Law Society v Liew Boon Kwee: Show Cause Action for Improperly Procuring Conveyancing Work
The Law Society of Singapore applied to the High Court for James Liew Boon Kwee to show cause as to why he should not be disciplined for offering monetary rewards to individuals referring conveyancing work to him. Liew was found to have breached the Legal Profession Act by attempting to procure work through remuneration. The High Court, with Justices Andrew Ang, Chan Sek Keong, and Tay Yong Kwang, found cause for disciplinary action and suspended Liew from practice for 12 months, ordering him to pay costs for the application and disciplinary committee proceedings.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Show cause order made absolute; respondent suspended from practice for 12 months.
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Law Society's application for Liew Boon Kwee to show cause for offering monetary reward for conveyancing work referrals. The court imposed a 12-month suspension.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Law Society of Singapore | Applicant | Statutory Board | Application granted | Won | S Magintharan |
| Liew Boon Kwee James | Respondent | Individual | Show cause order made absolute | Lost | Prem Gurbani |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Ang | Judge | No |
| Chan Sek Keong | Chief Justice | Yes |
| Tay Yong Kwang | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Prem Gurbani | Gurbani & Co |
| S Magintharan | Netto & Magin LLC |
4. Facts
- Liew Boon Kwee was an advocate and solicitor in Singapore.
- Liew Boon Kwee's employee, Tan Jeok Kiow, offered remuneration to Jenny Lee Pei Chuan for referring conveyancing work.
- Jenny Lee Pei Chuan was a part-time private investigator and real estate agent.
- Jenny Lee Pei Chuan was engaged by Dong Security & Investigation Agency to investigate suspected touting by law firms.
- Tan Jeok Kiow paid Jenny Lee Pei Chuan $250 for referring a conveyancing transaction.
- Audio/video recordings captured conversations between Jenny Lee Pei Chuan and Tan Jeok Kiow regarding referral fees.
- Liew Boon Kwee did not testify or call witnesses in his defense before the disciplinary committee.
5. Formal Citations
- Law Society of Singapore v Liew Boon Kwee James, OS 220/2007, SUM 792/2007, [2007] SGHC 209
- Law Society of Singapore v Tan Guat Neo Phyllis, , [2007] SGHC 207
- Law Society of Singapore v Bay Puay Joo Lilian, , [2007] SGHC 208
- Wong Keng Leong Rayney v Law Society of Singapore, , [2007] SGCA 42
6. Timeline
| Date | Event |
|---|---|
| Employee of Liew Boon Kwee & Co attempted to procure conveyancing work by offering remuneration to Jenny Lee Pei Chuan. | |
| Liew Boon Kwee authorized the payment of $250 to Jenny Lee Pei Chuan for procuring legal business. | |
| Judgment reserved. | |
| High Court issued decision suspending Liew Boon Kwee from practice for 12 months. |
7. Legal Issues
- Improper Procurement of Conveyancing Work
- Outcome: The court found that the respondent had engaged in improper conduct by attempting to procure conveyancing work through remuneration.
- Category: Substantive
- Sub-Issues:
- Offering monetary reward for referrals
- Admissibility of Evidence
- Outcome: The court found the audio/video recordings to be admissible and reliable.
- Category: Procedural
- Sub-Issues:
- Entrapment evidence
- Reliability of audio/video recordings
- Drawing of Adverse Inferences
- Outcome: The court upheld the disciplinary committee's decision to draw adverse inferences against the respondent for failing to give evidence.
- Category: Procedural
- Sub-Issues:
- Failure to give evidence
- Failure to call witnesses
8. Remedies Sought
- Disciplinary Action
- Suspension from Practice
- Payment of Costs
9. Cause of Actions
- Breach of Legal Profession Act
- Grossly Improper Conduct
10. Practice Areas
- Disciplinary Proceedings
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Law Society of Singapore v Tan Guat Neo Phyllis | High Court | Yes | [2007] SGHC 207 | Singapore | Cited as a similar case involving disciplinary offences related to payment of referral fees for conveyancing work. |
| Law Society of Singapore v Bay Puay Joo Lilian | High Court | Yes | [2007] SGHC 208 | Singapore | Cited as a similar case involving disciplinary offences related to payment of referral fees for conveyancing work. |
| Wong Keng Leong Rayney v Law Society of Singapore | Court of Appeal | Yes | [2007] SGCA 42 | Singapore | Cited as an appeal to the Court of Appeal based on similar facts regarding referral fees. |
| Regina v Looseley | House of Lords | Yes | [2001] 1 WLR 2060 | England and Wales | Cited by the respondent to argue that prosecution founded on entrapment evidence was an abuse of process. |
| Regina v Sang | House of Lords | Yes | [1980] AC 402 | England and Wales | Cited by the Law Society to argue that it is still the law in Singapore. |
| SM Summit Holdings Ltd v PP | High Court | Yes | [1997] 3 SLR 922 | Singapore | Cited by the respondent to argue that the court should exclude the entrapment evidence. |
| Wong Keng Leong Rayney v Law Society of Singapore | High Court | Yes | [2006] 4 SLR 934 | Singapore | Cited by the Law Society to argue that there was no basis for the court to exercise any discretion to exclude entrapment or illegally obtained evidence. |
| How Poh Sun v PP | Court of Appeal | Yes | [1991] SLR 220 | Singapore | Cited by the Law Society to argue that Sang was still the law in Singapore. |
| Haw Tua Tau v PP | N/A | Yes | [1980-1981] SLR 73 | Singapore | Cited for principles related to drawing inferences based on evidence. |
| PP v Oh Laye Koh | N/A | Yes | [1994] 2 SLR 385 | Singapore | Cited for principles related to drawing inferences based on evidence. |
| Oh Laye Koh v PP | Singapore Court of Appeal | Yes | [1994] SGCA 102 | Singapore | Cited for principles related to drawing adverse inferences. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2001 Rev Ed) | Singapore |
| Section 83(2)(d) Legal Profession Act (Cap 161, 2001 Rev Ed) | Singapore |
| Section 83(2)(e) Legal Profession Act (Cap 161, 2001 Rev Ed) | Singapore |
| Section 83(2)(h) Legal Profession Act (Cap 161, 2001 Rev Ed) | Singapore |
| Section 94(1) Legal Profession Act (Cap 161, 2001 Rev Ed) | Singapore |
| Section 98 Legal Profession Act (Cap 161, 2001 Rev Ed) | Singapore |
| Section 103 Legal Profession Act (Cap 161, 2001 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Conveyancing
- Referral Fees
- Touting
- Disciplinary Committee
- Show Cause
- Legal Profession Act
- Entrapment
- Adverse Inference
15.2 Keywords
- Law Society
- Liew Boon Kwee
- Conveyancing
- Referral Fees
- Legal Profession Act
- Disciplinary Action
- Singapore
16. Subjects
- Legal Ethics
- Professional Responsibility
- Disciplinary Proceedings
17. Areas of Law
- Legal Profession
- Professional Conduct
- Regulatory Law