Findings and Determination of the Disciplinary Committee

Pursuant to s 93(5) of the Legal Profession Act (Cap 161) (‘the Act’), the Council of the Law Society is required to publish the findings and determination of the Disciplinary Committee in The Singapore Law Gazette or in such other media as the Council may determine to adequately inform the public of the same.

This summary is published pursuant to the requirements of s 93(5) of the Act.

In the matter of Lawrence Fong Kok Liong, an Advocate and Solicitor

The Disciplinary Committee (‘DC’) found no cause of sufficient gravity exists for disciplinary action against Mr Lawrence Fong Kok Liong (‘Solicitor’) under s 83 of the Legal Profession Act (‘the Act’). The Council of the Law Society accepted the findings and determination of the Disciplinary Committee.

The Solicitor was charged with the following two charges:

First Charge

That Lawrence Fong Kok Liong was guilty of such misconduct unbefitting an Advocate and Solicitor as an officer of the Supreme Court or as a member of an honourable profession, contrary to s 83(2)(h) of the Legal Profession Act (Cap 161, 2000) in that he, whilst acting for one Marsono in an agreement entered between the said Marsono and one Joaquim de Souza wherein Marsono undertook to arrange for the issuance of Letters of Credit to the nominated banks of Joaquim de Souza and whilst at or about the same time having knowledge and being aware that the said Joaquim de Souza had entered into a separate agreement dated 10 July 1998 with Joon Kit Auto Leasing (S) Pte Ltd (‘Joon Kit’) whereby Joaquim de Souza was to extend credit facilities to Joon Kit by way of Standby Letters of Credit in exchange for payments, did receive from Joon Kit on 27 October 1998 the sum of S$407,500 to be held as stakeholder and being aware that this money received had to be remitted immediately to Marsono, did release the sum of S$407,500 soon thereafter, and failed to advise Joon Kit or its then representative, Tan Jock Kit, to seek independent legal advice of the dealings between Joaquim de Souza and Joon Kit.

Second Charge

That Lawrence Fong Kok Liong had contravened Rule 30(2) of the Legal Profession (Professional Conduct) Rules within the meaning of s 83(2)(j) of the Legal Profession Act (Cap 161, 2000) in that he, whilst acting for one Marsono in an agreement entered into between the said Marsono and one Joaquim de Souza and whilst also having knowledge that the said Joaquim de Souza has entered into a separate agreement dated 10 July 1998 with Joon Kit to extend credit facilities to Joon Kit by way of Standby Letters of Credit in favour of Joon Kit in exchange for payments by Joon Kit, knowing or ought to have known that such payment by Joon Kit, was to be remitted immediately to Marsono, and knowing or ought to have known that Joon Kit did not have any knowledge of the immediate remittance to Marsono and/or that they did not have any independent legal advice, did represent to Joon Kit or its representative, Tan Jock Kit that the money received by him would be held as a stakeholding and would be released only after the issuance of the Standby Letters of Credit to Joon Kit, and he failed in his duty as an Advocate and Solicitor to ensure that Joon Kit or its representative, Tan Jock Kit was not under an impression that their money and/or their interest were protected by him as an Advocate and Solicitor by his being the stakeholder.

Having heard witnesses and the Solicitor, the DC made the determination that the two charges against the Solicitor be dismissed as there was no evidence that there was a stakeholder agreement made on 27 October 1998 between the Solicitor and Joon Kit.