Law Society v Chia Choon Yang: Disciplinary Proceedings for False Attestation
The Law Society of Singapore applied for disciplinary action against Chia Choon Yang for falsely attesting a power of attorney. The Court of Three Judges found cause and ordered that the Respondent be suspended from practice for 15 months. The Respondent was found guilty of grossly improper conduct for falsely attesting that he witnessed the signing of a power of attorney, when he had not.
1. Case Overview
1.1 Court
Court of Three Judges of the Republic of Singapore1.2 Outcome
Respondent suspended from practice for a period of 15 months.
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Law Society sought disciplinary action against Chia Choon Yang for falsely attesting a power of attorney. The court suspended him for 15 months.
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 | |
| Chia Choon Yang | Respondent | Individual | Suspension from practice | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Steven Chong | Justice of the Court of Appeal | No |
| Chao Hick Tin | Senior Judge | No |
4. Counsels
4. Facts
- Respondent falsely attested that he witnessed the signing of a power of attorney.
- The power of attorney was already signed when presented to the Respondent.
- The Respondent prepared a notarial certificate stating he witnessed the signing.
- A complaint was lodged against the Respondent for falsely attesting the power of attorney.
- The power of attorney was used to enter into a contract without New Eastern's knowledge.
- The Respondent admitted he falsely represented he verified the signatory's identity.
5. Formal Citations
- Law Society of Singapore v Chia Choon Yang, Originating Summons 7 of 2017, [2018] SGHC 174
6. Timeline
| Date | Event |
|---|---|
| Respondent admitted to the bar | |
| Respondent falsely attested power of attorney | |
| Complaint lodged against the Respondent | |
| Respondent voluntarily suspended his practice | |
| Disciplinary Tribunal rendered its decision | |
| Court hearing | |
| Judgment delivered |
7. Legal Issues
- Grossly Improper Conduct
- Outcome: The court found that the Respondent was guilty of grossly improper conduct.
- Category: Substantive
- Appropriate Sanction
- Outcome: The court ordered that the Respondent be suspended from practice for a period of 15 months.
- Category: Procedural
8. Remedies Sought
- Disciplinary Action
- Suspension from Practice
9. Cause of Actions
- Breach of Professional Duty
10. Practice Areas
- Professional Responsibility
- Regulatory Law
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Law Society of Singapore v Sum Chong Mun and another | Court of Appeal | Yes | [2017] 4 SLR 707 | Singapore | Cited for the principle that a solicitor who falsely attests to witnessing a signature commits a disciplinary offence. |
| Law Society of Singapore v Low Seow Juan | High Court | Yes | [1996] SGDSC 4 | Singapore | Cited as a case concerning misconduct involving false attestation, but distinguished because it involved procuring others to make false attestations. |
| Rajasooria v Disciplinary Committee | Court of Appeal | Yes | [1955] MLJ 65 | Malaysia | Cited for the principle that submitting a false document with the intention that it be acted on involves an element of deceit. |
| Law Society of Singapore v Udeh Kumar s/o Sethuraju and another matter | Court of Appeal | Yes | [2017] 4 SLR 1369 | Singapore | Cited for the general objectives and principles that guide the court in determining sanctions for errant solicitors. |
| Law Society of Singapore v Ravi s/o Madasamy | Court of Appeal | Yes | [2016] 5 SLR 1141 | Singapore | Cited for the principle that the public interest is paramount in disciplinary proceedings and that mitigating factors do not carry as much weight as in criminal proceedings. |
| Bolton v Law Society | High Court of Justice | Yes | [1994] 1 WLR 512 | England and Wales | Cited for the principle that the reputation of the legal profession is more important than the fortunes of any individual member. |
| Law Society of Singapore v Ravindra Samuel | High Court | Yes | [1999] 1 SLR(R) 266 | Singapore | Cited for the principle that the public and the courts repose a great deal of confidence and reliance on the honesty of solicitors. |
| Law Society of Singapore v Amdad Hussein Lawrence | High Court | Yes | [2000] 3 SLR(R) 23 | Singapore | Cited as an example of a case where a solicitor was struck off upon conviction of an offence involving dishonesty. |
| Law Society of Singapore v Ong Lilian | High Court | Yes | [2005] SGHC 187 | Singapore | Cited as an example of a case where a solicitor was struck off upon conviction of an offence involving dishonesty. |
| Law Society of Singapore v Ong Cheong Wei | Court of Appeal | Yes | [2018] 3 SLR 937 | Singapore | Cited as an example of a case where a solicitor was struck off for evading taxes. |
| Law Society of Singapore v Choy Chee Yean | Court of Appeal | Yes | [2010] 3 SLR 560 | Singapore | Cited as an example of the severity with which the court deals with dishonesty, even in the presence of mitigating factors. |
| Law Society of Singapore v Wee Wei Fen | High Court | Yes | [1999] 3 SLR(R) 559 | Singapore | Cited as an example of a case where a solicitor was struck off for acting dishonestly against their clients’ interest. |
| Law Society of Singapore v Quan Chee Seng Michael | High Court | Yes | [2003] SGHC 140 | Singapore | Cited as an example of a case where a solicitor was struck off for acting dishonestly against their clients’ interest in a conveyancing matter. |
| Law Society of Singapore v Chung Ting Fai | High Court | Yes | [2006] 4 SLR(R) 587 | Singapore | Cited for the principle that a solicitor who knowingly drafts a false affidavit for self-serving reasons would generally be struck off, but distinguished on the facts. |
| Law Society of Singapore v Dhanwant Singh | High Court | Yes | [1996] 1 SLR(R) 1 | Singapore | Cited as an example of a case where a solicitor was struck off for helping clients avoid attending court by procuring false medical certificates. |
| Re Ram Goswami | High Court | Yes | [1988] 2 SLR(R) 183 | Singapore | Cited as an example of a case where the suspension imposed was manifestly inadequate and decided wrongly. |
| Solicitors Regulation Authority v Sharma | English High Court | Yes | [2010] EWHC 2022 (Admin) | England and Wales | Cited for the principle that there will be a small residual category where striking off will be a disproportionate sentence in all the circumstances. |
| John Irvine Burrowes v Law Society | English High Court | Yes | [2002] EWHC 2900 (Admin) | England and Wales | Provides a useful illustration of a case where striking off was deemed a disproportionate sanction for dishonesty. |
| Fraser v The Council of the Law Society of New South Wales | New South Wales Court of Appeal | Yes | [1992] NSWCA 72 | Australia | Dealt with a case analogous to the one before the court, where the striking off order was substituted with a fine. |
| Lim Mey Lee Susan v Singapore Medical Council | Court of Appeal | Yes | [2013] 3 SLR 900 | Singapore | Cited for the principle that members of a noble profession have a commitment to a certain core set of values, including truth and honesty. |
| Singapore Medical Council v Kwan Kah Yee | Court of Appeal | Yes | [2015] 5 SLR 201 | Singapore | Suggested that the offence of falsely certifying death might warrant the striking off of an errant doctor. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Notary Public
- Power of Attorney
- False Attestation
- Grossly Improper Conduct
- Disciplinary Proceedings
- Legal Profession Act
15.2 Keywords
- Legal Profession
- Disciplinary Proceedings
- False Attestation
- Power of Attorney
- Singapore
17. Areas of Law
16. Subjects
- Legal Ethics
- Professional Misconduct