LAWS OF MALAYSIA REPRINT Act 166 LEGAL PROFESSION ACT 1976 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 Laws of Malaysia 2 ACT 166 LEGAL PROFESSION ACT 1976 Date of Royal Assent ... ... ... ... ... 6 March 1976 Date of publication in the Gazette ... ... 11 March 1976 PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001 Legal Profession 3 LAWS OF MALAYSIA Act 166 LEGAL PROFESSION ACT 1976 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Application 3. Interpretation PART II QUALIFYING BOARD 4. Qualifying Board 5. Functions of Board 6. General power of Board and power to make rules 7. Membership of Board 8. Election of acting Chairman 9. Meetings of Board and quorum Qualified Persons 10. Admission of advocates and solicitors 11. Qualifications for admission 12. Period of pupillage of qualified person 13. Exemption from period and qualification for pupillage Filing of admission petition and enquiries, etc. 14. 15. Petition for admission with affidavit Laws of Malaysia 4 ACT 166 Section 16. Filing of petition and objection 17. Entering of caveat against admission 18. Admission in special cases 19. Right of appeal by objectors Articled Clerks 20. Qualification for articled clerks 21. Conditions to be a principal and discharge of clerk 22. Discharge of clerk for unfitness 23. Discharge of clerk generally 24. Period of articles and condition of articles 25. Condition of admission of articled clerk Reviews 26. Appeal from the decision of Board to Judge Hearing of Petitions and the Roll 27. Hearing by Judge, a member of Board 28. Roll of advocates and solicitors PART IIA SPECIAL PROVISIONS RELATING TO ADMISSION OF ADVOCATES AND SOLICITORS 28A. Attorney General's power to issue Special Admission Certificates 28B. Admission and enrolment as an advocate and solicitor of a person issued with a Special Admission Certificate 28C. Provisions as to Sijil Annual not to apply to an advocate and solicitor admitted under this Part 28D. Power of Attorney General to make orders 28E. Provisions of this Part to prevail Legal Profession 5 PART Ill PRACTISING CERTIFICATES Section 29. Advocate and solicitor to make declaration yearly 30. Disqualification for practising certificate 31. Register of Practitioners 32. Issue of Sijil Annual 33. Issue of Sijil Annual in certain conditions 34. Applicant to apply to Court PART IV PRIVILEGES OF ADVOCATES AND SOLICITORS 35. Right of advocate and solicitor 36. Advocate and solicitor to have name on the Roll before practice 37. No unauthorized person to act as advocate and solicitor 38. Certain persons can act as advocate and solicitor 39. Instrument and document to be endorsed 40. No cost payable to unauthorized person PART V MALAYSIAN BAR 41. Establishment of Malaysian Bar 42. Object and powers of the Bar Members of the Malaysian Bar and Subscriptions 43. Advocate and solicitors members of the Bar 44. Eligibility of a member 45. Disqualification of a member 46. Annual subscription Laws of Malaysia 6 ACT 166 Disqualification for Membership of Bar Council, Bar Committee, etc. Section 46A. Disqualification for membership of the Bar Council, a Bar Committee, or of any committee there of The Bar Council 47. Establishment of Bar Council 48. Period of holding office Election of Members of the Bar Council Members 49. Election of Bar Council Members 50. Annual election of Bar Council 51. When election deemed to be election 52. Bar Council when constituted 53. Casual vacancy to be filled by qualified person Officers 54. President, Vice-President and Secretary of the Bar 55. When a member of the Council to vacate office Powers of the Council 56. Powers and acts of Bar Council 57. Specific powers of the Bar Council 58. Appointment of committees 59. Rights to inspect file and copies of proceedings in bankruptcy 60. Power of Bar Council to accept gifts 61. Representation in Court Proceedings of the Bar Council 62. Meeting of the Council 63. Expenses of members Legal Profession 7 General Meeting of the Malaysian Bar Section 64. Annual general meetings 65. General meeting 66. Voting 67. Quorum State Bar Committee 68. Combined Bar-State Bar Committee 69. Combination of members as State Bar 70. Annual general meeting of State Bar 70A. General meeting of State Bar 71. Severance of combined Bar 72. Meeting of the State Bar Committee 73. Powers of the State Bar Comittee 74. Fees not allowed to State Bar Committee 75. Casual vacancy General 76. Names of Council and Committee members to be published in the Gazette PART VI PROFESSIONAL PRACTICE, ETIQUETTE, CONDUCT AND DISCIPLINE OF ADVOCATE AND SOLICITOR AND CLERKS Power to make rules regulating practice, etc. 77. 78. Power to make particular rules 78A. Power to make rules on professional indemnity 79. Advocate and solicitor to deliver accountant's report Compensation Fund 80. Compensation Fund 81. Advocate and solicitor shall not act as commissioner or notary without certificate Laws of Malaysia 8 ACT 166 Section 82. Advocate wilfully and knowingly acting as agent 83. Advocate and solicitor not to employ undischarged bankrupt 84. Advocate and solicitor acting for developer not to act purchaser in housing development 85. Registrar to maintain register of firm names 86. Where solicitor and client relationship exists 87. Where money is due from advocate and solicitor to the client Control of Property Guilty advocate and solicitor, etc. 88. 88A. Suspension of advocate and solicitor 89. Taking of prossession of documents in the possession of advocate and solicitor 90. Taking of possession of property in Counsel's possession when he is undischarged bankrupt, etc. 91. Personal representative liable for acts of advocate and solicitor 92. Bar Council to operate bank account of deceased solicitor's client PART VII DISCIPLINARY PROCEEDINGS 93. Disciplinary Board 94. Power of Disciplinary Board to strike off the Roll, suspend for misconduct, etc. 95. Disciplinary Committee Panel and Investigating Tribunal Panel 96. Appointment of Disciplinary Committee Panel 97. Appointment of Investigating Tribunal Panel 98. Director of the Complaints Secretariat 99. Complaint against advocate and solicitor or pupil 100. Investigating Tribunal 101. Investigation 102. Disciplinary Board's consideration of report by Investigating Tribunal 103. Disciplinary Board's power to order penalty 103A. Application to appoint a Disciplinary Committee Legal Profession 9 Section 103B. Disciplinary Committee 103C. Findings of Disciplinary Committee 103D. Consideration by the Disciplinary Board of the report of the Disciplin- ary Committee 103E. Appeal from the decision of the Disciplinary Board 103F. Power to make rules 103G. Saving and transitional provision 103H. Establishment of Discipline Fund 103I. Payment of fees, fine, costs, etc., into Discipline Fund 103J. Power to make rules (Deleted) 104. 