Law Society of Singapore v CNH: Disciplinary Proceedings & Substituted Service
In Law Society of Singapore v CNH, the Court of Three Judges addressed the Law Society's application for substituted service on CNH, a solicitor facing disciplinary proceedings for sexual offences committed against a colleague. CNH had pleaded guilty to insulting the modesty of his colleague. The Law Society sought to serve the originating summons and supporting affidavit for the show cause proceedings by posting them at CNH's last known address. The court allowed the Law Society's application, holding that the court's disciplinary jurisdiction over advocates and solicitors is founded on their status as officers of the court, not solely on personal service.
1. Case Overview
1.1 Court
Court of Three Judges1.2 Outcome
Application allowed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Law Society sought substituted service on a solicitor, CNH, facing disciplinary action for sexual offences. The court allowed the application, citing CNH's status as an officer of the court.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The Law Society of Singapore | Applicant | Statutory Board | Application allowed | Won | |
| CNH | Respondent | Individual | Application allowed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| Tay Yong Kwang | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Afzal Ali | Allen & Gledhill LLP |
| Ramesh s/o Selvaraj | Allen & Gledhill LLP |
4. Facts
- The respondent is a solicitor who committed sexual offences against his colleague.
- The respondent pleaded guilty to and was convicted of two offences under s 509 of the Penal Code.
- A disciplinary tribunal was convened under the Legal Profession Act.
- The Law Society sought to serve documents for show cause proceedings.
- The Law Society attempted personal service at the respondent's last known address multiple times.
- The respondent's parents acknowledged the documents but refused to sign the acknowledgment.
- The respondent was believed to be outside Singapore.
5. Formal Citations
- Law Society of Singapore v CNH, Originating Summons No 3 of 2021 (Summons No 1 of 2021), [2021] SGHC 212
6. Timeline
| Date | Event |
|---|---|
| Respondent admitted to the roll of advocates and solicitors. | |
| Respondent ceased practice with the Firm. | |
| Respondent employed in Indonesia as in-house counsel. | |
| Respondent pleaded guilty to sexual offences. | |
| Law Society received information from the Attorney-General regarding respondent's conduct. | |
| Law Society wrote to the Chief Justice for a Disciplinary Tribunal to be appointed. | |
| Chief Justice appointed the Disciplinary Tribunal. | |
| Law Society sought to serve a list of documents at the respondent’s last known residential address. | |
| Hearing before the Disciplinary Tribunal was held. | |
| Disciplinary Tribunal found cause of sufficient gravity for disciplinary action. | |
| Law Society commenced the Show Cause Proceedings. | |
| Application for substituted service was filed. | |
| Court allowed the Law Society’s application. |
7. Legal Issues
- Substituted Service
- Outcome: The court allowed the application for substituted service, directing that the documents be posted on the respondent's door and sent to his last known email address.
- Category: Procedural
- Related Cases:
- [2009] 3 SLR(R) 665
- [2021] 1 SLR 874
- Disciplinary Jurisdiction
- Outcome: The court held that its disciplinary jurisdiction over advocates and solicitors is founded on their status as officers of the court, not solely on personal service.
- Category: Jurisdictional
- Related Cases:
- [2021] 1 SLR 874
8. Remedies Sought
- Order for substituted service
- Disciplinary action under s 83(1) of the LPA
9. Cause of Actions
- Professional Misconduct
10. Practice Areas
- Disciplinary Proceedings
- Civil Litigation
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Consistel Pte Ltd and another v Farooq Nasir and another | High Court | Yes | [2009] 3 SLR(R) 665 | Singapore | Cited regarding the hierarchy of service processes and the requirement to seek leave to serve out of jurisdiction before resorting to substituted service. |
| Iskandar bin Rahmat v Law Society of Singapore | Court of Appeal | Yes | [2021] 1 SLR 874 | Singapore | Cited for the principle that the disciplinary jurisdiction of the court is not an in personam action and falls within the civil jurisdiction of the High Court pursuant to s 16(2) of the SCJA. |
| Law Society of Singapore v Udeh Kumar s/o Sethuraju and another matter | High Court | Yes | [2017] 4 SLR 1369 | Singapore | Cited to emphasize that advocates and solicitors are officers of the court. |
| Law Society of Singapore v Ong Cheong Wei | High Court | Yes | [2018] 3 SLR 937 | Singapore | Cited to emphasize that advocates and solicitors are officers of the court. |
| Public Trustee and another v By Products Traders Pte Ltd and others | High Court | Yes | [2005] 3 SLR(R) 449 | Singapore | Cited to support the principle that being an officer of the court presupposes obligations and responsibilities in upholding the legal framework. |
| Law Society of Singapore v Ang Boon Kong Lawrence | High Court | Yes | [1992] 3 SLR(R) 825 | Singapore | Cited to support the principle that an advocate and solicitor is subject to the control of the court. |
| Law Society of Singapore v Tay Eng Kwee Edwin | High Court | Yes | [2007] 4 SLR(R) 171 | Singapore | Cited to underscore the importance of service in bringing proceedings to the respondent’s notice. |
| Siemens AG v Holdrich Investment Ltd | High Court | Yes | [2010] 3 SLR 1007 | Singapore | Cited regarding the cases in which service out of Singapore is permissible. |
| Zoom Communications Ltd v Broadcast Solutions Pte Ltd | High Court | Yes | [2014] 4 SLR 500 | Singapore | Cited regarding the cases in which service out of Singapore is permissible. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (2014 Rev Ed) O 10 r 1(1) |
| Legal Profession (Disciplinary Tribunal) Rules (2010 Rev Ed) r 6 |
| Rules of Court O 11 r 1 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) s 509 | Singapore |
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| Legal Profession Act s 83(2)(h) | Singapore |
| Legal Profession Act s 83(1) | Singapore |
| Legal Profession Act s 98(2) | Singapore |
| Legal Profession Act s 98(1) | Singapore |
| Legal Profession Act s 98(3) | Singapore |
| Legal Profession Act s 98(10) | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) s 16 | Singapore |
| Legal Profession Act s 82(1) | Singapore |
| Legal Profession Act s 187(3) | Singapore |
| Legal Profession Act s 25 | Singapore |
| Legal Profession Act ss 82A | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Substituted service
- Disciplinary proceedings
- Officer of the court
- Legal Profession Act
- Show cause proceedings
- Originating summons
- Service
- Disciplinary Tribunal
15.2 Keywords
- Substituted service
- Disciplinary proceedings
- Legal Profession Act
- Law Society of Singapore
- Advocate and solicitor
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Disciplinary Proceedings | 95 |
| Legal Profession Act | 90 |
| Service of document | 80 |
| Civil Practice | 70 |
16. Subjects
- Legal Profession
- Civil Procedure
- Disciplinary Proceedings
- Service of Documents