Malaysia legislation
Section 8
Section 8
(a)
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
(b)
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.]
(2)
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.]
(a)
when the Federal Court is exercising its original jurisdiction—
(i)
if he is representing the Government of the
Malaysia or of any State thereof;
(ii)
if he is an advocate in Sabah and is representing a person who is normally resident in Sabah;
9
(iii)
[Deleted].
(iv)
if he is an advocate and solicitor in the States of Malaya and is representing a person who is normally resident in the States of Malaya; or
(b)
when the Federal Court is exercising its appellate jurisdiction, if the cause of action, the subject-matter of the appeal, was tried—
(i)
in Sabah, the advocate appearing is a Sabah advocate;
(ii)
[Deleted].
(iii)
in the States of Malaya, the advocate appearing is a States of Malaya advocate and solicitor.
[Am. Act A885.]
Certificate to practise in Sarawak