Malaysia legislation

Section 103B

of *LEGAL PROFESSION ACT 1976

Section 103B

(1A)

The Disciplinary Committee shall keep a note of the proceedings of the inquiry and submit the findings and the notes of the proceedings to the Disciplinary Board.

(2)

For the purposes of any inquiry under subsection (1) the

Disciplinary Committee may—

(a)

require the production for inspection by the Disciplinary

Committee of any book, document or paper which may relate to or be connected with the subject matter of the inquiry and may require any person to give information in relation to such book, document or paper;

(b)

require such person concerned to give all information in relation to any such book, document or paper which may be reasonably required by the Disciplinary Committee;

and

(c)

require any person whom it considers necessary to appear before it to give oral evidence relating to or connected with the subject matter of the inquiry.

(3)

Any—

Legal Profession 121

(a)

advocate and solicitor or any other person who, without reasonable excuse, refuses or fails to produce to the

Disciplinary Committee for inquiry any book, document or paper or fails to give any such information relating thereto under paragraph (2)(a) or (b); and

(b)

person who, without reasonable excuse, refuses or fails to appear to give oral evidence under paragraph 2(c), shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to a term of imprisonment not exceeding three months or to both.

(4)

Before the Disciplinary Committee commences its hearing in respect of any matter, the Disciplinary Committee shall post or deliver to the advocate and solicitor concerned—

(a)

a copy of any written application or complaint and of any statutory declaration or affidavit that has been made in support of the written application or complaint; and

(b)

a notice inviting the advocate and solicitor concerned, within such period being not less than fourteen days as may be specified in the notice—

(i)

to give to the Disciplinary Committee any written explanation he may wish to offer which may be additional to any previous written explanation he may have proffered under section 100; and

(ii)

to advise the Disciplinary Committee if he wishes to be heard by the Disciplinary Committee.

(5)

The Disciplinary Committee shall allow the time specified in the notice to elapse and give the advocate and solicitor concerned reasonable opportunity to be heard if he so desires and shall give due consideration to any explanation he may make.

122 Laws of Malaysia ACT 166

Findings and recommendations of the Disciplinary Committee

Section 103B — AKTA PROFESION UNDANG-UNDANG 1976 | mylaw.my