105. Advocate and solicitor may apply to remove his name from the Roll 106. Bar Council to give Registrar notice of order adverse to advocate and solicitor 107. High Court may restore an advocate and solicitor 108. Costs for proceedings under this Part 109. If person enquired fails to attend 110. Publication and document presumed evidence of facts therein stated No action against Disciplinary Committee, etc., for act done 111. PART VIII REMUNERATION OF ADVOCATES AND SOLICITORS 112. No advocate and solicitor to purchase interest of client 113. The Solicitors Costs Committee 114. Advocate and solicitor may make agreement for remuneration from client 115. Advocate and solicitor entitled to costs of negotiation of mortgagor Contentious Business 116. Advocate and solicitor may enter agreement for costing contentious business 117. Costs recoverable from client by other person not attested 118. Enforcement to agreement Laws of Malaysia 10 ACT 166 Section 119. Any party may set aside agreement of deceased advocate and solicitor not performed 120. Where client changes counsel before agreement performed 121. Where remuneration of advocate and solicitor not subject of agreement PART IX RECOVERY AND TAXATION OF COSTS 122. Advocate and solicitor defined 123. Advocate and solicitor entitled to charge on property for costs 124. No advocate and solicitor to sue for costs until delivery of bill of cost 125. Power of court to authorize solicitor to commence action 126. An order for taxation of costs to be made within 6 months of delivery of bill of costs 127. The cost of obtaining an order for taxation 128. Order for taxation of advocate and solicitor's bill on notice given 129. Petition by party liable for a bill of costs 130. Order for delivery of solicitor's bill of costs by way of petition 131. Court may order advocate and solicitor to deliver copy of Bill to applicant 132. Bill of costs to follow Rules of court 133. Registrar may allow interest on money disbursed by counsel 134. Costs of order of taxation payable by solicitor 135. Certificate of taxing officer final 136. Right of Government to costs unaffected PART X MISCELLANEOUS 137. Board and Bar to maintain an office 138. Document to be served may be sent by post 139. Bar council or Malaysian Bar to recover sum of money 140. Fees to be prescribed by Rules Committee 141. Bank not bound to take notice of right against the account of advocate and solicitor 142. No estate duty payable for request to the Bar Legal Profession 11 PART XI TRANSITIONAL PROVISIONS Section 143. Definition 144. Nomination of members of Board 145. Registrar to transfer to the Roll the names of advocates and solicitors 146. Definition 147. Certificate issued under section 26 deemed practising certificate 148. Bar Council and Committee holding office at date of coming into force of this Act 149. Assets and property of Bar Council and Local Bar 150. Saving 151. Provisions of Advocates and Solicitors Ordinance to apply in respect of remuneration of advocates and solicitors until General Orders made under the Act PART XII REPEAL 152. Repeal SCHEDULE Laws of Malaysia 12 ACT 166 Legal Profession 13 LAWS OF MALAYSIA Act 166 LEGAL PROFESSION ACT 1976 An Act to consolidate the law relating to the legal profession in Malaysia. [Peninsular Malaysia--1 June 1977, P.U. (B) 327/77] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Legal Profession Act 1976. (2) The Minister may appoint different dates for the coming into operation of the different parts or provisions of this Act and different dates may be appointed for the coming into operation of this Act in Peninsular Malaysia, Sabah and Sarawak. Application 2.  This Act shall apply throughout Malaysia but shall only be made applicable to Sabah and Sarawak with such modifications as the Yang di-Pertuan Agong may by order make; and such Order shall be published in the Gazette. Laws of Malaysia 14 ACT 166 Interpretation In this Act unless the context otherwise requires-- 3. "advocate and solicitor", and "solicitor" where the context requires means an advocate and solicitor of the High Court admitted and enrolled under this Act or under any written law prior to the coming into operation of this Act; "articled clerk" has the meaning assigned to it in section 20; "Bahasa Malaysia Qualifying Examination" means an examination conducted by the Board or other persons appointed by the Board for that purpose; "Bar Council" and "Council" mean the central council of the Malaysian Bar established under section 47; " B a r Committee" means a Bar Committee elected under section 70; "the Board" means the Qualifying Board established under section 4; "client" includes-- (a) in relation to contentious business, any person who as a principal or on behalf of another person retains or employs, an advocate and solicitor, and any person who is or may be liable to pay a solicitor's costs; (b) in relation to non-contentious business, any person, who as a principal or on behalf of another, or as a trustee, executor or administrator, or in any other capacity, has power, express or implied, to retain or employ, and retains or employs, an advocate and solicitor, and any person for the time being liable to pay an advocate and solicitor for his service and costs; "Compensation Fund" and "the Fund" mean the fund maintained and administered in accordance with section 80; "contentious business" means business done by an advocate and solicitor, in or for the purpose of proceedings begun before a Court of justice, tribunal, board, commission, council, statutory body or an arbitrator; Legal Profession 15 "costs" includes fees, charges, disbursements, expenses and remuneration; "Court" means the High Court or a Judge