LAWS OF MALAYSIA
REPRINT
Act 166
LEGAL PROFESSION ACT 1976
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
Laws of Malaysia
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ACT 166
LEGAL PROFESSION ACT 1976
Date of Royal Assent
...
...
...
...
... 6 March 1976
Date of publication in the Gazette
...
... 11 March 1976
PREVIOUS REPRINT
First Reprint
... ... ... ... ...
2001
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LAWS OF MALAYSIA
Act 166
LEGAL PROFESSION ACT 1976
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1.
Short title and commencement
2.
Application
3.
Interpretation
PART II
QUALIFYING BOARD
4.
Qualifying Board
5.
Functions of Board
6.
General power of Board and power to make rules
7.
Membership of Board
8.
Election of acting Chairman
9.
Meetings of Board and quorum
Qualified Persons
10.
Admission of advocates and solicitors
11.
Qualifications for admission
12.
Period of pupillage of qualified person
13.
Exemption from period and qualification for pupillage
Filing of admission petition and enquiries, etc.
14.
15.
Petition for admission with affidavit
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Section
16.
Filing of petition and objection
17.
Entering of caveat against admission
18.
Admission in special cases
19.
Right of appeal by objectors
Articled Clerks
20.
Qualification for articled clerks
21.
Conditions to be a principal and discharge of clerk
22.
Discharge of clerk for unfitness
23.
Discharge of clerk generally
24.
Period of articles and condition of articles
25.
Condition of admission of articled clerk
Reviews
26.
Appeal from the decision of Board to Judge
Hearing of Petitions and the Roll
27.
Hearing by Judge, a member of Board
28.
Roll of advocates and solicitors
PART IIA
SPECIAL PROVISIONS RELATING TO ADMISSION
OF ADVOCATES AND SOLICITORS
28A. Attorney General's power to issue Special Admission Certificates
28B. Admission and enrolment as an advocate and solicitor of a person
issued with a Special Admission Certificate
28C. Provisions as to Sijil Annual not to apply to an advocate and solicitor
admitted under this Part
28D. Power of Attorney General to make orders
28E. Provisions of this Part to prevail
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PART Ill
PRACTISING CERTIFICATES
Section
29.
Advocate and solicitor to make declaration yearly
30.
Disqualification for practising certificate
31.
Register of Practitioners
32.
Issue of Sijil Annual
33.
Issue of Sijil Annual in certain conditions
34.
Applicant to apply to Court
PART IV
PRIVILEGES OF ADVOCATES AND SOLICITORS
35.
Right of advocate and solicitor
36.
Advocate and solicitor to have name on the Roll before practice
37.
No unauthorized person to act as advocate and solicitor
38.
Certain persons can act as advocate and solicitor
39.
Instrument and document to be endorsed
40.
No cost payable to unauthorized person
PART V
MALAYSIAN BAR
41.
Establishment of Malaysian Bar
42.
Object and powers of the Bar
Members of the Malaysian Bar and Subscriptions
43.
Advocate and solicitors members of the Bar
44.
Eligibility of a member
45.
Disqualification of a member
46.
Annual subscription
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ACT 166
Disqualification for Membership of Bar Council,
Bar Committee, etc.
Section
46A. Disqualification for membership of the Bar Council, a Bar Committee,
or of any committee there of
The Bar Council
47.
Establishment of Bar Council
48.
Period of holding office
Election of Members of the Bar Council Members
49.
Election of Bar Council Members
50.
Annual election of Bar Council
51.
When election deemed to be election
52.
Bar Council when constituted
53.
Casual vacancy to be filled by qualified person
Officers
54.
President, Vice-President and Secretary of the Bar
55.
When a member of the Council to vacate office
Powers of the Council
56.
Powers and acts of Bar Council
57.
Specific powers of the Bar Council
58.
Appointment of committees
59.
Rights to inspect file and copies of proceedings in bankruptcy
60.
Power of Bar Council to accept gifts
61.
Representation in Court
Proceedings of the Bar Council
62.
Meeting of the Council
63.
Expenses of members
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General Meeting of the Malaysian Bar
Section
64.
Annual general meetings
65.
General meeting
66.
Voting
67.
Quorum
State Bar Committee
68.
Combined Bar-State Bar Committee
69.
Combination of members as State Bar
70.
Annual general meeting of State Bar
70A. General meeting of State Bar
71.
Severance of combined Bar
72.
Meeting of the State Bar Committee
73.
Powers of the State Bar Comittee
74.
Fees not allowed to State Bar Committee
75.
Casual vacancy
General
76.
Names of Council and Committee members to be published in the
Gazette
PART VI
PROFESSIONAL PRACTICE, ETIQUETTE, CONDUCT
AND DISCIPLINE OF ADVOCATE AND
SOLICITOR AND CLERKS
Power to make rules regulating practice, etc.
77.
78.
Power to make particular rules
78A. Power to make rules on professional indemnity
79.
Advocate and solicitor to deliver accountant's report
Compensation Fund
80.
Compensation Fund
81.
Advocate and solicitor shall not act as commissioner or notary without
certificate
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ACT 166
Section
82.
Advocate wilfully and knowingly acting as agent
83.
Advocate and solicitor not to employ undischarged bankrupt
84.
Advocate and solicitor acting for developer not to act purchaser in
housing development
85.
Registrar to maintain register of firm names
86.
Where solicitor and client relationship exists
87.
Where money is due from advocate and solicitor to the client
Control of Property
Guilty advocate and solicitor, etc.
88.
88A. Suspension of advocate and solicitor
89.
Taking of prossession of documents in the possession of advocate and
solicitor
90.
Taking of possession of property in Counsel's possession when he is
undischarged bankrupt, etc.
91.
Personal representative liable for acts of advocate and solicitor
92.
Bar Council to operate bank account of deceased solicitor's client
PART VII
DISCIPLINARY PROCEEDINGS
93.
Disciplinary Board
94.
Power of Disciplinary Board to strike off the Roll, suspend for misconduct,
etc.
95.
Disciplinary Committee Panel and Investigating Tribunal Panel
96.
Appointment of Disciplinary Committee Panel
97.
Appointment of Investigating Tribunal Panel
98.
Director of the Complaints Secretariat
99.
Complaint against advocate and solicitor or pupil
100.
Investigating Tribunal
101.
Investigation
102.
Disciplinary Board's consideration of report by Investigating Tribunal
103.
Disciplinary Board's power to order penalty
103A. Application to appoint a Disciplinary Committee
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Section
103B. Disciplinary Committee
103C. Findings of Disciplinary Committee
103D. Consideration by the Disciplinary Board of the report of the Disciplin-
ary Committee
103E. Appeal from the decision of the Disciplinary Board
103F. Power to make rules
103G. Saving and transitional provision
103H. Establishment of Discipline Fund
103I. Payment of fees, fine, costs, etc., into Discipline Fund
103J. Power to make rules
(Deleted)
104.
