Malaysia legislation
Section 23
Seksyen 23
Ordinan dipinda dengan memasukkan sebelum seksyen 15
Bahagian yang berikut:
“Part VII
INTERNATIONAL PARTNERSHIPS, QUALIFIED FOREIGN LAW
FIRMS AND REGISTRATION OF FOREIGN LAWYERS
Interpretation.
Quoted provision
Seksyen 14a
In this Part unless the context otherwise requires—
“foreign law” means the law of any state or territory other than Malaysia;
“foreign law firm” means a foreign law firm which provides legal services in any foreign law and includes a corporation duly constituted for the purpose of practising law established or licensed to provide legal services by the appropriate licensing authority of a state or territory other than Malaysia;
“foreign lawyer” means a person who is—
(a)
duly authorized or registered to practise law in a state or territory other than Malaysia;
and
(b)
a partner, director (who holds equity in the corporation, in the case of a corporation duly constituted for the purpose of practising law) or an employee of a foreign law firm or a Sabah law firm;
“international partnership” means a partnership or any other arrangement between a foreign law firm and a Sabah law firm in respect of which a licence has been granted under section 14f;
“permitted practice areas” means the areas of legal practice as prescribed;
“prescribed” means prescribed by the Law Society by rules made under this Ordinance;
Ordinan Peguam Bela (Sabah) (Pindaan)
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“qualified foreign law firm” means a foreign law firm licensed under section 14g.
Licence required for foreign law firm.
Quoted provision
Seksyen 14b
(2)
Any foreign law firm who contravenes the condition stated in subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.
Selection
Committee.
Quoted provision
Seksyen 14c
(2)
The Selection Committee shall consist of the following members:
(a)
the State Attorney-General;
(b)
the President of the Law Society;
(c)
a person to be appointed by the State
Attorney-General from the public sector;
and
(d)
two members of the Law Society to be appointed by the Law Society.
(3)
The appointment of the members under paragraphs (2)(c) and (d) shall be on an ad hoc basis.
Alternate members.
Quoted provision
Seksyen 14d
(2)
The Law Society may, in respect of each member appointed under paragraph 14c(2)(d), appoint a person to be an alternate member to attend, in place of the member, meetings of the Selection
Committee.
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(3)
When attending meetings of the Selection
Committee, an alternate member shall, for all purposes be deemed to be a member of the Selection
Committee.
(4)
An alternate member shall, unless he sooner resigns his membership or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Selection
Committee.
Meetings of the Selection
Committee.
Quoted provision
Seksyen 14e
(2)
The Selection Committee shall meet on such date and at such time and place as the State Attorney-General and the President of the Law Society may determine.
(3)
The quorum of the Selection Committee shall be three.
(4)
All decisions of the Selection Committee shall be by the affirmative vote of a majority of the members of the Selection Committee who are present and voting.
(5)
The Selection Committee shall inform the Law
Society of its recommendation as to the granting of a licence under section 14f, 14g or 14h or the registration of a foreign lawyer under section 14j.
(6)
The Law Society shall be the Secretariat for the Selection Committee.
International partnership.
Quoted provision
Seksyen 14f
(2)
A foreign law firm shall not be part of more than one international partnership in Sabah at any one time.
Ordinan Peguam Bela (Sabah) (Pindaan)
(3)
Upon receiving the application, the Law
Society shall refer such application to the Selection
Committee for consideration and recommendation.
(4)
The Law Society shall, upon the recommendation of the Selection Committee, grant an application made under subsection (1) on such conditions as the Law Society may think fit to impose in any particular case or refuse the application.
(5)
An international partnership shall pay to the
Law Society such licence fee at such times and in such manner as may be prescribed.
(6)
The Law Society may, by notice in writing—
(a)
impose any new or additional conditions on the licence; or
(b)
vary or revoke any of the conditions imposed on the licence.
(7)
The Law Society may renew a licence granted under this section for such period and upon such conditions as the Law Society may specify.
