Section 15

by substituting for subsection (8) the following subsection:

“(8)  Where it is proved to the satisfaction of the Bar Council that any person has sustained loss in consequence of dishonesty on the part of an advocate and solicitor, a limited liability law partnership, or any clerk or servant of an advocate and solicitor or a limited liability law partnership, in connection with that advocate and solicitor’s or limited liability law partnership’s practice in Malaysia as an advocate and solicitor or with any trust of which that advocate and solicitor or limited liability law partnership is a trustee, then subject to this section, the Malaysian Bar may, if the Bar Council thinks fair and reasonable, make a grant to that person out of the Fund for the purpose of relieving or mitigating that loss.”;

by substituting for subsection (9) the following subsection:

“(9)  A grant may be made under this section whether or not—

the advocate and solicitor referred to in subsection (8) had a valid practising certificate when the act of dishonesty was committed, and notwithstanding that subsequent to the commission of the act the advocate and solicitor has died or had his name removed from or struck off the Roll or has ceased to practise or been suspended from practice; or

the limited liability law partnership has ceased to carry on the practice of an advocate and solicitor or has been wound up.”;

by substituting for subsection (10) the following subsection:

“(10)  On any grant made by the Malaysian Bar under this section to any person in respect of any loss—

the Malaysian Bar shall, to the extent of the amount of the grant, be subrogated to all such rights and remedies as the person to whom the grant is made may have against the advocate and solicitor, the limited liability law partnership, or clerk or servant of the advocate and solicitor or the limited liability law partnership, in respect of the loss; and

the person to whom the grant is made shall have no right by way of bankruptcy, winding up or other legal proceedings or otherwise to receive any sum out of the assets of the advocate and solicitor, the limited liability law partnership, or clerk or servant of the advocate and solicitor or the limited liability law partnership, in respect of the loss until the Fund has been reimbursed with the full amount of the grant.”; and

by substituting for subsection (11) the following subsection:

“(11)  Reference in subsection (10) to the person to whom the grant is made or the advocate and solicitor, limited liability law partnership, or clerk or servant of the advocate and solicitor or the limited liability law partnership shall include, in the case of death, insolvency or other disability of the advocate and solicitor, limited liability law partnership, or clerk or servant of the advocate and solicitor or the limited liability law partnership, reference to his personal representatives or any other person having authority to administer his estate or its assets.”.

Legal Profession (Amendment)

25

Substitution of section 82