105.
Advocate and solicitor may apply to remove his name from the Roll
106.
Bar Council to give Registrar notice of order adverse to advocate and
solicitor
107.
High Court may restore an advocate and solicitor
108.
Costs for proceedings under this Part
109.
If person enquired fails to attend
110.
Publication and document presumed evidence of facts therein stated
No action against Disciplinary Committee, etc., for act done
111.
PART VIII
REMUNERATION OF ADVOCATES
AND SOLICITORS
112.
No advocate and solicitor to purchase interest of client
113.
The Solicitors Costs Committee
114.
Advocate and solicitor may make agreement for remuneration from
client
115.
Advocate and solicitor entitled to costs of negotiation of mortgagor
Contentious Business
116.
Advocate and solicitor may enter agreement for costing contentious
business
117.
Costs recoverable from client by other person not attested
118.
Enforcement to agreement
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Section
119.
Any party may set aside agreement of deceased advocate and solicitor
not performed
120.
Where client changes counsel before agreement performed
121.
Where remuneration of advocate and solicitor not subject of agreement
PART IX
RECOVERY AND TAXATION OF COSTS
122.
Advocate and solicitor defined
123.
Advocate and solicitor entitled to charge on property for costs
124.
No advocate and solicitor to sue for costs until delivery of bill of cost
125.
Power of court to authorize solicitor to commence action
126.
An order for taxation of costs to be made within 6 months of delivery
of bill of costs
127.
The cost of obtaining an order for taxation
128.
Order for taxation of advocate and solicitor's bill on notice given
129.
Petition by party liable for a bill of costs
130.
Order for delivery of solicitor's bill of costs by way of petition
131.
Court may order advocate and solicitor to deliver copy of Bill to
applicant
132.
Bill of costs to follow Rules of court
133.
Registrar may allow interest on money disbursed by counsel
134.
Costs of order of taxation payable by solicitor
135.
Certificate of taxing officer final
136.
Right of Government to costs unaffected
PART X
MISCELLANEOUS
137.
Board and Bar to maintain an office
138.
Document to be served may be sent by post
139.
Bar council or Malaysian Bar to recover sum of money
140.
Fees to be prescribed by Rules Committee
141.
Bank not bound to take notice of right against the account of advocate
and solicitor
142.
No estate duty payable for request to the Bar
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PART XI
TRANSITIONAL PROVISIONS
Section
143.
Definition
144.
Nomination of members of Board
145.
Registrar to transfer to the Roll the names of advocates and solicitors
146.
Definition
147.
Certificate issued under section 26 deemed practising certificate
148.
Bar Council and Committee holding office at date of coming into force
of this Act
149.
Assets and property of Bar Council and Local Bar
150.
Saving
151.
Provisions of Advocates and Solicitors Ordinance to apply in respect
of remuneration of advocates and solicitors until General Orders made
under the Act
PART XII
REPEAL
152.
Repeal
SCHEDULE
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ACT 166
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LAWS OF MALAYSIA
Act 166
LEGAL PROFESSION ACT 1976
An Act to consolidate the law relating to the legal profession in
Malaysia.
[Peninsular Malaysia--1 June 1977, P.U. (B) 327/77]
BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan
Agong with the advice and consent of the Dewan Negara and
Dewan Rakyat in Parliament assembled, and by the authority of
the same, as follows:
PART I
PRELIMINARY
Short title and commencement
1. (1) This Act may be cited as the Legal Profession Act 1976.
(2) The Minister may appoint different dates for the coming
into operation of the different parts or provisions of this Act and
different dates may be appointed for the coming into operation of
this Act in Peninsular Malaysia, Sabah and Sarawak.
Application
2.  This Act shall apply throughout Malaysia but shall only be
made applicable to Sabah and Sarawak with such modifications as
the Yang di-Pertuan Agong may by order make; and such Order
shall be published in the Gazette.
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ACT 166
Interpretation
In this Act unless the context otherwise requires--
3.
"advocate and solicitor", and "solicitor" where the context requires
means an advocate and solicitor of the High Court admitted and
enrolled under this Act or under any written law prior to the
coming into operation of this Act;
"articled clerk" has the meaning assigned to it in section 20;
"Bahasa Malaysia Qualifying Examination" means an examination
conducted by the Board or other persons appointed by the Board
for that purpose;
"Bar Council" and "Council" mean the central council of the
Malaysian Bar established under section 47;
" B a r Committee" means a Bar Committee elected under
section 70;
"the Board" means the Qualifying Board established under
section 4;
"client" includes--
(a) in relation to contentious business, any person who as a
principal or on behalf of another person retains or employs,
an advocate and solicitor, and any person who is or may
be liable to pay a solicitor's costs;
(b) in relation to non-contentious business, any person, who
as a principal or on behalf of another, or as a trustee,
executor or administrator, or in any other capacity, has
power, express or implied, to retain or employ, and retains
or employs, an advocate and solicitor, and any person for
the time being liable to pay an advocate and solicitor for
his service and costs;
"Compensation Fund" and "the Fund" mean the fund maintained
and administered in accordance with section 80;
"contentious business" means business done by an advocate and
solicitor, in or for the purpose of proceedings begun before a Court
of justice, tribunal, board, commission, council, statutory body or
an arbitrator;
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"costs" includes fees, charges, disbursements, expenses and
remuneration;
"Court" means the High Court or a Judge thereof when sitting
in open Court, and "Judge" means a Judge of the High Court
sitting in Chambers;
"legal officer" means a qualified person in the judicial and legal
service;
"Malaysian Bar" and "Bar" means the body corporate established
under section 41;
"the Ordinance" means the Advocates and Solicitors Ordinance,
1947 [M.U. 4 of 1947];
"pleader" means a pleader entitled to practise at the date of
coming into operation of this Act;
"practising certificate" means a certificate issued by the Registrar
under section 29;
"qualified person" means any person who--
(a) has passed the final examination leading to the degree of
Bachelor of Laws of the University of Malaya, the
University of Malaya in Singapore, the University of
Singapore or the National University of Singapore;
(b) is a barrister-at-law of England; or
(c) is in possession of such other qualification as may by
notification in the Gazette be declared by the Board to
be sufficient to make a person a qualified person for the
purposes of this Act;
"Register of Practitioners" means the annual register kept by the
Registrar under section 31;
"Registrar" means the Registrar of the High Court and includes
a Deputy Registrar, Senior Assistant Registrar and an Assistant
Registrar;
"Roll" means the Roll of advocates and solicitors of the High
Court kept by the Registrar under section 28;
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ACT 166
"Rules Committee" means the Rules Committee constituted under
any written law and empowered to make rules regulating the procedure
in the High Court;
"Sijil Annual" means the certificate issued by the Council under
section 32;
" S o l i c i t o r s Costs Committee" means the Solicitors Costs
Committee constituted under section 113.
