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Legal Profession Act 1976- Part 1

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166

Incorporating all amendments up to 4 June 2014

Date of Royal Assent ... ... ... ... ...

6 March 1976

Date of publication in the Gazette ... ... ...

11 March 1976

Date of coming into operation ... ...

Peninsular Malaysia -- 1 June 1977

 

ACT 166 
LEGAL PROFESSION ACT 1976 
(
Click here to see Annotated Statutes of this Act)

Part I PRELIMINARY

SECTION

1.Short title and commencement

2.Application

3.Interpretation

Part II LEGAL PROFESSION QUALIFYING BOARD

SECTION

4.Legal Profession 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

Part II LEGAL PROFESSION QUALIFYING BOARD

Qualified Persons

SECTION

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

14.Filing of admission petition and enquiries,etc.

15.Petition for admission with affidavit

16.Filing of petition and objection

17.Entering of caveat against admission

18.Admission in special cases

19.Right of appeal by objectors

Part II LEGAL PROFESSION QUALIFYING BOARD

Articled Clerks

SECTION

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

Part II LEGAL PROFESSION QUALIFYING BOARD

 Reviews

SECTION

26.Appeal from the decision of Board to Judge

Part II LEGAL PROFESSION QUALIFYING BOARD

Hearing of Petitions and the Roll

SECTION

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

SECTION

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

Part III 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

SECTION

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

37A.Sections 36 and 37 not to apply to arbitral proceedings

38.Certain persons can act as advocate and solicitor

39.Instrument and document to be endorsed

40.No cost payable to unauthorized person

Part IVA INTERNATIONAL PARTNERSHIPS, QUALIFIED FOREIGN LAW FIRMS AND REGISTRATION OF FOREIGN LAWYERS

40A.Interpretation

40B.Licence required for foreign law firm

40C.Selection Committee

40D.Alternate members

40E.Meetings of the Selection Committee

40F.International partnership

40G.Qualified foreign law firm

40H.Employment of a foreign lawyer by a Malaysian law firm

40I.Suspension or revocation of licence

40J.Registration of a foreign lawyer to practise in an international partnership, a qualified foreign law firm or a Malaysian law firm

40K.Suspension or revocation of registration

40L.Professional conduct, ethics and accounts

40M.Disciplinary authority

40N.Power to require documents, etc.

40O.Power to make rules

Part V MALAYSIAN BAR

SECTION

41.Establishment of Malaysian Bar

42.Object and powers of the Bar

Members of the Malaysian Bar and Subscriptions

SECTION

43.Advocate and solicitors members of the Bar

44.Eligibility of a member

45.Disqualification of a member

46.Annual subscription

Part V MALAYSIAN BAR

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 thereof

Part V MALAYSIAN BAR

The Bar Council

SECTION

47.Establishment of Bar Council

48.Period of holding office

Part V MALAYSIAN BAR

Election of Members of the Bar Council

SECTION

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

Part V MALAYSIAN BAR

Officers

SECTION

54.President, Vice-President and Secretary of the Bar

55.When a member of the Council to vacate office

Part V MALAYSIAN BAR

Powers of the Council

SECTION

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

Part V MALAYSIAN BAR

Proceedings of the Bar Council

SECTION

62.Meeting of the Council

63.Expenses of Members

Part V MALAYSIAN BAR

General Meeting of the Malaysian Bar

SECTION

64.(Deleted )

65.Extraordinary General Meetings

66.Voting

67.(Deleted )

Part V MALAYSIAN BAR

State Bar Committee

SECTION

68.Combined Bar-State Bar Committee

69.Combination of members as State Bar

70.Annual general meeting of State Bar

70A.Extraordinary General Meeting of State Bar

71.Severance of combined Bar

72.Meeting of the State Bar Committee

73.Powers of the State Bar Committee

74.Fees not allowed to State Bar Committee

75.Casual vacancy

Part V MALAYSIAN BAR

General

SECTION

76.Names of members of the Bar Council, etc., to be published and confidentiality of deliberations

Part VI PROFESSIONAL PRACTICE, ETIQUETTE, CONDUCT AND DISCIPLINE OF ADVOCATE AND SOLICITOR AND CLERKS

SECTION

77.Power to make rules regulating practice,etc.

78.Power to make particular rules

78A.Power to make rules on professional indemnity

79.Advocate and solicitor to deliver accountant's report

Part VI PROFESSIONAL PRACTICE, ETIQUETTE, CONDUCT AND DISCIPLINE OF ADVOCATE AND SOLICITOR AND CLERKS

Compensation Fund

SECTION

80.Compensation Fund

81.Advocate and solicitor shall not act as commissioner or notary without certificate

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 for 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

Part VI PROFESSIONAL PRACTICE, ETIQUETTE, CONDUCT AND DISCIPLINE OF ADVOCATE AND SOLICITOR AND CLERKS

Control of Property

SECTION

88.Guilty advocate and solicitor, etc.

88A.Suspension of advocate and solicitor

89.Taking of possession 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 solicitors' client

92A.Interpretation of "advocate and solicitor" in certain provisions

Part VII DISCIPLINARY PROCEEDINGS

SECTION

93.Disciplinary Board

94.Power of Disciplinary Board to strike off the Roll, suspend for misconduct, etc.

