LEGAL PROFESSION BILL

Order for Second Reading read.

4.05 p.m.

Mr Barker: Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

The purpose of this Bill is, as stated in the Long Title, "to establish the Board of Legal Education, to constitute the Singapore Advocates and Solicitors Society and to amend and consolidate the law relating to the legal profession" in Singapore.

Part II of the Bill, which deals with the admission of advocates and solicitors, provides for the setting up of a Board of Legal Education to consist of the Attorney-General, a representative of the Chief Justice, representatives from the legal profession, and representatives from the Faculty of Law of the University of Singapore. This Board will in future be responsible for the organisation of pupillage and instruction of qualified persons who seek admission as advocates and solicitors in Singapore and for their examination before such admission. Special provision is made for the admission of legal practitioners already admitted in West Malaysia, the ad hoc admissions of Queen's Counsel from the United Kingdom, and the admission of articled clerks.

Petitions for admission will be heard by the High Court, and provision is made for the keeping of a Roll of advocates and solicitors.

Part III of the Bill deals with practising certificates. Every advocate and solicitor, if he intends to practise, must obtain a practising certificate. In order to obtain a practising certificate, an advocate and solicitor must first obtain an annual certificate from the Council of the Society of Advocates and Solicitors. Before this annual certificate is issued, the Council must be satisfied that the applicant is not prohibited from holding a practising certificate, that he has delivered or is exempted from delivering an accountant's report relating to his accounts for the last year, and that he is not in arrears in his contribution to the Compensation Fund and the subscriptions or other dues to the Society.

The practising certificate is issued by the Registrar of the High Court on production of the annual certificate, and of a declaration in writing giving the full name and address of the advocate and solicitor, his firm's name and his office address, and on payment of the prescribed duty.

Part IV of the Bill sets out the privileges of advocates and solicitors and the provisions are in the main a re-enactment of the provisions in the existing Advocates and Solicitors Society.

Part V of the Bill deals with the establishment, contributions and functions of the Singapore Advocates and Solicitors Society. Provision is made for the election of a Council of the Society which will be responsible for the management of the affairs of the Society and which will take over the functions of the present Singapore Bar Committee.

Part VI of the Bill relates to professional practice, conduct and discipline of solicitors and their clerks. Power is given to the Council of the Society to make rules relating to professional etiquette, conduct and discipline, and to the keeping of accounts by solicitors. A Compensation Fund is set up from which grants may be made to persons who have sustained loss in consequence of dishonesty on the part of any solicitor or any clerk or servant of the solicitor in connection with his practice. Provision is made for the control of solicitors' clerks.

Part VII of the Bill relates to disciplinary proceedings and in the main re-enacts the provisions of the existing Ordinance with the Council of the Society taking over the powers and the functions of the Singapore Bar Committee. Part VIII of the Bill relates to the remuneration of solicitors in contentious as well as non-contentious business, and again in the main re-enacts the provisions of the existing Ordinance.

Part IX of the Bill relating to the recovery and taxation of costs also in the main re-enacts the provisions of the existing Ordinance.

Part X of the Bill deals with miscellaneous matters. Part XI contains transitional provisions, and Part XII provides for the repeal of the existing Ordinance.

This Bill has the full support of the Singapore Bar Committee and was, in fact, drafted by it, and in this, Sir, I understand you played a major part. I should like to express the thanks of the Government to you, Sir, and members of the Singapore Bar Committee for their efforts.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. -[Mr Barker]

Bill considered in Committee.

[Mr Speaker in the Chair]

4.14 p.m.

The Chairman: There are some amendments contained in the notice of amendments and in a further notice. I will deal with them as we come to them.

Clause 1 ordered to stand part of the Bill.

Clause 2 -

The Chairman: There is a note, in page 2, line 40, to leave out "practice" and insert "practise". This will be done.

Clause 2 ordered to stand part of the Bill.

4.15 p.m.

Clauses 3 to 12 inclusive ordered to stand part of the Bill.

Clause 13 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 9, line 27, to leave out "examination as the Board may prescribe" and insert "examinations as may be prescribed by the Board".

This is not an amendment of fundamental importance, but it will make the terminology uniform with that of clause 10 (e) on page 7 of the Bill.