PART II
QUALIFYING BOARD
Qualifying Board
There is established a body to be called the Qualifying Board.
4.
Functions of Board
The Board shall have the following functions:
5.
(a) to prescribe the qualifications required for the entry of
any person into articles with a view to his admission as
an advocate and solicitor;
(b) to provide courses of instruction for, and to regulate the
training and instruction of, articled clerks;
(c) to provide for the examination of articled clerks wishing
to become qualified persons;
(d) to decide on the qualifications, if any, other than those
set out in paragraphs (a) and (b) of the definition of
"qualified person" in section 3, which may entitle a person
to become a qualified person for the purposes of this Act;
(e) to provide courses of instruction for, and for the examination
of, persons whose qualifications are not sufficient to
make them qualified persons for the purposes of this Act
except after undergoing the courses and passing the
examination;
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(f) to provide for the management and conduct of the Bahasa
Malaysia Qualifying Examination.
General power of Board and power to make rules
6. (1) In addition to any other powers conferred by this Act the
Board may make rules and do all things which are necessary and
incidental in order to carry out into effect the objects of this Part
and the functions of the Board.
(2) Without prejudice to the generality of subsection (1) but
subject to this Part, the Board may in particular make rules--
(a) for regulating the meetings and proceedings of the Board;
(b) for the taking and retaining of articled clerks by principals
and for the conduct, duties and responsibilities of the
parties;
(c) for regulating the manner in which articled clerks serve
their period of articleship;
(d) specifying the subjects in which articled clerks are required
to be proficient in;
(e) for the examination from time to time of articled clerks;
(f) for the exemption of articled clerks from courses of
instruction or from examination;
(g) for the appointment of lecturers and examiners and for
the payment of fees to them;
(h) for the management and conduct of, and the exemption
of certain categories of qualified persons and articled
clerks from, the Bahasa Malaysia Qualifying Examination;
(i) for prescribing the forms to be used and the fees to be
paid under this Part.
Membership of Board
The Board shall consist of--
7.
(a) the Attorney General who shall be the Chairman;
(b) two Judges nominated by the Chief Justice;
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ACT 166
(c) the Chairman of the Bar Council; and
(d) a Dean of a Faculty of Law nominated by the Minister
of Education.
Election of acting Chairman
8. (1) The Chairman shall preside at meetings of the Board; and
in the absence of the Chairman, the members of the Board present
at the meeting shall elect an acting Chairman who shall have and
exercise all the powers of the Chairman.
(2) The Chief Registrar shall be the Secretary of the Board.
(3) The Board shall appoint such officers as it considers necessary
and shall have power to pay remuneration to its employees.
Meetings of Board and quorum
9. (1) The Board shall meet at such times and such places as the
Chairman may appoint.
(2) The Board shall have power to fix a quorum for its meetings.
(3) Each member of the Board shall have one vote and the
Chairman of the meeting shall have a casting vote.
Qualified Persons
Admission of advocates and solicitors
10.  The High Court may at its discretion and subject to this Act
admit as an advocate and solicitor of the High Court--
(a) any qualified person; and
(b) any articled clerk who has complied with section 25:
Provided that no person who is a qualified person by reason of
his having passed the final examination for the degree or other
q u a l i f i c a t i o n which makes him a qualified person under
paragraph (a), (b) or (c) of the definition of "qualified person" in
section 3 shall be admitted as an advocate and solicitor before the
degree or other qualification has been conferred upon him.
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Qualifications for admission
11. (1) Subject to section 14, a qualified person may be admitted
as an advocate and solicitor if he--
(a) has attained the age of eighteen years;
(b) is of good character; and
(i) has not been convicted in Malaysia or elsewhere of
a criminal offence as would render him unfit to be
a member of his profession, and in particular, but
n o t limited to, an offence involving fraud or
dishonesty;
(ii) has not been adjudicated bankrupt and has not been
found guilty of any of the acts or omissions mentioned
in paragraph 33(6)(a), (b), (c), (e), (f), (h), (k) or
(l) of the Bankruptcy Act 1967 [Act 360];
(iii) has not done any other act which, if being a barrister
or solicitor in England, would render him liable to
be disbarred, disqualified or suspended from practice;
or
(iv) has not been, or is not liable to be, disbarred,
disqualified or suspended in his capacity as a legal
practitioner in any other country;
(c) is either a Federal citizen or a permanent resident of
Malaysia;
(d) has satisfactorily served in Malaysia the prescribed period
of pupillage for qualified persons.
(2) As from the 1 January 1984, no qualified person shall be
admitted as an advocate and solicitor unless, in addition to satisfying
the requirements of subsection (1), he has passed or is exempted
from the Bahasa Malaysia Qualifying Examination.
Period of pupillage of qualified person
12. (1) For the purposes of this Part, a qualified person shall
during his period of pupillage be known as a "pupil", and a person
with whom a pupil serves his period of pupillage or any part
thereof shall be known as a "master".
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ACT 166
(2) A qualified person shall, before he is admitted as an advocate
and solicitor, serve a period of pupillage and, subject to this section
and section 13, the prescribed period of pupillage shall be nine
months.
(3) No qualified person shall, without the special leave in writing
of the Bar Council, hold any office or engage in any employment
of any kind, whether full-time or otherwise, during his period of
pupillage, but nothing in this subsection shall preclude a pupil
from receiving remuneration from his master.
Exemption from period and qualification for pupillage
13. (1) Subject to subsection (4) a pupil shall serve his period of
pupillage with an advocate and solicitor who is and has been in
active practice in Malaysia for a total period of not less than seven
years immediately preceding the date of commencement of his
pupillage:
Provided that the Bar Council may on special grounds allow a
pupil to serve his period of pupillage with an advocate and solicitor
of less than seven years' standing.
(2) The Bar Council may allow a qualified person to serve
different parts of his period of pupillage with different masters.
(3) The Bar Council may, in its sole discretion, exempt a qualified
person from any period up to six months' pupillage upon application
made to it supported by satisfactory evidence that--
(a) there are special circumstances justifying a shortening of
the period of pupillage; or
(b) the applicant has for a period of not less than six months
been a pupil or read in the chambers of a legal practitioner
in active private practice, in the Commomwealth, of more
than seven years' standing: or
(c) the applicant is an articled clerk in Malaysia; or
(d) the applicant has been engaged in active practice as a
legal practitioner by whatever name called in any part of
the Commonwealth for a period of not less than six
months.
