In the Matter of Section 21 of the Legal Profession Act (Chapter 161, 1994 Revised Edition) And In the Matter of an application by Sir Allan David Green (Queen"s Counsel)

• Jurisdiction: Singapore
• Judge: Christopher Lau JC
• Judgment Date: 12 August 1996
• Neutral Citation: [1996] SGHC 166
• Court: High Court (Singapore)
• Published date: 19 September 2003
• Year: 1996
• Plaintiff Counsel: Giam Chin Toon
• Defendant Counsel: Ng Der Lim,Ng Cheng Thiam,Sharon Goh
• Citation: [1996] SGHC 166

Judgment:

GROUNDS OF DECISION

1. This was an application by Sir Allan David Green, an English Queen's Counsel, for an ad hoc admission to appear as counsel for Mr Narindar Singh ( the appellant ) in the appellant's appeal to the High Court against his conviction and sentence.

2. The appellant, who is an advocate and solicitor practising in Singapore, was convicted on a charge of corruption under Section 5(a)(i) of the Prevention of Corruption Act, Cap 241 ( the Act ) for acting in conjunction with a condemned prisoner (hereinafter called A ) in corruptly soliciting for the family of A, a gratification of S$100,000.00 from the son of another condemned prisoner (hereinafter called B ) on account of A exonerating B by A's signed statement that B was innocent and was not involved in any drug trafficking transaction.

3. The appellant was sentenced to a term of five months' imprisonment.

4. The issues which, according to the appellant, are to be resolved in the appeals are set out in an affidavit leading to the application. They are :

(a) The legal definition of the word corrupt within the meaning of Section 5(i) of the Act;

(b) Whether a person asking for S$100,000.00 in exchange for his statement to exonerate another was corruptly soliciting within the meaning of the Act;

(c) Whether section 5(i) of the Act is intended to cover the activities referred to in paragraph (b) above or only limited to regulate commercial or professional activities;

(d) Whether for an offence to be committed under Section 5(i) of the Act, the person allegedly soliciting had to receive some benefits from the transaction;

(e) Whether Section 5(i) of the Act is intended to apply to persons acting in a capacity other than as a principal;

(f) Whether the mere interpretation and conveyance of a message that a person wanted money in exchange for that person's statement constituted a situation of acting in conjunction with that person and thereby soliciting for that person; and

(g) Whether soliciting requires an initiative and encouragement and persuasion to perform the desired act.

5. Section 5 of the Act is in the following terms : 5. Any person who shall by himself or by or in conjunction with any other person -

(a) corruptly solicit or receive, or agree to receive for himself, or for any other person; or

(b) corruptly give, promise or offer to any person whether for the benefit of that person or of another person, any gratification as an inducement to or reward for, or otherwise on account of -

(i) any person doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed; or

(ii) any member, officer or servant of a public body doing or forbearing to do anything in respect of any matter or transaction whatsoever, actual or proposed, in which such public body is concerned, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding S$100,000 or to imprisonment for a term not exceeding 5 years or to both.

6. Section 21 of the Legal Profession Act (Cap 161) so far as it is material, provides :

21. (1) Notwithstanding anything to the contrary in this Act, the court may, for the purpose of any one case where the court is satisfied that it is of sufficient difficulty and complexity and having regard to the circumstances of the case, submit to practise as an advocate and solicitor any person who -

(a) holds Her Majesty's Patent as Queen's Counsel;

(b) does not ordinarily reside in Singapore or Malaysia but who has come or intends to come to Singapore for the purpose of appearing in the case; and

(c) has special qualifications or experience for the purpose of the case.

7. The Law Society had no objections to the application but the Attorney-General and the Public Prosecutor did. Mr Ng Der Lim who appeared for the Attorney-General submitted that Section 5 of the Act does not contain any technical words capable of generating complex and difficult legal issues which could not be handled by the appellant's local counsel.

8. Mr Ng Der Lim addressed each of the issues alleged by the appellant as complex issues of law in the following manner :

(a) on the legal definition of the word corrupt , following the decision of the learned Chief Justice in P.P. v Khoo Yong Hak < 1995 > 3 SLR 242 that inter alia, English cases are of little assistance, the best approach to determine whether there is a corrupt element in the transaction and corrupt intent on the part...