Amendment agreed to.

Clause 13, as amended, ordered to stand part of the Bill.

Clause 14 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 10, lines 4 and 5, to leave out "any order shall be made on the petition" and insert "the petitioner is admitted as an advocate and solicitor"; and

In page 10, to leave out lines 17 and 18 and insert -

"(d) a certificate signed by the Secretary of the Board that the petitioner has satisfactorily served the period of pupillage or articles, attended the courses of instruction and passed the examinations required in his case under the provisions of this Act.".

Mr Speaker, the first amendment to this clause is considered necessary as, instead of an order of court, it is envisaged there will be delivered to each petitioner, who is admitted as provided in clause 28 (5) of the Bill, a more dignified and impressive instrument of admission, patterned on the lines of Call Certificates for barristers and Admission Certificates for solicitors signed by the Master of the Rolls. The admission should, it is felt, be clothed with solemnity, and the present order of court which, in format, typing and wording varies from petitioner to petitioner and is sent round for approval, fails to achieve this. Further, this order of court is extracted many days after the admission. The delivery of an instrument of admission in open court after prior payment of the prescribed fee will give the admission the solemnity it now lacks.

In respect of the second amendment, the clause as now worded seeks to make the Board usurp the functions of the court. It is better to specify the matters for which the Board's certificate is required.

Sir, I beg to move.

Amendments agreed to.

Clause 14, as amended, ordered to stand part of the Bill.

Clauses 15 to 22 inclusive ordered to stand part of the Bill.

Clause 23 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 14, after line 10, to insert -

"(3) No articled clerk shall without the special leave in writing of the Board hold any office or engage in any employment of whatsoever kind and whether full-time or part-time during his articles:

Provided that the provisions of this subsection shall not preclude an articled clerk receiving remuneration from his principal.".

Mr Speaker, this amendment will make for uniformity with clause 11 (4) of the Bill for qualified persons. It will also preclude any attempt to apply the expressio unius rule by an articled clerk who may seek outside employment.

Amendment agreed to.

Clause 23, as amended, ordered to stand part of the Bill.

Clause 24 ordered to stand part of the Bill.

Clause 25 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 14, lines 31 and 32, to leave out "any order shall be made on the petition" and insert "the petitioner is admitted as an advocate and solicitor".

The reason for this amendment is similar to that given for the first amendment to clause 14 dealt with just now.

Amendment agreed to.

Clause 25, as amended, ordered to stand part of the Bill.

Clauses 26 to 29 inclusive ordered to stand part of the Bill.

Clause 30 -

Mr Barker: Mr Speaker, Sir, I have not given notice of amendment of this clause. But with your permission and with the leave of the House, I beg to move an amendment under Standing Order 32. Sir, shall I first move or -

The Chairman: Mr Barker, I will obtain the assent of Members. I give my consent. Is it the pleasure of hon. Members that notice of this amendment proposed to be moved be dispensed with?

Hon. Members indicated assent.

Mr Barker: Sir, I beg to move,

In page 17, to leave out lines 30 to 32 inclusive and insert -

"(2) The provisions of subsection (1) of this section shall not apply to a solicitor employed by the Housing and Development Board, the Public Utilities Board, the Economic Development Board or the Port of Singapore Authority if the Attorney-General issues a certificate under his hand certifying that the solicitor is so employed and specifying therein the matters in which the solicitor so employed may appear and plead in courts of law and upon such solicitor otherwise complying with the provisions of this Act, the Registrar shall issue to him a practising certificate specifying therein the matters in which he may appear and plead as contained in the Attorney-General's certificate.

(3) A practising certificate issued to a solicitor shall cease to have effect when he ceases to practise or he ceases to be employed as provided in this section.".

4.30 p.m.

Mr Speaker, Sir, as it now stands, the disqualifications for practising certificate listed in paragraphs (a), (b) and (c) of sub-clause (1) of clause 30 of the Bill would exclude the solicitor of a statutory board from carrying out his duties. It is considered desirable that, in the performance of his duties, the solicitor of a statutory board should, insofar as his professional etiquette and duties to the court are concerned, be under the control of some responsible legal officer. This amendment will achieve the result of giving solicitors of statutory boards licence to practise.