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(4) A qualified person who has served in the Judicial and Legal
Service for seven years shall be exempted from serving any period
of pupillage provided his application for admission as an advocate
and solicitor is supported by a certificate from the Attorney General
to the effect that he is a fit and proper person to be admitted as
an advocate and solicitor.
(5) The Bar Council may, in its sole discretion, upon an application
made to it supported by satisfactory evidence in writing given by
the Attorney General, exempt a qualified person who has served
in the Judicial and Legal Service for at least three years from any
period up to a maximum of six months' pupillage.
Filing of admission petition and enquiries, etc.
14. (1) Upon any petition for admission and enrolment as an
advocate and solicitor being filed, the Bar Council shall make or
cause to be made full inquiries into the character of the petitioner
and, upon such petition being set down for hearing, to forward to
the Chief Justice a confidential report of the result of such inquiries.
(2) All the State Bar Committees (if more than one) in the
States in which a person applying to be admitted pursuant to
section 15 has served his pupillage, shall upon the person's petition
being set down for hearing make or cause to be made full inquiries
into the character of the petitioner and the confidential report of
the result of the inquiries shall be forwarded to the Chief Justice
with such comments upon it as the Bar Council may consider
necessary.
(3) If any of the reports referred to in subsection (1) or subsection
(2) is unfavourable to the petitioner the Chief Justice may, if he
thinks fit, direct such report to be filed in Court and a copy thereof
to be served on the petitioner and, subject to such directions as
the Court may give, such report shall be taken into consideration
on the hearing of the petition.
(4) All reports and communications under this section shall be
absolutely privileged.
Petition for admission with affidavit
15. (1) This section shall apply to every person who proposes to
apply to be admitted and enrolled as an advocate and solicitor.
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ACT 166
(2) An application for admission under this section shall be by
a petition to the Court and verified by affidavit.
(3) Every petitioner shall, not less than fourteen days before his
petition is to be heard or such shorter period as the Court may
allow, file an affidavit exhibiting--
(a) where applicable, true copies of any documentary evidence
showing that he is a qualified person;
(b) two recent certificates as to his good character;
(c) a certificate of diligence from his master with whom he
served his pupillage in cases where he is required to
serve a period of pupillage, or in the absence of such
certificate any other evidence as the Court may require
s h o w i n g that he has served such pupillage with
diligence;
(d) where applicable, a certificate signed by the Secretary of
the Board that the petitioner has attended the courses of
instruction and passed the examinations, if any, required
in his case under this Act;
(e) where applicable, a certificate from his principal that he
has satisfactorily served the appropriate period as an
articled clerk;
(f) true copies of any documentary evidence showing that he
is either a Federal citizen or a permanent resident of
Malaysia; and
(g) true copies of any documentary evidence that he has
passed or is exempted from the Bahasa Malaysia Qualifying
Examination.
(4) The petition, notice, affidavit and certificates referred to in
this section shall be in the forms prescribed by the Board.
(5) The petitioner shall file his petition at the Registrar's Office
at the Central Registry accompanied by notices intimating that he
has so petitioned; such notices shall be posted and continue to be
posted at all the High Courts for three months before the petitioner
is admitted and enrolled as an advocate and solicitor.
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23
Filing of petition and objection
16. (1) A copy each of the petition and the affidavit required to
be filed under section 15 together with the true copies of each
document exhibited pursuant to that section shall, within seven
days of the filing thereof in the Registrar's Office, and not less
than ten days or such shorter period as the Court may allow before
the date fixed for hearing the petition, be served on the Attorney
General, the Bar Council and the State Bar Committee of the State
in which the pupil has served any part of his period of pupillage.
(2) If the Attorney General, the Bar Council or any State Bar
Committee intends to object to any petition, there shall be served
on the petitioner and filed in the Registrar's Office, not less than
three clear days or any shorter period as the Court may allow
before the date fixed for hearing the petition, a notice of objection
which shall set out in brief terms the grounds of objection.
(3) On a notice of objection being filed the petition shall be
fixed for hearing within one month or as soon as may be before
a Judge of the High Court.
(4) The Attorney General, the Bar Council or the State Committee
need not be represented at the hearing of any petition unless the
Attorney General, the Bar Council or the State Bar Committee, as
the case may be, intends to object to that petition, but no order
shall be made upon any petition unless the Court is satisfied that
the petition, affidavit and true copies of each document have been
duly served as required by subsection (1).
Entering of caveat against admission
17. (1) Any person may enter a caveat against the admission of
any petitioner and upon such caveat being entered no application
for the admission of the petitioner shall be heard unless a notice
of hearing of not less than 3 clear days has been served on the
person entering the caveat.
(2) Every caveat under this section shall be entered in the
Registrar's Office and shall contain the full name, occupation and
address of the caveator, a brief statement of the grounds of his
objection and an address for service.
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ACT 166
(3) If at any time after the admission and enrolment of any
petitioner as an advocate and solicitor, it is shown to the satisfaction
of the Court that any petition, affidavit, certificate or other document
filed by a petitioner contains any statement which is false or
misleading in substance or a suppression of any material fact the
name of the petitioner may be removed from the Roll.
(4) Where an advocate and solicitor has been removed from the
Roll pursuant to subsection (3), the Registrar shall upon any further
petition for admission made by the same person bring this fact to
the notice of the Court and the Court shall, in the absence of
special circumstances refuse to grant such further petition.
Admission in special cases
18. (1) Notwithstanding anything contained in this Act, the Court
may, for the purpose of any one case and subject to the following
subsections, admit to practise as an advocate and solicitor any
person who, if he was a citizen of, or a permanent resident in,
Malaysia, would be eligible to be admitted as an advocate and
solicitor of the High Court and no person shall be admitted to
practise as an advocate and solicitor under this subsection unless--
(a) for the purpose of that particular case he has, in the
opinion of the Court, special qualifications or experience
of a nature not available amongst advocates and solicitors
in Malaysia; and
(b) he has been instructed by an advocate and solicitor in
Malaysia.
(2) Any person applying to be admitted under this section shall
do so by originating motion verified by his own affidavit, or that
of the advocate and solicitor instructing him, stating the names of
the parties and the brief particulars of the cause or matter in which
the applicant intends to appear, and exhibiting in the affidavit the
consent of the applicant to appear in the cause or matter; the
originating motion and affidavit shall be served on the Attorney
General, the Secretary of the Bar Council and of the State Bar
Committee in the State where such cause or matter is to be heard
and the other party to the cause or matter; at the time of such
service the applicant shall pay one hundred ringgit each to the
Secretary of the Bar Council and of the State Bar Committee to
cover their costs incurred in the application.
