Malaysia legislation
Section 4
Section 4
Qualifications for admission of advocate
(a)
he is a member of the Bar of England, Scotland,
Northern Ireland or the Republic of Ireland;
(b)
[Deleted by Act A1186].
(c)
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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(d)
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.
(1A)
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—
(a)
of not less than twelve months; or
(b)
if he has obtained a certificate from the University of
Malaya or the National University of Singapore that he has satisfactorily completed a post-graduate course of instruction in law organized by the University, of not less than six months.
[Am. Act A733.]
(1B)
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)
there are special circumstances justifying the exemption;
(b)
the applicant has for a period of not less than six months been a pupil, or read in the chambers, of a legal practitioner in active private practice, in any territory within the
Commonwealth, of not less than five years’ standing; or
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(c)
the applicant has satisfactorily completed a post-graduate course of instruction in law organized by any institution that would render him eligible to be admitted to practise as a legal practitioner (by whatever name called) in any territory within the
Commonwealth.
[Am. Act A733; Am. Act A885.]
(2)
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—
(a)
that at the date of his application he is not disbarred, struck off (other than on his own application), suspended or in any other manner disentitled to practise as an advocate or legal practitioner, by whatsoever name and style designated, in any territory within the Commonwealth and is not subject to any present or pending disciplinary proceedings in connection with his practice as an advocate or legal practitioner and has not been convicted in and is not subject to any pending or present criminal proceedings involving dishonesty in any territory within the
Commonwealth;
(b)
that he is not an undischarged bankrupt or the subject of any bankruptcy proceedings within the Commonwealth; and
(c)
that he has Sarawak connections.
[Am. Act A733; Am. Act A885.]
Application to be admitted to be an advocate