Malaysia legislation

Section 15

of LEGAL PROFESSION (AMENDMENT) ACT 2012

Section 15

Section 103c of the principal Act is amended—

(a)

in the shoulder note, by inserting after the word “Findings”

the words “and recommendations”;

(b)

in subsection (1)—

(i)

by substituting for the words “After hearing and investigating any matter referred to it” the words

“Upon conclusion of the inquiry”;

Legal Profession (Amendment)

(ii)

in paragraph (a), by inserting after the word “exists”

the words “and that the application or complaint be dismissed”; and

(iii)

by substituting for paragraph (c) the following paragraph:

“(c) that cause for disciplinary action exists and is of sufficient gravity to warrant the advocate and solicitor to be subject to one or more of the following penalties or punishments:

(i)

reprimand or censure;

(ii)

imposition of a fine not exceeding fifty thousand ringgit;

(iii)

suspension of the advocate and solicitor from practice, or in the case of a foreign lawyer, recommendation to the Bar Council for suspension of registration, for such period not exceeding five years as the Disciplinary

Committee deems appropriate in the circumstances; or

(iv)

striking the advocate and solicitor off the Roll or in the case of a foreign lawyer, recommendation to the Bar Council for revocation of the registration of the foreign lawyer.”; and

(c)

in subsection (2), by substituting for the words “any sum found due and owing to the complainant” the words

“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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Amendment of section 103d