1

No. S 553
LEGAL PROFESSION ACT
(CHAPTER 161)
LEGAL PROFESSION (FOREIGN PRACTITIONER
EXAMINATIONS) RULES 2011

ARRANGEMENT OF RULES
Rule
1. Citation and commencement
2. Definitions
3. Administration of Examinations
4. Application to sit for Examinations
5. Application to review decision of Director
6. Examination fee
7. Code of Conduct
8. Results of Examinations
9. Examinations Review Board
10. Examinations Disciplinary Committee
11. Report of Misconduct to Examinations Disciplinary
Committee
12. Inquiry by Examinations Disciplinary Committee
13. Action by Board
14. Continuing liability under these Rules
15. Power of Institute to revoke certificates, awards and prizes
16. Exemption
17. Guidelines
The Schedule
 2

In exercise of the powers conferred by section 10(1) and (2) of

the Legal Profession Act, the Board of Directors of the Singapore
Institute of Legal Education, after consulting the Minister for Law
and the Council of the Law Society of Singapore, hereby makes the
following Rules:

Citation and commencement

1. These Rules may be cited as the Legal Profession (Foreign
Practitioner Examinations) Rules 2011 and shall come into
operation on 29th September 2011.

Definitions
2. In these Rules, unless the context otherwise requires —
“Board” means the Board of Directors of the Institute;
“candidate” means a person whose application to sit for the
Examinations has been approved;
“Chairman” means the Chairman of the Institute;
“Code of Conduct” means the Code of Conduct issued by the
Director under rule 7 and includes the Code of Conduct as
amended from time to time under that rule;
“Director” means the Director of the Examinations appointed
by the Board, and includes any Deputy Director of the
Examinations appointed by the Board;
“examination centre” means the premises on which the
Examinations are conducted;
“Examinations” means the Foreign Practitioner Examinations
conducted by the Institute for the purposes of rule 20 of the
Legal Profession (International Services) Rules 2008
(G.N. No. S 481/2008);
“Examinations Disciplinary Committee” means the
Examinations Disciplinary Committee appointed by the
Chairman under rule 10;
“Examinations Review Board” means the Examinations Review
Board appointed by the Chairman under rule 9;
 3

“misconduct” means any act, conduct or neglect that is in

contravention of the Code of Conduct and includes any act or
conduct referred to in rule 11(1).

Administration of Examinations
3.—(1) The Examinations shall be held at such times and in such
format as the Board may determine.
(2) The Institute may appoint such examiners as it considers
necessary to assist in the administration and conduct of the
Examinations.

Application to sit for Examinations

4.—(1) A person who applies to be registered by the Attorney-
General to practise Singapore law under section 130I of the Act
cannot, for the purposes of satisfying any requirement for such
registration, or of ascertaining whether any such requirement is
satisfied, rely on any determination of the person’s eligibility to sit
for the Examinations by the Director, the Examinations Review
Board or the Institute.
(2) An application to sit for a particular session of the
Examinations shall —
(a) be made to the Director —
(i) in such form and manner as the Director may require;
(ii) within such period as the Director may specify; and
(iii) regardless of whether the applicant has been
exempted by the Minister under rule 16(1) from all
or any, or from the whole or any part of any, of the
requirements under paragraph (3)(b) to (g); and
(b) be accompanied by —
(i) a non-refundable application fee of the amount
specified in the Schedule; and
(ii) such documents as the Director may require.
 4

(3) Subject to rule 16, but without prejudice to paragraph (6), a

person shall not be eligible, and the Director shall not approve the
person’s application, to sit for a particular session of the
Examinations unless, at the time the application is made under
paragraph (2), the person —
(a) is a foreign lawyer;
(b) has attained the age of 21 years;
(c) is not the subject of any disciplinary proceedings as a
solicitor or foreign lawyer in Singapore or elsewhere and
has not been previously disciplined for any disciplinary
offence;
(d) is not a party to any criminal or civil proceedings that may
lead to disciplinary proceedings being taken against him as
a solicitor or foreign lawyer in Singapore or elsewhere;
(e) is not, as a result of any criminal or civil proceedings
against him in Singapore or elsewhere, prohibited from
practising law in Singapore or elsewhere or subject to any
special conditions in the practice of law;
(f) has, after becoming a foreign lawyer, been engaged in
relevant legal practice or work, in Singapore or elsewhere,
in one or more of the permitted areas of legal practice in
any foreign law, for at least 3 years in the 5 years
immediately preceding the date on which the application is
made;
(g) is practising in Singapore as a foreign lawyer in a Joint Law
Venture, Qualifying Foreign Law Practice, licensed foreign
law practice or Singapore law practice, or has received a job
offer to practise in Singapore as a foreign lawyer in a Joint
Law Venture, Qualifying Foreign Law Practice, licensed
foreign law practice or Singapore law practice (being a job
offer which may, but need not, be contingent on him
passing the Examinations); and
(h) is not disentitled from sitting for that session of the
Examinations under rule 13(1)(a).
 5

