I have another confession to make. No, my name is not Ravi, but my other full name, NRIC number and address are ...
MP Hri Kumar Nair (in Parliament on 26th August 2008):
On that note, I would like to touch on two specific matters in the Bill. First, the provisions to compel a solicitor to undergo a medical examination if there are doubts that he is physically or mentally capable of discharging his duties. It is difficult to argue against its rationale. However, I would like to raise a few points.
First, the Bill provides that where an application is made by the Attorney-General or the Law Society Council, and it appears to the Judge that the fitness of the solicitor may be impaired, the Judge shall order the solicitor to be examined by a registered medical practitioner who meets certain criteria as the Judge may specify. However, it is unclear whether the Judge merely specifies the criteria, or identifies the actual medical practitioner. If the former, who selects the medical practitioner?
In this regard, I note a striking dissimilarity with the law governing the medical profession. The Medical Registration Act and its regulations also empower the Medical Council to take steps to deal with doctors who may not be able to discharge their duties on account of their physical or mental condition. In that case, the Complaints or Health Committee may invite the doctor to be examined by at least two medical practitioners to be appointed by the Committee, but the doctor is also entitled to nominate his own medical practitioners to report to the Committee on his fitness to practise.
Sir, there is a more fundamental difference between lawyers and doctors in this regard. Where a doctor refuses medical examination, he risks his practising certificate. Under the Bill, the lawyer who refuses risks not just his practising certificate, he would be in contempt of court as well. There may be many reasons why a person may refuse a medical examination, particularly when the report will be disclosed to the Council (which is made up of his peers) and the Attorney-General. We are not dealing with a public health issue. A lawyer, just like a doctor, should be entitled to refuse examination without the pain of contempt. He puts his certificate at risk, but that is his choice. And if he chooses to subject himself to an examination, he should, like doctors, be entitled to furnish the report of a physician of his choice as well.
Second, the proposed section 25C(6) spells out that "the solicitor shall bear all costs of incidental to his medical examination …". Could the Minister clarify whether it is intended to include the costs of the legal proceedings to compel the lawyer to undergo the medical examination? In this regard, I hope the intention is to leave such matters, as is usually the case, to the discretion of the Courts.
Sir, on the issue of the penalties and the increased penalties, clause 26(e) of the Bill proposes amending section 82A(12)(d) increasing the monetary penalty that could be imposed on a legal officer or non-practising solicitor from the present of not more than $5,000 to not more than $20,000. Clause 27(a) of the Bill proposes to amend section 83 to allow for the penalty of not more than $100,000 on a practising solicitor.
In both cases, the monetary penalty is but one of the various possible punishments that could be imposed. The questions are: Why the disparity of increase? Why the disparity between $100,000 and $20,000?
The nature of the penalty raises another issue. What is the basis of the new upper limit of $100,000? I note that the upper limit for medical practitioners stands at $10,000. A lawyer may also be suspended for up to five years, while a doctor can only be suspended up to three years. May I ask: why the disparity in treatment, particularly where there is an equally strong, and arguably even higher, public interest in the regulation of doctors? This, of course, does not address whether there is consistency in the actual penalties given to lawyers and doctors for similar transgressions, but that is a different debate.
There is also proposed a whole slew of changes to streamline the disciplinary process to shorten the time to dispose of cases. I welcome this, as it does the legal profession little credit to have complaints against its members pending or unresolved for any considerable length of time. Such new measures include the step of reducing the Disciplinary Tribunal to just two members, and not requiring unanimity of the Tribunal in making the decisions. So, where there is a disagreement, the decision of the President prevails.
Sir, the fate of the respondent solicitor, therefore, effectively lies in the hands of one person, the President of the Tribunal. I understand that there has been much discussion on this issue with the Law Society, and this is a compromise solution. I will, therefore, not go over the same issues and arguments.
I would, however, like to draw a comparison again with the medical profession. A medical disciplinary committee consists of three registered medical practitioners of at least 10 years' standing, of whom at least two shall be members of the Medical Council. There is a lay observer, but he cannot vote and his presence is not even required. This is a bit odd but, again, I will leave that to a different debate. Therefore, unlike the proposed new law for the legal profession, the doctors are still judged by a majority of his peers. I would imagine, Sir, that any concern over the length of time it takes to dispose of complaints against lawyers would likewise apply to complaints against doctors and other professionals. In the circumstances, can we expect similar amendments to legislation governing the conduct of all other professions?
Finally, Sir, with respect to the remarks by the hon. Member Dr Teo Ho Pin, can I just say this: It is because the vast majority of lawyers are honest and honourable that, when one falls, it makes the news and the public expresses its surprise and outrage. So, let us keep things in perspective. I think we will really be in trouble when lawyers fall and no one really thinks much about it.