Section 1
Short title
This Act is the Singapore Academy of Law Act 1988.
/akn/sg/act/act/1988/SALA
Singapore Academy of Law Act 1988
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Section 2
Interpretation
Amended [20/2007; 20/2009; 8/2011; 42/2014; 40/2019]
In this Act, unless the context otherwise requires —“Academy” means the Singapore Academy of Law established under section 3;“advocate and solicitor” means an advocate and solicitor of the Supreme Court but excludes any person admitted ad hoc under section 15 of the Legal Profession Act 1966;“Constitution” means the Constitution of the Republic of Singapore;“foreign lawyer” has the meaning given by the Legal Profession Act 1966;“Institute” means the Singapore Institute of Legal Education established under section 3 of the Legal Profession Act 1966;“Law Society” means the Law Society of Singapore established under section 37 of the Legal Profession Act 1966;“Legal Service Officer” means an officer in the Singapore Legal Service;“member” includes a Fellow, honorary member, ordinary member and associate member of the Academy;“president” means the president of the Academy;“qualified person” has the meaning given by section 2 of the Legal Profession Act 1966;“Senate” means the Senate of the Academy established under section 5;“Supreme Court Judge” includes a Judicial Commissioner;“vice-president” means a vice‑president of the Academy.
Definition
“Academy” means the Singapore Academy of Law established under section 3;
Definition
“advocate and solicitor” means an advocate and solicitor of the Supreme Court but excludes any person admitted ad hoc under section 15 of the Legal Profession Act 1966;
Definition
“foreign lawyer” has the meaning given by the Legal Profession Act 1966;
Definition
“Institute” means the Singapore Institute of Legal Education established under section 3 of the Legal Profession Act 1966;
Definition
“Law Society” means the Law Society of Singapore established under section 37 of the Legal Profession Act 1966;
Definition
“Legal Service Officer” means an officer in the Singapore Legal Service;
Definition
“member” includes a Fellow, honorary member, ordinary member and associate member of the Academy;
Definition
“qualified person” has the meaning given by section 2 of the Legal Profession Act 1966;
Definition
“vice-president” means a vice‑president of the Academy.
Amended [20/2007; 20/2009; 8/2011; 42/2014; 40/2019]
Section 3
Establishment of Singapore Academy of Law
A body called the Singapore Academy of Law is established, which is a body corporate with perpetual succession and a common seal, with power to sue and be sued in its corporate name and to acquire and dispose of property, both movable and immovable, and to perform any other acts which bodies corporate may by law perform.
Section 4
Functions and powers of Academy
Amended [4/2010; 8/2011; 38/2020]Amended [4/2010]
(1)
The functions of the Academy are as follows:
(a)
to promote and maintain high standards of conduct and learning of the members of the legal profession in Singapore and the standing of the profession in the region and elsewhere;
(b)
to promote the advancement and dissemination of knowledge of the laws and the legal system;
(c)
to promote legal research and scholarship and the reform and development of the law;
(d)
to provide continuing legal education for its members;
(e)
to provide for the training, education and examination, by the Academy or by any other body, of persons intending to practise the profession of law;
(f)
to consider proposals and suggestions regarding matters which are referred to the Academy by the Law Society or the Institute;
(g)
to refer to the Law Society or the Institute proposals and suggestions regarding matters which in the opinion of the Senate require consideration by the Law Society or the Institute;
(h)
to promote good relations and social interaction among members and between members and law students and persons concerned in the administration of law and justice in Singapore;
(i)
to appoint persons as notaries public or commissioners for oaths and to authenticate their signatures;
(j)
to undertake activities and projects relating to the study, development and operation of laws and legal systems and the facilities, information technology and infrastructure in support thereof;
(k)
to provide consultancy and other services relating to the study, development and operation of laws and legal systems and the facilities, information technology and infrastructure in support thereof;
(l)
to hold moneys, whether as stakeholder or in any other capacity, for the purposes or members of the legal profession in Singapore or under any written law;
(m)
to certify the following aspects of documents executed in or emanating from Singapore for the purposes of their production in another country:
(i)
the authenticity of the signature on the document;
(ii)
the capacity in which the person signing the document has acted;
(iii)
where appropriate, the identity of the seal or stamp that the document bears;
(n)
to exercise the functions and duties conferred on the Academy under any written law.
