ADVOCATES ORDINANCE (SABAH) (AMENDMENT) ACT 2021

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

Amendment of section 7c

in subsection (5), by deleting the words “with a member each from paragraphs 2(a), (b) and (c)”;

in subsection (6), by inserting after the words “the Law

Society” the words “or his alternate”;

in subsection (7), by inserting after the words “the Law Society”

the words “or his alternate”;

in subsection (9), by substituting for the words “a full-time employee” the words “an employee”; and

by inserting after subsection (9) the following subsections:

“(9a)  Wherever it is deemed necessary and expedient, the Disciplinary Board may sit in two or more panels consisting of members who shall be appointed by the

Chairman from amongst the members of the Disciplinary

Board.

The quorum of the panel shall be three members.

Any hearing, disposal, determination, decision, ruling, direction, order or final order of the panel shall be deemed to be the hearing, disposal, determination, decision, ruling, direction, order or final order of the

Disciplinary Board.”.

Amendment of section 12c

by substituting for the marginal note the following marginal note:

“Classification and handling of complaints.”; and

by substituting for subsection (1) the following subsection:

“(1)  Where a written complaint is made or referred to the Disciplinary Board, the Disciplinary Board shall, if it is satisfied that—

there is no merit in the complaint or the complaint is frivolous and vexatious, dismiss the complaint and notify the complainant and the advocate concerned of its decision; or

there is merit in the complaint, proceed to hear such complaint in accordance with such rules as may from time to time be made under this

Ordinance.”.

Amendment of section 12g

in subparagraph (1)(c)(i), by substituting for the words

“reprimand or censure” the words “having costs awarded against him”; and

by inserting after subsection (2) the following subsection:

“(3)  The Disciplinary Board may, at any stage of the disciplinary proceedings or in its decision in appropriate cases, make an order of costs against the complainant or against the advocate concerned, as the case may be, to be paid to the opposite party as the Disciplinary Board may deem fit.”.

Amendment of section 12h

in paragraph (2)(g), by substituting for the word “six”

the word “eight”;

in subsection (7), by inserting after the words “shall be elected”

the word “biennially”; and

by inserting after subsection (7) the following subsections:

“(7a) Election of members of the Executive Committee may be by show of hands or by secret ballot if the members at the meeting so decide, provided that the

Law Society may make rules to provide for and to regulate voting by online voting or postal ballot in such cases as it may deem fit.

Any rules made under subsection (7a) shall not come into operation until they have been published in the Sabah Government Gazette.”.

Amendment of section 13k

in paragraph (c), by deleting the word “or” at the end of the paragraph;

in paragraph (d), by substituting for the comma at the end of the paragraph the words “; or”; and

by inserting after paragraph (d) the following paragraph:

“(e) is incapacitated due to illness or any other cause,”.

Commencement of section 23 of Act A1528