Malaysia legislation

Section 12e

of ADVOCATES ORDINANCE (SABAH) (AMENDMENT) ACT 2017

Section 12e

Board shall serve on the advocate concerned—

(a)

may procure and receive all evidence and examine any person as witness as the

Disciplinary Board deems necessary or desirable;

(b)

may require the evidence of any witness to be given on oath or affirmation, such oath or affirmation to be that which could be required of the witness if he was giving evidence in the High Court;

(c)

may require the production for inspection of any book, document or paper which may relate to or be connected with the matter and may require any person to give information in relation to such book, document or paper;

(d)

may require such person concerned to give all information in relation to any such book, document or paper which may be reasonably required by the Disciplinary

Board;

(e)

may require any person whom the Disciplinary

Board considers necessary to appear before the Disciplinary Board to give oral evidence relating to or connected with the complaint;

and

(f)

may issue a subpoena to any person to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession at the request of—

(i)

the Law Society or the applicant or the person making the complaint;

and

(ii)

the advocate or pupil to whom the written application or complaint relates.

(2)

Any person giving evidence before the

Disciplinary Board shall be legally bound to tell the truth, whether or not such evidence is made wholly or partly in answer to any question.

(3)

No fees or other charges shall be payable for any subpoena issued by the Disciplinary Board under subsection (1).

(4)

The subpoena referred to in subsection (1)

shall, unless the Disciplinary Board otherwise directs, be served personally on the person concerned and may be enforced as if it is a subpoena issued in connection with a civil action in the High Court.

(5)

Any—

(a)

advocate or any other person who, without reasonable excuse refuses or fails to produce to the Disciplinary Board for inquiry any book, document or paper or fails to give any such information relating thereto under paragraph (1)(a) or (b); and

Advocates Ordinance (Sabah) (Amendment)

(b)

person who, without reasonable excuse, refuses or fails to appear to give evidence under paragraph (1)(f), commits an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding three months or to both.

Failure to attend proceedings.