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Updated 15 Oct 2026, 18:18

Laws
Advocates Ordinance (Sabah) (Amendment) Act 2017
s 17

In forceAs enactedCurrent version · As enactedRead it in Bahasa Malaysia

Contents

Advocates Ordinance (Sabah) (Amendment) Act 2017

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1Short title and commencement
2New Part I
3Amendment of section 2
4Deletion of section 3
5New Part II
6Amendment of section 4
7New section 4a
4a(1) The Chief Judge may, upon application made in Chambers by a master at the commencement of the pupillage of the master’s pupil, make an...
8Amendment of section 5
9Substitution of section 7
7(1) The Registrar shall keep a roll of advocates with the dates of their respective admission.
10New Part III
7a(1) A body corporate which shall be known as the “Sabah Law Society” is established with perpetual succession and a common seal.
7b(1) The common seal of the Law Society shall bear a device as approved by the Law Society and the seal may from time to time be broken, cha...
7c(1) Subject to sections 7d and 7e, the Law Society shall at any time after the month of June in the preceding year issue an Annual Certific...
7d(1) Subsection (2) shall have effect in relation to an application for an Annual Certificate made by an advocate—
7eAn advocate who is—
7f(1) The Law Society shall maintain a register of firm names under which advocates practise.
11New Part IV
12Amendment of section 8
13Amendment of section 9
14New sections 9a and 9b
9a(1) An advocate shall not apply for a certificate to practise—
9b(1) Upon the issue of every certificate to practise the Registrar shall cause to be entered in an annual register known as the “Register of...
15Substitution of section 10
10(1) Notwithstanding anything contained in this Ordinance, the Chief Judge may in his absolute discretion upon application by or on behalf o...
16New Part V
17The Ordinance is amended by deleting section 12.
18Substitution of section 12a
12a(1) A Disciplinary Board is established for the purposes of disciplinary proceedings under this Part.
19The Ordinance is amended by inserting after section 12a the following sections: “Power of Disciplinary
12bBoard to strike off the roll, suspend for misconduct, etc.
12c(1) Any complaint concerning the conduct of any advocate or of any pupil shall be in writing and shall be made or referred to the Disciplin...
12d(1) Before the Disciplinary Board commences its hearing in respect of any matter, the Disciplinary Board shall serve on the advocate concer...
12eBoard to procure evidence, etc.
12f(1) If a person having been duly served with a subpoena to attend the proceedings referred to in paragraph 12e(1)(f) fails to do so, the Di...
12g(1) Upon conclusion of the inquiry of any matter referred to it, the Disciplinary Board shall record its finding in relation to the facts o...
12h(1) Any person aggrieved by any final order or decision of the Disciplinary Board may appeal to the High Court within one month from the da...
12i(1) The Disciplinary Board may, from time to time, make rules to regulate the procedure pertaining to disciplinary proceedings.
12j(1) A fund which shall be known as the “Discipline Fund” is established and shall be administered and maintained by the Law Society.
12k(1) There shall be paid into the Discipline Fund the contribution mentioned under subsection 12j(2) and any fine, penalty or any other paym...
12lNo action, suit, prosecution or other proceeding shall be brought, instituted or maintained in any court against any members of the Discipl...
12mFor the purposes of disciplinary proceedings under this Part, “advocate” includes a foreign lawyer registered under section 14j.”.
20Deletion of section 13
21New Part VI
13aThe objects and powers of the Law Society shall be—
13bEvery advocate shall without election, admission or appointment become a member of the Law Society and shall remain a member under this sec...
13c(1) The amount of the annual subscription shall be paid by every ordinary member of the Law Society and shall, subject to subsections (3) a...
13d(1) The management of the Law Society and of its funds shall be vested in the Executive Committee of the Law Society.
13e(1) Without prejudice to the general powers conferred by section 13a, or the specific powers to make rules conferred by any other provision...
13fThe Executive Committee shall be entitled, without payment of any fee, to inspect the file of proceedings in bankruptcy relating to any adv...
13gPower to accept gifts, etc.
13hThe Law Society may be represented or appear in any court by any advocate whether he is a member of the Executive Committee or not. Meeting...
13i(1) The Executive Committee shall meet from time to time whenever necessary but shall meet at least once in every three months, and the Pre...
13jNo fees shall be paid to any member of the Executive Committee but a member may be reimbursed from the funds of the Law Society for expense...
13k(1) The Law Society shall each year convene an annual general meeting of the Law Society to be held in June or soon thereafter—
13l(1) The Executive Committee may convene a general meeting of the Law Society other than the annual general meeting at any time the Executiv...
13mAt least two weeks’ notice of a general meeting shall be sent to all members with an agenda of the matters to be discussed. Quorum of gener...
13n(1) The quorum for a general meeting of the Law Society shall be fifty ordinary members of the Law Society or twenty-five percent of the nu...
13o(1) At every general meeting, every member present in person shall have one vote and where there is equality of votes, the Chairman of that...
13p(1) Subject to the direction of the general meeting of members of the Law Society, the Executive Committee shall have power to expend the f...
13qThe names of the members of the Executive
22Deletion of section 14
23New Parts VII and VIII
14aIn this Part unless the context otherwise requires—
14b(1) Any foreign law firm may practise in Sabah provided it is licensed under this Part.
14c(1) A Selection Committee is established to make recommendations to the Law Society for the granting of licence for international partnersh...
14d(1) The State Attorney-General may, in respect of the member appointed under paragraph 14c(2)(c), appoint a person to be an alternate membe...
14e(1) Meetings of the Selection Committee shall be co-chaired by the State Attorney-General and the President of the Law Society.
14f(1) A foreign law firm and a Sabah law firm may apply jointly to the Law Society for an international partnership licence if they satisfy s...
14g(1) A foreign law firm may apply for a qualified foreign law firm licence if it satisfies such conditions as the Law Society may deem fit t...
14h(1) A Sabah law firm may apply to the Law Society for a licence to employ a foreign lawyer to practise in the permitted practice areas in t...
14i(1) The Law Society may, by notice in writing, suspend or revoke the licence granted under this Part if the Law Society is satisfied that t...
14j(1) A foreign lawyer may practise in an international partnership, a qualified foreign law firm or a Sabah law firm, or in any other manner...
14k(1) The Law Society may, by notice in writing, suspend or revoke the registration of a foreign lawyer under section 14j if the Law Society...
14l(1) International partnerships, qualified foreign law firms and registered foreign lawyers shall comply with such laws, rulings and directi...
14mInternational partnerships, qualified foreign law firms and registered foreign lawyers shall adhere to all the rules and rulings of the Law...
14nPower to require documents, etc.
14oThe Law Society may, with the approval of the State Attorney-General, make rules to provide for—