thereof when sitting in open Court, and "Judge" means a Judge of the High Court sitting in Chambers; "legal officer" means a qualified person in the judicial and legal service; "Malaysian Bar" and "Bar" means the body corporate established under section 41; "the Ordinance" means the Advocates and Solicitors Ordinance, 1947 [M.U. 4 of 1947]; "pleader" means a pleader entitled to practise at the date of coming into operation of this Act; "practising certificate" means a certificate issued by the Registrar under section 29; "qualified person" means any person who-- (a) has passed the final examination leading to the degree of Bachelor of Laws of the University of Malaya, the University of Malaya in Singapore, the University of Singapore or the National University of Singapore; (b) is a barrister-at-law of England; or (c) is in possession of such other qualification as may by notification in the Gazette be declared by the Board to be sufficient to make a person a qualified person for the purposes of this Act; "Register of Practitioners" means the annual register kept by the Registrar under section 31; "Registrar" means the Registrar of the High Court and includes a Deputy Registrar, Senior Assistant Registrar and an Assistant Registrar; "Roll" means the Roll of advocates and solicitors of the High Court kept by the Registrar under section 28; Laws of Malaysia 16 ACT 166 "Rules Committee" means the Rules Committee constituted under any written law and empowered to make rules regulating the procedure in the High Court; "Sijil Annual" means the certificate issued by the Council under section 32; " S o l i c i t o r s Costs Committee" means the Solicitors Costs Committee constituted under section 113. PART II QUALIFYING BOARD Qualifying Board There is established a body to be called the Qualifying Board. 4. Functions of Board The Board shall have the following functions: 5. (a) to prescribe the qualifications required for the entry of any person into articles with a view to his admission as an advocate and solicitor; (b) to provide courses of instruction for, and to regulate the training and instruction of, articled clerks; (c) to provide for the examination of articled clerks wishing to become qualified persons; (d) to decide on the qualifications, if any, other than those set out in paragraphs (a) and (b) of the definition of "qualified person" in section 3, which may entitle a person to become a qualified person for the purposes of this Act; (e) to provide courses of instruction for, and for the examination of, persons whose qualifications are not sufficient to make them qualified persons for the purposes of this Act except after undergoing the courses and passing the examination; Legal Profession 17 (f) to provide for the management and conduct of the Bahasa Malaysia Qualifying Examination. General power of Board and power to make rules 6. (1) In addition to any other powers conferred by this Act the Board may make rules and do all things which are necessary and incidental in order to carry out into effect the objects of this Part and the functions of the Board. (2) Without prejudice to the generality of subsection (1) but subject to this Part, the Board may in particular make rules-- (a) for regulating the meetings and proceedings of the Board; (b) for the taking and retaining of articled clerks by principals and for the conduct, duties and responsibilities of the parties; (c) for regulating the manner in which articled clerks serve their period of articleship; (d) specifying the subjects in which articled clerks are required to be proficient in; (e) for the examination from time to time of articled clerks; (f) for the exemption of articled clerks from courses of instruction or from examination; (g) for the appointment of lecturers and examiners and for the payment of fees to them; (h) for the management and conduct of, and the exemption of certain categories of qualified persons and articled clerks from, the Bahasa Malaysia Qualifying Examination; (i) for prescribing the forms to be used and the fees to be paid under this Part. Membership of Board The Board shall consist of-- 7. (a) the Attorney General who shall be the Chairman; (b) two Judges nominated by the Chief Justice; Laws of Malaysia 18 ACT 166 (c) the Chairman of the Bar Council; and (d) a Dean of a Faculty of Law nominated by the Minister of Education. Election of acting Chairman 8. (1) The Chairman shall preside at meetings of the Board; and in the absence of the Chairman, the members of the Board present at the meeting shall elect an acting Chairman who shall have and exercise all the powers of the Chairman. (2) The Chief Registrar shall be the Secretary of the Board. (3) The Board shall appoint such officers as it considers necessary and shall have power to pay remuneration to its employees. Meetings of Board and quorum 9. (1) The Board shall meet at such times and such places as the Chairman may appoint. (2) The Board shall have power to fix a quorum for its meetings. (3) Each member of the Board shall have one vote and the Chairman of the meeting shall have a casting vote. Qualified Persons Admission of advocates and solicitors 10.  The High Court may at its discretion and subject to this Act admit as an advocate and solicitor of the High Court-- (a) any qualified person; and (b) any articled clerk who has complied with section 25: Provided that no person who is a qualified person by reason of his having passed the final examination for the degree or other q u a l i f i c a t i o n which makes him a qualified person under paragraph (a), (b) or (c) of the definition of "qualified person" in section 3 shall be admitted as an advocate and solicitor before the degree or other qualification has been conferred upon him. Legal Profession 19 Qualifications for admission 11. (1) Subject to section 14, a qualified person may be admitted as an advocate and solicitor if he-- (a) has attained the age of eighteen years; (b) is of good character; and (i) has not been convicted in Malaysia or elsewhere of a criminal offence as would render him unfit to be a member of his profession, and in particular, but n o t limited to, an offence involving fraud or dishonesty; (ii) has not been adjudicated bankrupt and has not been found