Legal Profession Act 1976 · Updated to 1 Aug 2018 · Part VII · Disciplinary Proceedings
Section 103
Feedback & supportWhere the Disciplinary Board has ordered a fine to be paid by an advocate and solicitor or has ordered a restitution to be made by
advocate and solicitor
“advocate and solicitor” includes the executors, administrators and assignees of the advocate and solicitor in question. Legal Profession 141 Advocate and solicitor entitled to charge on property for costs
Legal Profession 119
an advocate and solicitor, such fine shall be paid or such restitution shall be made within one month from the date of the order or such further date as the Disciplinary Board may allow, and in default thereof the Disciplinary Board may order suspension of the advocate and solicitor from practice until the payment of such fine or sum to be restituted or if the advocate and solicitor is currently not in possession of a practising certificate, order that no Sijil Annual shall be issued to him until payment of the fine or sum to be restituted is made or in the case of a foreign lawyer, recommend to the Bar Council to suspend his registration until the payment of such fine or sum to be restituted is made.
practising certificate
“practising certificate” means a certificate issued by the Registrar under section 29;
A fine payable under this section shall be deemed to be a debt outstanding to the Malaysian Bar and may be recoverable as a civil debt.
Malaysian Bar
“Malaysian Bar” and “Bar” means the body corporate established under section 41;
Appointment of Disciplinary Committee
*103A. (1) Where—
the Disciplinary Board determines that a Disciplinary
Committee ought to be appointed;
an advocate and solicitor has been convicted of an offence of criminal breach of trust under section 409 of the Penal Code
[Act 574] or any other offence involving fraud or dishonesty;
or
the advocate and solicitor has been suspended under subsection 94(4), the Disciplinary Board shall, as soon as may be practicable, appoint a
Disciplinary Committee.
A Disciplinary Committee shall consist of three members of whom shall be—
*NOTE—see subsections 35(1) –
of the Legal Profession (Amendment) Act 2006 [Act A1269].
120 Laws of Malaysia ACT 166
two advocates and solicitors; and
one lay person, appointed from the Disciplinary Committee Panel.
The Disciplinary Board shall at the time of appointment of a
Disciplinary Committee appoint a member from paragraph (2)(a) to be the chairman of the Disciplinary Committee.