Tan Beng Hui Carolyn v Law Society of Singapore: Appeal on Professional Misconduct Penalty
Tan Beng Hui Carolyn appealed to the Court of Appeal of Singapore against the decision of a High Court Judge, who dismissed her application to review and set aside a $10,000 penalty imposed by the Council of the Law Society of Singapore for breaches of the Legal Profession (Professional Conduct) Rules 2015. The Court of Appeal dismissed the appeal, holding that the appeal should have been made to the Appellate Division of the High Court instead. The court also found the appeal to be without merit.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal against a $10,000 penalty for breaches of the Legal Profession (Professional Conduct) Rules 2015. Appeal dismissed for jurisdictional reasons and lack of merit.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The Law Society of Singapore | Respondent | Statutory Board | Appeal Dismissed | Won | |
| Tan Beng Hui Carolyn | Appellant | Individual | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Judith Prakash | Justice of the Court of Appeal | No |
| Belinda Ang Saw Ean | Justice of the Court of Appeal | Yes |
4. Counsels
4. Facts
- The Appellant, Tan Beng Hui Carolyn, appealed against a $10,000 penalty.
- The penalty was imposed by the Law Society for breaches of the Legal Profession (Professional Conduct) Rules 2015.
- The Appellant made allegations against lawyers and a judge in a prior case, HC/OS 1100/2017.
- Complaints were lodged against the Appellant, leading to an investigation by the Respondent.
- The Inquiry Committee found breaches of the PCR.
- A Disciplinary Tribunal found the Appellant guilty of disrespectful remarks and failing to provide an opportunity to respond to allegations.
- The Council accepted the DT's findings and imposed a $10,000 penalty.
5. Formal Citations
- Tan Beng Hui Carolyn v Law Society of Singapore, Civil Appeal No 16 of 2022, [2023] SGCA 7
6. Timeline
| Date | Event |
|---|---|
| Legal Profession (Professional Conduct) Rules 2015 enacted | |
| Appellant made allegations against lawyers and a judge in HC/OS 1100/2017 | |
| Complainants brought to Gill JC’s attention that Tan & Au LLP had included in their Bundle of Documents a document that was not in evidence | |
| Appellant filed a supporting affidavit, where she made certain allegations against Gill JC as well as some of the Complainants | |
| Tan & Au LLP filed their Bundle of Documents, which still contained the new evidence on page 98 | |
| Appellant sent an email to Mr David Kong claiming she had left several messages for him and accusing YLP of suppressing the truth | |
| Striking Out Applications and the Recusal Application were heard | |
| Appellant lodged a police report repeating the allegation that Mr Kong had committed perjury | |
| Tan & Au LLP requested further arguments, wherein another allegation against Mr Kong was made | |
| Gill JC declined the Appellant’s Request for Further Arguments | |
| Tan & Au LLP filed the Applicant’s Closing Submissions in OS 1100, repeating the same allegations that had been raised in support of the Request for Further Arguments | |
| Complainants lodged 13 complaints with the Respondent | |
| Mr. Kong passed away | |
| Inquiry Committee issued a report | |
| Respondent sent a letter to the Appellant with the IC Report enclosed | |
| Appellant submitted a written mitigation statement | |
| Appellant submitted a written mitigation statement | |
| Appellant made an oral mitigation before the Council | |
| Council's decision communicated to the Appellant in a letter | |
| Appellate Division of the High Court came into existence | |
| Appellant applied under s 95 of the LPA to have the court review and set aside the decision of the Council | |
| Appeal dismissed | |
| Grounds of decision delivered |
7. Legal Issues
- Jurisdiction
- Outcome: The Court of Appeal held that the appeal should have been made to the Appellate Division of the High Court.
- Category: Jurisdictional
- Sub-Issues:
- Correct appellate court
- Administrative law
- Related Cases:
- [2021] 1 SLR 874
- [2022] 1 SLR 1134
- [2022] SGCA 40
- Breach of Professional Conduct Rules
- Outcome: The Court of Appeal upheld the Council's decision that the Appellant had breached the PCR.
- Category: Substantive
- Sub-Issues:
- Disrespectful remarks to the court
- Failure to provide opportunity to respond to allegations
- Making allegations against other lawyers
8. Remedies Sought
- Review and set aside the decision of the Council to impose a penalty
9. Cause of Actions
- Breach of Legal Profession (Professional Conduct) Rules 2015
10. Practice Areas
- Civil Litigation
- Professional Responsibility
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Iskandar bin Rahmat v Law Society of Singapore | Court of Appeal | Yes | [2021] 1 SLR 874 | Singapore | Cited for the proposition that the disciplinary jurisdiction exercised by a Judge under ss 95, 96 and 97 of the LPA is part of the civil jurisdiction of the court and can form the subject matter of an appeal to the Court of Appeal. |
| Dongah Geological Engineering Co Ltd v Jungwoo E&C Pte Ltd | Court of Appeal | Yes | [2022] 1 SLR 1134 | Singapore | Cited to support the argument that a review of an adjudication determination under the Building and Construction Industry Security of Payment Act 2004 would not constitute an administrative review or a case relating to administrative law. |
| Seow Fook Sen Aloysius v Rajah & Tann Singapore LLP | Court of Appeal | Yes | [2022] SGCA 40 | Singapore | Cited for the principle that a case that engages paragraphs 1(a) to 1(e) of the Sixth Schedule is one where, at the least, there is “some reasonable relationship … between the specified subject matter and the ‘case’ from which the appeal arises |
| Law Society of Singapore v Ang Boon Kong Lawrence | High Court | Yes | [1992] 3 SLR(R) 825 | Singapore | Cited to support the argument that the court has jurisdiction under s 95 of the Legal Profession Act (Cap 161, 1990 Rev Ed) to enquire into an Inquiry Committee’s conduct of the matter, but only the Council’s determination. |
| Law Society of Singapore v Looi Wan Hui | Disciplinary Tribunal | Yes | [2018] SGDT 6 | Singapore | Cited as a precedent for the penalty imposed for breaches of the PCR. |
| Law Society of Singapore v Ravi S/O Madasamy | Disciplinary Tribunal | Yes | [2012] SGDT 12 | Singapore | Cited as a precedent for the penalty imposed for breaches of the PCR. |
| Law Society of Singapore v Udeh Kumar s/o Sethuraju and another matter | Court of Three Judges | Yes | [2017] 4 SLR 1369 | Singapore | Cited to support the argument that the minute sheets recorded and signed by various district judges constituted entries into a public record by public officers in the discharge of their official duties, and were thus relevant and admissible under s 37 of the Evidence Act. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| Supreme Court of Judicature Act 1969 (2020 Rev Ed) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| Interpretation Act (Cap 1, 2002 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Legal Profession (Professional Conduct) Rules 2015
- Inquiry Committee
- Disciplinary Tribunal
- Council of the Law Society
- Recusal Application
- Striking Out Application
- Perjury
- Professional Misconduct
- Mitigation
- Natural Justice
15.2 Keywords
- legal profession
- professional conduct
- disciplinary proceedings
- penalty
- appeal
- jurisdiction
- administrative law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Legal Ethics and Professional Responsibility | 95 |
| Legal Profession Act | 90 |
| Disciplinary Proceedings | 85 |
| Civil Procedure | 75 |
| Appellate Practice | 70 |
| Administrative Law | 60 |
16. Subjects
- Legal Ethics
- Professional Discipline
- Administrative Law
- Civil Procedure