guilty of any of the acts or omissions mentioned in paragraph 33(6)(a), (b), (c), (e), (f), (h), (k) or (l) of the Bankruptcy Act 1967 [Act 360]; (iii) has not done any other act which, if being a barrister or solicitor in England, would render him liable to be disbarred, disqualified or suspended from practice; or (iv) has not been, or is not liable to be, disbarred, disqualified or suspended in his capacity as a legal practitioner in any other country; (c) is either a Federal citizen or a permanent resident of Malaysia; (d) has satisfactorily served in Malaysia the prescribed period of pupillage for qualified persons. (2) As from the 1 January 1984, no qualified person shall be admitted as an advocate and solicitor unless, in addition to satisfying the requirements of subsection (1), he has passed or is exempted from the Bahasa Malaysia Qualifying Examination. Period of pupillage of qualified person 12. (1) For the purposes of this Part, a qualified person shall during his period of pupillage be known as a "pupil", and a person with whom a pupil serves his period of pupillage or any part thereof shall be known as a "master". Laws of Malaysia 20 ACT 166 (2) A qualified person shall, before he is admitted as an advocate and solicitor, serve a period of pupillage and, subject to this section and section 13, the prescribed period of pupillage shall be nine months. (3) No qualified person shall, without the special leave in writing of the Bar Council, hold any office or engage in any employment of any kind, whether full-time or otherwise, during his period of pupillage, but nothing in this subsection shall preclude a pupil from receiving remuneration from his master. Exemption from period and qualification for pupillage 13. (1) Subject to subsection (4) a pupil shall serve his period of pupillage with an advocate and solicitor who is and has been in active practice in Malaysia for a total period of not less than seven years immediately preceding the date of commencement of his pupillage: Provided that the Bar Council may on special grounds allow a pupil to serve his period of pupillage with an advocate and solicitor of less than seven years' standing. (2) The Bar Council may allow a qualified person to serve different parts of his period of pupillage with different masters. (3) The Bar Council may, in its sole discretion, exempt a qualified person from any period up to six months' pupillage upon application made to it supported by satisfactory evidence that-- (a) there are special circumstances justifying a shortening of the period of pupillage; or (b) the applicant has for a period of not less than six months been a pupil or read in the chambers of a legal practitioner in active private practice, in the Commomwealth, of more than seven years' standing: or (c) the applicant is an articled clerk in Malaysia; or (d) the applicant has been engaged in active practice as a legal practitioner by whatever name called in any part of the Commonwealth for a period of not less than six months. Legal Profession 21 (4) A qualified person who has served in the Judicial and Legal Service for seven years shall be exempted from serving any period of pupillage provided his application for admission as an advocate and solicitor is supported by a certificate from the Attorney General to the effect that he is a fit and proper person to be admitted as an advocate and solicitor. (5) The Bar Council may, in its sole discretion, upon an application made to it supported by satisfactory evidence in writing given by the Attorney General, exempt a qualified person who has served in the Judicial and Legal Service for at least three years from any period up to a maximum of six months' pupillage. Filing of admission petition and enquiries, etc. 14. (1) Upon any petition for admission and enrolment as an advocate and solicitor being filed, the Bar Council shall make or cause to be made full inquiries into the character of the petitioner and, upon such petition being set down for hearing, to forward to the Chief Justice a confidential report of the result of such inquiries. (2) All the State Bar Committees (if more than one) in the States in which a person applying to be admitted pursuant to section 15 has served his pupillage, shall upon the person's petition being set down for hearing make or cause to be made full inquiries into the character of the petitioner and the confidential report of the result of the inquiries shall be forwarded to the Chief Justice with such comments upon it as the Bar Council may consider necessary. (3) If any of the reports referred to in subsection (1) or subsection (2) is unfavourable to the petitioner the Chief Justice may, if he thinks fit, direct such report to be filed in Court and a copy thereof to be served on the petitioner and, subject to such directions as the Court may give, such report shall be taken into consideration on the hearing of the petition. (4) All reports and communications under this section shall be absolutely privileged. Petition for admission with affidavit 15. (1) This section shall apply to every person who proposes to apply to be admitted and enrolled as an advocate and solicitor. Laws of Malaysia 22 ACT 166 (2) An application for admission under this section shall be by a petition to the Court and verified by affidavit. (3) Every petitioner shall, not less than fourteen days before his petition is to be heard or such shorter period as the Court may allow, file an affidavit exhibiting-- (a) where applicable, true copies of any documentary evidence showing that he is a qualified person; (b) two recent certificates as to his good character; (c) a certificate of diligence from his master with whom he served his pupillage in cases where he is required to serve a period of pupillage, or in the absence of such certificate any other evidence as the Court may require s h o w i n g that he has served such pupillage with diligence; (d) where applicable, a certificate signed by the Secretary of the Board that the petitioner has attended the courses of instruction and passed the examinations, if any, required in his case under this Act; (e) where applicable, a certificate from his principal that he has satisfactorily served the appropriate period as an articled