Law Society v Chong Wai Yen: Sanctions for Lawyers Accepting Referral Fees
The Law Society of Singapore applied for sanctions against Michael Chong Wai Yen, Kenneth Tan Chong Peng, Yap Kok Kiong, and Siow Jit Thong for professional misconduct related to accepting referral fees from Asprez Loans Connections Pte Ltd for conveyancing work. The High Court, consisting of Chao Hick Tin JA, Andrew Phang Boon Leong JA, and V K Rajah JA, granted the application, ordering Yap Kok Kiong to be struck off the roll and the remaining respondents to be suspended for thirty months. The court also ordered the respondents to bear the costs of the proceedings.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application granted; third respondent struck off the roll, remaining respondents suspended for thirty months.
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court sanctioned four lawyers for misconduct by accepting referral fees from Asprez Loans Connections Pte Ltd for conveyancing work.
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 | Chandra Mohan Rethnam, Hauw Hui Ying Gillian |
| Chong Wai Yen Michael | Respondent | Individual | Suspended from practice | Lost | Wong Siew Hong |
| Tan Chong Peng Kenneth | Respondent | Individual | Suspended from practice | Lost | Wong Siew Hong |
| Yap Kok Kiong | Respondent | Individual | Struck off the roll | Lost | Wong Hin Pkin Wendell, Kueh Xiu Ying |
| Siow Jit Thong | Respondent | Individual | Suspended from practice | Lost | Yeo Hock Cheong, Joseph Tan Chin Aik |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| V K Rajah | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chandra Mohan Rethnam | Rajah & Tann LLP |
| Hauw Hui Ying Gillian | Rajah & Tann LLP |
| Wong Siew Hong | Infinitus Law Corporation |
| Wong Hin Pkin Wendell | Drew & Napier LLC |
| Kueh Xiu Ying | Drew & Napier LLC |
| Yeo Hock Cheong | Hock Cheong & Co |
| Joseph Tan Chin Aik | Hock Cheong & Co |
4. Facts
- The Law Society applied for sanctions against four lawyers for accepting referral fees.
- The lawyers were on Asprez's panel of lawyers and received conveyancing work referrals.
- Asprez was set up by an employee of one of the lawyers to procure conveyancing business.
- The lawyers made payments to Asprez in consideration for the referrals.
- The Disciplinary Tribunal found cause of sufficient gravity for disciplinary action against the lawyers.
- The High Court found the fourth respondent guilty even without relying on hearsay evidence.
- The third respondent was found to be the mastermind behind the scheme.
5. Formal Citations
- Law Society of Singapore v Chong Wai Yen Michael and others, Originating Summons No 364 of 2011, [2012] SGHC 9
6. Timeline
| Date | Event |
|---|---|
| Asprez Loans Connections Pte Ltd registered | |
| CPIB referred the matter to the Law Society | |
| Disciplinary Tribunal appointed | |
| Charge against Michael Chong Wai Yen amended | |
| High Court granted the application |
7. Legal Issues
- Professional Misconduct
- Outcome: The court found that the respondents had engaged in professional misconduct by accepting referral fees, leading to sanctions.
- Category: Substantive
- Sub-Issues:
- Breach of Legal Profession Act
- Improper conduct and practice
- Procuring employment through remuneration
- Hearsay Evidence
- Outcome: The court reassessed the Disciplinary Tribunal’s finding against the fourth respondent because it was premised upon hearsay evidence.
- Category: Procedural
8. Remedies Sought
- Sanctions under the Legal Profession Act
- Striking off the roll
- Suspension from practice
- Payment of penalty
- Censure
9. Cause of Actions
- Breach of Legal Profession Act
- Professional Misconduct
10. Practice Areas
- Disciplinary Proceedings
- Professional Misconduct
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 | [2008] 2 SLR(R) 239 | Singapore | Cited regarding the court's practice in relation to findings of fact made by a Disciplinary Tribunal. |
| Law Society of Singapore v Lim Cheong Peng | High Court | Yes | [2006] 4 SLR(R) 360 | Singapore | Cited regarding the court's practice in relation to findings of fact made by a lower court. |
| Law Society of Hong Kong v Solicitor | Court of Appeal | Yes | [2009] HKEC 271 | Hong Kong | Cited regarding framing complaints as separate complaints by artificially isolating the beginning and the end of a course of conduct. |
| Tan Khee Koon v Public Prosecutor | High Court | Yes | [1995] 3 SLR(R) 404 | Singapore | Cited regarding double punishment for the same offence. |
| Law Society of Singapore v Tan Chwee Wan Allan | High Court | Yes | [2007] 4 SLR(R) 699 | Singapore | Cited regarding voluntary cessation of legal practice as a mitigating factor. |
| Law Society of Singapore v Tan Buck Chye Dave | High Court | Yes | [2007] 1 SLR(R) 581 | Singapore | Cited as a case where similar wrongdoings were committed, albeit of a wholly different magnitude. |
| The Law Society of Singapore v Ong Poh Pway Lina and Another | Disciplinary Committee of the Supreme Court | Yes | [2002] SGDSC 1 | Singapore | Cited regarding previous disciplinary proceedings involving the third respondent. |
| The Law Society v Yap Kok Kiong | Disciplinary Committee of the Supreme Court | Yes | [2006] SGDSC 14 | Singapore | Cited regarding previous disciplinary proceedings involving the third respondent. |
| Law Society of Singapore v Jasmine Gowrimani d/o Daniel | High Court | Yes | [2010] 3 SLR 390 | Singapore | Cited regarding the disciplinary process under the Act. |
| The Law Society of Singapore v Michael Chong Wai Yen and Others | Disciplinary Tribunal | Yes | [2011] SGDT 6 | Singapore | Cited for the DT’s report against the fourth respondent. |
13. Applicable Rules
| Rule Name |
|---|
| Legal Profession (Professional Conduct) Rules |
| Legal Profession (Publicity) Rules (Cap 161, R 13, 2000 Rev Ed) |
| Legal Profession (Disciplinary Tribunal) Rules (Cap 161, R 2, 2010 Rev Ed) |
| Legal Profession (Professional Conduct) (Amendment) Rules 2001 |
| Legal Profession (Professional Conduct) (Amendment) Rules 2005 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| Legal Profession Act (Cap 161, 2009 Rev Ed) s 83 | Singapore |
| Legal Profession Act (Cap 161, 2009 Rev Ed) s 94 | Singapore |
| Legal Profession Act (Cap 161, 2009 Rev Ed) s 98 | Singapore |
| Interpretation Act (Cap 1, 2002 Rev Ed) s 40 | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Referral fees
- Conveyancing
- Professional misconduct
- Disciplinary Tribunal
- Legal Profession Act
- Asprez Loans Connections Pte Ltd
15.2 Keywords
- Law Society
- Referral Fees
- Professional Misconduct
- Conveyancing
- Singapore
- Lawyers
- Disciplinary Action
16. Subjects
- Legal Profession
- Ethics
- Disciplinary Proceedings
17. Areas of Law
- Legal Ethics
- Professional Conduct
- Regulatory Law