Advocates Ordinance, 1953

any of the functions which in England may be performed by a member of the Bar as such; or

any of the functions which in England may be performed by a Solicitor of the Supreme Court of Judicature as such;

“Registrar” means the Registrar of the High Court stationed in Kuching and includes a Deputy Registrar;

“roll” means the roll of advocates kept in accordance with section 3.

A person shall be deemed to have Sarawak connections for the purposes of this Ordinance if, and only if, he

he is a member of the Bar of England, Scotland,

Northern Ireland or the Republic of Ireland;

[Deleted by Act A1186].

he is a solicitor of the Supreme Court in England,

Northern Ireland or the Republic of Ireland or a Solicitor in

Scotland;

(ca) he has been conferred any of the degrees specified in the Schedule;

(cb) he has been awarded a Certificate of Legal Practice by the Qualifying Board established under the Legal Profession Act 1976 [Act 166]; or

[Am. Ord. No. 3/60; Am. Act A1186.]

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he has been admitted to practise as a legal practitioner

(by whatever name called) by a Supreme Court or High Court exercising jurisdiction in any place within any territory within the

Commonwealth.

Subject to subsection (1B), no person having any of the qualifications mentioned in subsection (1) shall be admitted as an advocate unless he has been a Magistrate of the First Class in the State of Sarawak for a period of not less than twelve months or he has been a pupil, or read in the chambers, of the State Attorney General, or of an advocate who has been lawfully practising in some part of

Malaysia for a period of not less than five years immediately prior to the person becoming his pupil or commencing to read in his chambers, for a period—

The Chief Judge may, in his sole discretion, exempt a person from the whole or part of any period of pupillage or reading in chambers, upon application made to him supported by satisfactory evidence that—

A person having any of the qualifications mentioned in subsections (1) and (1A) shall be eligible to be admitted as an advocate if he satisfies the Chief Judge—

proof of his qualifications and of his eligibility under section 4(2); and

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two recent testimonials as to his good character.

[Am. Ord. No. 3/60; Am Act A885.]

A copy of the application and of the documents in support thereof shall be delivered to the State Attorney General who, and the

Advocates’ Association of Sarawak which, shall be entitled to be heard on any such application.

[Mod. F.L.N. 435/65; Am. Act A733; Am. Act A885.]

Admission as advocate

eligible under section 4 to be admitted as an advocate;

and

in all respects a fit and proper person to be so admitted, he shall by order direct that upon payment of the prescribed fee the

Registrar shall cause the name of the applicant to be entered on the roll.

[Am. Ord. No. 3/60; Am. Act A885.]

Enrolment

The Registrar shall from time to time and at least once in every year publish in the Gazette the names of all persons on the roll.

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Right to practise in Sarawak

the Attorney General of the Federation and the State

Attorney General shall be entitled to the same rights and privileges as are enjoyed by the Attorney General in the Courts in

England; and

no advocate, other than the State Attorney-General, who has the rank of Queen’s Counsel shall perform any of the functions which, in England, are performed by a solicitor and are not performed by a barrister; but any advocate who has the rank of Queen’s Counsel shall not be precluded by virtue of anything contained in this Ordinance from continuing to engage in partnership with another advocate by reason only that such last mentioned advocate performs any functions as aforesaid.

[Mod. F.L.N. 435/65; Am. Act A885.]

Notwithstanding subsection (1), a person who is an advocate in Sabah or an advocate and solicitor in the States of Malaya may appear and plead before the Federal Court when sitting in

Sarawak—

[Mod. F.L.N. 435/65; Am. Reprint Commissioner;

Am. Act A885.]

upon the admission of any person as an advocate, the

Registrar shall grant him free of charge a certificate to practise up to and including the 31st day of December next following the date of his admission.

[Deleted].

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Exceptions

[Deleted].

any person who possesses any of the qualifications mentioned in section 4(1) may, in the discretion of the Chief

Judge and upon payment of the prescribed fee, be granted a temporary licence to practise notwithstanding that he does not fulfill any of the conditions mentioned in section 4(2)(c) if the

Chief Judge is satisfied that such person intends to reside in

Sarawak and practise in the place of any advocate whose name is on the roll and who has been practising in Sarawak for a period of not less than twelve months: a temporary licence shall not be granted for any period in excess of six months nor shall the period of its validity be expended beyond six months;

the Chief Judge or in his absence from Sarawak a

Judge may in his absolute discretion upon application by or on behalf of any person who possesses any of the qualifications mentioned in section 4(1) grant permission to such person to practise in any one case or matter subject to any conditions he may think fit and to the payment of the prescribed fee if—

such person has been instructed by a local advocate; and

if he takes instructions in any case, except from the party on whose behalf he is retained, or some person who is the recognised agent of such party, or some servant, relation or friend authorized by the party to give such instructions;

if he is guilty of fraudulent or improper conduct in the discharge of his professional duty or knowingly misleads or allows the court to be misled;