clerk; (f) true copies of any documentary evidence showing that he is either a Federal citizen or a permanent resident of Malaysia; and (g) true copies of any documentary evidence that he has passed or is exempted from the Bahasa Malaysia Qualifying Examination. (4) The petition, notice, affidavit and certificates referred to in this section shall be in the forms prescribed by the Board. (5) The petitioner shall file his petition at the Registrar's Office at the Central Registry accompanied by notices intimating that he has so petitioned; such notices shall be posted and continue to be posted at all the High Courts for three months before the petitioner is admitted and enrolled as an advocate and solicitor. Legal Profession 23 Filing of petition and objection 16. (1) A copy each of the petition and the affidavit required to be filed under section 15 together with the true copies of each document exhibited pursuant to that section shall, within seven days of the filing thereof in the Registrar's Office, and not less than ten days or such shorter period as the Court may allow before the date fixed for hearing the petition, be served on the Attorney General, the Bar Council and the State Bar Committee of the State in which the pupil has served any part of his period of pupillage. (2) If the Attorney General, the Bar Council or any State Bar Committee intends to object to any petition, there shall be served on the petitioner and filed in the Registrar's Office, not less than three clear days or any shorter period as the Court may allow before the date fixed for hearing the petition, a notice of objection which shall set out in brief terms the grounds of objection. (3) On a notice of objection being filed the petition shall be fixed for hearing within one month or as soon as may be before a Judge of the High Court. (4) The Attorney General, the Bar Council or the State Committee need not be represented at the hearing of any petition unless the Attorney General, the Bar Council or the State Bar Committee, as the case may be, intends to object to that petition, but no order shall be made upon any petition unless the Court is satisfied that the petition, affidavit and true copies of each document have been duly served as required by subsection (1). Entering of caveat against admission 17. (1) Any person may enter a caveat against the admission of any petitioner and upon such caveat being entered no application for the admission of the petitioner shall be heard unless a notice of hearing of not less than 3 clear days has been served on the person entering the caveat. (2) Every caveat under this section shall be entered in the Registrar's Office and shall contain the full name, occupation and address of the caveator, a brief statement of the grounds of his objection and an address for service. Laws of Malaysia 24 ACT 166 (3) If at any time after the admission and enrolment of any petitioner as an advocate and solicitor, it is shown to the satisfaction of the Court that any petition, affidavit, certificate or other document filed by a petitioner contains any statement which is false or misleading in substance or a suppression of any material fact the name of the petitioner may be removed from the Roll. (4) Where an advocate and solicitor has been removed from the Roll pursuant to subsection (3), the Registrar shall upon any further petition for admission made by the same person bring this fact to the notice of the Court and the Court shall, in the absence of special circumstances refuse to grant such further petition. Admission in special cases 18. (1) Notwithstanding anything contained in this Act, the Court may, for the purpose of any one case and subject to the following subsections, admit to practise as an advocate and solicitor any person who, if he was a citizen of, or a permanent resident in, Malaysia, would be eligible to be admitted as an advocate and solicitor of the High Court and no person shall be admitted to practise as an advocate and solicitor under this subsection unless-- (a) for the purpose of that particular case he has, in the opinion of the Court, special qualifications or experience of a nature not available amongst advocates and solicitors in Malaysia; and (b) he has been instructed by an advocate and solicitor in Malaysia. (2) Any person applying to be admitted under this section shall do so by originating motion verified by his own affidavit, or that of the advocate and solicitor instructing him, stating the names of the parties and the brief particulars of the cause or matter in which the applicant intends to appear, and exhibiting in the affidavit the consent of the applicant to appear in the cause or matter; the originating motion and affidavit shall be served on the Attorney General, the Secretary of the Bar Council and of the State Bar Committee in the State where such cause or matter is to be heard and the other party to the cause or matter; at the time of such service the applicant shall pay one hundred ringgit each to the Secretary of the Bar Council and of the State Bar Committee to cover their costs incurred in the application. Legal Profession 25 (3) Before admitting a person under this section the Court shall have regard to the views of each of the persons served with the application. (4) The Registrar shall on payment of the prescribed fee, issue to every person admitted under this section a certificate to practice specifying in it the causes or matters in which he is permitted to appear; and any person to whom a certificate to practise has been issued under this subsection shall for the purpose of his employment in such causes or matters be deemed to be a person to whom a certificate to practise has been issued under section 29. (5) The Registrar shall not enter upon the Roll but shall keep a separate roll for the names of persons admitted under this section. (6) In this section the words "cause or matter" include any interlocutory or appeal proceedings connected with any cause or matter. Right of appeal by objectors 19.  