Malaysia legislation
Section 103C
Section 103C
(a)
that no cause for disciplinary action exists and that the application or complaint be dismissed;
(b)
that cause for disciplinary action exists but is not of sufficient gravity to warrant any punishment other than a reprimand or censure or that the circumstances are such that the advocate and solicitor should only be reprimanded or censured; or
(c)
that cause for disciplinary action exists and is of sufficient gravity to warrant the advocate and solicitor to be subject to one or more of the following penalties or punishments:
(i)
reprimand or censure;
(ii)
imposition of a fine not exceeding fifty thousand ringgit;
(iii)
suspension of the advocate and solicitor from practice, or in the case of a foreign lawyer, recommendation to the Bar Council for suspension of registration, for such period not exceeding five years as the Disciplinary Committee deems appropriate in the circumstances; or
(iv)
striking the advocate and solicitor off the Roll or in the case of a foreign lawyer, recommendation to the Bar Council for revocation of the registration of the foreign lawyer.
(2)
The Disciplinary Committee may in appropriate cases in addition to its recommendation of an appropriate penalty or punishment recommend that the Disciplinary Board make an order of restitution by the advocate and solicitor of the complainant’s monies if
Legal Profession 123
it is established that such monies were or are held by the advocate and solicitor in his professional capacity and the complainant is entitled to the return of such monies or part thereof.
Consideration by the Disciplinary Board of the report of the
Disciplinary Committee