Malaysia legislation
Section 18
Section 18
Substitution of section 12a
The Ordinance is amended by substituting for section 12a the following section:
“Disciplinary
Board.
Quoted provision
Section 12a
(2)
The Disciplinary Board shall consist of the following members:
(a)
the Chairman of the Disciplinary Board appointed by the Chief Judge after consultation with the Law Society and such person shall be a retired Judge of the
High Court, Court of Appeal or Federal
Court or any other person who is qualified to be a Judge of the High Court or the
Court of Appeal or the Federal Court;
(b)
the President of the Law Society or the
Vice-President of the Law Society as his alternate; and
(c)
eight advocates of not less than seven years’ standing appointed by the Chief
Judge after consultation with the Law
Society.
(3)
The members referred to in paragraphs (2)(a)
and (c) shall be appointed for a term of two years.
(4)
For the purposes of the member referred to in paragraph (2)(a), the Chief Judge may, after consultation with the Law Society, extend such term of appointment for another two years and may reappoint for another period not exceeding two years.
(5)
The quorum of the Disciplinary Board shall be three with a member each from paragraphs 2(a),
(b)
and (c).
Advocates Ordinance (Sabah) (Amendment)
(6)
The Chairman of the Disciplinary Board shall preside over at meetings of the Disciplinary Board and if the Chairman disqualifies himself pursuant to subsection (8), or if the Chairman is unable, through illness or any other cause, to attend the meeting, the President of the Law Society shall preside at the meeting.
(7)
If the President of the Law Society also disqualifies himself from deliberating on any complaint pursuant to subsection (8), or is unable, through illness or any other cause, to attend the meeting, the members present shall elect one of their number to preside at the meeting for the purposes of the complaint.
(8)
The Chairman of the Disciplinary Board, the President of the Law Society and any other member of the Disciplinary Board shall, where it is necessary in the interest of justice, disqualify himself from deliberating on any complaint.
(9)
The Secretary of the Disciplinary Board shall be a full-time employee of the Law Society appointed by the Law Society and such person shall be an advocate of not less than five years’
standing.
(10)
The Disciplinary Board may make rules to regulate its own procedure.”.
New sections 12b, 12c, 12d, 12e, 12f, 12g, 12h, 12i, 12j, 12k,
12l and 12m