Malaysia legislation
Section 10
Seksyen 10
Ordinan dipinda dengan memasukkan selepas seksyen 7
Bahagian yang berikut:
“Part III
SABAH LAW SOCIETY
Establishment of Sabah
Law
Society.
Quoted provision
Seksyen 7a
(2)
The Law Society shall consist of the following:
(a)
the President;
(b)
the Vice-President;
(c)
the immediate past President;
(d)
the Secretary;
(e)
the Assistant Secretary;
(f)
the Treasurer; and
(g)
members pursuant to section 13b.
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(3)
The Law Society may sue or be sued in its corporate name.
(4)
Subject to and for the purposes of this Ordinance, the Law Society may, upon such terms as the Law
Society deems fit—
(a)
enter into contracts; and
(b)
in respect of movable and immovable property and interest in movable or immovable property of every description—
(i)
acquire, purchase, take, hold and enjoy such property; and
(ii)
convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer, or otherwise dispose of, or deal with such property and interest vested in the Law Society.
(5)
The Constitution and rules of the Law Society shall be as set out in Part VI of this Ordinance.
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, changed, altered and made anew as the Law Society thinks fit.
(2)
Until a seal is provided by the Law Society, a stamp bearing the words “Sabah Law Society” may be used and shall be deemed to be its common seal.
(3)
The common seal of the Law Society shall be kept in the custody of the President of the Law
Society or any other person authorized by the Law
Society, and shall be authenticated by either the
President of the Law Society or by such other person authorized by the President of the Law Society in writing.
Ordinan Peguam Bela (Sabah) (Pindaan)
(4)
All deeds, documents and other instruments of the Law Society purporting to be sealed with the common seal of the Law Society and authenticated in accordance with subsection (3) shall, until the contrary is proved, be deemed to have been validly executed.
(5)
Any deed, document and other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by a member of the Law Society or by any member of the Law Society authorized in that behalf.
(6)
The common seal of the Law Society shall be officially and judicially noticed.
(7)
Every document to which the common seal of the Law Society is affixed shall be signed by two members of the Law Society appointed by the
President of the Law Society in that behalf.
Annual
Certificate.
Quoted provision
Seksyen 7c
(a)
the Law Society is satisfied that the application complies with that subsection and any rules made under this section;
(b)
the Law Society is satisfied that the applicant is not disqualified from holding a certificate to practise under section 9a;
(c)
the applicant is not in arrears in respect of any subscription or levy lawfully due to the
Law Society under this Ordinance; and
(d)
the applicant intends to practise under an approved name.
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(2)
An application by an advocate for an Annual
Certificate shall be made in such form as may be prescribed by the rules made under this section and shall be accompanied by appropriate certificates showing that paragraph (1)(c) has been complied with.
(3)
Disciplinary proceedings may be taken against any advocate if in, or in relation to, an application under this section he makes a false statement material to the application.
(4)
Subject to this Ordinance, the Law Society may make rules regulating the issue of Annual Certificates.
(5)
Any rules made by the Law Society under this section shall be signed by the President of the
Law Society and published in the Sabah Government
Gazette.
Issue of
Annual
Certificate in certain conditions.
Quoted provision
Seksyen 7d
(a)
after more than twelve months have elapsed since his admission and if he has held no valid certificate to practise during that period;
(b)
who has held a certificate to practise subject to terms and conditions at any time in the three years immediately preceding his application;
(c)
after more than twelve months have elapsed since he held a valid certificate to practise;
(d)
after the Disciplinary Board has ordered a penalty or costs to be paid by him;
(e)
when having been suspended from practice or having had his name removed from the roll or struck off the roll, the period of suspension has expired or his name has been restored to the roll, as the case may be;
Ordinan Peguam Bela (Sabah) (Pindaan)
(f)
whilst he is an undischarged bankrupt or a receiving order in bankruptcy is in force against him;
(g)
after having been adjudicated a bankrupt and obtained a discharge or having entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors;
(h)
after having had an order of committal or an order for the issue of a writ of attachment made against him.
(2)
In any of the circumstances mentioned in subsection (1), the applicant shall, unless the Chief
Judge or the Law Society otherwise orders, give to the Law Society not less than six weeks before his application for an Annual Certificate notice of his intention to apply for the Certificate and the Law
Society may in its discretion—
(a)
issue an Annual Certificate; or
(b)
notify the applicant that he is required to make an application to the Court under section 7e.
Applicant to apply to
Court.
Quoted provision
Seksyen 7e
An advocate who is—
(a)
required to make an application under this section; or
(b)
dissatisfied with the refusal, neglect or delay in the issue to him of an Annual Certificate, may apply to the Chief Judge by originating summons for an order directing the Law Society to issue him with an Annual Certificate.
Law
Society to maintain register of firm names.
Quoted provision
Seksyen 7f
(2)
The Law Society may refuse the registration of any firm name on the ground that the proposed firm name is offensive or is likely to be confused with a registered firm name or is likely to mislead the public.
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(3)
An advocate who is dissatisfied with a decision of the Law Society under subsection (2) may appeal to the High Court whose decision shall be final.
(4)
An advocate shall not submit to the Law
Society for registration a firm name that is not—
(a)
his own name or initials of his name;
(b)
the names or initials of the names of advocates who are or were his partners;
(c)
the names or initials of the names of his predecessors whose goodwill he has, or his partners have, acquired; or
(d)
any combination of the names or initials of the names specified in paragraphs (a), (b)
and (c).
(5)
In any case where a name which complies with subsection (4) cannot be registered without contravening subsection (2), then the person may practise under such name as the Law Society may approve.
(6)
An advocate who acts in contravention of subsection (5) may be liable to disciplinary proceedings.
(7)
The Law Society—
(a)
shall, at the request of the partners practising under a firm name; or
(b)
may, if it is satisfied that no one is practising under that name, remove a firm name from the register.”.
Ordinan Peguam Bela (Sabah) (Pindaan)
15
Bahagian baharu IV