95.Disciplinary Committee Panel

96.Appointment of Disciplinary Committee Panel

97.(Deleted)

98.Director and staff of the Complaints Secretariat

99.Complaint against advocate and solicitor or pupil

100.Inquiry into application or complaint

101.(Deleted)

102.(Deleted)

103.Effect of Disciplinary Board's order of fine or restitution

103A.Appointment of Disciplinary Committee

103B.Investigation by the Disciplinary Committee

103C.Findings of the Disciplinary Committee

103D.Consideration by the Disciplinary Board of the report of the Disciplinary Committee

103E.Appeal from the decision of the Disciplinary Board

103EA.Objection from any decision, etc., other than final order or decision made by the disciplinary board

103EB.Costs against frivolous or vexatious application or complaint

103F.Power to make rules

103G.(Deleted)

103H.Establishment of Discipline Fund

103I.Payment of fees, fine, costs, etc., into Discipline Fund

103J.Power to make rules

104.(Deleted)

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 inquired fails to attend

110.Publication and document presumed evidence of facts therein stated

111.No action against Disciplinary Committee, etc.,for act done

Part VIII REMUNERATION OF ADVOCATES AND SOLICITORS

SECTION

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

Part VIII REMUNERATION OF ADVOCATES AND SOLICITORS

Contentious Business

SECTION

116.Advocate and solicitor may enter agreement for costing contentious business

117.Costs recoverable from client by other person not attested

118.Enforcement of agreements

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

SECTION

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

SECTION

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 bequest to the Bar

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

SECTION

152.Repeal

SCHEDULE

An Act to consolidate the law relating to the legal profession in Malaysia.

NOTE--References to "West Malaysia" shall be construed as "Peninsular Malaysia"--See subsection 5(2) of the Interpretation (Amendment) Act 1997 [Act A996].[Peninsular Malaysia--1 June 1977, P.U.(B) 327/1977]

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:

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/1.Short title and commencement

Part I PRELIMINARY

1. Short title and commencement

(1) This Act may be cited as the Legal Profession Act 1976 and shall come into operation on such date or dates as the Minister may, by notification in the Gazette, appoint.

(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 West Malaysia, * Sabah and Sarawak.

NOTE -- The Act came into force in West Malaysia on 1 June 1977 vide P.U.(B) 327/1977 but has not been extended to Sabah and Sarawak.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/2.Application

2. Application

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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/3.Interpretation

3. Interpretation

In this Act, unless the context otherwise requires--

"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;

"Bar Committee"

means a Bar Committee elected under section 70;

"the Board"

means the Legal Profession 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;

"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;

"Faculty of Law"

means the Faculty of Law of a University established under the Universities and University Colleges Act 1971 [Act 30], the Faculty of Law of the Universiti Teknologi MARA established under the Universiti Teknologi MARA Act 1976 [Act 173] and the Kuliyyah of Law of the International Islamic University of Malaysia established pursuant to the Companies Act 1965 [Act 125];

"legal officer"

means a qualified person in the judicial and legal service;

"Malaysian Bar" and "Bar"

mean the body corporate established under section 41;

"Minister"

means the Minister responsible for law;

"the Ordinance"

means the Advocates and Solicitors Ordinance 1947 [M.U. No. 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;

"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;

"Solicitors Costs Committee"

means the Solicitors Costs Committee constituted under section 113.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/4.Legal Profession Qualifying Board

Part II LEGAL PROFESSION QUALIFYING BOARD

4. Legal Profession Qualifying Board

There is established a body to be called Legal Profession Qualifying Board.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/5.Functions of Board

5. Functions of Board

The Board shall have the following functions:

(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 paragraphs (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; 

(f) to provide for the management and conduct of the Bahasa Malaysia Qualifying Examination. 

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/6.General power of Board and power to make rules

6. General power of Board and power to make rules

(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. 

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/7.Membership of Board

7. Membership of Board

The Board shall consist of--

(a) the Attorney General who shall be the Chairman; 

(b) two Judges nominated by the Chief Justice; 

(c) the Chairman of the Bar Council; and 

(d) a full-time member of the academic staff of a Faculty of Law nominated by the Minister of Higher Education. 

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/8.Election of acting Chairman

8. Election of acting Chairman

(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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/9.Meetings of Board and quorum

9. Meetings of Board and quorum

(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 where there is an equality of votes, the Chairman of the meeting shall have a casting vote.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/10.Admission of advocates and solicitors

Part II LEGAL PROFESSION QUALIFYING BOARD

Qualified Persons

10. Admission of advocates and solicitors

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 qualification 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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/11.Qualifications for admission

11. Qualifications for admission

(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 not limited to, an offence involving fraud or dishonesty; 

(ii) has not been 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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/12.Period of pupillage of qualified person

12. Period of pupillage of qualified person

(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".

(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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/13.Exemption from period and qualification for pupillage

13. Exemption from period and qualification for pupillage

(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 Commonwealth, 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. 

(4) A qualified person who has served in the Judicial and Legal Service for at least one year 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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/14.Filing of admission petition and enquiries,etc.

14. Filing of admission petition and enquiries,etc.

(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 Judge 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 section15 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 Judge 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 Judge 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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/15.Petition for admission with affidavit

15. Petition for admission with affidavit

(1) This section shall apply to every person who proposes to apply to be admitted and enrolled as an advocate and solicitor.

(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 showing 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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/16.Filing of petition and objection

16. Filing of petition and objection

(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 Bar 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).

