S 759/2022]
[Act 25 of 2021 wef 01/04/2022]
(28) Any person giving evidence before a complaints committee is legally bound to tell the truth.[40/2014]
(29) Any person who makes a complaint under subsection (2) which that person knows to be false in any material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.[40/2014]
(30) Any person who, without reasonable excuse, refuses or fails to comply with any requirement of a complaints committee under subsection (24) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.[40/2014]
Application for review of decision of complaints committee
Open ↗36T.—(1) Where a complaints committee has made a determination under section 36S(8)(a)(ii), (8A)(b) or (11)(b)(i) or (ii), the complainant, the foreign lawyer or law expert concerned or the instructing authority may, within 10 weeks after being supplied under section 36S(13)(b) a copy of the report containing the determination, apply to a Judge for a review of that determination.[40/2014; 22/2018]
(2) Where the instructing authority intends to make an application under subsection (1) —(a)
the instructing authority must, within 14 days after being supplied under section 36S(13)(b) a copy of the report containing the determination of the complaints committee under section 36S(8)(a)(ii), (8A)(b) or (11)(b)(i) or (ii), notify the appointing committee in writing of the intention;
(b)
the appointing committee must, within 3 weeks after the date on which it receives the notification under paragraph (a), appoint a solicitor to act for the instructing authority in the application and to conduct all proceedings relating to the application; and
(c)
the solicitor appointed to act for the instructing authority in the application must file the application on behalf of the instructing authority within one month after the date on which the solicitor is appointed.[40/2014; 22/2018]
(3) An application under subsection (1) must be —(a)
made by originating application and supported by an affidavit; and[Act 25 of 2021 wef 01/04/2022]
(b)
served, together with the affidavit, on —(i)
the complainant, if the complainant is not the applicant;
(ii)
the foreign lawyer or law expert concerned, if the foreign lawyer or law expert is not the applicant;
(iii)
the instructing authority, if the instructing authority is not the applicant; and
(iv)
the secretary of the complaints committee.[40/2014; 22/2018]
(4) Upon receiving the application, the secretary of the complaints committee must file in court the report containing the determination and the record of the proceedings of the complaints committee (if any).[40/2014]
(5) The Judge hearing the application —(a)
has full power to determine any question necessary to be determined for the purpose of doing justice in the case, including any question as to the correctness, legality or propriety of the determination of the complaints committee, or as to the regularity of any proceedings of the complaints committee; and
(b)
may make such orders as the Judge thinks fit, including —(i)
an order —(A)
authorising or directing the instructing authority to make an application under section 36U(1) against the foreign lawyer or law expert concerned; and
(B)
directing the appointing committee to appoint a solicitor to act for the instructing authority in the application under section 36U(1) and to conduct all proceedings relating to the application;
(ii)
an order setting aside the determination of the complaints committee and directing —(A)
the complaints committee to hear and investigate the complaint on the basis that there is a prima facie case for an investigation into the complaint, or to rehear and reinvestigate the complaint; or
(B)
the Registrar to make a request to the Chief Justice for the appointment of another complaints committee to hear and investigate the complaint;
(iii)
an order setting aside any warning given by, or any reprimand or order of, the complaints committee under section 36S(14), varying the amount of the penalty payable under any order of the complaints committee under section 36S(14), or setting aside or varying any order of the complaints committee under section 36S(16); and
(iv)
an order as to the costs of and incidental to the proceedings under this section.[40/2014; 22/2018]
(6) If the Judge makes an order directing the appointing committee to appoint a solicitor to act for the instructing authority in an application under section 36U(1) and to conduct all proceedings relating to the application —(a)
the appointing committee must, within 3 weeks after the date on which it is notified by the Registrar in writing of the order, appoint a solicitor to act for the instructing authority in the application under section 36U(1) and to conduct all proceedings relating to the application; and
(b)
the solicitor appointed to act for the instructing authority in the application must file the application on behalf of the instructing authority within one month after the date on which the solicitor is appointed.[40/2014]
(7) No appeal lies from any decision of the Judge under subsection (5).[40/2014]
Application for cancellation of registration under section 36P or 36PA, etc.
Open ↗36U.—(1) An application for an order that a foreign lawyer who is registered under section 36P, or a law expert who is registered under section 36PA —(a)
have his or her registration under section 36P or 36PA (as the case may be) cancelled or suspended (for such period as the court may think fit);
(b)
pay a penalty of not more than $100,000;
(c)
be censured; or
(d)
suffer the punishment referred to in paragraph (b) in addition to the punishment referred to in paragraph (a) or (c),
must be made by originating application.