Amended [4/2010; 8/2011; 38/2020]
(2)
The Academy may for the purpose of performing its functions —
(a)
provide such training and educational facilities for persons practising and intending to practise the profession of law;
(b)
provide training in subjects of study relating to law, the practice of law or the administration of justice;
(c)
appoint trustees of, and to receive, manage and administer, scholarship and other funds;
(d)
establish a library and common rooms for its members;
(e)
grant prizes and scholarships and establish and subsidise lectureships in educational institutions in subjects of study relating to law;
(f)
contribute a collegiate element in the training of students and young lawyers by organising moots, lectures, talks and practical exercises;
(g)
provide facilities for social interaction among its members and between its members and law students;
(h)
purchase or lease any land or building required for any of the purposes of the Academy;
(i)
sell, surrender, lease, exchange or mortgage any land or building as may be found most convenient or advantageous;
(j)
receive grants from the Government or donations and gifts from the Law Society or any source;
(k)
retain, for the purposes of the Academy, any income derived from the holding of moneys under subsection (1)(l);
(l)
borrow money, whether by way of bank overdraft or otherwise, for any of the purposes of the Academy that the Senate from time to time considers desirable;
(m)
invest the moneys and funds of the Academy in any shares, funds, securities or investments authorised by the Senate;
(n)
enter into any arrangements, agreements or joint ventures that are necessary for the attainment of its functions;
(o)
form or participate in the formation of any company for the purpose of carrying out all or any of the functions of the Academy;
(p)
levy and charge fees;
(q)
exercise any powers conferred on the Academy or the Senate under any written law; and(r)do all other things that are incidental or conducive to the attainment of the functions of the Academy.
Amended [4/2010]
Section 5
Constitution of Senate
Amended [20/2007; 20/2009; 8/2011; 41/2014; 16/2016; 30/2017; 40/2019]
(1)
The management of the affairs and properties of the Academy are vested in a Senate consisting of —
(a)
the Chief Justice;
(b)
the Supreme Court Judges;
(c)
the Attorney-General;
(d)
every Deputy Attorney‑General;
(e)
the Solicitor-General;
(f)
the president of the Law Society;
(g)
the Dean of the Faculty of Law of the National University of Singapore, the Dean of the School of Law of the Singapore Management University and the Dean of the School of Law of the Singapore University of Social Sciences; and(h)9 other members who are appointed by the Chief Justice after consultation with the Attorney‑General, the president of the Law Society and the Deans appointed under paragraph (g).
Amended [20/2007; 20/2009; 8/2011; 41/2014; 16/2016; 30/2017; 40/2019]
(2)
A person must not be appointed as a member of the Senate pursuant to subsection (1)(h) unless he or she is a member of the Academy and a citizen of Singapore.
(3)
Any person appointed as a member of the Senate pursuant to subsection (1)(h) holds office for a term of one year and is eligible for re‑appointment on the expiration of his or her term of office.
(4)
Any person holding office as a nominated member of the Senate immediately before 10 November 1995 is deemed to have been appointed under subsection (3).
Section 6
President and vice-presidents
(2)
The Senate may appoint from among its members any number of vice‑presidents of the Academy as it may think fit.
(4)
The president or in his or her absence any of the vice‑presidents presides at all meetings of the Senate.
(5)
A vice-president of the Academy who ceases to be a member of the Senate ceases to be vice‑president.
Section 7
Powers of Senate
(1)
The Senate may perform all such functions and exercise all such powers of the Academy as it thinks fit.