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/17.Entering of caveat against admission

17. Entering of caveat against admission

(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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/18.Admission in special cases

18. Admission in special cases

(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 or affidavits 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 or parties 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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/19.Right of appeal by objectors

19. Right of appeal by objectors

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 Federal Court:

Provided that a Judge who have made the order appealed from shall not be a member of the Federal Court.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/20.Qualification for articled clerks

Part II LEGAL PROFESSION QUALIFYING BOARD

Articled Clerks

20. Qualification for articled clerks

(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. 

(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".

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/21.Conditions to be a principal and discharge of clerk

21. Conditions to be a principal and discharge of clerk

(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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/22.Discharge of clerk for unfitness

22. Discharge of clerk for unfitness

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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/23.Discharge of clerk generally

23. Discharge of clerk generally

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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/24.Period of articles and condition of articles

24. Period of articles and condition of articles

(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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/25.Condition of admission of articled clerk

25. Condition of admission of articled clerk

(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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/26.Appeal from the decision of Board to Judge

Part II LEGAL PROFESSION QUALIFYING BOARD

 Reviews

26. Appeal from the decision of Board to Judge

(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.

(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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/27.Hearing by Judge, a member of Board

Part II LEGAL PROFESSION QUALIFYING BOARD

Hearing of Petitions and the Roll

27. Hearing by Judge, a member of Board

A Judge who is a member of the Board shall not hear any petition for admission.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/28.Roll of advocates and solicitors

28. Roll of advocates and solicitors

(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 Judge or the Judge who admitted the petitioner.

(4) This section shall not apply to persons admitted under section18.

(5) The Roll shall be open to inspection without payment by any person during office hours.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/28A.Attorney General's power to issue Special Admission Certificates

Part IIA SPECIAL PROVISIONS RELATING TO ADMISSION OF ADVOCATES AND SOLICITORS

28A. Attorney General's power to issue Special Admission Certificates

(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.

(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 Act 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. 

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/28B.Admission and enrolment as an advocate and solicitor of a person issued with a Special Admission Certificate

28B. Admission and enrolment as an advocate and solicitor of a person issued with a Special Admission Certificate

(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.

(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) The provisions of 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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/28C.Provisions as to Sijil Annual not to apply to an advocate and solicitor admitted under this Part

28C. Provisions as to Sijil Annual not to apply to an advocate and solicitor admitted under this Part

The provisions of 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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/28D.Power of Attorney General to make orders

28D. Power of Attorney General to make orders

The Attorney General may, by order published in the Gazette, make such provision as he may deem necessary or expedient for giving effect to the provisions of 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; 

(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. 

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/28E.Provisions of this Part to prevail

28E. Provisions of this Part to prevail

The provisions of 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 the provisions of this Act (other than this Part) or of any other written law shall be read--

(a) mutatis mutandis with the provisions of 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 the provisions of this Part and of any order made under this Part. 

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/29.Advocate and solicitor to make declaration yearly

Part III PRACTISING CERTIFICATES

29. Advocate and solicitor to make declaration yearly

(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 advocate and solicitor is practising is on the register maintained under subsection 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 the provisions of 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 1st day of January in any calendar year to the 31st day of December in the same calendar year.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/30.Disqualification for practising certificate

30. Disqualification for practising certificate

(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 

(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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/31.Register of Practitioners

31. Register of Practitioners

(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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/32.Issue of Sijil Annual

32. Issue of Sijil Annual

(1) Subject to this section and sections33 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 section30; 

(c) the advocate and solicitor has delivered or is exempted from delivering an accountant's report in accordance with section 79; 

(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 Annual 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.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/33.Issue of Sijil Annual in certain conditions

33. Issue of Sijil Annual in certain conditions

(1) Subsection (2) shall have effect with respect to an application for a Sijil Annual made by an advocate and 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; 

(e) when having been suspended from practice or having had his name repension 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 order in bankruptcy is in force against him; 

(g) after having been adjudicated a bankrupt and obtained his discharge or after having entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors; 

(h) after having had an order or committal or an order for the issue of a writ of attachment made against him. 

(2) In any of the circumstances mentioned in subsection(1), the applicant shall, unless a Judge or the Bar Council otherwise orders, give to the Bar Council not less than four weeks before his application for a Sijil Annual notice of his intention to apply therefor and the Bar Council may in its discretion--

(a) issue a Sijil Annual; or 

(b) notify the applicant that he is required to make an application under section 34. 

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/34.Applicant to apply to Court

34. Applicant to apply to Court

(1) An advocate and solicitor who is required to make an application under this section or any advocate and solicitor who is dissatisfied with the refusal, neglect or delay in the issue to him of a Sijil Annual may apply to a Judge by originating summons for an order directing the Bar Council to issue him with a Sijil Annual.

(2) A Judge hearing an application under this section may make an order for the payment of costs by or to either the Bar Council or the applicant as he considers fair and reasonable.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/35.Right of advocate and solicitor

Part IV PRIVILEGES OF ADVOCATES AND SOLICITORS

35. Right of advocate and solicitor

(1) Any advocate and solicitor shall, subject to this Act and any other written law, have the exclusive right to appear and plead in all Courts of Justice in Malaysia according to the law in force in those Courts; and as between themselves shall have the same rights and privileges without differentiation.

