Our Members
Disciplinary Regulations
Discipline and Professional
Conduct
1 Disciplinary action
1.1
A member shall be liable to disciplinary action in
any of the following cases:
1.1.1 if it is alleged that he is
guilty of misconduct. For the purpose of this
paragraph, misconduct includes, but is not
confined to, any of the following:
1.1.1.1 if the member is
represented to be guilty of any act likely
to bring discredit to himself, the FPAS or
the profession;
1.1.1.2 if he has been found
guilty by a court in Singapore or in any
country whose judgments are registrable in
Singapore of an offence which would bring
discredit to himself or the FPAS;
1.1.1.3 if he has been found
guilty in any civil proceedings to have
acted fraudulently or dishonestly;
1.1.2 if it is alleged that he has
performed his professional work or the duties of
his employment or conducted his practice
inefficiently or incompetently in such a manner
as to bring discredit to himself, the FPAS or
the profession;
1.1.3 if he has been found guilty in
any disciplinary proceedings instituted against
him by the FPAS
1.1.4 if it is alleged that he has
contravened or failed to comply with any of the
Professional Standards of the FPAS;
1.1.5 if he has failed to satisfy a
judgment debt or has, individually made an
assignment for the benefit of creditors or has,
under any resolution of creditors or order of
the court or any deed or document, had his
estate placed in liquidation for the benefit of
creditors or has made any arrangement for the
payment of a composition to creditors.
1.2
The FPAS may take disciplinary action against any
person who has whilst he was a member been guilty of
misconduct or neglect of duty which would have
rendered him liable for such action if he had
remained as a member and in such a case, all
provisions relating to investigation and discipline
shall apply to him as if he were still a member.
Investigation Committee
2. Appointment
2.1
The FPAS may from time to time appoint one or more
committees comprising
2.1.1 4 members; and
2.1.2 A lay person (in relation to
an Investigation Committee, means an accountant,
architect, banker, advocate and solicitor,
company director, insurer, professional
engineer, medical practitioner or a person who
possesses such other qualifications as may be
approved by the FPAS);
to be known as Investigation
Committees to hear and determine any complaint
of professional misconduct made against any
member.
2.2
Three members of the Investigation Committee of whom
one shall be the lay person shall constitute a
quorum.
2.3
An Investigation Committee shall be appointed in
connection with one or more matters or for a fixed
period of time as the FPAS may think fit.
2.4
The FPAS may at any time revoke the appointment of
any Investigation Committee or may remove any member
of an Investigation Committee or fill any vacancy in
an Investigation Committee.
2.5
An Investigation Committee shall have powers to
co-opt other members.
2.6
Co-opted members shall be competent to exercise any
of the functions conferred upon members of the
Investigation Committee.
2.7
An Investigation Committee may act notwithstanding
any vacancy in its membership provided that there is
a quorum; and no act done by or under the authority
of the Investigation Committee shall be invalid in
consequence of any defect that is subsequently
discovered in the appointment or qualification of
the members or any of them.
2.8
The FPAS shall appoint a member of an Investigation
Committee to be the Chairman of the Committee.
2.9
An Investigation Committee shall meet from time to
time for the despatch of business and, subject to
the provisions of these regulations, may determine
its own procedure and the mode of deciding questions
before it.
2.10
An Investigation Committee shall not be bound to act
in a formal manner and shall not be bound by any law
relating to evidence but may inform itself on any
other matter in such manner as it thinks fit.
2.11
An Investigation Committee may appoint a legal
adviser who may be present at any inquiry into any
matter to advise the Investigation Committee on all
matters of law.
3. Complaints against member
3.1
Any member or any person may in writing bring to the
attention of the President/Executive Director any
complaint which indicates that a member may be
liable to disciplinary action.
3.2
The President/Executive Director may if he thinks
fit require that the complaint be supported by one
or more statutory declarations.
3.3
Where the President/Executive Director has received
any complaint or where facts are brought to his
knowledge which satisfy him that there may be
grounds for such a complaint, he shall lay the
complaint or facts, as the case may be, before an
Investigation Committee.
3.4
The Investigation Committee shall investigate the
matter and determine whether or not it is to be
referred to the Disciplinary Committee.
4. Notice of hearing
4.1
Before any investigation begins in respect of any
matter -
4.1.1 the President/Executive
Director shall post or deliver to the member
concerned -
4.1.1.1 copies of the written
complaint (if any) and of any statutory
declaration that may have been made in support
of the complaint; and
4.1.1.2 a notice setting out any
further particulars that may be necessary to
disclose the reason for the investigation and
inviting the member concerned within such period
as may be specified in the notice (which shall
not be less than 14 days) to give to the
President/Executive Director any written
explanation he may wish to offer and to advise
the Executive Director if he wishes to be heard
by the Investigation Committee.
4.2
The Investigation Committee shall allow the time
specified in the notice to lapse and shall give the
member concerned reasonable opportunity to be heard
if he so desires and shall give due consideration to
any explanation he may make.
4.3
The Investigation Committee shall give the member
concerned not less than 14 days' notice of the time,
date and place of the hearing of the case.
5. Powers of Investigation
Committee
5.1
For the purposes of its investigations, the
Investigation Committee may -
5.1.1 call upon or employ any person
to make whatever preliminary inquiries it thinks
necessary;
5.1.2 require the production for
inspection by the Investigation Committee or any
person so employed of any books, documents or
papers which may relate to or be connected with
the subject-matter of the investigation; and
5.1.3 require any member to give all
information in relation to any such books,
documents or papers which may be reasonably
required by the Investigation Committee or by
the person so employed.
