Malaysia legislation
Section 12
Section 12
Application for approval to form limited liability law partnerships, etc.
The principal Act is amended by inserting after section 76
the following part:
“Part Va
BAR COUNCIL LEGAL AID CENTRE
Interpretation 76a. In this Part, unless the context otherwise requires—
“aided person” means a person who satisfy the means test and receives legal aid under this Part;
“Centre” means the Bar Council Legal Aid Centre under section 76b;
Legal Profession (Amendment)
15
“Director” means the Director of the Legal Aid Centre appointed under section 76f;
“guardian” in relation to a child, includes any person who, in the opinion of the Director, is properly appointed as the next friend or guardian ad litem of the child;
“legal aid” means the legal services provided by the Centre to an aided person, including representing the aided person in any proceedings;
“Legal Aid Certificate” means a certificate filed in court under section 76i;
“means test” means a test, conducted by the Bar Council, to determine the eligibility of a person for legal aid.
Bar Council Legal Aid Centre 76b. (1) The Bar Council shall administer a centre known as the “Bar Council Legal Aid Centre” with one or more branches in each State for the purpose of carrying out the functions under section 76c.
(2)
The Centre shall be responsible to the Bar Council, and shall—
(a)
furnish the Bar Council with reports on its activities, its annual accounts audited by the Bar Council’s auditors and any other information as the Bar Council may require; and
(b)
cause its annual audited report to be presented at the annual general meeting of the Malaysian Bar.
Functions of the Centre 76c. (1) The Centre shall have the following functions:
(a)
to provide legal aid to aided persons;
(b)
to promote legal literacy in a manner determined and approved by the Bar Council;
(c)
to assist the public in matters relating to justice;
(d)
to engage the service of members of the Malaysian
Bar in the performance of its functions;
(e)
to establish any branch throughout Malaysia in cooperation with the relevant State Bar Committee;
(f)
to maintain a client account for any aided person, in accordance with any rules made pursuant to section 76m;
(g)
to carry on any activity that is relevant to, or in connection with, the performance of its functions;
(h)
to receive, in consideration of the services rendered by it, any fee or disbursement or contribution from the aided person, or such payment of costs as may be awarded to the aided person, in accordance with the rules made by the Bar Council; and
(i)
to establish committee and subcommittee as it may deem necessary for the performance of its functions.
(2)
Notwithstanding paragraph (1)(a), the Bar Council may in special circumstances, direct the Centre to provide legal aid to any person who does not satisfy the means test.
Principal office of the Centre 76d. The principal office of the Centre shall be situated in such place as may be determined by the Bar Council.
Branches of the Centre 76e. (1) Where the Centre establishes a branch in any state outside its principal office, such branch shall be managed and administered by the Centre, with the assistance of the relevant
State Bar Committee.
Legal Profession (Amendment)
(2)
The Bar Council shall delegate its power, as it may deem necessary, to the relevant State Bar Committee for the purposes of administration of the branch of the Centre.
(3)
Any branch of the Centre shall also be answerable to the relevant State Bar Committee.
Appointment of Director and staff of the Centre 76f. (1) The Bar Council may employ and remunerate any qualified and suitable advocate and solicitor or person to be the Director who shall be responsible—
(a)
for the day-to-day management and administration of the Centre and its activities;
(b)
for the preparation of programmes and projects in the performance of the functions of the Centre for the consideration and approval of the Bar Council; and
(c)
to perform all directions of the Bar Council.
(2)
The Bar Council may employ and remunerate any qualified and suitable person to be a staff of the Centre to assist the Director in performing the functions of the Centre.
Application for legal aid 76g. (1) Any person who whether in his own right or in a representative capacity desires to be granted legal aid under this Part shall make an application to the Centre.
(2)
For the purposes of subsection (1), the applicant shall furnish full, true and correct information in the application.
Memorandum of Notification 76h. (1) The Centre shall, upon receiving the application under section 76g, as soon as practicable, notify any relevant party and file a Memorandum of Notification in Form 1 of the Second Schedule in the court in which the proceedings has been instituted.
(2)
Where a Memorandum of Notification is filed under subsection (1), all proceedings shall, unless otherwise ordered by the court in which the proceedings is pending, be stayed for a period not exceeding twenty one days for enquiries to be made by the Centre on the eligibility of the applicant for legal aid before the issuance of a Legal Aid Certificate.
(3)
Notwithstanding subsection (2), the filing of the
Memorandum of Notification shall not affect—
(a)
the making of an interlocutory order for an injunction, or for the appointment of a receiver or manager;
(b)
the making of an order to prevent the lapse of a caveat against dealings with land;
(c)
the making of any other order which, in the opinion of the court in which the proceedings is pending, is necessary to prevent injustice;
(d)
the institution or continuance of proceedings to obtain, enforce or carry into effect, any such order as mentioned in paragraph (a), (b) or (c) or a decree to that effect, unless otherwise ordered by the court in which the proceedings is pending.
Legal Aid Certificate 76i. Where the Centre is satisfied that the applicant under section 76g is eligible for legal aid, the Centre may represent the applicant by filing a Legal Aid Certificate in Form 2 of the Second Schedule in the court in which the proceedings are pending, and the applicant shall be an aided person.
Aided person not liable to pay costs 76j. (1) The aided person shall not, unless expressly provided under this Act, be liable for costs to any other party in any proceedings to which the Legal Aid Certificate relates.
Legal Profession (Amendment)
(2)
Subject to the provisions of this Act, any person who conducts any investigation, prepares or publishes any report, gives any opinion, or conducts any proceedings, shall not take, or agree to take or seek any fee, profit or reward from the aided person.
Legal aid obtained through fraud, etc.
Quoted provision
Section 76k
(2)
Upon filing of the notice of revocation under subsection (1)—
(a)
the Centre shall cease to represent that person;
(b)
all proceedings shall, unless otherwise ordered by the court in which the proceedings is pending, be stayed for a period of fourteen days; and
(c)
the Centre shall be entitled to be reimbursed for all sums paid and all legal fees for work done for that person.
Cost for legal aid obtained through fraud, etc.
Quoted provision
Section 76l
(2)
The costs to the Centre under subsection (1) shall, unless otherwise directed by the court, be paid to the Centre and shall include—
(a)
any appropriate fee and charge for work done; and
(b)
any expenses incurred by the Centre.
Bar Council may make rules 76m. (1) The Bar Council may, with the approval of the
Attorney General, make rules as are necessary or expedient for the purpose of carrying into effect the provisions of this Part.
(2)
Without prejudice to the generality of subsection (1), any rules made by the Bar Council may provide for any or all of the following:
(a)
any fee, charge and costs, including any fee for any advocate and solicitor, in relation to any proceedings to which an aided person is a party;
(b)
the recovery of any sum due in respect of legal aid, or for the enforcement of any order or agreement for costs made in favour of the aided person;
(c)
any provision relating to qualified and suitable person under section 76f; and
(d)
any change in circumstances of the aided person.”.
Amendment of section 77