The petitioner under section 15 and the applicant under section 18 and any one or more of the following namely--the Attorney General, the Board, the Secretary of the Bar Council or the Secretary of any State Bar Committee objecting to any petition or to the making of any order on an originating motion pursuant to section 18 shall have a right of appeal to the Supreme Court: Provided that a Judge who have made the order appealed from shall not be a member of the Federal Court. Articled Clerks Qualification for articled clerks 20. (1) Except as authorized by this Act and any rules made by the Board no person shall enter into articles with a view to his admission as an advocate and solicitor unless he-- (a) has attained the age of seventeen years; (b) is of good character; and (c) has the necessary educational qualifications as may be prescribed by the Board. Laws of Malaysia 26 ACT 166 (2) For the purposes of this Part, a person who has entered into articles with an advocate and solicitor shall be known as an "articled clerk" and an advocate and solicitor who takes an articled clerk shall be known as a "principal". Conditions to be a principal and discharge of clerk 21. (1) No advocate and solicitor shall, without the special leave in writing of the Board, qualify as a principal unless he has been in active practice as an advocate and solicitor in Malaysia for a period of not less than seven years immediately preceding the commencement of the articles and is in active practice. (2) No principal shall have more than two articled clerks at the same time. (3) No principal shall take or retain any articled clerk after he has ceased from active practice as an advocate and solicitor in Malaysia or while the articled clerk is employed by another advocate and solicitor. (4) If any advocate and solicitor takes an articled clerk in contravention of this section the Board may of its own motion discharge the articles of the articled clerk upon such terms, including terms as to return of any premium, as the Board thinks fair and reasonable. Discharge of clerk for unfitness 22.  If any allegation is made to the Board as to the unfitness of an articled clerk to be an advocate and solicitor, and the Board, after inquiring into that allegation is satisfied that the articled clerk is unfit to be an advocate and solicitor, the Board may of its own motion discharge the articles of that articled clerk upon such terms, including terms as to return of any premium, as the Board thinks fair and reasonable. Discharge of clerk generally 23.  If the Board is satisfied on application made either by a principal or an articled clerk that the articles ought to be discharged, the Board may discharge the articles upon such terms, including terms as to return of any premium, as the Board thinks fair and reasonable. Legal Profession 27 Period of articles and condition of articles 24. (1) The period of articles for an articled clerk who is a graduate of a University recognized by the Board for the purpose of this section shall be three years. (2) The period of articles for every other person shall be five years. (3) No articled clerk shall, without the special leave in writing of the Bar Council, hold any office or engage in any employment of any kind, whether full time or otherwise, during his articles but nothing in this subsection shall preclude an articled clerk from receiving remuneration from his principal. Condition of admission of articled clerk 25. (1) Subject to sections 22 and 23 and any rules made by the Board no articled clerk shall be admitted and enrolled as an advocate and solicitor unless he-- (a) has satisfactorily served the prescribed period of articles; (b) has attended such courses of instruction as may generally or specially be prescribed by the Board; and (c) has passed such examination as may be prescribed by the Board. (2) As from the 1 January 1984, no articled clerk shall be admitted and enrolled as an advocate and solicitor unless, in addition to satisfying the requirements of subsection (1), he has passed or is exempted from the Bahasa Malaysia Qualifying Examination. Reviews Appeal from the decision of Board to Judge 26. (1) Any person dissatisfied with any decision of the Board may apply to a Judge for a review of the decision. (2) If the Board fails to determine any request within six weeks after it has been first submitted to it, the applicant may apply under this section as if the request had been determined adversely to him. Laws of Malaysia 28 ACT 166 (3) Every application under this section shall be made by summons in chambers on the petition of the appellant if he has filed a petition, otherwise by originating summons; the Judge hearing the application may in his discretion adjourn the application into open Court. (4) Every summons in chambers or originating summons, as the case may be, shall be supported by evidence on affidavit and shall be served together with the affidavit on the Board; such summons in chambers or originating summons shall not be heard before the expiry of twelve days after the date of service on the Board. (5) At or before the hearing of the application the Board may submit to the Judge a confidential report on the applicant; such report shall not be filed in Court but a copy thereof shall be furnished to the applicant. (6) A confidential report under this section shall be privileged. (7) At the hearing the Judge may dismiss the application or make any order under this Act as he considers fair and reasonable. (8) A Judge who is a member of the Board shall not hear any application under this section. Hearing of Petitions and the Roll Hearing by Judge, a member of Board 27.  