LEGAL PROFESSION (AMENDMENT) BILL

Order for Second Reading read.

3.45 p.m.

The Minister for Law and National Development (Mr E. W. Barker): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

The Bill now before this House has been introduced as a result of requests made from time to time by the Singapore Advocates and Solicitors Society and from the experience gained in the administration thereof since its coming into operation in 1967. After due consideration, the Government has decided to introduce these amendments in order to remove such doubts as to the practical applicability of the sections of the Act that are now being amended or because, as the law now stands, these sections in the Act have been found to be too restrictive.

Hon. Members will find in this Bill provisions amending not only such technical portions of the Bill relating to annual certificates and provisions regulating the admission of Queen's Counsel from England and elsewhere in the Commonwealth, but also such important and substantive provisions defining the scope or type of work for which advocates and solicitors would have almost exclusive rights. The proposals for amendment to sections 37 and 38 of the Legal Profession Act, 1966, that define the limits of such exclusive rights have come from accountants and trade mark agents as well as from the General Council of the Bar itself. These amendments, it is hoped, will now resolve the doubts the professions might have had regarding the extent of such exclusive rights given to advocates and solicitors.

There are further new provisions in the Bill which have been designed to facilitate the supervision of bills of costs submitted by advocates and solicitors. Up till now an order of court would be necessary before a bill can be taxed by the Registrar of the Supreme Court. When this Bill becomes law, this requirement would be dispensed with where the taxation of the bill is agreed to by the parties.

The opportunity has also been taken to provide in this Bill certain amendments that would incorporate recent developments in the rules and practice governing the relationship between solicitors and clients in England. Thus we have adapted to suit local conditions here certain of the rules relating to moneys in clients' accounts. The provisions in the Bill effecting these amendments will permit a solicitor to place moneys belonging to a client in a deposit account with a bank so as to earn interest. Such interest will then be apportioned to the solicitor's client except, of course, where the task of allocating such interest earned is rendered impractical or well-nigh impossible on account of either the smallness of the sums involved or where the portions of such moneys cannot easily be defined or traced.

Then there are other provisions in clauses 28 and 31 which would enlarge the powers of the Disciplinary Committee of the Bar Council. These enlarged powers would enable the Council to take whatever steps they think proper against members of the profession who have been found to have committed breaches of professional conduct.

These then are the main changes that will be brought about by this Bill. They have in common one main object, and that is, a more efficient administration of the Act.

Mr Speaker, 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]

3.52 p.m.

Clauses 1 to 9 inclusive ordered to stand part of the Bill.

Clause 10 -

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

In page 4, to leave out lines 25 to 33 inclusive and insert -"(i) any accountant drawing or preparing documents in the exercise of his profession;".

Sir, this amendment is being moved in accordance with the wishes of accountants in Singapore. It sets out more clearly what an accountant can do and cannot do.

Amendment agreed to.

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

In page 5, line 1, to leave out from "preparing" to the end of line 3 and insert "documents in any matter relating to trade marks.".

Sir, this amendment is being moved on the suggestion of a trade mark agent. Trade mark agents, when applying for registration of trade marks, prepare quite a few documents. The purpose of this amendment is to make it clear that, whilst doing this kind of work, they can prepare any type of documents, including statutory declarations or statements of claim.

Amendment agreed to.

The Chairman: There is a note,

In page 5, line 3, to leave out the marginal reference "Cap. 185.".

This will be done.

Clause 10, as amended, ordered to stand part of the Bill.

Clauses 11 to 39 inclusive ordered to stand part of the Bill.

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