(2) Nothing herein contained shall affect the right which is hereby declared of--

(a) legal officers, whose duties so require them to do, and qualified persons appointed temporarily to perform the duties of legal officers to appear and plead on behalf of the Government in the Courts; 

(b) officers of the Public Trust Corporation, the Director General of Insolvency, Deputy Director General of Insolvency, Directors of Insolvency, Deputy Directors of Insolvency, Senior Assistant Directors of Insolvency, Assistant Directors of Insolvency and Insolvency Officers to appear and plead in the courts under any written law relating to such offices; 

(ba) the Director General of Legal Aid or any person appointed to assist the Director General of Legal Aid under section 3 of the Legal Aid Act 1971 [Act 26] acting in the course of his duty; and 

(c) existing pleaders. 

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/36.Advocate and solicitor to have name on the Roll before practice

36. Advocate and solicitor to have name on the Roll before practice

(1) Subject to this section, no person shall practise as an advocate and solicitor or do any act as an advocate and solicitor unless his name is on the Roll and he has a valid practising certificate authorizing him to do the act; a person who is not so qualified is in this Act referred to as an "unauthorized person".

(2) A Judge may, upon application made in Chambers by a Master at the commencement of the pupillage of the Master's pupil, make an order that the pupil be permitted to appear on behalf of the Master or of the firm in which the Master is practising--

(a) during the period of three months from the date of the order-- 

(i) before a Judge or a Registrar of the High Court, in Chambers; 

(ii) before a Sessions Court Judge or a Magistrate, in Chambers; 

(iii) before a Registrar of the Subordinate Courts, to mention a case, including entering judgment in default, or to apply for bail or to take a consent judgment or order; and

(b) at the expiration of the said period of three months in chambers in the High Court and in the Subordinate Courts and before any Magistrate, to conduct any cause or matter. 

(3) The Judge shall make the order referred to in subsection(2) if he thinks it fair and reasonable to do so provided always that both the Bar Council and the State Bar Committee have been served with the application and have had an opportunity to be heard on the application.

(4) The period of pupillage shall commence on the date of the filing of the petition referred to in subsection 15(5).

(5) The Master of the pupil, the Bar Council or the State Bar Committee may apply at any time during the pupillage of any pupil to any Judge in Chambers for a variation or rescission of the order referred to in subsection (2) and the Judge shall make such order on such application as in all the circumstances seems to be in the best interest of the profession.

(6) Nothing in this section shall be construed to prevent a legal officer from performing any of his duties without holding a practising certificate or make a legal officer who has no valid practising certificate an unauthorized person.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/37.No unauthorized person to act as advocate and solicitor

37. No unauthorized person to act as advocate and solicitor

(1) Any unauthorized person who--

(a) acts as an advocate and solicitor or an agent for any party to proceedings or in any capacity, other than as a party to an action in which he is himself a party, sues out any writ, summons or process, or commences, carries on, solicits or defends any action, suit or other proceedings in the name of any other person in any of the Courts in Malaysia or draws or prepares any instrument relating to any proceedings in any such Courts; or 

(b) wilfully or falsely pretends to be, or takes or uses any name, title, addition or description implying that he is duly qualified or authorized to act as an advocate and solicitor, or that he is recognized by law as so qualified or authorized, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand five hundred ringgit or to imprisonment for a term not exceeding six months or to both.

(2) Without prejudice to the generality of subsection (1) any unauthorized person who either directly or indirectly--

(a) draws or prepares any document or instrument relating to any immovable property or to any legal proceedings or to any trust; or 

(b) takes instructions for or draws or prepares any document on which to found or oppose a grant of probate or letters of administration; or 

(c) draws or prepares any document or instrument relating to the incorporation or formation of a limited company; or 

(d) on behalf of a claimant or person alleging himself to have a claim to a legal right writes, publishes or sends a letter or notice threatening legal proceedings other than a letter or notice that the matter will be handed to an advocate and solicitor for legal proceedings; or 

(e) solicits the right to negotiate, or negotiate in any way for the settlement of, or settles, any claim arising out of personal injury or death and founded upon a legal right or otherwise, shall, unless he proves that the act was not done for or in expectation of any fee, gain or reward, be guilty of an offence under this subsection.

(2AAny unauthorized person who does or solicits the right to do any act which is customarily within the function or responsibility of an advocate and solicitor, including but not limited to advising on law, whether Malaysian or otherwise, unless he proves that the act was not done for or in expectation of any fee, gain or reward, shall be guilty of an offence under this subsection.

(2BSubsection (2A) shall not apply to a foreign lawyer who--

(a) is duly authorized or registered to practise law in a state or territory other than Malaysia; and  

(b) enters Malaysia to advise or consult with a client on matters pertaining to law not involving any aspect of Malaysian law, provided always that the accumulated period of stay of that foreign lawyer shall not exceed sixty days in total in any one calendar year and that immigration authorization for each period of stay shall have first been obtained."; and 

(3) Any unauthorized person who offers or agrees to place at the disposal of any other person the services of an advocate and solicitor shall be guilty of an offence under this subsection:

Provided that this subsection shall not apply to any person who offers or agrees to place at the disposal of any other person the services of an advocate and solicitor pursuant to a lawful contract of indemnity or insurance.

(4) Every person who is convicted of an offence under subsection (2), (2A) or (3) shall, on conviction, be liable for the first offence to a fine not exceeding five hundred ringgit or in default of payment to imprisonment for a term not exceeding three months and for the second or subsequent offence to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(5) Any act done by a body corporate which if done by a person would be an offence under subsection (1), (2) or (3) or is of the nature or in the manner as to be calculated to imply that the body corporate is qualified, or recognized by law as qualified, to act as an advocate and solicitor shall be an offence under this section and the body corporate shall, on conviction, be liable for the first offence to a fine not exceeding one thousand ringgit and for the second or subsequent offence to a fine not exceeding three thousand ringgit and where the act is done by a director, officer or servant thereof the director, officer or servant shall, without prejudice to the liability of the body corporate, be liable to the punishment provided in subsection (4).

