Malaysia legislation
Section 83
Section 83
(a)
struck off the Roll otherwise than at his own request in any part of Malaysia or in Singapore or elsewhere and remains struck off;
(b)
suspended from practising as an advocate and solicitor in any part of Malaysia or in Singapore or elsewhere and remains suspended;
(c)
convicted of an offence involving dishonesty or fraud or has been found guilty of an offence under the *Prevention of Corruption Act 1961 [Act 57];
(d)
convicted of an offence under section 15A of the Minor
Offences Act 1955 [Act 336] or under this Act;
(e)
a person in respect of whom an order under subsection (2)
has been made; or
(f)
employed as a public officer:
Provided that paragraph (f) shall not apply to any public officer who is an advocate and solicitor or a qualified person.
(2)
On application made by or on behalf of the Attorney General or the Malaysian Bar, the Court may make an order directing that, as from a date to be specified in the order, no advocate and solicitor shall in connection with his practice employ or remunerate any person who—
*NOTE—This Act has since been repealed by Anti-Corruption Act 1997 [Act 575] and later repealed by the Malaysian Anti-Corruption Commission Act 2009 [Act 694] –see section 73 of Act 694.
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(a)
has been a party to any act or default of an advocate and solicitor in respect of which a complaint has been or could have been made against him under this Act; or
(b)
has so conducted himself whilst employed by an advocate and solicitor that, had he himself been an advocate and solicitor, his conduct might have formed the subject of a complaint against him under this Act.
(3)
Every application under subsection (2) shall be served not less than ten days before the application is to be heard upon the person in respect of whom it is made and upon his employer or previous employer who is an advocate and solicitor.
(4)
Every order made under subsection (2) shall be filed in a file to be kept for this purpose by the Registrar which may be inspected by any advocate and solicitor without fee.
(5)
Before an advocate and solicitor employs or remunerates any person (other than an advocate and solicitor or a qualified person) in connection with his practice as such, he shall require that person to make a statutory declaration stating that he is not an undischarged bankrupt and that he does not come within the class of persons enumerated in paragraphs (1)(a) to (f) and that he is not a person in respect of whom an order has been made under subsection (2).
(6)
Any advocate and solicitor who acts in contravention of this section may be liable to disciplinary proceedings.
Advocate and solicitor acting for developer not to act for purchaser in housing development