(4) For the purposes of paragraph (3), the Director may require a
foreign lawyer —
(a) to provide, in addition to any documents referred to in
paragraph (2)(b)(ii), such other evidence as the Director
considers necessary;
(b) to depose to any facts relevant to the application by a
statutory declaration; and
(c) to attend an interview.
(5) For the purposes of determining whether a foreign lawyer has
been engaged in relevant legal practice or work for at least 3 years,
as set out under paragraph (3)(f), any period spent in attending any
course of instruction, course of study or postgraduate education (not
being a period spent to satisfy any applicable requirements relating
to continuing professional development), and any period spent in
serving any articles, period of pupillage, practice training period or
other period of supervised training in relation to the practice of law
(by whatever name called), shall be disregarded.
(6) Without prejudice to paragraph (3), a foreign lawyer who has
failed the Examinations twice within a period of 5 years shall not be
eligible, and the Director shall not approve the person’s application,
to sit for another session of the Examinations until a period of 3
years has elapsed from the year in which he last failed the
Examinations.
(7) In this rule, “relevant legal practice or work” means —
(a) active practice as —
(i) a legal practitioner, by whatever name called, in any
jurisdiction other than Singapore; or
(ii) a foreign lawyer in Singapore; or
(b) work of a legal nature which is performed as a legal counsel
in any corporation or other entity the equity securities of
which are listed on the official list of a securities exchange
in Singapore or elsewhere.
 6

Application to review decision of Director

5.—(1) Any person who, having applied under rule 4(2) to sit for
a particular session of the Examinations, is aggrieved by a decision
of the Director under rule 4(3) may, within 14 days after the date on
which the decision was communicated to him, apply to the Institute
in such manner as the Institute may specify for the decision to be
reviewed by the Examinations Review Board.
(2) Every application under paragraph (1) for a review of a
decision of the Director shall be accompanied by a fee for that
purpose of the amount specified in the Schedule.
(3) Upon considering an application by an aggrieved person under
paragraph (1), the Examinations Review Board may —
(a) approve the person’s application under rule 4(2) to sit for a
particular session of the Examinations —
(i) unconditionally; or
(ii) subject to the person complying with such conditions
as the Examinations Review Board may impose; or
(b) affirm the decision of the Director.
(4) Where the Examinations Review Board has approved under
paragraph (3)(a)(i) a person’s application under rule 4(2) to sit for a
particular session of the Examinations, the Examinations Review
Board may order that the fee paid by the person under paragraph (2)
be refunded to the person.
(5) The Examinations Review Board shall give notice in writing
to a person who has made an application under paragraph (1) of its
decision, and the decision of the Examinations Review Board shall
be final.

Examination fee
6.—(1) Where the Director or the Examinations Review Board
has approved a person’s application under rule 4(2) to sit for a
particular session of the Examinations, the person shall pay to the
Institute, in such manner and within such period as the Director may
 7

specify, an examination fee for that particular session of the

Examinations of the amount specified in the Schedule.
(2) If the person fails to pay the Institute the examination fee for
that particular session of the Examinations within the period
specified by the Director under paragraph (1), the person shall not
be entitled to sit for that particular session of the Examinations,
notwithstanding the approval of the person’s application under
rule 4(2) to sit for that particular session of the Examinations.

Code of Conduct
7.—(1) The Director may, with the approval of the Board, issue
and from time to time amend a Code of Conduct for the
Examinations.
(2) It shall be the duty of every candidate to comply with the Code
of Conduct.
(3) The Director shall cause the Code of Conduct to be published
in such manner as he may think necessary and appropriate to bring
it to the attention of all candidates.