A Judge who is a member of the Board shall not hear any petition for admission. Roll of advocates and solicitors 28. (1) The Registrar shall keep a Roll of advocates and solicitors with the dates of their respective admission. (2) The name, with the date of admission, of every person admitted shall be entered upon the Roll in the order of admission. (3) Every person admitted as an advocate and solicitor shall pay the prescribed fee and the Registrar shall deliver to him an instrument of admission signed by the Chief Justice or the Judge who admitted the petitioner. Legal Profession 29 (4) This section shall not apply to persons admitted under section 18. (5) The Roll shall be open to inspection without payment by any person during office hours. *PART IIA SPECIAL PROVISIONS RELATING TO ADMISSION OF ADVOCATES AND SOLICITORS Attorney General's power to issue Special Admission Certificates 28A. (1) The Attorney General may issue a special certificate for admission as an advocate and solicitor of the High Court (hereinafter referred to as a "Special Admission Certificate") to any person who, in his opinion, satisfies the following requirements: (a) (i) is a qualified person; or (ii) is not a qualified person, but is in possession of a qualification which renders him eligible to practise as a barrister, or as a solicitor, or as an advocate and solicitor, or otherwise as a legal practitioner by whatever name called, or to be employed in a legal or judicial capacity in the service of any government, in any country, or in a part or division of any country, or in any territory or place, outside Malaysia; and (b) has been practising as a barrister, or as a solicitor, or as an advocate and solicitor, or otherwise as a legal practitioner by whatever name called, or has been employed in a legal or judicial capacity by any government or by any authority, organization or body, constituted under any law, or has been sometimes so practising or sometimes so employed, wholly or partly within Malaysia or wholly or partly outside Malaysia, for a period of, or for periods which amount in the aggregate to, not less than seven years. (2) Where the Attorney General issues a Special Admission Certificate he shall specify therein the period for which the person issued with such Certificate shall be admitted as an advocate and solicitor. *NOTE--This Part come into force on 1 February 1999­see P.U. (B) 33/1999. Laws of Malaysia 30 ACT 166 (3) A Special Admission Certificate shall be conclusive evidence that the requirements of paragraphs (1)(a) and (b) have been satisfied, and the validity of such Certificate shall not be reviewed or called in question in any court. (4) In subsection (1)-- "government" includes-- (i) the Government of Malaysia; (ii) the Government of any State in Malaysia; and (iii) the government of any country, or of a part or division of any country, or of any territory or place, outside Malaysia; and "law" includes-- (i) written law as defined in section 3 of the Interpretation Acts 1948 and 1967 [Act 388]; and (ii) the law of any country, or of a part or division of any country, or of any territory or place, outside Malaysia. Admission and enrolment as an advocate and solicitor of a person issued with a Special Admission Certificate 28B. (1) A person issued with a Special Admission Certificate may apply by ex-parte originating summons to a Judge of the High Court in Chambers to be admitted as an advocate and solicitor of the High Court. (2) A Judge hearing an application under subsection (1) shall, upon being satisfied as to the genuineness of the Special Admission Certificate and the identity of the applicant, admit the applicant as an advocate and solicitor of the High Court for the period specified in the Certificate; and a person so admitted as an advocate and solicitor shall be enrolled and given an instrument of admission under section 28. (3) The admission and enrolment of a person as an advocate and solicitor under subsection (2) shall not be reviewed or called in question in any court. Legal Profession 31 (4) An advocate and solicitor admitted under subsection (2) shall be entitled to renew his admission from time to time upon presenting to the Registrar within a period of two months before the expiry of the period of admission or renewed admission, as the case may be, a Certificate of Renewal issued by the Attorney General at the discretion of the Attorney General: Provided that, with the leave of the Attorney General in writing, the Certificate of Renewal may be presented to the Registrar at any time after the expiry of the period of admission or renewed admission, as the case may be. (5) A Certificate of Renewal issued under subsection (4) shall be for renewal of the admission or the renewed admission, as the case may be, for such period as may be specified in such Certificate, and the renewal under subsection (4) shall accordingly be for the period so specified. (6) The validity of a Certificate of Renewal issued under subsection (4) shall not be reviewed or called in question in any court. (7) Sections 10 to 19, both inclusive, shall not apply to the admission of a person as an advocate and solicitor under this Part, or to the renewal of the admission or the renewed admission, as the case may be, of such advocate and solicitor. Provisions as to Sijil Annual not to apply to an advocate and solicitor admitted under this Part 28C.  Sections 32 and 33, or any other provision of this Act relating to a Sijil Annual, shall not apply to an advocate and solicitor admitted under this Part. Power of Attorney General to make orders 28D.  The Attorney General may, by order published in the Gazette, make such provision as he may deem necessary or expedient for giving effect to this Part or carrying out its purposes, and without prejudice to the generality of the foregoing, an order made under this section may provide for-- (a) any supplemental, incidental or consequential matters in relation to this Part; and Laws of Malaysia 32 ACT 166 (b) the removal of any difficulty or anomaly whatsoever in any provision of this Act or in any other written law, or otherwise, that may be occasioned by any provision or provisions in this Part. Provisions of this Part to prevail 28E.  