(6) Where any firm does an act which if done by a person would be an offence under subsection (1), (2) or (3) every member of the firm shall be deemed to have committed the offence unless he proves that he was unaware of its commission.

(7) Any person who does any act in relation to a contemplated or instituted proceeding in the High Court which act is an offence under this section shall also be guilty of a contempt of the Court in which the proceeding is contemplated or instituted and may be punished accordingly irrespective of whether he is prosecuted for the offence or not.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/37ASections 36 and 37 not to apply to arbitral proceedings

37A Sections 36 and 37 not to apply to arbitral proceedings

(1) Sections 36 and 37 shall not apply to--

(a) any arbitrator lawfully acting in any arbitral proceedings; 

(b) any person representing any party in arbitral proceedings; or 

(c) any person giving advice, preparing documents and rendering any other assistance in relation to or arising out of arbitral proceedings except for court proceedings arising out of arbitral proceedings. 

(2) In this section, "arbitral proceedings" means proceedings in an arbitration which is governed by the Arbitration Act 2005 [Act 646] or would have been governed by such Act had the seat of arbitration been Malaysia.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/38.Certain persons can act as advocate and solicitor

38. Certain persons can act as advocate and solicitor

(1) Section 37 shall not apply to--

(a) the Attorney General or the Solicitor General or any other person acting under the authority of either of them; 

(b) officers of the Public Trust Corporation, the Director General of Insolvency, Deputy Director General of Insolvency, Directors of Insolvency, Deputy Directors of Insolvency, Senior Assistant Directors of Insolvency, Assistant Directors of Insolvency and Insolvency Officers acting in the course of their duties under any law relating to their offices; 

(ba) the Director General of Legal Aid or any person appointed to assist the Director General of Legal Aid under section 3 of the Legal Aid Act 1971 acting in the course of his duty; 

(c) any other public officer drawing or preparing instruments in the course of his duty; 

(d) any person acting personally for himself only in any matter or proceeding to which he is a party or acting solely for a company or organization which he serves as a full time paid employee in any matter or proceeding in which the company or organization is a party, but such person shall have no right to represent the company or organization in Court or in Chambers or attest documents for the company or organization which are required to be attested by an advocate and solicitor; 

(e) any bona fide and full time employee of an insurance company negotiating for the settlement of or settling a claim made or contemplated against any person or body corporate in cases where the claim arising out of personal injury or death relates to a risk insured by that insurance company; 

(f) (Deleted Act A1456

(g) any full-time member of the academic staff of a Faculty of Law acting solely in an advisory capacity upon instructions from a practising advocate and solicitor; 

(h) any accountant drawing or preparing documents in the exercise of his profession; 

(i) any proceeding before the Industrial Arbitration Court or the Syariah Court; 

(j) any person merely employed to engross any instrument or proceeding; 

(k) any approved company auditor drawing or preparing any instrument referred to in paragraph 37(2)(c) or which he is empowered to do under any written law relating to companies; 

(l) any agent duly authorized to the satisfaction of the Registrar of Trade Marks drawing or preparing documents in any matter relating to trade marks; 

(m) any full-time employee of an advocate and solicitor drawing or preparing any document under the authority of a practising advocate and solicitor and for the purposes of his employer. 

(2) The words "document" and "instrument" in section 37 do not include a will or other testamentary documents.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/39.Instrument and document to be endorsed

39. Instrument and document to be endorsed

Every person who draws or prepares any instrument or document referred to in section 37 shall endorse or cause to be endorsed thereon his name and address or the name and address of his firm or the firm employing him and any such person omitting so to do or falsely endorsing or causing to be endorsed any of the instruments shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/40.No cost payable to unauthorized person

40. No cost payable to unauthorized person

(1) No costs in respect of anything done by an unauthorized person as an advocate and solicitor or in respect of any act which is an offence under section 37 or 39 shall be recoverable by any person in any action, suit or matter.

(2) Any payment to an unauthorized person for anything done which is an offence under section 37 or 39 may be recovered in a court of competent jurisdiction by the person who has paid the money.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/40A.Interpretation

Part IVA INTERNATIONAL PARTNERSHIPS, QUALIFIED FOREIGN LAW FIRMS AND REGISTRATION OF FOREIGN LAWYERS

40A. Interpretation

In this Part, unless the context otherwise requires--

"foreign law" means the law of any state or territory other than Malaysia;

"foreign law firm" means a foreign law firm which provides legal services in foreign law and includes a corporation duly constituted for the purpose of practising law established or licensed to provide legal services by the appropriate licensing authority of a state or territory other than Malaysia;

"foreign lawyer" means a person who is-- 

(a) duly authorized or registered to practise law in a state or territory other than Malaysia; and 

(b) a partner, director (who holds equity in the corporation, in the case of a corporation duly constituted for the purpose of practising law) or an employee of a foreign law firm or a Malaysian law firm; 

"international partnership" means a partnership or any other arrangement between a foreign law firm and a Malaysian law firm in respect of which a licence has been granted under section 40F

"permitted practice areas" means the areas of legal practice as prescribed;

"prescribed" means prescribed by the Bar Council by rules made under this Act;

"qualified foreign law firm" means a foreign law firm licensed under section 40G

 Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/40B.Licence required for foreign law firm

 

40B. Licence required for foreign law firm

(1) No foreign law firm shall practise in Malaysia unless it is licensed under this Part.