Results of Examinations
8.—(1) The Director shall release the results of a particular
session of the Examinations as soon as is practicable after that
particular session of the Examinations.
(2) A candidate who has failed a particular session of the
Examinations may, within one month after the date of the release of
the results of that particular session of the Examinations, apply to
the Institute in such manner as the Institute may specify for his
results in that particular session of the Examinations to be reviewed
by the Examinations Review Board.
(3) Every application under paragraph (2) for the review of the
results of a candidate shall be accompanied by the fee for that
purpose specified in the Schedule.
(4) Where a candidate has made an application under
paragraph (2) for his results in a particular session of the
Examinations to be reviewed, the Examinations Review Board shall
 8

review the answer scripts submitted by the candidate for that

particular session of the Examinations to determine the merits of the
application.
(5) For the purposes of reviewing the results of a candidate, the
Examinations Review Board may, but need not, by notice in
writing, call upon the candidate to attend before the Examinations
Review Board at the time and place specified in the notice for an
oral examination.
(6) If a candidate does not attend before the Examinations Review
Board when called upon to do so under paragraph (5), the
Examinations Review Board may proceed with its review in his
absence.
(7) After the Examinations Review Board has conducted its
review of a candidate’s results in a particular session of the
Examinations, the Examinations Review Board may —
(a) substitute the candidate’s original results in that particular
session of the Examinations with new results; or
(b) affirm the candidate’s original results in that particular
session of the Examinations.
(8) Where, after conducting a review, the Examinations Review
Board determines that a candidate has passed the Examinations, the
Examinations Review Board may order that the fee paid by the
candidate under paragraph (3) be refunded to the candidate.
(9) The Examinations Review Board shall give notice in writing
to the candidate concerned of its decision, and the decision of the
Examinations Review Board shall be final.

Examinations Review Board

9.—(1) The Chairman may appoint any 2 or more members of the
Board to constitute an Examinations Review Board, and shall
appoint one of the members of the Examinations Review Board to
preside over it.
 9

(2) The Examinations Review Board may be appointed in

connection with one or more matters or for a fixed period of time as
the Chairman may think fit.
(3) If any member of the Examinations Review Board is unable to
act for any reason in any case, the Chairman may appoint another
member of the Board to replace him for that case.
(4) The Director shall be the secretary of the Examinations
Review Board.
(5) A decision of the Examinations Review Board shall be made
by a majority vote of its members except that, in the event of an
equality of votes, the member presiding shall have a casting vote in
addition to his original vote.
(6) The Examinations Review Board shall not be bound to act in a
formal manner and may determine its own procedures.
(7) The Examinations Review Board shall not be bound by the
provisions of the Evidence Act (Cap. 97) or by any other law
relating to evidence, and may inform itself on any matter in such
manner as it thinks fit.

Examinations Disciplinary Committee

10.—(1) The Chairman may appoint any 3 members of the Board
to constitute an Examinations Disciplinary Committee, and shall
appoint one of the members of the Examinations Disciplinary
Committee to preside over it.
(2) The Examinations Disciplinary Committee may be appointed
in connection with one or more matters or for a fixed period of time
as the Chairman may think fit.
(3) If any member of the Examinations Disciplinary Committee is
unable to act for any reason in any case, the Chairman may appoint
another member of the Board to replace him for that case.
(4) The Director shall be the secretary of the Examinations
Disciplinary Committee.
(5) A decision of the Examinations Disciplinary Committee shall
be made by a majority vote of its members.
 10

(6) The Examinations Disciplinary Committee shall not be bound

to act in a formal manner and may determine its own procedures.
(7) The Examinations Disciplinary Committee shall not be bound
by the provisions of the Evidence Act (Cap. 97) or by any other law
relating to evidence, and may inform itself on any matter in such
manner as it thinks fit.

Report of Misconduct to Examinations Disciplinary Committee

11.—(1) The Director shall report the matter to the Examinations
Disciplinary Committee if he has reason to believe that a
candidate —
(a) has cheated in the Examinations, or attempted to cheat in
the Examinations, has facilitated the cheating of another
candidate in the Examinations, or has otherwise breached
the Code of Conduct;
(b) has committed any offence in the examination centre;
(c) has, in dealing with the Institute, acted fraudulently or
dishonestly; or
(d) has done any other act or conducted himself in any other
manner which —
(i) is unbefitting of a candidate or implies a defect of
character making him unfit for the legal profession;
and
(ii) is, in the opinion of the Director, of sufficient gravity
to warrant a report to the Examinations Disciplinary
Committee.
(2) The Director shall notify the candidate concerned in writing
that he has made the report under paragraph (1) as soon as it is
practicable to do so.