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(3) Before admitting a person under this section the Court shall
have regard to the views of each of the persons served with the
application.
(4) The Registrar shall on payment of the prescribed fee, issue
to every person admitted under this section a certificate to practice
specifying in it the causes or matters in which he is permitted to
appear; and any person to whom a certificate to practise has been
issued under this subsection shall for the purpose of his employment
in such causes or matters be deemed to be a person to whom a
certificate to practise has been issued under section 29.
(5) The Registrar shall not enter upon the Roll but shall keep
a separate roll for the names of persons admitted under this section.
(6) In this section the words "cause or matter" include any
interlocutory or appeal proceedings connected with any cause or
matter.
Right of appeal by objectors
19.  The petitioner under section 15 and the applicant under section
18 and any one or more of the following namely--the Attorney
General, the Board, the Secretary of the Bar Council or the Secretary
of any State Bar Committee objecting to any petition or to the
making of any order on an originating motion pursuant to section
18 shall have a right of appeal to the Supreme Court:
Provided that a Judge who have made the order appealed from
shall not be a member of the Federal Court.
Articled Clerks
Qualification for articled clerks
20. (1) Except as authorized by this Act and any rules made by
the Board no person shall enter into articles with a view to his
admission as an advocate and solicitor unless he--
(a) has attained the age of seventeen years;
(b) is of good character; and
(c) has the necessary educational qualifications as may be
prescribed by the Board.
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(2) For the purposes of this Part, a person who has entered into
articles with an advocate and solicitor shall be known as an "articled
clerk" and an advocate and solicitor who takes an articled clerk
shall be known as a "principal".
Conditions to be a principal and discharge of clerk
21. (1) No advocate and solicitor shall, without the special leave
in writing of the Board, qualify as a principal unless he has been
in active practice as an advocate and solicitor in Malaysia for a
period of not less than seven years immediately preceding the
commencement of the articles and is in active practice.
(2) No principal shall have more than two articled clerks at the
same time.
(3) No principal shall take or retain any articled clerk after he
has ceased from active practice as an advocate and solicitor in
Malaysia or while the articled clerk is employed by another advocate
and solicitor.
(4) If any advocate and solicitor takes an articled clerk in
contravention of this section the Board may of its own motion
discharge the articles of the articled clerk upon such terms, including
terms as to return of any premium, as the Board thinks fair and
reasonable.
Discharge of clerk for unfitness
22.  If any allegation is made to the Board as to the unfitness of
an articled clerk to be an advocate and solicitor, and the Board,
after inquiring into that allegation is satisfied that the articled
clerk is unfit to be an advocate and solicitor, the Board may of
its own motion discharge the articles of that articled clerk upon
such terms, including terms as to return of any premium, as the
Board thinks fair and reasonable.
Discharge of clerk generally
23.  If the Board is satisfied on application made either by a
principal or an articled clerk that the articles ought to be discharged,
the Board may discharge the articles upon such terms, including
terms as to return of any premium, as the Board thinks fair and
reasonable.
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Period of articles and condition of articles
24. (1) The period of articles for an articled clerk who is a graduate
of a University recognized by the Board for the purpose of this
section shall be three years.
(2) The period of articles for every other person shall be five
years.
(3) No articled clerk shall, without the special leave in writing
of the Bar Council, hold any office or engage in any employment
of any kind, whether full time or otherwise, during his articles but
nothing in this subsection shall preclude an articled clerk from
receiving remuneration from his principal.
Condition of admission of articled clerk
25. (1) Subject to sections 22 and 23 and any rules made by the
Board no articled clerk shall be admitted and enrolled as an advocate
and solicitor unless he--
(a) has satisfactorily served the prescribed period of articles;
(b) has attended such courses of instruction as may generally
or specially be prescribed by the Board; and
(c) has passed such examination as may be prescribed by the
Board.
(2) As from the 1 January 1984, no articled clerk shall be
admitted and enrolled as an advocate and solicitor unless, in addition
to satisfying the requirements of subsection (1), he has passed or
is exempted from the Bahasa Malaysia Qualifying Examination.
Reviews
Appeal from the decision of Board to Judge
26. (1) Any person dissatisfied with any decision of the Board
may apply to a Judge for a review of the decision.
(2) If the Board fails to determine any request within six weeks
after it has been first submitted to it, the applicant may apply under
this section as if the request had been determined adversely to him.
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(3) Every application under this section shall be made by summons
in chambers on the petition of the appellant if he has filed a
petition, otherwise by originating summons; the Judge hearing the
application may in his discretion adjourn the application into open
Court.
(4) Every summons in chambers or originating summons, as the
case may be, shall be supported by evidence on affidavit and shall
be served together with the affidavit on the Board; such summons
in chambers or originating summons shall not be heard before the
expiry of twelve days after the date of service on the Board.
(5) At or before the hearing of the application the Board may
submit to the Judge a confidential report on the applicant; such
report shall not be filed in Court but a copy thereof shall be
furnished to the applicant.
(6) A confidential report under this section shall be privileged.
(7) At the hearing the Judge may dismiss the application or
make any order under this Act as he considers fair and reasonable.
(8) A Judge who is a member of the Board shall not hear any
application under this section.
Hearing of Petitions and the Roll
Hearing by Judge, a member of Board
27.  A Judge who is a member of the Board shall not hear any
petition for admission.
Roll of advocates and solicitors
28. (1) The Registrar shall keep a Roll of advocates and solicitors
with the dates of their respective admission.
(2) The name, with the date of admission, of every person
admitted shall be entered upon the Roll in the order of admission.
(3) Every person admitted as an advocate and solicitor shall
pay the prescribed fee and the Registrar shall deliver to him an
instrument of admission signed by the Chief Justice or the Judge
who admitted the petitioner.
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(4) This section shall not apply to persons admitted under
section 18.
(5) The Roll shall be open to inspection without payment by
any person during office hours.
*PART IIA
SPECIAL PROVISIONS RELATING TO ADMISSION OF
ADVOCATES AND SOLICITORS
Attorney General's power to issue Special Admission Certificates
28A. (1) The Attorney General may issue a special certificate for
admission as an advocate and solicitor of the High Court (hereinafter
referred to as a "Special Admission Certificate") to any person
who, in his opinion, satisfies the following requirements:
(a)
(i) is a qualified person; or
(ii) is not a qualified person, but is in possession of
a qualification which renders him eligible to practise
as a barrister, or as a solicitor, or as an advocate
and solicitor, or otherwise as a legal practitioner
by whatever name called, or to be employed in a
legal or judicial capacity in the service of any
government, in any country, or in a part or division
of any country, or in any territory or place, outside
Malaysia; and
(b) has been practising as a barrister, or as a solicitor, or as
an advocate and solicitor, or otherwise as a legal practitioner
by whatever name called, or has been employed in a
legal or judicial capacity by any government or by any
authority, organization or body, constituted under any
law, or has been sometimes so practising or sometimes
so employed, wholly or partly within Malaysia or wholly
or partly outside Malaysia, for a period of, or for periods
which amount in the aggregate to, not less than seven
years.
