Narindar Singh Kang v Law Society: Reinstatement to Roll After Corruption Conviction
Narindar Singh Kang applied to the Court of Three Judges of the Supreme Court of Singapore on 30 September 2013 for reinstatement to the roll of advocates and solicitors, having been struck off in 1997 for a corruption conviction. Both the Attorney-General and the Law Society of Singapore did not object, subject to conditions. The court allowed the application, imposing additional conditions related to continuing legal education and competency, given the length of time Kang was disbarred.
1. Case Overview
1.1 Court
Court of Three Judges1.2 Outcome
Application allowed subject to conditions.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application by Narindar Singh Kang for reinstatement to the roll of advocates and solicitors after being struck off for corruption. Application granted with conditions.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Law Society of Singapore | Respondent | Statutory Board | Neutral | Neutral | |
| Narindar Singh Kang | Applicant | Individual | Application Allowed | Won |
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
4. Facts
- The Applicant was struck off the Roll on 3 October 1997 for a conviction under s 5(a)(i) of the Prevention of Corruption Act.
- The Applicant solicited a gratification of S$100,000 on his client's behalf in exchange for a confession.
- The Applicant was sentenced to five months' imprisonment, which was enhanced to 12 months on appeal.
- The Law Society applied for the Applicant to show cause why he should not be dealt with under s 83 of the Legal Profession Act.
- The Applicant's first application for reinstatement was rejected on 7 September 2007.
- The Applicant worked as a paralegal at Kertar & Co prior to the application.
- The Attorney-General and Law Society did not object to the reinstatement, subject to conditions.
5. Formal Citations
- Narindar Singh Kang v Law Society of Singapore, Originating Summons No. 298 of 2013, [2013] SGHC 195
6. Timeline
| Date | Event |
|---|---|
| Applicant admitted as advocate and solicitor. | |
| Applicant solicited gratification on client's behalf. | |
| Applicant convicted by District Court. | |
| Applicant released from prison. | |
| Applicant struck off the Roll. | |
| Applicant employed as legal advisor at Kim An Shipping Co Pte Ltd. | |
| Applicant employed as promotions manager at Sunrise & Co Pte Ltd. | |
| Applicant returned to Kim An. | |
| Applicant self-employed in steel manufacturing and trade business. | |
| Applicant worked as housing agent. | |
| Applicant's first application for reinstatement rejected. | |
| Applicant committed traffic offences. | |
| Applicant decided to return to legal work. | |
| Applicant granted permission to work as paralegal at Kertar & Co. | |
| Applicant filed affidavit for reinstatement. | |
| Starting date for additional conditions imposed by the court. | |
| Application for reinstatement allowed. | |
| Deadline for applicant to attend ethics training. |
7. Legal Issues
- Reinstatement to the Roll
- Outcome: The court granted the application for reinstatement, subject to conditions.
- Category: Substantive
- Related Cases:
- [2007] 4 SLR(R) 641
- [2010] SGHC 336
- [2013] 1 SLR 719
- Competence of Reinstated Advocate and Solicitor
- Outcome: The court imposed additional conditions relating to legal knowledge and competency, including attending CPD courses and reading materials for the Singapore Bar Examinations.
- Category: Substantive
- Related Cases:
- [2007] 3 SLR(R) 704
8. Remedies Sought
- Reinstatement to the Roll of Advocates and Solicitors
9. Cause of Actions
- Application for Reinstatement to the Roll
10. Practice Areas
- Professional Responsibility
- Legal Ethics
11. Industries
- Legal
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Narindar Singh s/o Malagar Singh v Public Prosecutor | High Court | Yes | [1996] SGHC 233 | Singapore | Cited for the Chief Justice's observation that the Applicant's conduct was 'shocking and reprehensible'. |
| Law Society of Singapore v Narinder Singh s/o Malagar Singh | Court of Three Judges of the Supreme Court | Yes | [1997] 3 SLR(R) 334 | Singapore | Cited for the court's finding that the Applicant's conduct implied a defect of character making him unfit to be a solicitor. |
| Narindar Singh Kang v Law Society of Singapore | Court of Three Judges | Yes | [2007] 4 SLR(R) 641 | Singapore | Cited for the reasons for rejecting the Applicant's first application for reinstatement. |
| Nirmal Singh s/o Fauja Singh v Law Society of Singapore | High Court | Yes | [2010] SGHC 336 | Singapore | Cited for comparison regarding the period of disbarment and the severity of offences in a successful reinstatement application. |
| Nathan Edmund v Law Society of Singapore | Court of Three Judges | Yes | [2013] 1 SLR 719 | Singapore | Cited regarding the applicant's regulatory offences and the court's consideration of rehabilitation. |
| Knight Glenn Jeyasingam v Law Society of Singapore | Court of Three Judges | Yes | [2007] 3 SLR(R) 704 | Singapore | Cited for the principle that conditions imposed should be tailored to the facts at hand. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| s 102(1) of the Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) | Singapore |
| s 5(a)(i) of the Prevention of Corruption Act (Cap 241, 1993 Rev Ed) | Singapore |
| Legal Profession Act (Cap 161, 1994 Rev Ed) | Singapore |
| s 94A of the Legal Profession Act (Cap 161, 1994 Rev Ed) | Singapore |
| s 83 of the Legal Profession Act (Cap 161, 1994 Rev Ed) | Singapore |
| s 78(1) of the Legal Profession Act | Singapore |
| Penal Code (Cap 224, 1985 Rev Ed) | Singapore |
| Criminal Procedure Code | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Reinstatement
- Roll of Advocates and Solicitors
- Corruption
- Legal Profession Act
- Conditions for Reinstatement
- Public Interest
- Rehabilitation
- Competence
- Continuing Professional Development
15.2 Keywords
- reinstatement
- roll of advocates and solicitors
- corruption
- legal profession
- ethics
- Singapore
17. Areas of Law
16. Subjects
- Legal Profession
- Ethics
- Corruption