This Part or of any order made under this Part shall have effect notwithstanding anything to the contrary or inconsistent therewith contained in any provision of this Act other than this Part, or in any other written law, and this Act (other than this Part) or of any other written law shall be read-- (a) mutatis mutandis with this Part and of any order made under this Part; and (b) with all such modifications, adaptations, alterations or changes whatsoever as may be necessary to have the same to accord with this Part and of any order made under this Part. PART III PRACTISING CERTIFICATES Advocate and solicitor to make declaration yearly 29. (1) Every advocate and solicitor shall in each year before he does any act in the capacity of an advocate and solicitor deliver or cause to be delivered to the Registrar: (a) a declaration in writing stating-- (i) his full name; (ii) the name under which he practises or the name of the advocates and solicitors or firm of advocates and solicitors employing him; and (iii) the principal and any other address or addresses at which he practises in Malaysia; (b) the last Sijil Annual or a true copy thereof, if any, issued to him by the Bar Council; and (c) the prescribed fee, and the Registrar shall on being satisfied that all the necessary documents are in order and that the firm name under which the Legal Profession 33 advocate and solicitor is practising is on the register maintained under section 85 (1) issue to the advocate and solicitor a practising certificate. (2) Subject to subsection (3), every practising certificate shall be signed by the Registrar and shall be valid from the date of issue to the end of the year: Provided that-- (a) where the name of an advocate and solicitor is removed from, or struck off, the Roll the practising certificate, if any, of that advocate and solicitor shall expire forthwith and the date of such expiration shall be entered by the Registrar on the Register of Practitioners; (b) where an advocate and solicitor is adjudicated bankrupt or a receiving order is made against him, the practising certificate, if any, of that advocate and solicitor shall be suspended forthwith, until the consent of the Bar Council to reinstate it is obtained. (3) Where an advocate and solicitor has duly complied with subsection (1) in the month of January of any year, the practising certificate issued to him in respect of that year shall be deemed to have been in operation from the 1st day of January of that year. (4) In this section the word "year" shall mean the period from the 1 January in any calendar year to the 31 December in the same calendar year. Disqualification for practising certificate 30. (1) No advocate and solicitor shall apply for a practising certificate-- (a) unless he is practising or intends to practice either on his own account or in partnership in Malaysia; or (b) unless he is or is about to be employed full time in his practice in Malaysia by an advocate and solicitor or a firm of advocates and solicitors in practice in Malaysia; or Laws of Malaysia 34 ACT 166 (c) if he is gainfully employed by any other person, firm or body in a capacity other than as an advocate and solicitor. (2) For the purpose of this section a qualified person shall not be construed as being gainfully employed if he is serving in the Judicial and Legal Service. (3) Any qualified person who is gainfully employed in accordance with paragraph (1)(c) shall surrender his practising certificate to the Registrar. Register of Practitioners 31. (1) Upon the issue of every practising certificate the Registrar shall cause to be entered in an annual register known as the Register of Practitioners, the particulars contained in the declaration delivered under paragraph 29(1)(a), and any person may inspect the Register of Practitioners during office hours without payment. (2) If there is any change with respect to any advocate and solicitor in the particulars referred to in subsection (1) that advocate and solicitor shall within one month thereafter notify the Registrar and the Bar Council, and the Registrar shall thereupon cause the entry to be made in respect of that advocate and solicitor in the Register of Practitioners. Issue of Sijil Annual 32. (1) Subject to this section and sections 33 and 34, the Bar Council shall at any time after the month of June in the preceding year issue a Sijil Annual to an advocate and solicitor within twenty- one days of the receipt of an application under subsection (2) if-- (a) the Bar Council is satisfied that the application complies with that subsection and any rules made under this section; (b) the Bar Council is satisfied that the applicant is not prohibited from holding a practising certificate under section 30; (c) the advocate and solicitor has delivered or is exempted from delivering an accountant's report in accordance with section 79; Legal Profession 35 (d) the advocate and solicitor is not in arrears in respect of any contribution to the Compensation Fund, or of any subscription or levy lawfully due to the Bar Council or his State Bar Committee under this Act; and (e) the advocate and solicitor intends to practise under an approved name. (2) An application by an advocate and solicitor for a Sijil AnnuaI shall be made in such form or forms as may be prescribed by and in accordance with rules made under this section and shall be accompanied by appropriate certificates showing that paragraph (1)(d) has been complied with. (3) Disciplinary proceedings may be taken against any advocate and solicitor if in, or in relation to, an application under this section he makes a false statement material to the application. (4) Subject to this Act, the Bar Council may make rules regulating the issue of Sijil Annual. (5) Any rules made by the Bar Council under this section shall be signed by the Chairman of the Bar Council. Issue of Sijil Annual in certain conditions 33. (1) Subsection (2) shall have effect with respect to an application for a Sijil Annual made by an advocate and a solicitor-- (a) after more than twelve months have elapsed since his admission and where he has held no valid practising certificate during that period; (b) who has held a practising certificate subject to terms and conditions at any time in the three years immediately preceding his application; (c) after more than twelve months have elapsed since he held a valid practising certificate; (d) after the *Disciplinary Committee has ordered a penalty or costs to be paid by him; *NOTE--Any reference to the term of "Disciplinary Committee" or "Inquiry Committee" in this Act before it is amended in 1992 by Act A812 must be construed as a reference to the term "Disciplinary Board" pursuant to the amendment--see Legal Profession (Amendment) Act 1992 [Act A812] s.2(2). Laws of Malaysia 36 ACT 166 (e) when having been suspended from practice or having had his name removed from the Roll or struck off the Roll the period of suspension has expired or his name has been restored to the Roll, as the case may be; (f) whilst he is an undischarged bankrupt or a receiving