Law Society v CNH: Disciplinary Proceedings for Sexual Misconduct
The Law Society of Singapore applied to the Court of Three Judges for disciplinary action against CNH, an advocate and solicitor, for misconduct. CNH had pleaded guilty in the State Courts to charges of insulting the modesty of a colleague by taking compromising photographs of her. The Disciplinary Tribunal found cause of sufficient gravity for disciplinary action. The Court of Three Judges, in the absence of CNH, ordered that CNH be struck off the roll of advocates and solicitors.
1. Case Overview
1.1 Court
Court of Three Judges1.2 Outcome
The respondent was ordered to be struck off the roll of advocates and solicitors.
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 CNH for taking compromising photos of a colleague. The court ordered CNH to be struck off the roll.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Law Society of Singapore | Applicant | Statutory Board | Judgment for Applicant | Won | |
| CNH | Respondent | Individual | Struck off the roll of advocates and solicitors | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| Steven Chong | 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
- Respondent took photographs of V's chest, brassiere, and panties without her consent.
- The offences occurred in April and October 2017 while both the respondent and V were working at the First Law Firm.
- V was a trainee and later a legal associate at the time of the offences.
- Respondent pleaded guilty to two charges of insulting modesty in State Courts.
- Respondent attempted to pressure V to drop the case after she reported him to the police.
- Respondent was sentenced to four weeks’ imprisonment.
- The respondent did not appear at any stage of the proceedings before the Court of Three Judges.
5. Formal Citations
- Law Society of Singapore v CNH, Originating Summons No 3 of 2021, [2022] SGHC 114
6. Timeline
| Date | Event |
|---|---|
| Respondent admitted to the roll of advocates and solicitors. | |
| Respondent took photographs of V's chest and brassiere. | |
| Respondent took photographs of V's panties and pressed thigh against her upper arm. | |
| V lodged a police report. | |
| Respondent resigned from the First Law Firm. | |
| Respondent pleaded guilty to two charges in the State Courts. | |
| Attorney-General referred the respondent to the Law Society. | |
| Disciplinary tribunal convened. | |
| DT found that both disciplinary charges were made out. | |
| Law Society filed OS 3. | |
| Order for substituted service of certain documents on the respondent was made. | |
| Judgment reserved. | |
| Judgment issued. |
7. Legal Issues
- Professional Misconduct
- Outcome: The court found that the respondent's misconduct fell within s 83(2)(h) of the LPA and was sufficiently serious to warrant the imposition of sanctions under s 83(1) of the LPA.
- Category: Substantive
- Sub-Issues:
- Misconduct unbefitting an advocate and solicitor
- Breach of trust
- Sexual offences
- Appropriate Sanction
- Outcome: The court ordered that the respondent be struck off the roll of advocates and solicitors.
- Category: Substantive
- Sub-Issues:
- Striking off the roll
- Suspension from practice
- Hearing in Absentia
- Outcome: The court agreed with the Law Society that OS 3 may be heard and determined notwithstanding the respondent’s absence, pursuant to s 104 of the LPA.
- Category: Procedural
- Sub-Issues:
- Substituted service
- Deliberate attempt to avoid service
8. Remedies Sought
- Striking off the roll
- Suspension from practice
9. Cause of Actions
- Professional Misconduct
10. Practice Areas
- Professional Misconduct
- Regulatory Law
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Law Society of Singapore v Seow Theng Beng Samuel | High Court | Yes | [2022] SGHC 112 | Singapore | Cited for the sentencing framework applied to the present case. |
| Law Society of Singapore v CNH | High Court | Yes | [2021] SGHC 212 | Singapore | Cited for the grounds of decision for SUM 1, regarding substituted service. |
| Re Lim Kiap Khee; Law Society of Singapore v Lim Kiap Khee | High Court | Yes | [2001] 2 SLR(R) 398 | Singapore | Cited as a previous case where the court proceeded with the show cause hearing in the absence of the respondent solicitor. |
| Law Society of Singapore v Rasif David | High Court | Yes | [2008] 2 SLR(R) 955 | Singapore | Cited as a previous case where the court proceeded with the show cause hearing in the absence of the respondent solicitor. |
| Law Society of Singapore v Tay Eng Kwee Edwin | High Court | Yes | [2007] 4 SLR(R) 171 | Singapore | Cited as a previous case where the court proceeded with the show cause hearing in the absence of the respondent solicitor. |
| Law Society of Singapore v Loh Wai Mun Daniel | High Court | Yes | [2004] 2 SLR(R) 261 | Singapore | Cited as a previous case where the court proceeded with the show cause hearing in the absence of the respondent solicitor. |
| Law Society of Singapore v Heng Guan Hong Geoffrey | High Court | Yes | [1999] 3 SLR(R) 966 | Singapore | Cited as a previous case where the court proceeded with the show cause hearing in the absence of the respondent solicitor. |