[Sub. Ord. No. 3/60.]

if he tenders, gives, or, out of any fee paid or payable to him for his services, consents to the retention of, any gratification for procuring or having procured the employment in any legal business of himself or any other advocate;

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if he directly or indirectly procures, or attempts to procure, the employment of himself as advocate through or by intervention of any person to whom any remuneration for obtaining such employment has been given by him;

if he has been convicted of a criminal offence implying a defect of character which unfits him for his profession;

if he has ceased to be a person entitled to be admitted to be an advocate as a result of disciplinary proceedings taken against him in the country in which he qualified, or in any country in which he has practised as a legal practitioner, by whatever name called;

if he does any act which, if done in England, would render him liable to be disbarred or struck off the roll of the court, or suspended from practice, if a barrister or solicitor in England;

if he has procured his admission as an advocate by any mis-statement, fraud or misrepresentation;

if, being an advocate, he has practised in Sarawak without being in possession of a valid certificate to practise;

if he practises in Sarawak when not entitled to under section 14(1);

if he has been guilty of a breach of any rules made under section 17 (a), (b) or (c):

Provided that no such order shall be made until the advocate or person has had an opportunity of showing cause against such order.

[Am. Act A692; Am. Act A733.]

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Striking off and suspension of advocate if he is struck off or suspended in other places in Malaysia 12A. Notwithstanding section 13, the High Court may, at its discretion, upon an application, supported by satisfactory evidence in writing, made to it by the Inquiry Committee established pursuant to section 17, strike the name of an advocate off the roll of advocates or suspend an advocate from practising in Sarawak if it is satisfied on the evidence given that the advocate who is also an advocate and solicitor in West Malaysia or an advocate in Sabah has been struck off the roll or suspended for improper conduct or practice in his capacity as an advocate and solicitor or an advocate in any of those places and has not been restored to the roll.

[Am. Act A692.]

Procedure

Proceedings to suspend, or withdraw from, any person entitled to appear and plead before the Federal Court by virtue of section 8(2) and any person referred to in section 10(b) the right to practise in Sarawak shall be commenced by an application to a Judge in Chambers for a rule to issue to the person to show cause why his right to practise in Sarawak should not be suspended or withdrawn, as the case may be.

[Am. Ord. No. 3/60; Mod. F.L.N. 435/65; Am. Act A855.]

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An application under subsection (1) or (2) may be made by the Inquiry Committee established pursuant to section 17, or by any person aggrieved by any action of the advocate or person complained against.

[Mod. F.L.N. 435/65; Am. Act A693; Am Act A885.]

In the event of a rule being granted, further proceedings thereunder shall be in open court.

Appeals

Nothing in this section shall be construed so as to deprive an advocate of any right to appeal which he may have to the Yang di-Pertuan Agong.

[Sub. Ord. No. 3/60; Mod. F.L.N. 435/65.]

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Agreements by advocates

When a suit is brought to enforce any such agreement, if the agreement is not proved to be fair and reasonable, the court may reduce the amount payable thereunder, or order it to be cancelled and the costs, fees, charges and disbursement, in respect of the business done, to be ascertained in the same manner as if no such agreement had been made.

Such an agreement shall exclude any further claim of the advocate, beyond the terms of the agreement, with respect to any services, fees, charges or disbursements in relation to the conduct and completion of the business in respect of which the agreement is made, except such services, fees, charges or disbursements, if any, as are expressly excepted by the agreement.

A provision in any such agreement that the advocate shall not be liable for negligence, or that he shall be relieved from any responsibility to which he would otherwise be subject as such advocate, shall be wholly void.

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Offences

acts as an advocate or agent for suitors, or who as such advocate sues out any writ or process, or commences, carries on, solicits or defends any action, suit or other proceeding in the name of any other person, or in his own name, in any of the courts of Sarawak, or draws or prepares any instrument relating to any proceedings in any of the courts of Sarawak;

wilfully and falsely pretends to be, or takes or uses any name, title, addition or description implying that he is, duly qualified to act as an advocate, or that he is recognised by law as so qualified; or

either directly or indirectly for, or in expectation of, any fee, gain or reward, draws or prepares any instrument relating to immovable or movable property, shall be liable to a fine of one thousand ringgit.

[Am. Ord. No. 16/57; Am. Act A855.]

Nothing in section 8 or subsection (1) shall prevent any litigant in person, or any person having the right to appear under any rules of court or any other written law for the time being in force, from attending pleading and doing any act with regard to any proceeding in which he is a litigant in person, or in which he has a right to appear.

[Am. Ord. No. 2/57.]

This section shall not apply to—

regulating the practice and etiquette of the profession in Sarawak;

regulating the method by which accounts shall be kept relating to any moneys received from, or on behalf of, clients and the audit of such accounts;

fixing or taxing costs to be charged as between advocate and client;

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