(8)
An international partnership is entitled to—
(a)
practise in the permitted practice areas in accordance with such terms and conditions as may be prescribed;
(b)
bill its clients as a single law firm; and
(c)
recover costs and retain payments in respect of such practice.
(9)
The permissible equity ownership and voting rights of the foreign law firm in the international partnership shall be as determined by the Selection
Committee from time to time.
Qualified foreign law firm.
Quoted provision
Seksyen 14g
(2)
Upon receiving the application, the Law
Society shall refer such application to the Selection
Committee for consideration and recommendation.
(3)
The Law Society shall, upon the recommendation of the Selection Committee, grant an application made under subsection (1) on such conditions as the Law Society may think fit to impose in any particular case or refuse the application.
(4)
A qualified foreign law firm shall pay to the
Law Society such licence fee at such times and in such manner as may be prescribed.
(5)
The Law Society may, by notice in writing—
(a)
impose any new or additional conditions on the licence; or
(b)
vary or revoke any conditions imposed on the licence.
(6)
The Law Society may renew a licence granted under this section for such period and upon such conditions as the Law Society may specify.
(7)
A qualified foreign law firm is entitled to practise in the permitted practice areas in accordance with such terms and conditions as may be determined by the Law Society.
(8)
A Sabah lawyer employed in a qualified foreign law firm shall be disqualified from obtaining a certificate to practise under Part IV.
Employment of a foreign lawyer by a
Sabah law firm.
Quoted provision
Seksyen 14h
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(2)
Upon receiving the application, the Law
Society shall refer such application to the Selection
Committee for consideration and recommendation.
Ordinan Peguam Bela (Sabah) (Pindaan)
(3)
The Law Society shall, upon the recommendation of the Selection Committee, grant or refuse an application made under subsection (1).
(4)
Any Sabah law firm which employs a foreign lawyer in contravention of this section commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.
Suspension or revocation of licence.
Quoted provision
Seksyen 14i
(2)
Without prejudice to the generality of subsection (1), a licence under this Part shall be suspended or revoked if—
(a)
the appropriate licensing authority of a state or territory other than Sabah suspends or revokes the licence of the constituent foreign law firm in the international partnership or the qualified foreign law firm as a result of criminal, civil or disciplinary proceedings;
(b)
there is any change in respect of any information regarding the foreign law firm which was submitted for the purposes of obtaining the international partnership licence or the qualified foreign law firm licence including but not limited to—
(i)
a change of any international partnership name without the prior approval of the Law Society;
(ii)
a merger of the international partnership with any other firm or body corporate;
or
(iii)
a change of up to one-half in the number of the partners in any international partnership;
(c)
the international partnership or qualified foreign law firm fails to comply with any requirement imposed under this Ordinance;
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(d)
the foreign law firm in the international partnership or the qualified foreign law firm is dissolved or is in liquidation or the Sabah law firm in the international partnership is dissolved;
(e)
the international partnership or qualified foreign law firm fails to comply with any of the conditions imposed on its licence;
(f)
the international partnership has been reconstituted without the approval of the
Law Society; or
(g)
the international partnership is dissolved for any reason whatsoever.
(3)
The international partnership and the qualified foreign law firm shall inform the Law Society of the occurrence of any of the events referred to in subsection (2) as soon as they become aware of the same.
(4)
A licence shall not be suspended or revoked without the international partnership or qualified foreign law firm being given a reasonable opportunity to make representations to the Law Society.
Registration of a foreign lawyer to practise in an international partnership, a qualified foreign law firm or a
Sabah law firm.
Quoted provision
Seksyen 14j
(2)
A foreign lawyer who satisfies such requirements as may be prescribed and wishes to practise in an international partnership, a qualified foreign law firm or a Sabah law firm may apply to the Law
Society to be registered to practise in the permitted practice areas in an international partnership, a qualified foreign law firm or a Sabah law firm.
(3)
Upon receiving the application, the Law
Society shall refer such application to the Selection
Committee for consideration and recommendation.
