Malaysia legislation

Section 72

of SYARIE LEGAL PROFESSION (FEDERAL TERRITORIES) ACT 2019

Section 72

(a)

all deeds, wills, documents constituting or evidencing the title to any property, papers, books of account, records, vouchers and other documents in the possession or control of the Peguam Syarie or his firm, partner or employee or relating to any trust of which he is a sole trustee or co-trustee with one or more of his partner or employee;

and

(b)

all sums of money due from him or his firm to his client, or held by him or his firm on behalf of his clients or subject to any such trust under paragraph (a).

(2)

If the Peguam Syarie fails to give an explanation that satisfies the Majlis Peguam Syarie, the provision of the Third

Schedule to the Act shall apply to the Peguam Syarie.

(3)

In subsection (1), “the material date” means the latest of whichever of the following dates:

(a)

the date when the order of the Disciplinary Board or the

Syariah High Court by or in pursuance of which the

Peguam Syarie’s name is removed or struck off from the Register, or the Peguam Syarie is suspended from practice, is to take effect;

(b)

the last date on which an appeal against the order in paragraph (a) may be lodged; or

(c)

the date on which an appeal under paragraph (b) is dismissed or withdrawn.

(4)

In this section and the Third Schedule to the Act, the words

“trust” and “trustee” have the same meaning as in subsection 65(4).

54

Act 814

Power of Majlis Peguam Syarie to take possession of documents, etc., from Peguam Syarie

Section 72 — SYARIE LEGAL PROFESSION (FEDERAL TERRITORIES) ACT 2019