Law Society of Singapore v Yong Wei Kuen Paul: Disciplinary Proceedings for Breach of Professional Conduct
In Law Society of Singapore v Yong Wei Kuen Paul, the Court of Three Judges addressed two complaints against Yong Wei Kuen Paul, an advocate and solicitor, concerning an illegal moneylending scheme and breaches of professional conduct. The court found that Yong's actions constituted an egregious departure from the standards of the legal profession and ordered that he be struck off the roll. The court also referred the matter to the Public Prosecutor to investigate whether criminal charges ought to be brought against the respondent.
1. Case Overview
1.1 Court
Court of Three Judges of the republic of singapore1.2 Outcome
Respondent struck off the roll.
1.3 Case Type
Regulatory
1.4 Judgment Type
Ex Tempore judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Three Judges struck off Yong Wei Kuen Paul from the roll for orchestrating an illegal moneylending transaction and breaching professional conduct rules.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The Law Society of Singapore | Applicant | Statutory Board | Judgment for Applicant | Won | |
| Yong Wei Kuen Paul | Respondent | Individual | Struck off the roll | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Andrew Phang Boon Leong | Judge of Appeal | Yes |
| Woo Bih Li | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Harish Kumar s/o Champaklal | Rajah & Tann Singapore LLP |
4. Facts
- Respondent orchestrated an illegal moneylending scheme disguised as an investment opportunity.
- Respondent made false representations to Ms. Oh concerning the trustworthiness of Cyndi.
- Respondent failed to inform Ms. Oh that he was receiving some of the monies she was advancing.
- Respondent derived personal benefit from the illegal moneylending transactions.
- Respondent failed to advise Ms. Oh to seek independent legal advice.
- Respondent dishonestly demanded reimbursement of $500 from Ms. Oh.
- Respondent directed IOCS to transfer deposits into the Firm’s Office Account instead of a client account.
5. Formal Citations
- Law Society of Singapore v Yong Wei Kuen Paul, Originating Summons No 12 of 2019, [2020] SGHC 66
6. Timeline
| Date | Event |
|---|---|
| Ms. Oh advanced $28,000 in cash to respondent. | |
| $1,000 was transferred by Ms Oh to the POSB account of one Ho Mew Lin. | |
| Ms Oh transferred $8,000 and $3,000 to Ms Ho’s account. | |
| Ms Leong transferred $9,500 to Ms Ho’s account. | |
| IOCS Asia Pte Ltd approached the respondent for legal advice. | |
| Numerous follow-up emails and messages were sent by Dr Haines enquiring about the status of the draft affidavit. | |
| IOCS terminated its engagement with the respondent. | |
| The respondent sent the draft affidavit to Dr Haines. | |
| Respondent filed a written reply in respect of the complaint in DT/3/2019. | |
| Respondent called the Secretariat to ask for an extension of time to file his defence. | |
| Respondent contacted the Secretariat and sent an email to say that he had only learnt of these proceedings on the day before. | |
| The Secretariat informed him by letter that he should furnish any submission by 12 July 2019. | |
| Judgment delivered. |
7. Legal Issues
- Breach of Professional Conduct
- Outcome: The court found that the respondent's conduct constituted a serious breach of professional conduct.
- Category: Substantive
- Sub-Issues:
- Failure to act with reasonable diligence
- Failure to maintain honesty
- Failure to avoid conflicts of interest
- Improper handling of client funds
- Dishonest Conduct
- Outcome: The court found the respondent engaged in blatant and pervasive dishonesty.
- Category: Substantive
- Sub-Issues:
- Misappropriation of funds
- Deceitful representations
- Abuse of trust
8. Remedies Sought
- Striking off from the roll
- Costs
9. Cause of Actions
- Breach of Legal Profession Act
- Breach of Legal Profession (Solicitors’ Accounts) Rules
- Breach of Legal Profession (Professional Conduct) Rules
10. Practice Areas
- Regulatory Law
- Professional Responsibility
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Law Society of Singapore v Rasif David | Court of Appeal | Yes | [2008] 2 SLR(R) 955 | Singapore | Cited for the importance of honour, integrity, and honesty in the legal profession. |
| Law Society of Singapore v Udeh Kumar s/o Sethuraju | Court of Appeal | Yes | [2017] 4 SLR 1369 | Singapore | Cited for establishing due cause for striking off under s 83(1)(a) of the LPA and the standard expected of an advocate and solicitor. |
| Law Society of Singapore v Tay Choon Leng John | High Court | Yes | [2012] 3 SLR 150 | Singapore | Cited to distinguish from cases of inadvertent breaches of the Solicitors’ Accounts Rules. |
| Law Society of Singapore v Chia Choon Yang | Court of Appeal | Yes | [2018] 5 SLR 1068 | Singapore | Cited for the presumptive penalty of striking off in cases involving dishonesty. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| Moneylenders Act (Cap 188, 2010 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Illegal moneylending
- Breach of professional conduct
- Dishonesty
- Misappropriation of funds
- Solicitors’ Accounts Rules
- Professional Conduct Rules
- Disciplinary Tribunal
- Striking off
15.2 Keywords
- Legal Profession
- Disciplinary Proceedings
- Professional Conduct
- Singapore
- Law Society
17. Areas of Law
16. Subjects
- Legal Ethics
- Professional Misconduct
- Regulatory Law