Inquiry by Examinations Disciplinary Committee

12.—(1) Upon receiving a report from the Director under rule 11,
the Examinations Disciplinary Committee shall conduct an inquiry
into the matter to determine if any action should be taken in respect
 11

of the candidate concerned and shall, by notice in writing, call upon

the candidate concerned —
(a) to show cause, in writing and within such time as may be
specified in the notice, as to why he should not be dealt with
by the Board under rule 13; or
(b) to attend before the Examinations Disciplinary Committee
at the time and place specified in the notice to show cause
as to why he should not be dealt with by the Board under
rule 13.
(2) The Examinations Disciplinary Committee may also call upon
any other person —
(a) to furnish to the Examinations Disciplinary Committee in
writing; or
(b) to attend before the Examinations Disciplinary Committee
at the time and place specified in the notice to furnish,
any information or evidence as it thinks necessary for the purposes
of its inquiry.
(3) If the candidate concerned does not attend before the
Examinations Disciplinary Committee when called upon to do so
under paragraph (1), the Examinations Disciplinary Committee may
proceed with its inquiry in his absence.
(4) If, in the course of its inquiry, the Examinations Disciplinary
Committee receives information that the candidate has committed
any misconduct that has not been referred to in the Director’s report
under rule 11, the Examinations Disciplinary Committee may, after
giving notice to the candidate concerned, decide on its own motion
to inquire into that misconduct.
(5) After the Examinations Disciplinary Committee has conducted
its inquiry and given the candidate concerned a reasonable
opportunity of being heard, the Examinations Disciplinary
Committee shall submit a report of its findings to the Board and
recommend to the Board the action to be taken in respect of the
candidate concerned.
 12

(6) If any candidate, in connection with an inquiry being

conducted by the Examinations Disciplinary Committee, furnishes
to the Examinations Disciplinary Committee any information or
evidence which he knows or has reason to believe to be false or
misleading in a material particular, the Examinations Disciplinary
Committee may, after giving him a reasonable opportunity to show
cause as to why he should not be dealt with by the Board under rule
13, report the matter to the Board and recommend to the Board the
action to be taken against him.

Action by Board
13.—(1) Upon receiving and considering the report and
recommendation of the Examinations Disciplinary Committee under
rule 12, the Board may —
(a) disentitle the candidate concerned from sitting for the
session of the Examinations concerned, or from sitting for
that and subsequent sessions of the Examinations for such
period as the Board may determine;
(b) deprive the candidate concerned of a pass in the
Examinations;
(c) refuse to issue to the candidate concerned any certificate
which may be issued by the Institute in relation to the
Examinations, whether absolutely or until —
(i) the candidate concerned has complied with such
conditions as the Board may impose; or
(ii) such period of time, as determined by the Board, has
elapsed;
(d) revoke any certificate, award or prize that has already been
granted to the candidate concerned;
(e) issue a written notice to the candidate concerned directing
him to comply with such requirements as the Board may
specify in the notice;
 13

(f) issue a private reprimand to the candidate concerned that

may, at the Board’s discretion, form part of the candidate’s
official record;
(g) issue a censure to the candidate concerned which may be
published in such manner and to such persons as the Board
thinks fit;
(h) withdraw from the candidate concerned, whether absolutely
or partially, and whether permanently or for such period as
the Board may specify, any facility, privilege or benefit
granted by the Board to candidates; or
(i) determine that no action be taken against the candidate
concerned.
(2) If the candidate concerned fails to comply with a written
notice issued to him under paragraph (1)(e), the Board may deal
with him in any other manner provided for in paragraph (1) as it
thinks fit.
(3) A candidate who has been dealt with by the Board under
paragraph (1) shall not be entitled to any refund of any fee paid by
him to the Institute for the Examinations.
(4) The members of the Examinations Disciplinary Committee
shall not participate in the Board’s deliberation of its report or vote
on the action to be taken by the Board in respect of the matter.
(5) The Board shall give notice in writing to the candidate
concerned of its decision and the action (if any) that it has decided
to take against him, and the decision of the Board shall be final.
(6) In paragraph (1)(d), “award” includes an award of a pass or
distinction in the Examinations.