(2) Where the Attorney General issues a Special Admission
Certificate he shall specify therein the period for which the person
issued with such Certificate shall be admitted as an advocate and
solicitor.
*NOTE--This Part come into force on 1 February 1999­see P.U. (B) 33/1999.
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(3) A Special Admission Certificate shall be conclusive evidence
that the requirements of paragraphs (1)(a) and (b) have been satisfied,
and the validity of such Certificate shall not be reviewed or called
in question in any court.
(4) In subsection (1)--
"government" includes--
(i) the Government of Malaysia;
(ii) the Government of any State in Malaysia; and
(iii) the government of any country, or of a part or division
of any country, or of any territory or place, outside Malaysia;
and
"law" includes--
(i) written law as defined in section 3 of the Interpretation
Acts 1948 and 1967 [Act 388]; and
(ii) the law of any country, or of a part or division of any
country, or of any territory or place, outside Malaysia.
Admission and enrolment as an advocate and solicitor of a
person issued with a Special Admission Certificate
28B. (1) A person issued with a Special Admission Certificate
may apply by ex-parte originating summons to a Judge of the High
Court in Chambers to be admitted as an advocate and solicitor of
the High Court.
(2) A Judge hearing an application under subsection (1) shall,
upon being satisfied as to the genuineness of the Special Admission
Certificate and the identity of the applicant, admit the applicant
as an advocate and solicitor of the High Court for the period
specified in the Certificate; and a person so admitted as an advocate
and solicitor shall be enrolled and given an instrument of admission
under section 28.
(3) The admission and enrolment of a person as an advocate
and solicitor under subsection (2) shall not be reviewed or called
in question in any court.
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(4) An advocate and solicitor admitted under subsection (2)
shall be entitled to renew his admission from time to time upon
presenting to the Registrar within a period of two months before
the expiry of the period of admission or renewed admission, as the
case may be, a Certificate of Renewal issued by the Attorney
General at the discretion of the Attorney General:
Provided that, with the leave of the Attorney General in writing,
the Certificate of Renewal may be presented to the Registrar at any
time after the expiry of the period of admission or renewed admission,
as the case may be.
(5) A Certificate of Renewal issued under subsection (4) shall
be for renewal of the admission or the renewed admission, as the
case may be, for such period as may be specified in such Certificate,
and the renewal under subsection (4) shall accordingly be for the
period so specified.
(6) The validity of a Certificate of Renewal issued under
subsection (4) shall not be reviewed or called in question in any
court.
(7) Sections 10 to 19, both inclusive, shall not apply to the
admission of a person as an advocate and solicitor under this Part,
or to the renewal of the admission or the renewed admission, as
the case may be, of such advocate and solicitor.
Provisions as to Sijil Annual not to apply to an advocate and
solicitor admitted under this Part
28C.  Sections 32 and 33, or any other provision of this Act
relating to a Sijil Annual, shall not apply to an advocate and
solicitor admitted under this Part.
Power of Attorney General to make orders
28D.  The Attorney General may, by order published in the Gazette,
make such provision as he may deem necessary or expedient for
giving effect to this Part or carrying out its purposes, and without
prejudice to the generality of the foregoing, an order made under
this section may provide for--
(a) any supplemental, incidental or consequential matters in
relation to this Part; and
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(b) the removal of any difficulty or anomaly whatsoever in
any provision of this Act or in any other written law, or
otherwise, that may be occasioned by any provision or
provisions in this Part.
Provisions of this Part to prevail
28E.  This Part or of any order made under this Part shall have
effect notwithstanding anything to the contrary or inconsistent
therewith contained in any provision of this Act other than this
Part, or in any other written law, and this Act (other than this Part)
or of any other written law shall be read--
(a) mutatis mutandis with this Part and of any order made
under this Part; and
(b) with all such modifications, adaptations, alterations or
changes whatsoever as may be necessary to have the
same to accord with this Part and of any order made
under this Part.
PART III
PRACTISING CERTIFICATES
Advocate and solicitor to make declaration yearly
29. (1) Every advocate and solicitor shall in each year before he
does any act in the capacity of an advocate and solicitor deliver
or cause to be delivered to the Registrar:
(a) a declaration in writing stating--
(i) his full name;
(ii) the name under which he practises or the name of
the advocates and solicitors or firm of advocates
and solicitors employing him; and
(iii) the principal and any other address or addresses at
which he practises in Malaysia;
(b) the last Sijil Annual or a true copy thereof, if any, issued
to him by the Bar Council; and
(c) the prescribed fee,
and the Registrar shall on being satisfied that all the necessary
documents are in order and that the firm name under which the
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advocate and solicitor is practising is on the register maintained
under section 85 (1) issue to the advocate and solicitor a practising
certificate.
(2) Subject to subsection (3), every practising certificate shall
be signed by the Registrar and shall be valid from the date of issue
to the end of the year:
Provided that--
(a) where the name of an advocate and solicitor is removed
from, or struck off, the Roll the practising certificate, if
any, of that advocate and solicitor shall expire forthwith
and the date of such expiration shall be entered by the
Registrar on the Register of Practitioners;
(b) where an advocate and solicitor is adjudicated bankrupt
or a receiving order is made against him, the practising
certificate, if any, of that advocate and solicitor shall be
suspended forthwith, until the consent of the Bar Council
to reinstate it is obtained.
(3) Where an advocate and solicitor has duly complied with
subsection (1) in the month of January of any year, the practising
certificate issued to him in respect of that year shall be deemed
to have been in operation from the 1st day of January of that year.
(4) In this section the word "year" shall mean the period from
the 1 January in any calendar year to the 31 December in the same
calendar year.
Disqualification for practising certificate
30. (1) No advocate and solicitor shall apply for a practising
certificate--
(a) unless he is practising or intends to practice either on his
own account or in partnership in Malaysia; or
(b) unless he is or is about to be employed full time in his
practice in Malaysia by an advocate and solicitor or a
firm of advocates and solicitors in practice in Malaysia;
or
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(c) if he is gainfully employed by any other person, firm or
body in a capacity other than as an advocate and solicitor.
(2) For the purpose of this section a qualified person shall not
be construed as being gainfully employed if he is serving in the
Judicial and Legal Service.