(2) Any foreign law firm which contravenes the provision of subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/40C.Selection Committee

40C. Selection Committee

(1) A Selection Committee is established under this Part to make recommendations to the Bar Council for the granting of licence for international partnerships and qualified foreign law firms and to Malaysian law firms to employ foreign lawyers and the registration of foreign lawyers to practise in the permitted practice areas.

(2) The Selection Committee shall consist of the following members:

(a) the Attorney General; 

(b) the President of the Malaysian Bar; 

(c) a person to be appointed by the Attorney General from the public sector; and 

(d) two members of the Malaysian Bar practising in the permitted practice areas relevant to the applications to be appointed by the Bar Council. 

(3) The Attorney General and the President of the Malaysian Bar shall be the Co-Chairmen of the Selection Committee.

(4) The appointment of the members under paragraphs (2)(c) and (d) shall be on an ad hoc basis.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/40D.Alternate members

40D. Alternate members

(1) The Attorney General may, in respect of the member appointed under paragraph 40C(2)(c), appoint a person to be an alternate member to attend, in place of the member, meetings of the Selection Committee.

(2) The Bar Council may, in respect of each member appointed under paragraph 40C(2)(d), appoint a person to be an alternate member to attend, in place of the member, meetings of the Selection Committee.

(3) When attending meetings of the Selection Committee, an alternate member shall for all purposes be deemed to be a member of the Selection Committee.

(4) An alternate member shall, unless he sooner resigns his membership or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Selection Committee.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/40E.Meetings of the Selection Committee

40E. Meetings of the Selection Committee

(1) Meetings of the Selection Committee shall be co-chaired by the Attorney General and the President of the Malaysian Bar.

(2) The Selection Committee shall meet on such date and at such time and place as the Attorney General and the President of the Malaysian Bar may appoint.

(3) The quorum of the Selection Committee shall be five.

(4) All decisions of the Selection Committee shall be by the affirmative vote of a majority of the members of the Selection Committee.

(5) The Selection Committee shall inform the Bar Council of its recommendation as to the granting of a licence under section 40F, 40G or 40H or the registration of a foreign lawyer under section 40J.

(6) The Bar Council shall be the Secretariat for the Selection Committee.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/40F.International partnership

40F. International partnership

(1) A foreign law firm and a Malaysian law firm may apply jointly to the Bar Council for an international partnership licence if they satisfy such conditions as the Bar Council may think fit to impose in any particular case.

(2) A foreign law firm shall not be part of more than one international partnership in Malaysia at any one time.

(3) Upon receiving the application, the Bar Council shall refer such application to the Selection Committee for consideration and recommendation.

(4) The Bar Council shall, upon the recommendation of the Selection Committee, grant an application made under subsection (1) on such conditions as the Bar Council may think fit to impose in any particular case or refuse the application.

(5) An international partnership shall pay to the Bar Council such licence fee at such times and in such manner as may be prescribed.

(6) The Bar Council may, by notice in writing--

(a) impose any new or additional conditions on the licence; or 

(b) vary or revoke any of the conditions imposed on the licence. 

(7) The Bar Council may renew a licence granted under this section for such period and upon such conditions as the Bar Council may specify.

(8) An international partnership is entitled to--

(a) practise in the permitted practice areas in accordance with such conditions as may be prescribed; 

(b) bill its clients as a single law firm; and 

(c) recover costs and retain payments in respect of such practice. 

(9) The permissible equity ownership and voting rights of the foreign law firm in the international partnership shall be as determined by the Selection Committee from time to time.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/40G.Qualified foreign law firm

40G. Qualified foreign law firm

(1) A foreign law firm may apply for a qualified foreign law firm licence if it satisfies such conditions as the Bar Council may think fit to impose in any particular case.

(2) Upon receiving the application, the Bar Council shall refer such application to the Selection Committee for consideration and recommendation.

(3) The Bar Council shall, upon the recommendation of the Selection Committee, grant an application made under subsection (1) on such conditions as the Bar Council may think fit to impose in any particular case or refuse the application.

(4) A qualified foreign law firm shall pay to the Bar Council such licence fee at such times and in such manner as may be prescribed.

(5) The Bar Council may, by notice in writing--

(a) impose any new or additional conditions on the licence; or 

(b) vary or revoke any conditions imposed on the licence. 

(6) The Bar Council may renew a licence granted under this section for such period and upon such conditions as the Bar Council may specify.

(7) A qualified foreign law firm is entitled to practise in the permitted practice areas in accordance with such conditions as may be determined by the Bar Council.

(8) A Malaysian lawyer employed in a qualified foreign law firm shall be disqualified from obtaining a practising certificate under Part III.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/40H.Employment of a foreign lawyer by a Malaysian law firm

40H. Employment of a foreign lawyer by a Malaysian law firm

(1) A Malaysian law firm may apply to the Bar Council for a licence to employ a foreign lawyer to practise in the permitted practice areas in the Malaysian law firm if it satisfies such conditions as the Bar Council may think fit to impose in any particular case.

(2) Upon receiving the application, the Bar Council shall refer such application to the Selection Committee for consideration and recommendation.

