Malaysia legislation
Section 11
Section 11
The principal Act is amended by substituting for section 100
the following section:
Quoted provision
Section 100
(a)
there is no merit in the application or complaint, dismiss the application or complaint and notify the complainant and the advocate and solicitor of its decision; or
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(b)
there is merit in the application or complaint—
(i)
post or deliver to the advocate and solicitor concerned a copy of the application or complaint together with all supporting documents, if any, furnished to the Disciplinary
Board; and
(ii)
request the advocate and solicitor to furnish his written explanation in quadruplicate together with supporting documents, if any, within fourteen days of the request or within such longer time as the Disciplinary Board may allow.
(2)
Where the advocate and solicitor does not furnish his written explanation to the Disciplinary Board as requested under subparagraph (1)(b)(ii), the Disciplinary Board shall proceed to appoint a Disciplinary Committee.
(3)
Where the advocate and solicitor has furnished his written explanation to the Disciplinary Board under subparagraph (1)(b)(ii), the Disciplinary Board shall review the matter and—
(a)
if it is satisfied that there is no merit in the application or complaint, dismiss the application or complaint and notify the parties accordingly; or
(b)
if it is still of the view that there is merit in the application or complaint, proceed to appoint a
Disciplinary Committee.
(4)
Notwithstanding subsection (2) and paragraph (3)(b), if the Disciplinary Board considers that the application or complaint may be dealt with summarily, it shall give a written notice to the advocate and solicitor to determine whether the advocate and solicitor agrees that the application or complaint be dealt with summarily.
(5)
If the advocate and solicitor fails to respond within fourteen days from the date of the notice referred to in subsection (4), the Disciplinary Board shall proceed to appoint a Disciplinary Committee.
Legal Profession (Amendment)
(6)
If the advocate and solicitor agrees that the application or complaint be dealt with summarily, the Disciplinary Board may, having ascertained that the advocate and solicitor understands the nature and consequences of the application or complaint being dealt with summarily, proceed to do so.
(7)
After dealing summarily with the application or complaint, the Disciplinary Board may impose one or more of the following penalties or punishments:
(a)
reprimand or censure the advocate and solicitor;
(b)
impose a fine—
(i)
not exceeding five thousand ringgit on the advocate and solicitor if no cause of sufficient gravity exists for a formal inquiry; or
(ii)
not exceeding fifty thousand ringgit on the advocate and solicitor where the advocate and solicitor has admitted to the misconduct or the material facts establishing the misconduct or where the material facts establishing the misconduct are evident and do not warrant further inquiry;
(c)
suspend the advocate and solicitor from practice or in the case of a foreign lawyer, recommend to the Bar
Council for his suspension, as the case may be, for such period not exceeding five years as the Disciplinary
Board deems appropriate in the circumstances; or
(d)
strike the advocate and solicitor off the Roll or in the case of a foreign lawyer, recommend to the Bar
Council for the revocation of his registration.
(8)
Notwithstanding subsection (7), the Disciplinary Board may also make an order of restitution of the complainant’s monies if it is established that such monies were or are held by the advocate and solicitor in his professional capacity and the complainant is entitled to the return of such monies or part thereof.
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(9)
Before imposing any one or more of the penalties or punishments under subsection (7) or making an order of restitution under subsection (8), the Disciplinary Board shall notify the advocate and solicitor of its intention to do so and give him a reasonable opportunity to be heard.
(10)
An order of restitution made pursuant to subsection (8) shall be deemed to be an order of the High
Court and be enforced accordingly by the complainant.
(11)
If the advocate and solicitor does not agree that the application or complaint be dealt with summarily, the
Disciplinary Board shall proceed to appoint a Disciplinary
Committee pursuant to section 103a.
(12)
The Disciplinary Board may, at any stage after an application or a complaint has been received, require the production of such further documents or explanations from either the complainant or the advocate and solicitor or both or from such other person as the Disciplinary
Board may require, and the parties to the application or complaint shall be provided with all such documents or explanations.
(13)
Any advocate and solicitor or any other person who without reasonable excuse refuses or fails to produce to the Disciplinary Board any document or fails to give any information which may relate to or be connected with the subject matter of the complaint shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to a term of imprisonment not exceeding three months or to both.
(14)
The Disciplinary Board may, at any stage of an inquiry into an application or complaint, determine that a formal inquiry is required and appoint a Disciplinary
Committee accordingly.
(15)
Nothing in this section shall preclude the Disciplinary
Board from dismissing an application or complaint at any stage.”.
Legal Profession (Amendment)
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Amendment of section 103