24Substitution of section 15
15(1) Subject to the provisions of this Ordinance, no person shall practise as an advocate or do any act as an advocate unless his name is on...
25Amendment of section 16
26New sections 16a, 16b, 16c, 16d and 16e
16aOn the death of an advocate who immediately before his death was practising as an advocate in his own name or as a sole advocate in a firm...
16b(1) Where an advocate practises in his own name or as a sole advocate under a firm name and he—
16c(1) Where—
16d(1) The Law Society may, with the approval of the State Attorney-General, make rules concerning the taking out of professional indemnity fo...
16e(1) A “Compensation Fund” shall be maintained and administered by the Law Society in accordance with this section.
27Amendment of section 17
28Amendment of section 18
29Amendment of Schedule
30New Schedule
1The Law Society—
2If any person having possession or control of any such document fails to comply forthwith with any such requirement—
3Upon taking possession of such documents, the Law Society shall serve on the advocate and every person—
4Any requirement of notice under this Schedule shall be made in writing by such person as may be appointed by the Law Society for the purpos...
5Within fourteen days after the service of a notice under paragraph 3, the advocate or other person upon whom the notice was served may appl...
6If—
7The High Court or a Judge of the High Court may, on the application of the Law Society, order that no payment shall be made, without the le...
8In any case where the Law Society—
9The Law Society may, on a resolution in that behalf made by the Law Society, take control of all sums of money due from the advocate or to...
10Within fourteen days of the service of a notice under paragraph 9 the advocate or his firm, or the banker or other person upon whom the not...
11Subject to the service of any notice under paragraph 9, and to any application that may be made under paragraph 10, the Law Society or any...
12A banker with whom any such special account or accounts is or are kept shall be under no obligation to ascertain that account or those acco...
13(1) Subject to paragraphs 10 and 11, the Law Society may serve a notice on the advocate or his firm or banker or other person upon whom a n...
14If any person fails to comply with the requirements of any notice given under paragraph 9 or 13—
15Subject to any order for the payment of costs that may be made on an application under paragraph 2, 5, 7, 10, subparagraph 13(2) or paragra...
16If any claim or charge is made or any proceeding is taken against the Law Society or its servants or agents for any act or omission by the...
17The Law Society may make regulations with respect to the procedure to be followed in giving effect to paragraphs 1, 3, 4, 6, 9, 11 and subp...
31Savings and transitional provisions

Advocates Ordinance (Sabah) (Amendment) Act 2017 · As enacted

Section 17

No plain-English summary for s 17 yet. See the rest of this law

Official textFrom Laws of Malaysia Online, unchanged

The Ordinance is amended by deleting section 12.

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Part VIII

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Details

Advocates Ordinance (Sabah) (Amendment) Act 2017 · s 17

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Where this comes from

Laws of Malaysia Online · Advocates Ordinance (Sabah) (Amendment) Act 2017, As enacted. Reader record updated on 2 Oct 2026.

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Updated 15 Oct 2026, 18:18