(3) The Bar Council shall, upon the recommendation of the Selection Committee, grant or refuse an application made under subsection (1).

(4) Any Malaysian law firm which employs a foreign lawyer in contravention of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/40I.Suspension or revocation of licence

40I. Suspension or revocation of licence

(1) The Bar Council may, by notice in writing, suspend or revoke the licence granted under section 40F, 40G or 40H if the Bar Council is satisfied that there is sufficient reason for doing so.

(2) Without prejudice to the generality of subsection (1), a licence under this Part shall be suspended or revoked if--

(a) the appropriate licensing authority of a state or territory other than Malaysia suspends or revokes the licence of the constituent foreign law firm in the international partnership or the qualified foreign law firm as a result of criminal, civil or disciplinary proceedings; 

(b) there is any change in respect of any information regarding the foreign law firm which was submitted for the purposes of obtaining the international partnership licence or the qualified foreign law firm licence including but not limited to-- 

(i) a change of any international partnership name without the prior approval of the Bar Council; 

(ii) a merger of the international partnership with any other firm or body corporate; or 

(iii) a change of up to one-half (½) in the number of the partners in any international partnership; 

(c) the international partnership or qualified foreign law firm fails to comply with any requirement imposed under this Act or any other written law; 

(d) the foreign law firm in the international partnership or the qualified foreign law firm is dissolved or is in liquidation or the Malaysian law firm in the international partnership is dissolved; 

(e) the international partnership or qualified foreign law firm fails to comply with any of the conditions imposed on its licence; 

(f) the international partnership has been reconstituted without the approval of the Bar Council; or 

(g) the international partnership is dissolved for any reason whatsoever. 

(3) The international partnership and the qualified foreign law firm shall inform the Bar Council of the occurrence of any of the events referred to in subsection (2) as soon as they become aware of the same.

(4) A licence shall not be suspended or revoked without the international partnership or qualified foreign law firm being given a reasonable opportunity to make representations to the Bar Council.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/40J.Registration of a foreign lawyer to practise in an international partnership, a qualified foreign law firm or a Malaysian law firm

40J. Registration of a foreign lawyer to practise in an international partnership, a qualified foreign law firm or a Malaysian law firm

(1) A foreign lawyer shall not practise in an international partnership, a qualified foreign law firm or a Malaysian law firm, or in any other manner, unless he has been registered under this section.

(2) A foreign lawyer who satisfies such requirements as may be prescribed and wishes to practise in an international partnership, a qualified foreign law firm or a Malaysian law firm may apply to the Bar Council to be registered to practise in the permitted practice areas in an international partnership, a qualified foreign law firm or a Malaysian law firm.

(3) Upon receiving the application, the Bar Council shall refer such application to the Selection Committee for consideration and recommendation.

(4) The Bar Council shall, upon the recommendation of the Selection Committee, grant or refuse an application made under subsection (2).

(5) An application that has been granted under subsection (4) shall be subject to--

(a) such conditions as the Bar Council may think fit to impose in any particular case; and 

(b) the payment of a registration fee to the Bar Council at such times and in such manner as may be prescribed. 

(6) The registration of a foreign lawyer under this section shall be in respect of a calendar year and may be renewed annually subject to such conditions as the Bar Council may specify.

(7) A foreign lawyer who is registered under this section may practise in the permitted practice areas through an international partnership, a qualified foreign law firm or a Malaysian law firm.

(8) Any foreign lawyer who fails to comply with the provision of subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/40K.Suspension or revocation of registration

40K. Suspension or revocation of registration

(1) The Bar Council may, by notice in writing, suspend or revoke the registration of a foreign lawyer under section 40J if the Bar Council is satisfied that there is sufficient reason for doing so.

(2) Without prejudice to the generality of subsection (1), the registration of a foreign lawyer under this Part shall be suspended or revoked if--

(a) the international partnership licence or qualified foreign law firm licence issued in respect of the international partnership or qualified foreign law firm, as the case may be, is suspended or revoked under section 40I

(b) the foreign lawyer is in breach of any provision relating to his work permit or any relevant immigration laws in Malaysia; 

(c) the foreign lawyer employed in a Malaysian law firm is no longer duly authorized or registered to practise law in a state or territory other than Malaysia as a result of criminal, civil or disciplinary proceedings; or 

(d) the foreign lawyer has been found guilty by the Disciplinary Board of any disciplinary misconduct and the Disciplinary Board has recommended for the suspension or revocation of the foreign lawyer's registration. 

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/40L.Professional conduct, ethics and accounts

40L. Professional conduct, ethics and accounts

(1) International partnerships, qualified foreign law firms and registered foreign lawyers shall comply with such laws, rulings and directives applicable to advocates and solicitors under this Act relating to professional conduct or ethics.

(2) Section 79 and any rules made thereunder shall apply to a foreign lawyer registered under section 40J with such modifications as may be prescribed by the Bar Council.

(3) For the avoidance of doubt, nothing in this Part shall affect any solicitor-client privilege that may exist independently of this Part.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/40M.Disciplinary authority

40M. Disciplinary authority

A registered foreign lawyer and a foreign lawyer falling within the exception provided under subsection 37(2B) shall adhere to all the rules and rulings of the Bar Council and shall be subject to, for the purposes of all disciplinary actions, the control of the Disciplinary Board.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/40N.Power to require documents, etc.

40N. Power to require documents, etc.