(3) Any qualified person who is gainfully employed in accordance
with paragraph (1)(c) shall surrender his practising certificate to
the Registrar.
Register of Practitioners
31. (1) Upon the issue of every practising certificate the Registrar
shall cause to be entered in an annual register known as the Register
of Practitioners, the particulars contained in the declaration delivered
under paragraph 29(1)(a), and any person may inspect the Register
of Practitioners during office hours without payment.
(2) If there is any change with respect to any advocate and
solicitor in the particulars referred to in subsection (1) that advocate
and solicitor shall within one month thereafter notify the Registrar
and the Bar Council, and the Registrar shall thereupon cause the
entry to be made in respect of that advocate and solicitor in the
Register of Practitioners.
Issue of Sijil Annual
32. (1) Subject to this section and sections 33 and 34, the Bar
Council shall at any time after the month of June in the preceding
year issue a Sijil Annual to an advocate and solicitor within twenty-
one days of the receipt of an application under subsection (2) if--
(a) the Bar Council is satisfied that the application complies
with that subsection and any rules made under this section;
(b) the Bar Council is satisfied that the applicant is not
prohibited from holding a practising certificate under
section 30;
(c) the advocate and solicitor has delivered or is exempted
from delivering an accountant's report in accordance with
section 79;
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(d) the advocate and solicitor is not in arrears in respect of
any contribution to the Compensation Fund, or of any
subscription or levy lawfully due to the Bar Council or
his State Bar Committee under this Act; and
(e) the advocate and solicitor intends to practise under an
approved name.
(2) An application by an advocate and solicitor for a Sijil AnnuaI
shall be made in such form or forms as may be prescribed by and
in accordance with rules made under this section and shall be
accompanied by appropriate certificates showing that paragraph
(1)(d) has been complied with.
(3) Disciplinary proceedings may be taken against any advocate
and solicitor if in, or in relation to, an application under this
section he makes a false statement material to the application.
(4) Subject to this Act, the Bar Council may make rules regulating
the issue of Sijil Annual.
(5) Any rules made by the Bar Council under this section shall
be signed by the Chairman of the Bar Council.
Issue of Sijil Annual in certain conditions
33. (1) Subsection (2) shall have effect with respect to an application
for a Sijil Annual made by an advocate and a solicitor--
(a) after more than twelve months have elapsed since his
admission and where he has held no valid practising
certificate during that period;
(b) who has held a practising certificate subject to terms and
conditions at any time in the three years immediately
preceding his application;
(c) after more than twelve months have elapsed since he held
a valid practising certificate;
(d) after the *Disciplinary Committee has ordered a penalty
or costs to be paid by him;
*NOTE--Any reference to the term of "Disciplinary Committee" or "Inquiry Committee" in this
Act before it is amended in 1992 by Act A812 must be construed as a reference to the term
"Disciplinary Board" pursuant to the amendment--see Legal Profession (Amendment) Act 1992
[Act A812] s.2(2).
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(e) when having been suspended from practice or having had
his name removed from the Roll or struck off the Roll
the period of suspension has expired or his name has
been restored to the Roll, as the case may be;
(f) whilst he is an undischarged bankrupt or a receiving
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 of 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 there for 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.
Applicant to apply to Court
34. (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
a n order for the payment of costs by or to either the
B a r Council or the applicant as he considers fair and
reasonable.
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PART IV
PRIVILEGES OF ADVOCATES AND SOLICITORS
Right of advocate and solicitor
35. (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) the *Public Trustee, Director General of Insolvency,
*Assistant Public Trustees and Insolvency Officers to
appear and plead in the Courts under any written law
relating to such offices; and
(c) existing pleaders.
Advocate and solicitor to have name on the Roll before practice
36. (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;
*NOTE--Any references to the Public Trustee be constructed as the references to the Corporation­
see subsection 43(3) of Public Trust Corporation Act [Act 532].
NOTE--see section 70 Act A1197 which come into force on 1.10.2003.
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ACT 166
(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.
No unauthorized person to act as advocate and solicitor
37. (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
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(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.
(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.
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(4) E v e r y person who is convicted of an offence under
subsection (2) or (3) shall, on conviction, be liable for the first 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 relating 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.
Certain persons can act as advocate and solicitor
38. (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) the *Public Trustee, Director General of Insolvency,
*Assistant Public Trustee and Insolvency Officers acting
in the course of their duties under any law relating to
their offices;
*NOTE--Any references to the Public Trustee be constructed as the references to the Corporation­
see subsection 43(3) of Public Trust Corporation Act [Act 532].
NOTE--see section 70 Act A1197 which come into force on 1.10.2003.
Legal Profession
41
(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) any arbitrator or umpire lawfully acting under any written
law relating to arbitration, settling or attempting to settle
the dispute between the parties to the arbitration;
(g) any full-time member of the academic staff of the Faculty
of Law of the University of Malaya 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;
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(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.
Instrument and document to be endorsed
39.  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.
No cost payable to unauthorized person
40. (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.
PART V
MALAYSIAN BAR
Establishment of Malaysian Bar
41. (1) There is established a body corporate to be called the
"Malaysian Bar".
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(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.
Object and powers of the Bar
42. (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 or 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;
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(k) to afford pecuniary and other assistance to members or
former members of the Malaysian Bar and to the wives,
w i d o w s , 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 con-
cerned in the administration of law and justice in Malay-
sia;
(m) to encourage, establish and maintain good relations with
professional bodies of the legal profession in other coun-
tries 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 advan-
tageous;
(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.
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Members of the Malaysian Bar and Subscriptions
Advocate and solicitors members of the Bar
43.  Every advocate and solicitor shall without election, admis-
sion 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.
Eligibility of a member
44.  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.
Disqualification of a member
45.  Any member of the Malaysian Bar on ceasing to be qualified
for membership shall thereupon cease to be a member.
Annual subscription
46. (1) The amount of the annual subscription to be paid by members
of the Malaysian Bar shall, subject to subsections (4) and (5), be
fixed from time to time by the Bar Council.
(2) In fixing the amount of its subscription, the Bar Council
shall be at liberty to divide members into classes, and to provide
that different amounts shall be paid by different classes and for
different periods and generally to regulate and to vary from time
to time the subscriptions payable by members or by different
classes of members, as the Bar Council may think fair and reasonable.
(3) The Bar Council may from time to time fix levies payable
by members for any of the purposes of the Malaysian Bar.
(4) The total of the subscriptions payable under subsection (1),
the levies payable under subsection (3) and the annual contribution
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payable under section 80 shall not in any calendar year exceed
three hundred ringgit for each member without the approvaI of
two-thirds of the members present and voting in person at a
general meeting of the Malaysian Bar.
