Malaysia legislation
Section 103E
Section 103E
(a)
pursuant to subsection 94(4);
(b)
under paragraph 100(1)(a), (3)(a) or subsection 100(7), (8)
or (15); or
(c)
under section 103D, shall have the right to appeal to the High Court within one month of the receipt of the notification of that order or decision.
(2)
(Deleted by Act A1444).
(3)
(Deleted by Act A1444).
(4)
The appeal shall be by way of an originating motion setting out the ground of appeal supported by affidavit.
(5)
Any appeal against the decision of the High Court shall lie to the Court of Appeal and thereafter to the Federal Court.
(6)
The Bar Council may in its discretion intervene at any stage of any appeal under this section.
(7)
The Disciplinary Board shall not be cited as a party in any appeal under this section.
(8)
(Deleted by Act A1444).
Objection from any decision, etc., other than final order or decision made by the Disciplinary Board
103EA. (1)
Where a party is aggrieved by any decision, order, ruling or direction of the Disciplinary Committee or the Disciplinary Board, other than a final order or decision made by the Disciplinary Board referred to in section 103E, the aggrieved party may file an objection in writing in respect of any such decision, order, ruling or direction with the Disciplinary Committee or Disciplinary Board, as the case may be, within fourteen days of being duly notified of the decision, order, ruling or direction.
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(2)
Where the objection raised is in respect of the composition or participation of any member of the Disciplinary Committee or the
Disciplinary Board, as the case may be, in meetings, proceedings or inquiries before the Disciplinary Committee or Disciplinary Board, the procedures to deal with the objection shall be as set out in the rules made under this Part.
(3)
After the objection referred to in subsection (2) has been dealt with, the Disciplinary Committee or the Disciplinary Board, as the case may be, shall proceed with the inquiry or proceeding until its completion.
(4)
Where the objection raised is not related to matters referred to in subsection (2), the Disciplinary Committee or Disciplinary Board, as the case may be—
(a)
shall make such decision, order, ruling or direction on the objection as it deems just; and
(b)
shall proceed with the inquiry or proceeding until its completion.
(5)
Where the inquiry or proceeding referred to in subsection (3)
and paragraph (4)(b)—
(a)
is before the Disciplinary Committee, after the completion of the inquiry or proceeding, the Disciplinary Committee shall make its recommendation to the Disciplinary Board pursuant to section 103C; or
(b)
before the Disciplinary Board, after the completion of the inquiry or proceeding, the Disciplinary Board shall make its order or decision pursuant to section 103D.
(6)
The order or decision of the Disciplinary Board under paragraph (5)(b) shall be suspended from coming into effect for thirty days from the date of the order or decision or to such further time as the Court may allow to enable an aggrieved party to apply to the Court for a review.
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(7)
If an aggrieved party does not apply for review, the order or decision of the Disciplinary Board shall take effect immediately upon the expiration of the period of thirty days.
(8)
Nothing in this section shall preclude an aggrieved party from raising any objections under this section as grounds of appeal in any appeal he may file under section 103E.
Costs against frivolous or vexatious application or complaint
103EB. (1) Where the Disciplinary Board—
(a)
determines that the application or complaint be dismissed under paragraph 100(1)(a) or (3)(a) or subsection 103D(1);
and
(b)
further records the opinion that the application or complaint was frivolous or vexatious, the advocate and solicitor may, by originating summons to be heard before a judge, ask the Court to order that costs of the application or complaint shall be paid by the person who made the application or complaint.
(2)
After hearing the summons, the Court may determine the quantum of such costs, and may order that those costs or any part thereof shall be paid by that person.
(3)
Any order made by the Court pursuant to this section shall be enforceable in the same manner as any other order for costs made in proceedings in the Court.
Power to make rules