Malaysia legislation

Section 73

of SYARIE LEGAL PROFESSION (FEDERAL TERRITORIES) ACT 2019

Section 73

Peguam Syarie instructed by his client or by himself—

(a)

a complaint is made to the Majlis Peguam Syarie that there has been undue delay on the part of a Peguam Syarie in connection with any matter in which the Peguam

Syarie or his firm has been instructed on behalf of a client or any matter which relates to the administration of a trust of which that the Peguam Syarie is the sole trustee or co-trustee with one or more of his partner or employee;

(b)

the Majlis Peguam Syarie by notice in writing require the Peguam Syarie to give an explanation in respect of that matter;

(c)

the Peguam Syarie has, within a period of not less than twenty one-days specified in the said notice, failed to give an explanation in respect of that matter which the

Majlis Peguam Syarie regard as sufficient and satisfactory;

and

(d)

the Peguam Syarie has been notified in writing by the Majlis

Peguam Syarie that he has failed to give explaination, the provision of the Third Schedule to the Act except paragraph 10

shall apply to the Peguam Syarie, but as regards the documents specified in paragraph 1 of the Third Schedule to the Act and the sums of money specified in paragraph 12 of the Third Schedule to the Act, only in so far as the documents and money relate to the subject matter of the complaint.

(2)

The Majlis Peguam Syarie may, for the purposes of paragraph 9 of the Third Schedule to the Act, take copies of, or extract from, documents which relate to the matter complained of and to other matters in the practice of the Peguam Syarie.

(3)

In this section, the words “trust” and “trustee” have the same meaning as in subsection 65(4).

Syarie Legal Profession (Federal Territories)

55

Power of Majlis Peguam Syarie to take possession of documents, etc., from Peguam Syarie when he is undischarged bankrupt, etc.