Choy Chee Yean v Law Society of Singapore: Reinstatement to Roll of Advocates and Solicitors
In 2019, Mr. Choy Chee Yean applied to the Court of Three Judges for reinstatement to the roll of advocates and solicitors of the Supreme Court of Singapore, having been struck off in 2010 following a criminal conviction for burglary in Hong Kong. The Law Society of Singapore and the Attorney-General were the respondents. The court, considering the applicant's rehabilitation, the time lapsed since disbarment, and the public interest, allowed the application subject to specific conditions, including psychiatric assessment and restrictions on practice.
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
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Court considered Choy Chee Yean's application for reinstatement to the Roll, examining his rehabilitation and the public interest. Reinstatement granted subject to conditions.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Law Society of Singapore | Respondent | Statutory Board | Application Allowed | Lost | |
| The Attorney-General | Respondent | Government Agency | Application Allowed | Lost | Jeyendran Jeyapal of Attorney-General’s Chambers Faith Boey of Attorney-General’s Chambers |
| Choy Chee Yean | Applicant | Individual | Application Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Judge of Appeal | Yes |
| Chao Hick Tin | Senior Judge | No |
| Belinda Ang Saw Ean | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sanjiv Kumar Rajan | Allen & Gledhill LLP |
| Simaa Ravichandran | Allen & Gledhill LLP |
| Christine Tee | Allen & Gledhill LLP |
| Jeyendran Jeyapal | Attorney-General’s Chambers |
| Faith Boey | Attorney-General’s Chambers |
| Kam Su Cheun Aurill | Legal Clinic LLC |
| Lee Pei Pei | Legal Clinic LLC |
4. Facts
- The applicant was struck off the Roll on 25 May 2010 following a criminal conviction for burglary in Hong Kong.
- The applicant voluntarily ceased active legal practice in April 2008.
- The applicant was suffering from Major Depressive Disorder at the time of the offense.
- The applicant has been in gainful employment as an author, paralegal, in-house counsel, and consultant/trainer.
- Psychiatric evidence indicated the applicant's depressive condition had been in remission for more than two years as of 2010.
- The applicant was certified as mentally and psychologically fit to return to professional legal practice in 2019.
5. Formal Citations
- Choy Chee Yean v Law Society of Singapore and another, Originating Summons No 10 of 2019, [2019] SGHC 271
6. Timeline
| Date | Event |
|---|---|
| Applicant struck off the Roll | |
| Applicant voluntarily ceased active legal practice | |
| Applicant pleaded guilty in the District Court of the Hong Kong Special Administrative Region | |
| Judgment issued |
7. Legal Issues
- Reinstatement to the Roll of Advocates and Solicitors
- Outcome: The court allowed the application for reinstatement, subject to specific conditions.
- Category: Substantive
- Sub-Issues:
- Adequacy of time lapsed since disbarment
- Full and complete rehabilitation
- Protection of public interest and reputation of the legal profession
8. Remedies Sought
- Reinstatement to the Roll of Advocates and Solicitors
9. Cause of Actions
- Application for Reinstatement to the Roll of Advocates and Solicitors
10. Practice Areas
- Professional Regulation
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Nathan Edmund v Law Society of Singapore | High Court | Yes | [2013] 1 SLR 729 | Singapore | Cited for the three crucial factors that must be considered in a reinstatement application. |
| Law Society of Singapore v Choy Chee Yean | Singapore Law Reports | Yes | [2010] 3 SLR 560 | Singapore | Cited as the Striking-Off Judgment against the applicant. |
| Knight Glenn Jeyasingam v Law Society of Singapore | Singapore Law Reports (Reissue) | Yes | [2007] 3 SLR(R) 704 | Singapore | Cited regarding the consideration of voluntary cessation of practice in appropriate circumstances. |
| Kalpanath Singh s/o Ram Raj Singh v Law Society of Singapore | Singapore Law Reports (Reissue) | Yes | [2009] 4 SLR(R) 1018 | Singapore | Cited for the requirement of demonstrating full rehabilitation to be restored to the Roll. |
| Narindar Singh Kang v Law Society of Singapore | Singapore Law Reports (Reissue) | Yes | [2007] 4 SLR(R) 641 | Singapore | Cited for the stricter scrutiny applied to reinstatement applications compared to new entrants. |
| Narindar Singh Kang v Law Society of Singapore | Singapore Law Reports | Yes | [2013] 4 SLR 1157 | Singapore | Cited regarding the imposition of conditions to maintain public confidence in the legal profession. |
| Nirmal Singh s/o Fauja Singh v Law Society of Singapore | Singapore Law Reports | Yes | [2011] 1 SLR 645 | Singapore | Cited regarding the removal of doubts about the honesty or integrity of the applicant. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| Section 102 Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Reinstatement
- Roll of Advocates and Solicitors
- Legal Profession Act
- Rehabilitation
- Public Interest
- Major Depressive Disorder
- Psychiatric Assessment
- Practising Certificate
- Conditions of Reinstatement
15.2 Keywords
- reinstatement
- legal profession
- solicitor
- singapore
- attorney
- law society
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Reinstatement to Roll of Advocates and Solicitors | 95 |
| Legal Profession Act | 90 |
| Professional Discipline | 70 |
| Criminal Law | 30 |
| Mental Capacity Law | 20 |
16. Subjects
- Legal Profession
- Reinstatement of Solicitors