Rick Tham Yu Xian

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Rick Tham Yu Xian, an advocate and solicitor of about 18 years' standing, was convicted in 1996 and fined $5,000 for abetting a foreign person (Lim) to acquire residential property through a nominee (Ang) arrangement in breach of s 3(1)(c) of the Residential Property Act, including preparing a trust deed. The Disciplinary Committee found cause of sufficient gravity under s 83(2)(a). The High Court held the conviction was final and conclusive under s 83(6), found the offence involved dishonesty (a fraud on the authorities) rather than being merely technical, and, noting the aggravating factor that it was committed in his professional capacity, ordered him struck off the roll.

Duties found breached:

• Personal probity and fitness to practise
• Comply with rules of foreign jurisdictions

Aggravating factors:

• Offence committed in his professional capacity as an advocate and solicitor, abusing his position
• Intentional circumvention of laws he was duty-bound to uphold; amounted to a fraud on the authorities
• Solicitor of about 18 years' standing who should have known better

Mitigating factors:

• No financial benefit beyond usual conveyancing fees
• Isolated error of judgment over an 18-year career
• Expressed regret and had not renewed his practising certificate