Legal Profession Act 1976 · Updated to 1 Aug 2018 · Part II · Legal Profession Qualifying Board
18. Admission in special cases
Feedback & supportNotwithstanding anything contained in this Act, the Court may, for the purpose of any one case and subject to the following subsections, admit to practise as an advocate and solicitor any person who, if he was a citizen of, or a permanent resident in, Malaysia, would be eligible to be admitted as an advocate and solicitor of the High Court and no person shall be admitted to practise as an advocate and solicitor under this subsection unless—
Court
“Court” means the High Court or a Judge thereof when sitting in open Court, and “Judge” means a Judge of the High Court sitting in Chambers;
for the purpose of that particular case he has, in the opinion of the Court, special qualifications or experience of a nature not available amongst advocates and solicitors in Malaysia;
and
he has been instructed by an advocate and solicitor in
Malaysia.
Any person applying to be admitted under this section shall do so by originating motion verified by his own affidavit, or that of the advocate and solicitor instructing him, stating the names of the parties
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
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and the brief particulars of the cause or matter in which the applicant intends to appear, and exhibiting in the affidavit the consent of the applicant to appear in the cause or matter; the originating motion and affidavit shall be served on the Attorney General, the Secretary of the
Bar Council and of the State Bar Committee in the State where such cause or matter is to be heard and the other party to the cause or matter;
Bar Council
“Bar Council” and “Council” mean the central council of the Malaysian Bar established under section 47;
at the time of such service the applicant shall pay one hundred ringgit each to the Secretary of the Bar Council and of the State Bar
Bar
“Malaysian Bar” and “Bar” means the body corporate established under section 41;
Committee to cover their costs incurred in the application.
Before admitting a person under this section the Court shall have regard to the views of each of the persons served with the application.
The Registrar shall on payment of the prescribed fee, issue to every person admitted under this section a certificate to practise specifying in it the causes or matters in which he is permitted to appear;
Registrar
“Registrar” means the Registrar of the High Court and includes a Deputy Registrar, Senior Assistant Registrar and an Assistant Registrar;
and any person to whom a certificate to practise has been issued under this subsection shall for the purpose of his employment in such causes or matters be deemed to be a person to whom a certificate to practise has been issued under section 29.
The Registrar shall not enter upon the Roll but shall keep a separate roll for the names of persons admitted under this section.
Roll
“Roll” means the Roll of advocates and solicitors of the High Court kept by the Registrar under section 28;
In this section the words “cause or matter” include any interlocutory or appeal proceedings connected with any cause or matter.