Malaysia legislation
Section 88A
Section 88A
(a)
has been found guilty by a court of law of any offence involving dishonesty, misuse of his client’s moneys or dishonesty towards a client or in respect of any property belonging to a client;
(b)
has been disbarred, struck off, suspended or censured in his capacity as a legal practitioner in any other country;
(c)
in respect of whom a complaint has been made to the Bar
Council concerning any dishonest act committed by him in his capacity as an advocate and solicitor;
(d)
has left the country or has not attended at his office in such circumstances that the Bar Council may reasonably presume that he has absconded; or
(e)
is otherwise incapable, from infirmity of body or mind or any other cause, of effectively performing the functions of an advocate and solicitor, and the Bar Council considers that it would be in the public interest or in the interest of his clients or of the profession that such advocate and solicitor be suspended from practice, the Bar Council may apply by summons to the Chief Judge ex parte for an order suspending such advocate and solicitor from practice until further order.
(2)
The Chief Judge may order that the application be served on such advocate and solicitor.
Legal Profession 103
(3)
The Chief Judge if satisfied that such advocate and solicitor should be suspended from practice may make an order to that effect until any further order of the Court.
(4)
Such advocate and solicitor may within one month of the making of the order appeal against that order to the Federal Court whose decision shall be final.
(5)
There shall be no stay of execution of the order pending appeal.
(6)
Unless the order is reversed upon appeal, subsections 88(2) and
(3)
shall apply mutatis mutandis to the advocate and solicitor in question; and for the purpose of subsection (4) of that section the expression “the material date” means the date of the order.
(7)
The Bar Council shall as soon as possible refer to the Disciplinary
Board a complaint against the advocate and solicitor in question.
Taking of possession of documents in the possession of advocate and solicitor