5.2
Any member who without lawful excuse refuses or
fails to produce to the Investigation Committee or
to any person whom the Investigation Committee may
employ for the purpose of investigation, any books,
documents or papers required for him under rule
5.1.3 or fails to give any such information relating
thereto shall be guilty of an offence and shall be
liable on conviction to a fine not exceeding
$10,000.
6. Matters which Investigation
Committee may take into consideration
6.1
The Investigation Committee may take into account
any fact or matter which has been considered by an
Investigation Committee on any previous occasion in
relation to the member concerned (in respect of
which, although a prima facie case has been made
out, no case was referred to the Disciplinary
Committee) and if it is decided to refer the case to
the Disciplinary Committee then the reference may
include all or any of the facts and matters which
were on each occasion so considered by the
Investigation Committee.
6.2
Without prejudice to any other action it may take,
if the Investigation Committee is of the opinion
that the facts and matters laid before it indicate
that the member may be or may have been managing his
practice inefficiently or in whatever occupation of
a professional nature has been acting inefficiently
or incompetently, the Investigation Committee may,
in its absolute discretion, advise the member to
obtain advice from such source as the Investigation
Committee may determine. If the member fails to seek
such assistance when advised to do so, that fact
shall be recorded.
7. Hearing before Investigation
Committee
7.1
The member concerned shall be entitled -
7.1.1 to be heard before the
Investigation Committee;
7.1.2 to be represented by an
advocate and solicitor or a member as he may
wish; and
7.1.3 to call witnesses.
7.2
If the member concerned does not attend the hearing
as fixed, the Investigation Committee may proceed to
hear the case in his absence provided it is
satisfied that notice of the hearing has been given
in accordance with rule 4.3.
7.3
All evidence given at the hearing of any matter by
the Investigation Committee shall be given orally
except that the Investigation Committee shall also
be entitled to obtain sworn affidavits from any
person if it considers them necessary for the better
investigation of the matter.
7.4
Where a case of a member who is liable to
disciplinary action under rule 1.1.1.2, 1.1.1.3 or
1.1.3 has been referred to the Investigation
Committee, the Investigation Committee shall have
discretion to treat as proved any fact accepted by
the FPAS or by the court, as the case may be, and
the Investigation Committee may report to the
Disciplinary Committee in such manner as it thinks
fit.
7.5
The Investigation Committee shall report
its findings to the Disciplinary Committee within 3
months from the date of the commencement of
investigation. If the Investigation Committee is
unable to do so within such period, it may apply to
the President for an extension of time of up to 3
months. Any further extension of time thereafter may
be granted by the President on such terms and
conditions as it thinks fit.
Disciplinary Committee
8. Appointment
8.1
The FPAS shall appoint annually a Disciplinary
Committee which shall consist of not less than 4
members of the FPAS.
8.2
Three members of the Disciplinary Committee shall
constitute a quorum.
8.3
The Disciplinary Committee may, subject
to these rules, regulate its own procedures in such
manner as it thinks fit.
9. Decision of Disciplinary
Committee
9.1
Upon consideration of the report of the
Investigation Committee, the Disciplinary Committee
may order -
9.1.1 in the case of a member -
9.1.1.1 that his name be removed
from the register and that he shall cease to
be a member;
9.1.1.2 that his registration as
a member be suspended for such period as the
Investigation Committee may recommend;
9.1.1.3 that he be fined a sum
not exceeding $25,000;
9.1.1.4 that he be censured;
9.1.1.5 that notwithstanding the
Investigation Committee's findings, no
further action be taken on the case; or
9.1.1.6 that he obtains advice or
professional assistance from such source as
the Disciplinary Committee thinks
appropriate;
9.2
The Disciplinary Committee may order the member
concerned to pay to the FPAS such sums as it thinks
fit in respect of costs and expenses of and
incidental to any investigation and inquiry.
9.3
Any penalty imposed or costs and expenses incurred
by the FPAS under this section shall be recoverable
as a debt due to the FPAS.
9.4
The Disciplinary Committee may, where it thinks fit,
require an Investigation Committee to consider
further evidence and meet for that purpose except
that the member concerned shall be given not less
than 14 days' notice of such further meeting of the
Investigation Committee.
10. Effective date of decision
10.1
The decision of the Disciplinary Committee shall,
unless it is otherwise specified, take effect from
the date of the decision.
11. Surrender of membership
certificate
11.1
In the event of the name of a person being removed
from the register or of a person being suspended
from membership, the certificate of membership shall
be delivered up by him to the Executive Director to
be cancelled or retained during the suspension, as
the case may be.
12. Publication of decision
12.1
The Disciplinary Committee's decision taken under
these rules may be published in any official
publication of the FPAS. Every member shall be
deemed to have agreed, as part of the conditions to
join the FPAS, that no civil action in defamation
may be brought against the FPAS, its officers or any
person employed by it for making such official
publication. In addition, the FPAS, its officers or
any person employed by it shall have qualified
privilege in making such publication.
12.2
The Disciplinary Committee's decision taken under
these rules may also be referred to the relevant
authorities.
12.3
For the purpose of this rule, "official publication"
includes all local newspapers.
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