Amendment agreed to.

Clause 30, as amended, ordered to stand part of the Bill.

Clauses 31 to 36 inclusive ordered to stand part of the Bill.

Clause 37 -

Mr Barker: Sir, I beg to move,

In page 22, lines 27 and 28, to leave out ", formation, dissolution or winding up" and insert "or formation".

Clause 37 (2) (c) of the Bill is taken from sections 72, 76 and 111(b) of the British Columbia Legal Profession Act, section 47 (2) of the Manitoba Law Society Act and other Canadian legislation. The corresponding East African legislation is narrower in that documents relating to dissolution or winding up are not within the prohibition - section 39 (1) (c) of the Kenya Advocates Ordinance and section 43 (1) (c) of the Tanganyika Advocates Ordinance refer.

Some accountants have expressed misgivings about our clause 37 (2) (c) extending to dissolution and winding up documents. Documents for use in court will in any case be caught by paragraph (a) and there is no desire on the part of the profession to preclude accountants preparing documents in a dissolution or winding up that are not for use in court. It is therefore suggested that dissolution and winding up be excluded from this paragraph. Hence the amendment.

Amendment agreed to.

Clause 37, as amended, ordered to stand part of the Bill.

Clause 38 -

Mr Barker: Sir, I beg to move,

In page 24, after line 23, to insert -

"(g) any arbitrator or umpire lawfully acting under any written law relating to arbitration, settling or attempting to settle the dispute between the parties to the arbitration;".

There will be certain consequential amendments, Sir, in the lettering of the subsequent paragraphs which will have to be made.

Mr Speaker, this paragraph is directed against touts, unofficial advisers, adjusters and private detective agencies who are being engaged to settle running down cases without the claimant having an opportunity for proper advice on damages. Where in such settlements the sum paid is not manifestly inadequate, the hands of the Court and the Public Trustee are tied. It comes from section 111 (c) of the British Columbia Act, section 47 (2) (b) of the Manitoba Act and other Canadian legislation. Bona fide and full-time employees of insurance companies are exempted from this paragraph by clause 38 (1) (f) . The fear has been expressed that clause 38 may preclude arbitrators and umpires from trying to settle a claim before them. In order to remove this fear, the amendment is proposed.

Amendment agreed to.

The Chairman: Consequential amendments to subsequent paragraphs (g) , (h) and (i) to be re-lettered (h) , (i) and (j) respectively will be made.

Mr Barker: Mr Speaker, Sir, again I beg to seek your leave and the leave of the House under Standing Order No. 32 to move another amendment without notice.

The Chairman: I give my consent. Is it the pleasure of hon. Members that notice of the amendment proposed to be moved be dispensed with?

Hon. Members indicated assent.

The Chairman: Mr Barker, please proceed.

Mr Barker: Sir, I beg to move,

In page 24, after line 30, to insert -

"(k) any approved company auditor drawing or preparing any instrument which he is empowered to do under any law for the time being in force relating to companies.".

In clause 37 (2) as it now stands, paragraphs (a) or (c) or (e) would prohibit auditors from carrying on the functions which an approved company auditor will be allowed to perform under the new Companies Act if this Act is enacted.

Clause 16 (3) imposes a duty on the Registrar to require a certificate from one of three persons, including an approved company auditor, as to the identity of the subscribers to a memorandum or of any persons named in the memorandum or Articles as officers of the proposed company.

As the present clause 37 (2) (c) now stands, a company auditor may not be able to carry out even this relatively minor function. Furthermore, an approved company auditor may be called upon to certify the correctness of accounts of companies turning public. As these certifications are to be made on the prospective companies, it is arguable that such an act may not be legally carried out by an approved company auditor. In order that these doubts be removed, it is proposed that this further amendment be made so as to make it quite clear that any approved company auditor who is merely performing acts which he will be allowed to perform under the proposed Companies Act would not be excluded by this clause.

Amendment agreed to.

The Chairman: A necessary consequential amendment is,

In page 24, line 30, to leave out the full-stop and insert a semi-colon.

Clause 38, as amended, ordered to stand part of the Bill.

Clauses 39 to 50 inclusive ordered to stand part of the Bill.

