Malaysia legislation
Section 12
Section 12
Sarawak
Any advocate may have his name struck off the roll of advocates, be suspended from practising in Sarawak, be fined not exceeding five thousand ringgit, be censured or be awarded costs to or against him, and 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person referred to in section 10(b) may be suspended from practising in Sarawak, or his right to practise in Sarawak withdrawn, by order of a Judge for any of the following causes:
[Am. Ord. No. 3/60; Mod. F.L.N. 435/65; Am. Act A733;
(a)
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;
(b)
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.]
(c)
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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(d)
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;
(e)
if he has been convicted of a criminal offence implying a defect of character which unfits him for his profession;
(f)
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;
(g)
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;
(h)
if he has procured his admission as an advocate by any mis-statement, fraud or misrepresentation;
(i)
if, being an advocate, he has practised in Sarawak without being in possession of a valid certificate to practise;
(j)
if he practises in Sarawak when not entitled to under section 14(1);
(k)
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