Section 16 — Advocates Ordinance, 1953

(a)

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;

(b)

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

(c)

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.]

(2)

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.]

(3)

This section shall not apply to—

(a)

the Attorney General of the Malaysia, any State

Attorney General, State Advocate General or Legal Adviser of a

State, or any person acting under the authority of any of them;

(b)

any public officer drawing or preparing instruments in the course of his duty;

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(c)

any person employed merely to engross any instrument or proceeding;

(d)

any person who draws or prepares—

(i)

a will or other testamentary instrument;

(ii)

an agreement under hand only;

(iii)

a letter or power of attorney;

(iv)

a transfer of stock containing no trust or limitation thereof;

(e)

any person who on behalf of an illiterate—

(i)

writes a petition or letter addressed to, or intended to come to the notice of, any public officer or court; or

(ii)

completes any document or form prescribed by any written law.

Rules