Clause 51 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 29, after line 9, to insert -

"(5) Within one week of the end of each month the Society shall pay to the Board ten dollars out of each subscription paid to the Society by a practitioner member during that month.".

4.45 p.m.

Sir, under the present provisions in the Bill, the Board will be dependent on voluntary contributions and fees collected. The amendment will provide a statutory payment of $10 per member as a statutory subsidy to the Board which will enable its ordinary running and administrative expenses to be met without the Board having to depend on profits from fees paid by pupils.

Amendment agreed to.

Clause 51, as amended, ordered to stand part of the Bill.

Clauses 52 to 74 inclusive ordered to stand part of the Bill.

Clause 75 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 38, line 17, after "etiquette', to insert a comma.

This is a printing omission which the amendment seeks to include. Sir, I beg to move.

Amendment agreed to.

Clause 75, as amended, ordered to stand part of the Bill.

Clauses 76 and 77 ordered to stand part of the Bill.

Clause 78 -

Mr Barker: Mr Speaker, Sir, I beg to move,

In page 41, line 16, after "determined', to insert "if the practising certificate for which he proposes to make application will remain in force for less than six months".

Sir, a solicitor who makes premature or early application for a full year's practising certificate can claim under the proviso to clause 78 (2) of the Bill, as presently worded, that he is obliged to pay only half the contribution. The amendment proposed will make it clear that the half-rate will apply only where the practising certificate has less than six months to run.

Amendment agreed to.

The Chairman: There is a note, in page 43, line 19, to spell "society" with a capital S.

Clause 78, as amended, ordered to stand part of the Bill.

Clauses 79 and 80 ordered to stand part of the Bill.

Clause 81 -

The Chairman: There is a typographical error in page 44, line 33, in the word "elsewehere". There is an unnecessary "e"; the third "e" in that word will be deleted.

Clause 81 ordered to stand part of the Bill.

Clause 82 -

The Chairman: There is a note, in page 46, marginal note, to leave out "purchase" and insert "purchaser".

That will be done.

Clause 82 ordered to stand part of the Bill.

Clauses 83 to 115 inclusive ordered to stand part of the Bill.

Clause 116 -

The Chairman: There is a note, in page 64, line 27, after "116.", to insert "-(1) ".

That will be done.

Clause 116 ordered to stand part of the Bill.

Clauses 117 to 143 inclusive ordered to stand part of the Bill.

Clause 144 -

The Chairman: There is another typographical error in page 73 - line 34 should read "admission of the petitioner". It involves the addition of "e-r" to the word "petition". Mr Barker, will you formally move, with the general assent of Members?

5.00 p.m.

Mr Barker: Mr Speaker, Sir, with your leave and with the leave of the House, I would like to move an amendment without notice.

The Chairman: I give my consent. Is it the pleasure of hon. Members that notice of the amendment proposed to be moved be dispensed with?

Hon. Members indicated assent.

Amendment made: In page 73, line 34, to leave out "petition" and insert "petitioner". - [Mr Barker]

Clause 144, as amended, ordered to stand part of the Bill.

Clauses 145 to 154 inclusive ordered to stand part of the Bill. New clause - "Transitional Until general orders are made provisions under the provisions of section 112 for costs in of this Act prescribing and non-contentious regulating the remuneration of business. solicitors in respect of non-contentious business such remuneration shall be regulated in accordance with the provisions of the Ordinance as it stood immediately before the date of the coming into operation of this Act.". - [Mr Barker]

Brought up, and read the First time.

Mr Barker: Mr Speaker, Sir, I beg to move, "That the clause be read a Second time."

Section 11 of the Interpretation Act, 1965, (No. 10 of 1965) saves subsidiary legislation but there is nothing to save and make applicable the scales in Schedule I and Schedule II of the Advocates and Solicitors Ordinance, Chapter 188, until appropriate scales are laid down by the new statutory committee under clause 112 of this Bill. The provision of this new clause will fill the gap.

Question put, and agreed to.

Clause read a Second time and added to the Bill.

The Chairman: It is intended that the new clause be inserted after clause 153 in the Bill and this will necessitate the re-numbering of the present clause 154 as clause 155.

Bill reported with amendments; read a Third time and passed.