Ordinan Peguam Bela (Sabah) (Pindaan)
(4)
The Law Society shall, upon the recommendation of the Selection Committee, grant or refuse an application made under subsection (2).
(5)
An application that has been granted under subsection (4) shall be subject to—
(a)
such conditions as the Law Society may think fit to impose in any particular case;
and
(b)
the payment of a registration fee to the Law
Society at such times and in such manner as may be prescribed.
(6)
The registration of a foreign lawyer under this section shall be in respect of a calendar year and may be renewed annually subject to such conditions as the Law Society may specify.
(7)
A foreign lawyer who is registered under this section may practise in the permitted practice areas through an international partnership, a qualified foreign law firm or a Sabah law firm.
(8)
Any foreign lawyer who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.
Suspension or revocation of registration.
Quoted provision
Seksyen 14k
(2)
Without prejudice to the generality of subsection (1), the registration of a foreign lawyer under this Part may be suspended or revoked if—
(a)
the international partnership licence or qualified foreign law firm licence issued in respect of the international partnership or qualified foreign law firm, as the case may be, is suspended or revoked under section 14i;
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(b)
the foreign lawyer is in breach of any provision relating to his work permit or any relevant immigration laws in Sabah and Malaysia;
(c)
the foreign lawyer employed in a Sabah law firm is no longer duly authorized or registered to practise law in a state or territory other than Sabah or as a result of criminal, civil or disciplinary proceedings;
or
(d)
the foreign lawyer has been found guilty by the Disciplinary Board of any disciplinary misconduct and the Disciplinary Board has recommended the suspension or revocation of the foreign lawyer’s registration.
Professional conduct, ethics and accounts.
Quoted provision
Seksyen 14l
(2)
Any rules made under this Ordinance shall apply to a foreign lawyer registered under section 14j with such modifications as may be prescribed by the Law Society.
(3)
For the avoidance of doubt, nothing in this
Part shall affect any solicitor-client privilege that may exist independently of this Part.
Disciplinary authority.
Quoted provision
Seksyen 14m
International partnerships, qualified foreign law firms and registered foreign lawyers shall adhere to all the rules and rulings of the Law Society and shall be subject to, for the purposes of all disciplinary actions, the control of the Disciplinary Board.
Quoted provision
Seksyen 14n
Power to require documents, etc.
The Law Society may require any international partnership, qualified foreign law firm, Sabah law firm or foreign lawyer to provide the Law Society with such documents, particulars or information as the Law Society considers necessary for the purpose of ascertaining compliance of this Part.
Ordinan Peguam Bela (Sabah) (Pindaan)
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Power to make rules relating to foreign law firm, international partnership and foreign lawyer.
Quoted provision
Seksyen 14o
The Law Society may, with the approval of the
State Attorney-General, make rules to provide for—
(a)
the conditions and criteria for the granting of an international partnership licence, a qualified foreign law firm licence or a licence under section 14h and for the registration of a foreign lawyer under section 14j;
(b)
the manner and means of application and the information and documents to be furnished for the application of international partnership and qualified foreign law firm licences and licences under section 14h, including but not limited to the forms, proceedings, fees, information and documents in connection therewith;
(c)
the conditions relating to qualifying legal skills, experience and expertise required under this Part;
(d)
the manner and means of application for registration of foreign lawyers including but not limited to the forms, proceedings, fees, information and documents in connection therewith;
(e)
the submission of information and particulars relating to foreign law firms, lawyers and other persons practising in or employed by the foreign law firms;
(f)
the maintenance of a register of international partnerships, qualified foreign law firms and Sabah law firms which employ foreign lawyers under section 14h and a register of foreign lawyers practising in Sabah under this Part and the form and manner in which the registers are to be kept;
(g)
the permitted practice areas;
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(h)
the manner and means by which an international partnership, a qualified foreign law firm or a Sabah law firm licensed under section 14h may conduct its business or publicise itself;
(i)
the exemption of any person or class of persons from any provision of this Part;
and
(j)
any other matters for purposes of implementing the provisions of this Part.