Re Lord Goldsmith: Ad Hoc Admission & Constitutionality of Section 377A Penal Code
The High Court of Singapore heard an application by Lord Goldsmith Peter Henry PC QC for ad hoc admission to represent Lim Meng Suang and Kenneth Chee Mun-Leon in their appeal against the constitutionality of Section 377A of the Penal Code. The court, presided over by V K Rajah JA, dismissed the application, finding no special reason to justify the admission of foreign counsel given the competence of local counsel and the nature of the legal issues. The judgment was reserved on 19 September 2013.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application Dismissed
1.3 Case Type
Constitutional
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for ad hoc admission of Lord Goldsmith to argue the constitutionality of Section 377A of the Penal Code. Application dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General | Respondent | Government Agency | Opposition Upheld | Won | Jeremy Yeo Shenglong of Attorney-General’s Chambers Aedit Abdullah of Attorney-General’s Chambers Jurena Chan Pei Shan of Attorney-General’s Chambers Sherlyn Neo Xiulin of Attorney-General’s Chambers |
| Law Society of Singapore | Respondent | Statutory Board | Opposition Upheld | Won | Harjean Kaur of The Law Society of Singapore Christopher Anand Daniel of The Law Society of Singapore |
| Lord Goldsmith Peter Henry PC QC | Applicant | Individual | Application Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| V K Rajah | Justice of the Court of Appeal | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jeremy Yeo Shenglong | Attorney-General’s Chambers |
| Aedit Abdullah | Attorney-General’s Chambers |
| Jurena Chan Pei Shan | Attorney-General’s Chambers |
| Sherlyn Neo Xiulin | Attorney-General’s Chambers |
| Harjean Kaur | The Law Society of Singapore |
| Christopher Anand Daniel | The Law Society of Singapore |
| Shen Peishi, Priscilla | KhattarWong LLP |
| Shashidran Nathan | KhattarWong LLP |
| Tania Chin Li Wen | KhattarWong LLP |
4. Facts
- Lord Goldsmith sought ad hoc admission to represent appellants challenging the constitutionality of Section 377A.
- The Law Society and Attorney-General opposed the application.
- The appellants claimed Section 377A violates Articles 9 and 12 of the Constitution.
- The High Court had previously upheld the constitutionality of Section 377A.
- The appellants engaged a local Senior Counsel, Ms Barker SC, to argue the appeal.
- Lord Goldsmith agreed to take on the matter on a pro bono basis.
5. Formal Citations
- Re Lord Goldsmith Peter Henry PC QC, Originating Summons No 586 of 2013, [2013] SGHC 181
6. Timeline
| Date | Event |
|---|---|
| Originating Summons No 1135 of 2012 filed | |
| Court of Appeal issued decision in Tan Eng Hong v Attorney-General | |
| Appellants filed Civil Appeal No 54 of 2013 | |
| Appellants filed notice of change of solicitors | |
| Originating Summons No 586 of 2013 filed | |
| Appellants made application, Summons No 3366 of 2013 | |
| Court of Appeal opted to hear SUM 3366 with the substantive hearing in CA 54 | |
| Appellant's Case filed | |
| Hearing | |
| Judgment reserved | |
| CA 54 to be heard by the Court of Appeal |
7. Legal Issues
- Ad Hoc Admission of Foreign Counsel
- Outcome: The court dismissed the application for ad hoc admission, finding no special reason to justify it.
- Category: Procedural
- Related Cases:
- [2013] 3 SLR 66
- [2013] 1 SLR 872
- [2000] 1 SLR(R) 943
- [2006] 1 SLR(R) 510
- [1997] 3 SLR(R) 404
- [2003] 3 SLR(R) 407
- Constitutionality of Section 377A of the Penal Code
- Outcome: The court did not rule on the constitutionality of Section 377A, as the application concerned the ad hoc admission of counsel.
- Category: Substantive
- Related Cases:
- [2013] 3 SLR 118
- [2012] 4 SLR 476
8. Remedies Sought
- Ad Hoc Admission to the Singapore Bar
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Ad Hoc Admission
- Appellate Advocacy
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Caplan Jonathan Michael QC | High Court | Yes | [2013] 3 SLR 66 | Singapore | Cited for the legal principles governing applications for the ad hoc admission of foreign senior counsel. |
| Lim Meng Suang and another v Attorney-General | High Court | No | [2013] 3 SLR 118 | Singapore | Cited as the decision being appealed in Civil Appeal No 54 of 2013. |
| Tan Eng Hong v Attorney-General | Court of Appeal | No | [2012] 4 SLR 476 | Singapore | Cited for the issue of locus standi in a similar claim for declaratory relief. |
| Re Platts-Mills Mark Fortescue QC | Court of Appeal | No | [2006] 1 SLR(R) 510 | Singapore | Cited regarding the ability of local counsel to address complex issues with written advice from Queen’s Counsel. |
| Re Geraldine Andrews Mary QC | High Court | No | [2013] 1 SLR 872 | Singapore | Cited regarding the necessity of foreign senior counsel. |
| Re Beloff Michael Jacob QC | High Court | No | [2000] 1 SLR(R) 943 | Singapore | Cited regarding the issue of inequality of arms. |
| Re Caplan Jonathan Michael QC | High Court | No | [1997] 3 SLR(R) 404 | Singapore | Cited regarding the meaning of 'special reason'. |
| Re Seed Nigel John QC | High Court | No | [2003] 3 SLR(R) 407 | Singapore | Cited regarding the meaning of 'special reason'. |
13. Applicable Rules
| Rule Name |
|---|
| Legal Profession (Admission) Rules 2011 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Ad Hoc Admission
- Foreign Counsel
- Special Reason
- Section 377A
- Constitutionality
- Legal Profession Act
- Senior Counsel
- Appellate Advocacy
15.2 Keywords
- Ad Hoc Admission
- Foreign Counsel
- Section 377A
- Constitutionality
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Ad Hoc Admission | 100 |
| Constitutional Law | 90 |
| Legal Profession Act | 80 |
| Administrative Law | 60 |
| Criminal Procedure | 30 |
16. Subjects
- Constitutional Law
- Legal Profession