Wee Soon Kim Anthony v The Law Society of Singapore: Disciplinary Action for False Affidavit
Wee Soon Kim Anthony appealed against the decision of the High Court to refuse his application to have a complaint against Mr. Davinder Singh SC and Mr. Hri Kumar referred to a Disciplinary Committee. The complaint stemmed from an allegedly false statement in an affidavit prepared by the solicitors in a prior legal proceeding involving Wee and UBS (AG). The Court of Appeal dismissed the appeal, finding that the Inquiry Committee had sufficient grounds to dismiss the complaint and that no prima facie case of professional misconduct was established.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the Law Society's refusal to refer a complaint against two solicitors to a Disciplinary Committee. The court dismissed the appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The Law Society of Singapore | Respondent | Statutory Board | Appeal Upheld | Won | |
| Wee Soon Kim Anthony | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Judge of Appeal | Yes |
| Tan Lee Meng | Judge | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Yang Lih Shyng | Khattar Wong & Partners |
| Candice Kwok | Khattar Wong & Partners |
4. Facts
- Mr. Wee lodged a complaint against two solicitors, Mr. Singh and Mr. Kumar.
- The complaint alleged that the solicitors prepared affidavits containing falsehoods.
- The specific allegation concerned a sentence in an affidavit filed by an officer of UBS, Ms. Shirreen Sin.
- The disputed sentence stated that account opening forms were prepared and executed in Singapore.
- Mr. Wee claimed that the forms for one account were prepared and witnessed in Hong Kong.
- The Inquiry Committee accepted Ms. Shirreen's statement that all forms were executed in Singapore.
- The Inquiry Committee found no prima facie case of misconduct against the solicitors.
5. Formal Citations
- Wee Soon Kim Anthony v The Law Society of Singapore (No 4), CA 600151/2001, [2002] SGCA 24
6. Timeline
| Date | Event |
|---|---|
| Complaint letter lodged by Mr. Wee against Mr. Davinder Singh SC and Mr. Hri Kumar. | |
| High Court directed that one incident of alleged misconduct be referred to an Inquiry Committee. | |
| Mr. Wee applied to the High Court to compel the Law Society to apply to the Chief Justice that a Disciplinary Committee be appointed. | |
| Court of Appeal dismissed the appeal with costs. |
7. Legal Issues
- Professional Misconduct
- Outcome: The court held that no prima facie case of professional misconduct had been established against the solicitors.
- Category: Substantive
- Sub-Issues:
- Preparation of false affidavit
- Failure to verify client instructions
- Role of Inquiry Committee
- Outcome: The court clarified the function of the Inquiry Committee, stating that it is to inquire into complaints, eliminate frivolous complaints, and ensure that only complaints which have been prima facie established will proceed to the Disciplinary Committee.
- Category: Procedural
- Sub-Issues:
- Sifting out frivolous complaints
- Evaluating facts and law
8. Remedies Sought
- Referral to Disciplinary Committee
9. Cause of Actions
- Professional Misconduct
10. Practice Areas
- Disciplinary Proceedings
- Appeals
11. Industries
- Legal Services
- Banking
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Wee Soon Kim Anthony v The Law Society of Singapore | Court of Appeal | Yes | [2001] 2 SLR 145 | Singapore | Cited for the ruling that the Council was required under s 85(1) of the Act to refer a complaint related to the conduct of an advocate and solicitor to an Inquiry Committee. |
| Wee Soon Kim Anthony v The Law Society of Singapore | Court of Appeal | Yes | [2001] 4 SLR 25 | Singapore | Cited for the ruling that it was not proper to permit the two solicitors to intervene in proceedings to compel the Law Society to apply for a Disciplinary Committee. |
| Wee Soon Kim Anthony v The Law Society of Singapore | Unknown | Yes | [1988] 3 MLJ 9 | Singapore | Cited for the principle that there is no general duty on the part of a solicitor to verify the instructions of his client. |
| Tang Liang Hong v Lee Kuan Yew | Unknown | Yes | [1998] 1 SLR 97 | Singapore | Cited for the principle that there is no general duty on the part of a solicitor to verify the instructions of his client. |
| Seet Melvin v Law Society of Singapore | Unknown | Yes | [1995] 2 SLR 323 | Singapore | Cited to support the point that the Act leaves it very much to the IC to determine how it should go about carrying out its task. |
| Re James Gray Exp. The Incorporated Law Society | Unknown | Yes | [1869] 20 LT 730 | England | Cited by Mr. Wee to argue that a complaint relating to the preparation of a false affidavit is prima facie professional misconduct. Distinguished by the court as the solicitor knew that what his client stated was false. |
| Re an Advocate and Solicitor | Unknown | Yes | [1962] MLJ 125 | Malaysia | Cited for the principle that a solicitor who prepared an affidavit containing an untrue statement was found to have knowledge of the falsehood. |
| Whitehouse Holdings Pte Ltd v Law Society of Singapore | Unknown | Yes | [1994] 2 SLR 476 | Singapore | Cited to define the role of the Inquiry Committee. |
| Subbiah Pillai v Wong Meng Meng | Unknown | Yes | [2001] 3 SLR 544 | Singapore | Cited to define the role of the Inquiry Committee. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Affidavit
- Inquiry Committee
- Disciplinary Committee
- Professional Misconduct
- Prima Facie Case
- Legal Profession Act
- Falsehood
- Instructions of Client
15.2 Keywords
- Legal Profession
- Misconduct
- Affidavit
- Singapore
- Law Society
- Disciplinary Committee
- Inquiry Committee
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Legal Profession Act | 90 |
| Disciplinary Proceedings | 85 |
| Legal Ethics and Professional Responsibility | 80 |
| Evidence | 60 |
16. Subjects
- Legal Ethics
- Professional Responsibility
- Civil Litigation