(5) Liability to pay any annual subscription to the Malaysian
Bar shall arise when the subscription has been fixed by the Bar
Council. All annual subscriptions to the Malaysian Bar shall be
paid by the 30 day of June of each year.
(6) An advocate and solicitor shall, if he pays his annual
subscription after the date mentioned in subsection (5), pay to the
Bar Council, in addition to the subscription due, an amount equivalent
to the subscription so due.
Disqualification for Membership of Bar Council,
Bar Committee, etc.
Disqualification for membership of the Bar Council, a Bar
Committee, or of any committee thereof
46A. (1) A person shall be disqualified for being a member of the
Bar Council or a Bar Committee, or of any committee of the Bar
Council or a Bar Committee--
(a) unless he is and has been an advocate and solicitor for
a period of not less than seven years, or for periods
which in the aggregate amount to not less than seven
years; or
(b) if he is a member of either House of Parliament, or of
a State Legislative Assembly, or of any local authority;
or
(c) if he holds any office in--
(i) any trade union; or
(ii) any political party; or
(iii) any other organization, body or group of persons
whatsoever, whether or not it is established under
any law, whether it is in Malaysia or outside Malaysia,
which has objectives or carries on activities which
can be construed as being political in nature, character
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or effect, or which is declared by the Attorney
General by order published in the Gazette, to be an
organization, body or group of person which has
such objectives or carries on such activities.
( 2 ) A n order made by the Attorney General under
subparagraph 1(c) (iii) shall not be reviewed or called in question
in any Court.
(3) Where a member of the Bar Council or a Bar Committee,
or of any committee of the Bar Council or a Bar Committee,
becomes disqualified under subsection (1), he shall immediately
thereupon be deemed to have vacated his membership thereof and
any office that he may hold therein.
The Bar Council
Establishment of Bar Council
47. (1) For the proper management of the affairs of the Malaysian
Bar and for the proper performance of its functions under this Act
there shall be a Council to be known as the Bar Council.
(2) The Bar Council shall consist of the following--
(a) the immediate past President and Vice-President of the
Malaysian Bar;
(b) the chairman of each State Bar Committee and the members
elected to represent each State Bar Committee pursuant
to section 70(7);
(c) members elected pursuant to section 50.
Period of holding office
48.  Subject to this Act, every member of the Bar Council shall
hold office for one year but shall be eligible for re-election.
Election of Members of the Bar Council Members
Election of Bar Council Members
49. (1) Every year at least one week before the month of October
the Bar Council shall inform all members of the Malaysian Bar
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that nominations for the election of the members of the Bar Council
referred to in section 47(2)(c) may be made and must reach the
office of the Malaysian Bar during the month of October.
(2) Every nomination of a candidate for election--
(a) shall be of a person qualified to be a candidate under this
Act;
(b) shall be in writing signed by not less than three members;
(c) shall name only one candidate and his consent shall be
endorsed thereon.
(3) The names of candidates for election nominated in accordance
with subsection (1) shall be sent to or deposited at the office of
the Malaysian Bar in the month of October in each year.
Annual election of Bar Council
50. (1) The annual election of members of the Bar Council referred
to in section 47(2)(c) shall, subject to section 51, be by postal
ballot.
(2) The Bar Council shall fix and publish during the first week
of November in every year and notify every member of the Malaysian
Bar by letter of--
(a) the names of the candidates nominated for election in
accordance with section 49;
(b) the number of persons for whom each member is entitled
to vote;
(c) the last day for the return of the postal ballot which shall
be the last day of November;
(d) the address to which the postal ballot shall be returned;
(e) the names of three scrutineers.
(3) The Bar Council shall at the same time also forward to
every member a ballot paper containing the names of all the candidates
nominated under section 49.
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(4) All envelopes containing ballot papers received by the Bar
Council shall be kept unopened and shall be delivered to the
scrutineers on the first working day after the last day of November.
(5) The scrutineers shall count the ballots and declare to the
Secretary of the Bar Council the persons elected not later than the
end of the first week of December of each year and thereupon the
Secretary of the Bar Council shall forthwith advise each State Bar
Committee of the persons so elected.
(6) Any accidental failure on the part of the Bar Council to
comply with this section or of any rules made with respect to
elections to the Bar Council shall not invalidate an election.
When election deemed to be election
51. (1) If only so many candidates are nominated for election to
the Bar Council as are required to be elected, those candidates
shall be deemed to be elected; if fewer, the candidates nominated
shall be deemed to have been elected and they together with the
o t h e r members of the Council shall appoint such further
members as may be necessary to satisfy the requirements of
paragraph 47(2)(c).
(2) If no nominations are made for the election of members of
the Bar Council the other members of the Bar Council shall appoint
as members of the Council twelve persons qualified to be candidates
under this Act.
(3) Members of the Council appointed under subsections (1)
and (2) shall, for the purposes of this Act, be deemed to be elected
members.
Bar Council when constituted
52.  Every incoming Bar Council constituted under this Part shall
take office on the conclusion of the annual general meeting next
following and shall hold office until the conclusion of the annual
general meeting in the following year.
Casual vacancy to be filled by qualified person
53. (1) Any casual vacancy arising amongst the elected members
of the Bar Council shall be filled by the Bar Council by the
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appointment of a person qualified under this Act, and the new
member shall hold office for the remainder of the term of office
of the member he replaces.
(2) Notwithstanding any vacancy in the Council the continuing
members of the Council may act if there is a quorum; and no act
done by or under the authority of the Bar Council shall be invalid
in consequence of any defect subsequently discovered in the election
or qualification of the members or any of them.
Officers
President, Vice-President and Secretary of the Bar
54. (1) There shall be a President, a Vice-President and a Secretary
of the Malaysian Bar to be elected by the Bar Council from amongst
its members; but no President, Vice-President or Secretary shall
hold office for more than two consecutive years, and in the event
of any casual vacancy arising in respect of the office of the President,
the Vice-President or the Secretary of the Malaysian Bar, the Bar
Council shall at its next meeting or as soon as may be thereafter
elect one of its members to fill the vacancy.
(2) The President or in his absence the Vice-President shall be
the Chairman of the Bar Council and shall preside at all meetings
of the Bar Council and of the Malaysian Bar.
(3) In the absence of both the President and the Vice-President,
the Bar Council shall elect a Chairman from amongst its members.
When a member of the Council to vacate office
A member of the Bar Council shall vacate his office if--
55.
(a) he is struck off the Roll or is suspended from practising
as an advocate and solicitor; or
(b) he becomes bankrupt or insolvent or enters into composition
with any creditor or takes or attempts to take the benefit
of any written law to liquidate his assets or affairs; or
(c) he becomes of unsound mind; or
(d) he resigns his seat on the Council; or