The Bar Council may require any international partnership, qualified foreign law firm, Malaysian law firm or foreign lawyer to provide the Bar Council with such documents, particulars or information as the Bar Council considers necessary for the purpose of ascertaining compliance of this Part.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166/40O.Power to make rules

40O. Power to make rules

The Bar Council may, with the approval of the Attorney General, make rules to provide for--

(a) the conditions and criteria for the granting of international partnership licences, qualified foreign law firm licences or licences under section 40H and for the registration of foreign lawyers under section 40J;

(b) the manner and means of application and the information and documents to be furnished for the application of international partnership and qualified foreign law firm licences and licences under section 40H, including but not limited to the forms, proceedings, fees, information and documents in connection therewith;

(c) the conditions relating to qualifying legal skills, experience and expertise required under this Part;

(d) the manner and means of application for registration of foreign lawyers including but not limited to the forms, proceedings, fees, information and documents in connection therewith;

(e)  the submission of information and particulars relating to foreign law firms, lawyers and other persons practising in or employed by the foreign law firms;

(f) the maintenance of a register of international partnerships, qualified foreign law firms, Malaysian law firms which employ foreign lawyers under section 40H, foreign lawyers practising in Malaysia and Malaysian lawyers practising in international partnerships and qualified foreign law firms under this Part and the form and manner in which the registers are to be kept;

(g) the permitted practice areas;

(h) the manner and means by which an international partnership, a qualified foreign law firm or a Malaysian law firm licensed under section 40H may conduct its business or publicise itself;

(i) the exemption of any person or class of persons from any provision of this Part; and

(j) any other matters for purposes of implementing the provisions of this Part.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/41.Establishment of Malaysian Bar

41. Establishment of Malaysian Bar

(1) There is established a body corporate to be called the "Malaysian Bar".

(2) The Malaysian Bar shall be a body corporate with perpetual succession and a common seal, and with power subject to this Act to sue and be sued in its corporate name and to acquire and dispose of property both movable and immovable and to do and to perform such other acts as bodies corporate may by law perform.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/42.Object and powers of the Bar

42. Object and powers of the Bar

(1) The purpose of the Malaysian Bar shall be--

(a) to uphold the cause of justice without regard to its own interests or that of its members, uninfluenced by fear or favour; 

(b) to maintain and improve the standards of conduct and learning of the legal profession in Malaysia; 

(c) to facilitate the acquisition of legal knowledge by members of the legal profession and others; 

(d) where requested so to do, to express its view on matters affecting legislation and the administration and practice of the law in Malaysia; 

(e) to represent, protect and assist members of the legal profession in Malaysia and to promote in any proper manner the interests of the legal profession in Malaysia; 

(f) to establish libraries and to acquire or rent premises to house the libraries and offices of the Malaysian Bar or amenities for the use of members either alone or in conjunction with any other body or society; 

(g) to protect and assist the public in all matters touching ancillary or incidental to the law; 

(h) to make provision for or assist in the promotion of a scheme whereby impecunious persons may be represented by advocates and solicitors; 

(i) to award prizes and scholarships and to establish and subsidise lecturership in educational institutions in subjects of study relating to law; 

(j) to grant pecuniary or other assistance to any association, institute, board or society in Malaysia in the interest of the legal profession or of the law students; 

(k) to afford pecuniary and other assistance to members or former members of the Malaysian Bar and to the wives, widows, children and other dependants, whether of members, former members or deceased members who are in need of any such assistance; 

(l) to promote good relations and social intercourse amongst members and between members and other persons concerned in the administration of law and justice in Malaysia; 

(m) to encourage, establish and maintain good relations with professional bodies of the legal profession in other countries and to participate in the activities of any local or international association and become a member thereof; and 

(n) to establish a Compensation Fund. 

(2) In addition to any other powers given by this Act, the Malaysian Bar may--

(a) purchase or lease any land or building required for any of the purpose of the Malaysian Bar; 

(b) sell, surrender, grant, lease, exchange or alter any land or building as may be found most convenient or advantageous; 

(c) borrow money whether by way of bank overdraft or otherwise for such of the purposes of the Malaysian Bar as the Malaysian Bar may from time to time consider desirable; 

(d) make rules governing the manner of convening general meetings of the Malaysian Bar and the procedure thereat which rules shall be approved and may be amended by ordinary resolution at a general meeting of the Malaysian Bar; and 

(e) do all such other things as are incidental or conducive to the achievement or betterment of the purposes of the Malaysian Bar. 

(3) In addition to any other rules that it may make under this Act the Malaysian Bar may make rules for giving effect to this Part.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/43.Advocate and solicitors members of the Bar

Part V MALAYSIAN BAR

Members of the Malaysian Bar and Subscriptions

43. Advocate and solicitors members of the Bar

Every advocate and solicitor shall without election, admission or appointment become a member of the Malaysian Bar and shall remain a member under this section so long as he has a valid practising certificate.

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/44.Eligibility of a member

44. Eligibility of a member

All members who are not in arrears with their subscription under section 46 shall be eligible--

(a) to attend and vote at any general meeting; 

(b) subject to section 46A, to be elected to the Bar Council; and 

(c) to vote on the election of members to the Bar Council. 

Unannotated Statutes of Malaysia - Principal Acts/LEGAL PROFESSION ACT 1976 Act 166/LEGAL PROFESSION ACT 1976 ACT 166,,/45.Disqualification of a member