| Law Society of Singapore v Udeh Kumar s/o Sethuraju and another matter | High Court | Yes | [2017] 4 SLR 1369 | Singapore | Cited for the principle that sexual offences entail a severe violation of the dignity and bodily integrity of the victim. |
| Law Society of Singapore v Chia Choon Yang | High Court | Yes | [2018] 5 SLR 1068 | Singapore | Cited for the principle that the court should consider whether the misconduct stemmed from a lapse of judgment rather than a character defect. |
| Loh Der Ming Andrew v Koh Tien Hua | High Court | Yes | [2022] SGHC 84 | Singapore | Cited for the principle that the court should consider whether the misconduct stemmed from a lapse of judgment rather than a character defect. |
| Law Society of Singapore v Ismail bin Atan | High Court | Yes | [2017] 5 SLR 746 | Singapore | Compared to the present case regarding the appropriate sanction for sexual misconduct. |
| Law Society of Singapore v Wong Sin Yee | High Court | Yes | [2018] 5 SLR 1261 | Singapore | Cited for the principle that pleading guilty in criminal charges does not equate to pleading guilty before the DT. |
| Law Society of Singapore v Dhanwant Singh | High Court | Yes | [2020] 4 SLR 736 | Singapore | Cited for the principle that there is no mitigating weight to be attributed to the respondent's conduct in disciplinary proceedings. |
| Law Society of Singapore v Ravi s/o Madasamy | High Court | Yes | [2016] 5 SLR 1141 | Singapore | Cited for the principle that the paramount considerations in disciplinary proceedings are the protection of the public and upholding public confidence in the integrity of the legal profession. |
| Chiong Chin May Selena v Attorney-General and another | High Court | Yes | [2021] 5 SLR 957 | Singapore | Cited for the principle that a voluntary suspension of practice may be considered as a mitigating factor. |
| Choy Chee Yean v Law Society of Singapore and another | High Court | Yes | [2020] 3 SLR 1268 | Singapore | Cited for the principle of whether one's cessation was truly voluntary and was undertaken in recognition of or in atonement for his transgressions. |
| Law Society of Singapore v Ng Chee Sing | High Court | Yes | [2000] 1 SLR(R) 466 | Singapore | Cited for the principle that the mere fact that the respondent was in his first year of practice when he committed the offences does not justify a lower sanction. |
| Law Society of Singapore v Ravi Madasamy | High Court | Yes | [2007] 2 SLR(R) 300 | Singapore | Cited for the principle that inexperience could be mitigating if it explains or mitigates the misconduct. |
| Law Society of Singapore v Wong Sin Yee | High Court | Yes | [2003] 3 SLR(R) 209 | Singapore | Cited for the principle that the court took into account the fact that the errant solicitor had been 'severely punished' for an assault charge. |
| Stansilas Fabian Kester v Public Prosecutor | High Court | Yes | [2017] 5 SLR 755 | Singapore | Cited for the principle that an offender who has had certain sanctions or measures imposed on him by his employer following his misdemeanour has 'already been punished' and should therefore receive a lesser degree of (further) punishment from the court. |
| PP v Kwong Kok Hing | High Court | Yes | [2008] 2 SLR(R) 684 | Singapore | Cited for the rationale for punishment under the criminal law. |
| M Raveendran v Public Prosecutor | High Court | Yes | [2021] SGHC 254 | Singapore | Cited for the principle that the potential consequences he faced in connection with the potential loss of his employment benefits were relevant to sentencing. |
13. Applicable Rules
| Rule Name |
|---|
| Legal Profession (Disciplinary Tribunal) Rules (2010 Rev Ed) |
| rule 6 of the DT Rules |
| rule 16 of the DT Rules |
| rule 23 of the DT Rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| s 83(1) of the Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| s 83(2)(h) of the Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| s 85(3) of the Legal Profession Act | Singapore |
| s 93(1)(c) of the Legal Profession Act | Singapore |
| ss 94(1) and 98(1) of the Legal Profession Act | Singapore |
| s 103(3) and (4) of the Legal Profession Act | Singapore |
| s 104 of the Legal Profession Act | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| s 509 of the Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Section 354(1) of the Penal [C]ode, Chapter 224 | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| s 45A of the Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Disciplinary Tribunal
- Victim Impact Statement
- Substituted Service
- Misconduct Unbefitting
- Sexual Offences
- Character Defect
- Premeditation
- Persistence
- Emotional Blackmail
- Breach of Trust
15.2 Keywords
- Disciplinary Proceedings
- Sexual Misconduct
- Legal Profession
- Singapore
- Court of Three Judges
- Law Society
- Striking Off
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Disciplinary Proceedings | 95 |
| Legal Profession Act | 90 |
| Professional Misconduct | 80 |
| Sexual Offences | 70 |
| Criminal Law | 50 |
| Criminal Procedure | 30 |
| Civil Litigation | 10 |
16. Subjects
- Law
- Ethics
- Professional Responsibility