Court of Three Judges

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The Court of Three Judges is a court of the Supreme Court of Singapore that adjudicates on professional misconduct of Singapore-qualified lawyers and doctors. [1]

Contents

Statutory framework

The Legal Profession Act 1966 and Medical Registration Act 1997 outlines that in the case where a disciplinary tribunal is convened by either the Law Society of Singapore or Singapore Medical Council, an application may thereafter be made for a hearing by three Supreme Court judges on liability for misconduct. [2] [3]

Any individual may refer a complaint about the conduct of a lawyer to the Council of the Law Society of Singapore, who may then convene an inquiry panel with members appointed by the Chief Justice. [4] The inquiry panel investigates and reports on the complaint for the council. Upon considering the report, the council may decline further action, impose penalties, or apply for a disciplinary tribunal to be appointed. [5] If a disciplinary tribunal is convened, it hears and investigates the matter and decides whether disciplinary action is warranted. [6] The tribunal may impose a fine or decline further action, but if it determines that disciplinary action is necessary, the Law Society must apply to the Supreme Court for the matter to be heard by the Court of Three Judges. Unlike the disciplinary tribunal, which may only impose fines, the Court of Three Judges may disbar or suspend a lawyer and fine them up to $100,000. [7]

Notable cases

Recent high-profile decisions of the Court have included the acquittal of MP Christopher de Souza, [8] the fine imposed on Lee Kuan Yew's daughter and niece Kwa Kim Li for her handling of Lee's will, [9] and the suspension of human rights lawyer M Ravi for comments made about the Singapore judiciary. [10] Historical cases have included the suspensions of David Marshall, [11] Francis Seow, [12] and J. B. Jeyaretnam, [13] the lattermost suspension subsequently being reversed by the Privy Council. [14]

See also

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References

  1. ↑ Chan, Jason (January 2021). "Professional Ethics". Law Gazette. Law Society of Singapore.
  2. ↑ "Legal Profession (Proceedings before Court of 3 Supreme Court Judges) Rules 2022". sso.agc.gov.sg. Retrieved 15 March 2024.
  3. ↑ s 59G (1), Medical Registration Act 1997
  4. ↑ Legal Profession Act, ss. 84 and 85.
  5. ↑ LPA, ss. 86–89.
  6. ↑ LPA, s. 93.
  7. ↑ LPA, s. 98.
  8. ↑ "Court acquits lawyer and MP Christopher de Souza of professional misconduct charge". The Straits Times. 31 July 2023.
  9. ↑ Yuen-C, Tham (11 May 2023). "Lee Kuan Yew's lawyer fined $13,000 for breaching confidentiality, misleading executors". The Straits Times. ISSN   0585-3923 . Retrieved 2 August 2023.
  10. ↑ "Lawyer M. Ravi suspended for 5 years over 'baseless' allegations against Attorney-General, Law Society | The Straits Times". www.straitstimes.com. 21 March 2023. Retrieved 21 March 2023.
  11. ↑ Re Marshall David; Law Society of Singaporev Marshall David Saul [1971-1973] SLR(R) 554
  12. ↑ Re Seow Francis T; Law Society of Singapore v Seow Francis T [1971–1973] SLR(R) 727
  13. ↑ "Firebrand". The New Paper. 2 October 2008. Retrieved 19 November 2021.
  14. ↑ "History of the Workers' Party: 1981 to 1986". Archived from the original on 6 February 2005. Retrieved 5 March 2005.
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