Malaysia legislation
Section 93
Section 93
Disciplinary Board
(2)
The Disciplinary Board shall have the same powers as those exercised by the Bar Council before the coming into force of this Part.
(3)
The Disciplinary Board shall consist of the following:
(a)
the chairman of the Disciplinary Board appointed by the
Chief Judge after consultation with the Bar Council for a term of two years and such person shall be a retired Judge of the High Court or the Court of Appeal or the Federal
Court or any other person who is qualified to be a Judge of the High Court or the Court of Appeal or the Federal
Court:
Provided that the Chief Judge may, after consultation with the Bar Council, extend such term of appointment for another two years and may reappoint for another period not exceeding two years;
(b)
the President of the Malaysian Bar or any member of the
Bar Council as his representative; and
(c)
fifteen practitioner members of the Malaysian Bar of not less than ten years’ standing appointed by the Chief Judge
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for a term of two years after consultation with the Bar
Council:
Provided that the Chief Judge may, after consultation with the Bar Council, extend such term of appointment for a period not exceeding a further two years.
(3A)
(Deleted by Act A1444).
(3B)
The qualification referred to in paragraph (3)(a) shall not in any way relate to the age of the person.
(4)
The quorum of the Disciplinary Board shall be seven members of whom one member shall be from paragraph (3)(a), one member from paragraph (3)(b) and five members from paragraph (3)(c):
Provided that the number of members from paragraph (3)(c) may be increased accordingly if the provisions of subsection (4A) or (4C)
applies in order to maintain the quorum at seven members.
(4A)
The chairman of the Disciplinary Board shall preside at the meetings of the Disciplinary Board and if the chairman disqualifies himself pursuant to subsection (4C) or if the chairman is unable, through illness or any other cause, to attend the meeting, the President of the
Malaysian Bar shall preside at the meeting.
(4B)
If the President of the Malaysian Bar also disqualifies himself from deliberating on any complaint pursuant to subsection (4C) or is unable, through illness or any other cause, to attend the meeting, the members present shall elect one of their number to preside at the meeting for the purposes of the complaint.
(4C)
The Chairman of the Disciplinary Board, the President of the
Malaysian Bar and any other member of the Disciplinary Board shall, where it is necessary in the interest of justice, disqualify himself from deliberating on any complaint.
(5)
The Secretary to the Disciplinary Board shall be a full time employee of the Bar Council appointed under section 98 and such person shall be—
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(a)
an advocate and solicitor of not less than five years’
standing; or
(b)
an advocate and solicitor of not less than three years’
standing and who has, in addition, worked with the Bar
Council or the Disciplinary Board for not less than two years.
(6)
The Disciplinary Board may make rules relating to its quorum and to regulate its procedure.
Power of Disciplinary Board to strike off the Roll, suspend for misconduct, etc.