(2)
The Senate may on behalf of the Academy accept by way of grant, gift, testamentary disposition or otherwise, property and moneys in aid of the finances of the Academy on any conditions that the Senate may determine.
Section 8
Employment of officers
The Academy may employ any number of officers that the Senate considers necessary and the duties and salaries of the officers are to be determined by the Senate.
Section 9
Meetings of Senate
(1)
The Senate may meet at such times and places as the Senate or the president may determine.
(2)
A majority of the members of the Senate constitutes a quorum for any meeting of the Senate.
(3)
All questions arising at any meeting of the Senate are to be decided by a majority of the votes of the members present.
(4)
At any meeting of the Senate, the president or in the president’s absence the vice‑president presiding at the meeting has a deliberative vote and has, in the event of an equality of votes, a casting vote.
(5)
Subject to any rules made under this Act, the Senate may regulate its own procedure and, in particular, the holding of meetings, the notice to be given of meetings, the proceedings at those meetings and the keeping of minutes and the custody, production and inspection of those minutes.
(6)
The validity of the proceedings of the Senate is not affected by any vacancy among its members or by any irregularity in the appointment of any member.
Section 10
Appointment of committees and boards
Amended [20/2009]
(1)
The Senate may appoint one or more committees and boards for any general or special purpose which, in the opinion of the Senate, may be better dealt with or managed by a committee or board.
(2)
The Senate may delegate to any committee or board appointed under subsection (1), with or without restrictions or conditions as the Senate thinks fit, any function or power that may be performed or exercised by the Senate, other than the power to make rules under section 27.
(3)
The number and term of office of the members of a committee or board appointed under this section, and the number of those members necessary to form a quorum, are to be fixed by the Senate.
(4)
A committee or board appointed under this section may include persons who are not members of the Academy.
(5)
Every committee or board appointed under subsection (1) must have among its members at least one person who is a practising advocate and solicitor and who has, for an aggregate period of 7 years, been a practising advocate and solicitor or a Legal Service Officer or both, nominated by the Council of the Law Society.
Amended [20/2009]
(6)
Subsection (5) does not apply if one of the members of the committee or board is a member of the Council of the Law Society.
Section 11
Categories and rights of members
(1)
The Academy consists of the following categories of members:
(a)
Fellows;
(b)
honorary members;
(c)
ordinary members; (d)associate members.
(2)
Subject to subsection (3), the members of the Academy are entitled to the use of the library and other premises of the Academy subject to the terms and conditions determined by the Senate and to the privileges conferred on them by the Senate.
(3)
The Senate may restrict the use of the facilities or any part of the premises of the Academy to any category of members.
(4)
The rights or privileges of any member of the Senate or member of the Academy are not in any way transferable or transmissible, but all such rights and privileges cease upon the member of the Senate or the member of the Academy ceasing to be such member whether by death, retirement or otherwise.
Section 12
Fellows of Academy
Amended [41/2014; 40/2019]
The Fellows of the Academy consist of —
(a)
the president and vice-presidents of the Academy;
(b)
all other members of the Senate except for those appointed under section 5(1)(h);
(c)
persons who have since 1 January 1980 held office as Chief Justice, Judge of the Supreme Court, Supreme Court Judge, Attorney‑General, Deputy Attorney‑General or Solicitor‑General for at least 2 years;
(d)
honorary or associate members who are elected by the Senate as Fellows for life or for any period that the Senate in any case considers appropriate; and(e)members who have been appointed as Senior Counsel under the Legal Profession Act 1966.
Section 13
Honorary members
The Senate may elect as an honorary member of the Academy any person that the Senate thinks fit, either for life or for any period that the Senate in any case considers appropriate.
Section 14
Ordinary members
Amended [20/2009; 8/2011; 40/2014]
Every person who —
(a)
is admitted as an advocate and solicitor, whether or not he or she has in force a practising certificate issued under section 25 of the Legal Profession Act 1966;
(b)
is a Legal Service Officer; or(c)being a foreign lawyer —
(i)
is registered under section 36B or 36D of the Legal Profession Act 1966; or(ii)is granted approval under section 176(1) of the Legal Profession Act 1966,becomes, by virtue of this section and without election, admission or appointment by the Senate, an ordinary member of the Academy unless he or she is disqualified from being a member under section 16 or his or her membership has been terminated under section 18.
