386AE. Meaning of “legal privilege”

Question 1

386AE. Meaning of “legal privilege”

Answer 1

General overview
[386AE.01] Under s 386AG(6), an addressee of a notice for information given under s 386AG(2) must comply with the notice within the time specified thereunder except that he is not required to provide any information that is the subject of legal privilege. Section 386AE defines the meaning of legal privilege for the purposes of Part XIA of the Act.

Question 2

Legal privilege

Answer 2

[386AE.02] For the avoidance of any doubt, a statutory definition of legal privilege is provided in subsection (1)(a)–(c) in respect of communication, and (d) and (e) in respect of an item or document relating to the aforesaid communication.

Question 3

Legal advice between lawyer and client

Answer 3

[386AE.03] Subsection (1)(a) provides that legal privilege covers any communication between a lawyer and his client, or between two or more lawyers acting for a client in connection with giving legal advice to the client.

Question 4

Legal advice between legal counsel and employer

Answer 4

[386AE.04] In similar vein, the communication between a legal counsel and his employer, or between two or more legal counsels acting for their employer in connection with giving legal advice to their employer, is covered by legal privilege: s 386AE(1)(b).

Question 5

Communication for purpose of legal proceedings

Answer 5

[386AE.05] Subsection (1)(c) further extends legal privilege to a client or employer of the legal counsel with another person, or between a lawyer acting for a client and either client or another person, or between a legal counsel acting for his employer and either his employer or another person, in connection with any legal proceedings whether anticipated or pending, in which the client or employer is, or may be, a party.

Question 6

Items or documents

Answer 6

[386AE.06] Subsections (1)(d) and (e) provide that any item or document made or prepared by any person in connection with the giving of legal advice or for the purpose of legal proceedings shall be covered by legal privilege.

Question 7

Exception for criminal purpose

Answer 7

[386AE.07] Legal privilege does not extend to any communication, item or document made or prepared with the intention of furthering a criminal purpose: s 386AE(1).

Question 8

Definition of “client” and “employer”, etc.

Answer 8

[386AE.08] Subsection (2) sets out the definition of the terms used in this section which are self-explanatory, save the meaning of “employer” which is a public agency under s 128A(6) of the Evidence Act (Cap 97). Refer to the definition of “public agency” under s 386AM(6).