Section 16d — ADVOCATES ORDINANCE (SABAH) (AMENDMENT) ACT 2017

(a)

authorize the Law Society to take out and maintain insurance in the name of the Law

Society with any person permitted by law to carry on professional liability insurance business and covering every practising advocate;

(b)

authorize the Law Society to maintain a fund or funds for the said purpose;

(c)

require advocates to take out and maintain insurance.

(2)

Without prejudice to the generality of subsection (1), rules made under this section may—

(a)

specify the terms and conditions on which professional indemnity is to be available;

(b)

provide for the management, administration and protection of any fund established under subsection (1) and require advocates to make payments to any such fund;

(c)

require advocates to make payments by way of premiums on any policy taken out under subsection (1) and provide for proceedings by the Law Society or its insurers against any advocate who fails to do so for recovery of the appropriate premiums;

(d)

prescribe the conditions which an insurance policy must satisfy for the purpose of paragraph 1(c);

(e)

authorize the Law Society to determine the amount of any payment required by the rules;

Ordinan Peguam Bela (Sabah) (Pindaan)

(f)

specify the circumstances in which an advocate has failed to comply with any rules, proceedings in respect of any sum paid by way of indemnity may be taken against him by the Law Society or its insurers;

(g)

prescribe that an advocate shall not be entitled to an Annual Certificate unless he is insured as required by the rules for the period to which the Annual Certificate relates;

(h)

empower the Law Society to take such steps as it considers necessary or expedient to ascertain and ensure that the rules are complied with; and

(i)

contain such procedural, incidental or other provisions as may be necessary or expedient for the purposes of the rules.

(3)

Nothing in this section shall affect the right of any advocate, in addition to the indemnity provided in the rules made under this section, to insure himself further against loss arising from such claims as may be instituted against him.

(4)

Any rules made under this section shall not come into operation until they have been published in the Sabah Government Gazette.

Compensation

Fund.