Section 15
Associate members
The Senate may elect as associate members of the Academy persons who may benefit from, or be able to contribute to, the work of the Academy.
Section 16
Disqualifications for membership of Academy
Amended [20/2007; 21/2008; 20/2009; 8/2011; 40/2014; 16/2016; 30/2017]
(1)
A person is not qualified to be a member of the Academy or, if he or she is a member, ceases to be a member if —
(a)
he or she has been struck off the roll;
(b)
being a Legal Service Officer, he or she has been dismissed from the Singapore Legal Service for misconduct in his or her professional capacity;
(c)
being a foreign lawyer mentioned in section 14(c), his or her registration under section 36B or 36D of the Legal Profession Act 1966, or his or her approval under section 176(1) of that Act, is cancelled;
(d)
being a member of the Faculty of Law of the National University of Singapore, the School of Law of the Singapore Management University or the School of Law of the Singapore University of Social Sciences, he or she has been dismissed from the Faculty or School (as the case may be) for misconduct in the discharge of his or her duties;
(e)
he or she has been convicted of an offence involving fraud or dishonesty;
(f)
he or she has a mental disorder and is incapable of managing himself or herself or his or her affairs;
(g)
he or she is an undischarged bankrupt; or(h)he or she has entered into a composition with his or her creditors or a deed of arrangement for the benefit of his or her creditors.
Amended [20/2007; 21/2008; 20/2009; 8/2011; 40/2014; 16/2016; 30/2017]
(2)
Any question whether a person has ceased to be a member is to be determined by the Senate whose decision is final.
(3)
Where a member of the Academy has been suspended from practising as an advocate and solicitor for any period, his or her membership is deemed to be suspended for the duration of his or her suspension.
(4)
Where a member being an advocate and solicitor has been struck off the roll, he or she on being reinstated to the roll becomes a member of the Academy.
(5)
Subsection (4) does not affect the right of the Senate to terminate the membership of any such member pursuant to section 18.
Section 17
Annual subscriptions payable by members
(1)
Every member must pay to the Academy an annual subscription of an amount determined by the Senate which becomes due and payable on the day appointed by the Senate.
(2)
In fixing the amount of annual subscription, the Senate is at liberty —
(a)
to divide members of each category into classes;
(b)
to provide that different amounts are to be paid by different classes and extend over different periods; and(c)generally to regulate, and to vary from time to time, the subscriptions payable by members or different classes of members as the Senate thinks fit.
(3)
If any member fails to pay his or her annual subscription within 30 days of the subscription becoming due, he or she must pay interest (if any) at the rate determined by the Senate.
Section 18
Termination of membership
(1)
The Senate may by resolution terminate the membership of a member if he or she has been guilty of conduct which in the opinion of the Senate renders him or her unfit to be a member or would bring the Academy into disrepute.
(2)
A member’s membership must not be terminated unless the member concerned has been given an opportunity to give an explanation in writing as to why his or her membership should not be terminated under subsection (1).
Section 19
Proper accounts to be kept
The Senate must cause proper books of accounts to be kept with respect to —
(a)
all sums of moneys received and expended by the Academy and the matters in respect of which the receipt and expenditure take place; and(b)all property acquired by the Academy.
Section 20
Financial statements
The Senate must from time to time cause to be prepared financial statements that will give a true and fair view of the income and expenditure of the Academy and its assets and liabilities.
Section 21
Financial statements to be available for members’ inspection
Amended [26/2001]Amended [26/2001]Amended [26/2001]
(1)
The financial statements and the auditor’s report on the financial statements must, as soon as practicable after they have been prepared, be made available for inspection by all members at such time and place as the Senate may determine.
