Chiong Chin May Selena v Attorney-General: Reinstatement to Roll of Advocates and Solicitors
Selena Chiong Chin May applied to the Court of Three Judges of the Republic of Singapore on June 30, 2021, for reinstatement to the roll of advocates and solicitors, after being struck off in 2014 following convictions for criminal breach of trust. The Attorney-General of Singapore and the Law Society of Singapore opposed the application. The court dismissed the application, finding that the applicant had not demonstrated full rehabilitation.
1. Case Overview
1.1 Court
Court of Three Judges of the Republic of Singapore1.2 Outcome
Application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Application for reinstatement to the roll of advocates and solicitors was dismissed as the applicant did not demonstrate full rehabilitation.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Selena Chiong Chin May | Applicant | Individual | Application dismissed | Lost | |
| Attorney-General of Singapore | Respondent | Government Agency | Application dismissed | Won | Jeyendran s/o Jeyapal, Enoch Wong Lok Hang |
| The Law Society of Singapore | Respondent | Association | Application dismissed | Won | Rajan Sanjiv Kumar, Mehaerun Simaa d/o Ravichanran |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| Chao Hick Tin | Senior Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Jeyendran s/o Jeyapal | Attorney-General’s Chambers |
| Enoch Wong Lok Hang | Attorney-General’s Chambers |
| Rajan Sanjiv Kumar | Allen & Gledhill LLP |
| Mehaerun Simaa d/o Ravichanran | Allen & Gledhill LLP |
4. Facts
- The applicant was struck off the Roll on 20 August 2014 following her conviction on several counts of criminal breach of trust.
- The applicant had faced two sets of disciplinary proceedings prior to being struck off.
- A common theme running across the applicant’s various disciplinary issues was her mental illness.
- After the birth of her first child in 1996, she was diagnosed, first with depression, then later with bipolar disorder.
- In 2013, she was convicted of several counts of CBT for retaining client monies.
- In March 2014, the High Court dismissed the appeal on conviction, but reduced the sentence to a day’s imprisonment and some fines.
- The applicant voluntarily ceased practice in July 2010, some four years before the striking off order.
5. Formal Citations
- Chiong Chin May Selena v Attorney-General and another, Originating Summons No 1 of 2021, [2021] SGHC 167
6. Timeline
| Date | Event |
|---|---|
| Applicant diagnosed with depression, then later with bipolar disorder. | |
| Applicant voluntarily ceased practice and surrendered her Practicing Certificate. | |
| Applicant convicted of several counts of criminal breach of trust. | |
| High Court dismissed appeal on conviction, but reduced the sentence. | |
| Disciplinary proceedings ensued. | |
| Applicant struck off the Roll. | |
| Applicant began stint as adjunct research fellow at the National University of Singapore’s Faculty of Law. | |
| Applicant made application for reinstatement on the Roll. | |
| Court dismissed the application for reinstatement. |
7. Legal Issues
- Reinstatement to Roll of Advocates and Solicitors
- Outcome: The court dismissed the application for reinstatement, finding that the applicant had not demonstrated full rehabilitation.
- Category: Substantive
- Sub-Issues:
- Adequacy of time
- Full and complete rehabilitation
- Protection of the public interest
- Reputation of the legal profession
8. Remedies Sought
- Reinstatement to the Roll of Advocates and Solicitors
9. Cause of Actions
- Application for Reinstatement
10. Practice Areas
- Disciplinary Proceedings
11. Industries
- Legal
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Nathan Edmund v Law Society of Singapore | Unknown | Yes | [2013] 1 SLR 729 | Singapore | Cited for the three crucial factors to be considered when assessing an application for reinstatement. |
| Knight Glenn Jeyasingam v Law Society of Singapore | Unknown | Yes | [2007] 3 SLR(R) 704 | Singapore | Cited for the general rule that a period significantly longer than five years should have passed before an application for reinstatement will be considered favourably and for relevance of voluntary suspension. |
| Law Society of Singapore v Chia Choon Yang | Unknown | Yes | [2018] 5 SLR 1068 | Singapore | Cited for the public interest in incentivising a solicitor who may be facing disciplinary proceedings to cease practice voluntarily and that the court will typically not give credit for the full period of voluntary suspension. |
| Re Lim Cheng Peng | Unknown | Yes | [1987] SLR(R) 582 | Singapore | Cited for the court's discretion as to how voluntary suspension should be factored in the analysis. |
| Kalpanath Singh s/o Ram Raj Singh v Law Society of Singapore | Unknown | Yes | [2009] 4 SLR(R) 1018 | Singapore | Cited for the applicant's burden to demonstrate full rehabilitation and the relevance of objective evidence and references. |
| Choy Chee Yean v Law Society of Singapore | Unknown | Yes | [2020] 3 SLR 1268 | Singapore | Cited for the importance of evidence establishing the restoration of mental balance and stability. |
| Narindar Singh Kang v Law Society of Singapore | Unknown | Yes | [2007] 4 SLR(R) 641 | Singapore | Cited for the principle that it would not be in the public interest to allow the application for reinstatement if the applicant has not been adequately rehabilitated. |
| Narindar Singh Kang v Law Society of Singapore | Unknown | Yes | [2013] 4 SLR 1157 | Singapore | Cited for the public interest in ensuring that solicitors are competent. |
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
- Reinstatement
- Roll of advocates and solicitors
- Criminal breach of trust
- Rehabilitation
- Mental illness
- Public interest
- Legal Profession Act
- Practicing Certificate
- Voluntary suspension
- Psychiatric issues
15.2 Keywords
- reinstatement
- legal profession
- criminal breach of trust
- rehabilitation
- mental health
16. Subjects
- Legal Profession
- Reinstatement to Practice
17. Areas of Law
- Legal Profession
- Reinstatement