Re Suria Shaik Aziz: Admission to the Bar & Ethical Implications of Plagiarism
Suria Shaik Aziz applied to be admitted as an Advocate and Solicitor of the Supreme Court of Singapore. The Chief Justice of the High Court raised concerns about the Applicant's understanding of the ethical implications of plagiarism during his time as a law student. The Applicant was granted leave to withdraw his application, subject to an undertaking not to reapply for four months. The court's decision was delivered by Sundaresh Menon CJ on 5 May 2023.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Application Withdrawn
1.3 Case Type
Regulatory
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for admission to the bar was withdrawn due to concerns about the applicant's understanding of the ethical implications of plagiarism.
1.7 Decision Date
2. Parties and Outcomes
Party Name | Role | Type | Outcome | Outcome Type | Counsels |
---|---|---|---|---|---|
Suria Shaik Aziz | Applicant | Individual | Application Withdrawn | Withdrawn | Uthayasurian s/o Sidambaram, Divanan s/o Narkunan |
3. Judges
Judge Name | Title | Delivered Judgment |
---|---|---|
Sundaresh Menon | Chief Justice | Yes |
4. Counsels
Counsel Name | Organization |
---|---|
Uthayasurian s/o Sidambaram | Phoenix Law Corporation |
Divanan s/o Narkunan | Phoenix Law Corporation |
Lee Hui Min | Attorney-General’s Chambers |
Clement Lim Chau Jie | Attorney-General’s Chambers |
Andrew Chua | Drew & Napier LLC |
Darryl Chew | Chia Wong Partnership LLC |
Wong Li-Yen Dew | Dew Chambers |
4. Facts
- Applicant plagiarized materials in a research paper during his time at the University of Tasmania.
- Applicant received a formal reprimand from the University for academic misconduct.
- Applicant failed to disclose a prior incident involving plagiarism in a research outline.
- Applicant characterized his misconduct as a failure to exercise due diligence in completing his coursework.
- Applicant was aware of the high similarity index in his research paper before submitting it.
- Applicant did not disclose the plagiarism incident in his affidavit for his Part Call Application.
5. Formal Citations
- Re Suria Shaik Aziz, Admission of Advocates and Solicitors No 530 of 2022, [2023] SGHC 129
6. Timeline
Date | Event |
---|---|
Applicant submitted a research outline for the Research Paper. | |
Applicant submitted the Research Paper. | |
Professor Otlowski informed the Applicant of an allegation of academic misconduct. | |
Applicant met with Professor Otlowski to discuss the allegation of academic misconduct. | |
Applicant received a letter from Professor Otlowski regarding the academic misconduct determination. | |
Applicant submitted a revised version of his research paper. | |
Applicant filed an Originating Application to be admitted as an advocate and solicitor in Singapore. | |
Applicant applied to be part called under s 32(3) of the Legal Profession Act 1966. | |
Applicant's Part Call Application was granted. | |
Applicant filed his affidavit for admission in which he disclosed the plagiarism incident. | |
The Attorney-General requested the Applicant to file a supplementary affidavit to provide more information and documents on the plagiarism incident. | |
Applicant filed the Supplementary Affidavit. | |
The Attorney-General emailed the Applicant and asked him to elaborate on the nature of the “repeated warnings about plagiarism”. | |
Applicant replied and explained that the “repeated warnings” likely referred to Professor Hilkemeijer’s feedback in relation to his Research Paper Outline. | |
The Attorney-General applied to adjourn the Applicant’s admission application for one month. | |
Adjournment granted for admission hearing. | |
Case management conference held. | |
Applicant filed the further affidavit. | |
Leave was granted for the Attorney-General to withdraw the Notice of Objection. | |
The Attorney-General withdrew the Notice of Objection. | |
Admission hearing. | |
Decision delivered. |
7. Legal Issues
- Ethical Implications of Plagiarism
- Outcome: The court found that the applicant demonstrated a continuing lack of appreciation of the ethical implications of his misconduct.
- Category: Substantive
- Sub-Issues:
- Lack of insight into the gravity of passing off the work of others as one's own
- Failure to appreciate the rationale behind academic integrity rules
- Suitability for Admission to the Bar
- Outcome: The court was of the view that the Applicant was not a fit and proper person to be admitted at this time.
- Category: Procedural
- Sub-Issues:
- Disclosure of prior misconduct
- Remorse and rehabilitation
- Forthrightness in disclosures
8. Remedies Sought
- Admission as an Advocate and Solicitor of the Supreme Court
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Regulatory Law
- Professional Responsibility
11. Industries
- Legal Services
- Education
12. Cited Cases
Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
---|---|---|---|---|---|
Re Wong Wai Loong Sean and other matters | High Court | Yes | [2022] SGHC 237 | Singapore | Cited for the principles governing admission applications, specifically the inquiry into an applicant's character and the factors considered when there has been prior misconduct. |
Re Tay Jie Qi and another matter | High Court | Yes | [2023] SGHC 59 | Singapore | Cited for the principles governing admission applications, specifically the inquiry into an applicant's character and the factors considered when there has been prior misconduct. |
Re Tay Quan Li Leon | High Court | No | [2022] SGHC 133 | Singapore | Cited to draw parallels with the applicant's conduct during the initial investigations, where the applicant sought to downplay his culpability. |
Re Teo Jun Kiat, Evan (alias Zhang Junjie) | High Court | Yes | [2015] SGHC 274 | Singapore | Cited for the requirement of 'good character' as set out in s 13(b) of the LPA. |
13. Applicable Rules
Rule Name |
---|
Legal Profession (Admission) Rules 2011 |
14. Applicable Statutes
Statute Name | Jurisdiction |
---|---|
Legal Profession Act 1966 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Plagiarism
- Academic misconduct
- Admission to the bar
- Ethical implications
- Research paper
- Turnitin
- Similarity index
- Part Call Application
- Disclosure
- Remorse
- Rehabilitation
15.2 Keywords
- admission
- advocate
- solicitor
- plagiarism
- ethics
- legal profession
- Singapore
16. Subjects
- Legal Ethics
- Professional Conduct
- Higher Education
17. Areas of Law
- Legal Profession
- Admission to the Bar
- Ethics
- Academic Misconduct