Amended [26/2001]
(2)
Copies of —
(a)
the financial statements and the auditor’s report on the financial statements; or(b)a summary financial statement derived from the financial statements, the auditor’s report on the financial statements and a statement by the auditor as to whether the summary financial statement is consistent with the financial statements and the auditor’s report on the financial statements,must be circulated to all members other than those falling within classes of members prescribed under subsection (3)(a).
Amended [26/2001]
(3)
The Senate may make rules —
(a)
to provide that copies of the documents referred to in subsection (2) need not be circulated to specified classes of members;
(b)
to prescribe the conditions which must be satisfied before copies of the documents referred to in subsection (2)(b) may be circulated to members; and(c)to prescribe the information which the summary financial statement must contain.
Amended [26/2001]
Section 22
Appointment and powers of Academy’s auditor
(1)
The accounts of the Academy must be audited by an auditor appointed annually by the Senate.
(2)
A person must not be appointed as an auditor of the Academy unless the person is a public accountant within the meaning of the Companies Act 1967.
(3)
The Academy’s auditor must report —
(a)
whether the financial statements show fairly the financial transactions and the state of affairs of the Academy; and(b)on any other matters arising from the audit that the auditor considers necessary.
(4)
The Academy’s auditor must state in the auditor’s report whether —
(a)
proper accounting and other records have been kept;
(b)
the financial statements are prepared on a basis similar to that adopted for the preceding year; and(c)the financial statements are in agreement with the accounting and other records.
(5)
The Academy’s auditor or a person authorised by the auditor is entitled to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the Academy and may make copies of, or extracts from, any such accounting and other records.
(6)
The Academy’s auditor or a person authorised by the auditor may require any person to provide the auditor with any information which that person possesses or has access to that the auditor or duly authorised person considers necessary for the purposes of the functions of the auditor under this Act.
(7)
An officer of the Academy who refuses or fails, without any reasonable cause, to allow the Academy’s auditor access to any accounting and other records of the Academy in the officer’s custody or power or to give any information possessed by the officer as and when required or who otherwise hinders, obstructs or delays the Academy’s auditor in the performance of his or her duties or the exercise of his or her powers shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.
Section 23
Income of Academy to be exempt from tax, etc.
Amended [4/2010]
The Academy is deemed to be an institution specified in the First Schedule to, and under section 13(1)(e) of, the Income Tax Act 1947.
Section 24
Common seal
(1)
The common seal of the Academy may be broken, changed, altered and made anew as the Senate thinks fit.
(2)
All deeds, documents and other instruments requiring the seal of the Academy must be sealed with the common seal of the Academy.
(3)
Every instrument to which the common seal is affixed must be signed by a member and must be countersigned by any 2 members of the Senate duly authorised by the Senate for that purpose, and such signing is sufficient evidence that the seal was duly and properly affixed and that the seal is the lawful seal of the Academy.
(4)
The Senate may, by resolution or otherwise, appoint an officer of the Academy or any other agent, either generally or in a particular case, to execute or sign on behalf of the Academy any agreement or other instrument not under seal in relation to any matter coming within the powers of the Academy.
(5)
Section 11 of the Registration of Deeds Act 1988 does not apply to any instrument purporting to have been executed under subsection (2).
Section 25
Recovery of subscriptions, moneys due and full costs
The Senate may recover any subscription or other moneys due and payable to the Academy and any interest thereon as a debt due to the Academy and the Academy is entitled to the payment of its full costs as between solicitor and client.
Section 26
No action can be maintained by members against Academy
No action shall be maintained against the Academy and the members of the Senate by an advocate and solicitor or by a member or qualified person in respect of any act done by the members of the Senate in their official capacity.
Section 27
Power to make rules
(1)
The Senate may make any rules that it considers necessary or expedient to give effect to the provisions and purposes of this Act and for the due administration of this Act.
(2)
Rules made under this Act may make different provisions for different classes of persons and different circumstances.