[40/2014; 22/2018]
[Act 25 of 2021 wef 01/04/2022]
(2) An application under subsection (1) is to be heard by a court of 3 Supreme Court Judges, and there is no appeal from the decision of that court.[40/2014; 40/2019]
(3) The court of 3 Judges —(a)
has full power to determine any question necessary to be determined for the purpose of doing justice in the case, including any question as to the correctness, legality or propriety of the determination of the complaints committee, or as to the regularity of any proceedings of the complaints committee;
(b)
may make an order setting aside the determination of the complaints committee and directing —(i)
the complaints committee to rehear and reinvestigate the complaint; or
(ii)
the Registrar to make a request to the Chief Justice for the appointment of another complaints committee to hear and investigate the complaint;
(c)
may make an order setting aside or varying any order of the complaints committee under section 36S(16);
(d)
may, in the case of a foreign lawyer who is registered under section 36P, direct the Registrar to inform either or both of the following of the decision of the court of 3 Judges:(i)
the foreign authority having the function conferred by law of authorising or registering persons to practise law in the state or territory in which the foreign lawyer is duly authorised or registered to practise law;
(ii)
any relevant professional disciplinary body of the state or territory in which the foreign lawyer is duly authorised or registered to practise law; and
(e)
may make such order as to the costs of and incidental to the proceedings under this section as the court of 3 Judges thinks fit.[40/2014; 22/2018]
(4) The Chief Justice or any other Supreme Court Judge is not to be a member of the court of 3 Judges when the application under subsection (1) is in respect of a complaint made by him or her.[40/2014; 40/2019]
(5) Where a foreign lawyer’s registration under section 36P has been cancelled pursuant to an order of the court of 3 Judges —(a)
in any case where the order prohibits the foreign lawyer from reapplying for registration under section 36P until after a date specified in the order, the foreign lawyer cannot reapply for such registration, and cannot apply as a law expert for registration under section 36PA, until after that date; or
(b)
in any other case, the foreign lawyer is permanently prohibited from reapplying for registration under section 36P, and is permanently prohibited from applying as a law expert for registration under section 36PA.[22/2018]
(6) Where a law expert’s registration under section 36PA has been cancelled pursuant to an order of the court of 3 Judges —(a)
in any case where the order prohibits the law expert from reapplying for registration under section 36PA until after a date specified in the order, the law expert cannot reapply for such registration, and cannot apply as a foreign lawyer for registration under section 36P, until after that date; or
(b)
in any other case, the law expert is permanently prohibited from reapplying for registration under section 36PA, and is permanently prohibited from applying as a foreign lawyer for registration under section 36P.[22/2018]
Restriction of judicial review
Open ↗36V.—(1) Except as provided in sections 36T and 36U, there shall be no judicial review in any court of any act done or decision made by a complaints committee.[40/2014]
(2) In this section, “judicial review” includes proceedings instituted by way of —(a)
an application for a Mandatory Order, a Prohibiting Order or a Quashing Order; or
(b)
an application for a declaration or an injunction, or any other suit or action, relating to or arising out of any act done or decision made by the complaints committee.[40/2014]
Provisions as to penalties payable under this Part
Open ↗36W.—(1) Where the court or a complaints committee has ordered a foreign lawyer or law expert to pay a penalty under this Part, the foreign lawyer or law expert must pay the penalty to the Registrar.[40/2014; 22/2018]
(2) Any penalty payable under subsection (1) which is not paid may be recoverable by the Government as a judgment debt.[40/2014]
(3) All sums collected by the Registrar under subsection (1) or recovered by the Government under subsection (2) must be paid into the Consolidated Fund.[40/2014]
Protection from personal liability
Open ↗36X.—(1) No liability shall be incurred by any person or committee specified in subsection (2) for anything done (including any statement made) or omitted to be done in good faith in the execution or purported execution of any function, duty or power of that person or committee (as the case may be) under this Part or any rules made under section 36Y.[40/2014]
(2) For the purposes of subsection (1), the persons and committees are as follows:(a)
the instructing authority;
(b)
the appointing committee;
(c)
any member (including a temporary member) or the secretary of the appointing committee;
(d)
any complaints committee;
(e)
any member or the secretary of a complaints committee.[40/2014]
Rules for this Part
Open ↗36Y.—(1) The Rules Committee may make such rules as may be necessary or expedient for the purposes of this Part.[40/2014]
(2) Without limiting subsection (1), the Rules Committee may make rules —(a)
to prescribe anything which may be prescribed under this Part;
(b)
to prescribe the qualifications, experience and expertise required of a foreign lawyer, and any other requirement, for eligibility to apply for registration under section 36P;
(ba)
to prescribe the qualifications, experience and expertise required of a law expert, and any other requirement, for eligibility to apply for registration under section 36PA;
(c)
to provide, without limiting section 36P, for the making of any application for registration under that section, or for the renewal of any such registration, and for all other related matters;
(ca)
to provide, without limiting section 36PA, for the making of any application for registration under that section, or for the renewal of any such registration, and for all other related matters;
(d)
to provide for —(i)
the payment of fees (including administrative fees and processing fees) and other charges for —(A)
any application for or renewal of any registration under section 36P or 36PA; and
(B)
any matter related or incidental to any such application or renewal; and
(ii)
all other related matters;
(e)
to provide for the cancellation, suspension or lapsing of any registration under section 36P or 36PA;
(f)
to require the submission of information and particulars relating to any foreign lawyer registered under section 36P or law expert registered under section 36PA;
(g)
to provide for the form and manner in which the register of foreign lawyers registered under section 36P and law experts registered under section 36PA is to be kept;
(h)
to provide for the issuance and amendment of certificates of registration and certified true copies of such certificates, and for the payment of fees in relation to such certificates;
(i)
for regulating foreign lawyers registered under section 36P and law experts registered under section 36PA;
(j)
for regulating the professional practice, etiquette and conduct of foreign lawyers registered under section 36P and law experts registered under section 36PA;
(k)
for regulating the hearing and investigation of a complaint by a complaints committee;
(l)
to provide for any matter relating to —(i)
the publication under section 36S(18)(a) of the findings and determination of a complaints committee;
(ii)
the prescribed fee under section 36S(19); or
(iii)
the deposit under section 36S(23); and
(m)
for regulating and prescribing the procedure and practice to be followed in connection with any application under section 36T(1) or 36U(1) and any proceedings under section 36T or 36U.[40/2014; 22/2018]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