Continuing liability under these Rules

14.—(1) Notwithstanding the fact that a person has ceased to be a
candidate upon his withdrawal from any session of the
Examinations or upon the conclusion of any session of the
Examinations (being a session of the Examinations during which he
has failed the Examinations) —
 14

(a) such person shall, for a period of 3 months from the date he
ceased to be a candidate —
(i) continue to be subject to these Rules in respect of
any misconduct that he may have committed while
he was a candidate; and
(ii) be liable to be dealt with in accordance with rules 11,
12 and 13 for the misconduct as if he were still a
candidate; and
(b) the Institute may withhold the issue of any document to
such person until the matter has been determined and
disposed of by the Board under rule 13.
(2) Notwithstanding the fact that a person has ceased to be a
candidate upon the conclusion of any session of the Examinations
(being a session of the Examinations during which he has passed the
Examinations) —
(a) such person shall, for so long as he is entitled to apply for
registration under section 130I of the Act, or for the renewal
of such registration under section 130P of the Act, on
account of having passed those Examinations —
(i) continue to be subject to these Rules in respect of
any misconduct that he may have committed while
he was a candidate; and
(ii) be liable to be dealt with in accordance with rules 11,
12 and 13 for the misconduct as if he were still a
candidate; and
(b) the Institute may withhold the issue of any certificate or
document to such person until the matter has been
determined and disposed of by the Board under rule 13.

Power of Institute to revoke certificates, awards and prizes

15.—(1) The Institute may revoke any certificate, award or prize
granted or issued by it in relation to the Examinations to any person
if the Institute is satisfied that —
 15

(a) the person has obtained the certificate, award or prize

through dishonest or fraudulent means; or
(b) the person has made any statement which is false in any
material particular, or made or produced or caused to be
made or produced any false or fraudulent certificate or other
academic qualification, in or in relation to his application to
sit for any session of the Examinations.
(2) The Institute shall, before revoking any certificate, award or
prize under paragraph (1), give the person concerned notice in
writing of its intention to do so, specifying a date, not less than 21
days after the date of the notice, upon which the revocation shall
take effect and calling upon the person to show cause to the Institute
why the certificate, award or prize should not be revoked.
(3) When the Institute has revoked any certificate, award or prize
under paragraph (1) —
(a) the Institute shall inform the person concerned by notice in
writing of the revocation and cause the revocation to be
notified in the Gazette; and
(b) the person concerned shall, where applicable, return the
certificate, award or prize to the Institute within such time
as the Institute may allow.
(4) The certificate, award or prize shall cease to be valid upon its
revocation.
(5) In this rule, “award” includes an award of a pass or a
distinction in the Examinations.

Exemption
16.—(1) Upon an application made to the Minister by any foreign
lawyer, the Minister may exempt the foreign lawyer from all or any,
and from the whole or any part of any, of the requirements under
rule 4(3)(b) to (g), if the Minister is of the opinion that the foreign
lawyer is, by reason of his standing and experience or for any other
cause, a fit and proper person to be so exempted.
 16

(2) Every application under paragraph (1) shall be accompanied

by an application fee of the amount specified in the Schedule.
(3) An exemption granted to a foreign lawyer under
paragraph (1) —
(a) may be subject to such conditions as the Minister may think
fit to impose by notice in writing to the foreign lawyer;
(b) shall be notified in writing to the foreign lawyer; and
(c) need not be published in the Gazette.

Guidelines
17.—(1) The Institute may, from time to time, issue guidelines for
the purposes of these Rules.
(2) The guidelines issued under paragraph (1) may explain, clarify
or provide examples or illustrations to explain or clarify any
requirement under these Rules.

THE SCHEDULE

Rules 4(2)(b)(i), 5(2), 6, 8(3) and

16(2)

FEES (INCLUSIVE OF GOODS AND SERVICES TAX)

1. Non-refundable application fee under rule 4(2)(b)(i): $321
2. Fee under rule 5(2) for review of decision of Director: $214
3. Examination fee under rule 6: $7,704
4. Fee under rule 8(3) for review of results of candidate in Examinations: $535
5. Application fee under rule 16(2): $350
 17

Made this 29th day of September 2011.

JUSTICE V K RAJAH
Chairman,
Singapore Institute of Legal
Education.

[SILE/2011/3/FPE; AG/LLRD/SL/161/2010/17 Vol. 1]

(To be presented to Parliament under section 131 of the Legal

Profession Act).