Section 36A
Representation in civil proceedings
of Labuan Financial Services Authority Act 1996
(a)
in any civil proceedings by or against the Authority; or
(b)
in any other civil proceedings in which the Authority is required or permitted by the court to be represented or to be heard, or is otherwise entitled to be represented or to be heard, any person authorized in writing by the Authority for such purpose may, on behalf of the Authority, institute such proceedings or appear in such proceedings and may make all appearances and applications and do all acts in respect of such proceedings on behalf of the
Authority.
(2)
For the purposes of this section, any person shall include—
(a)
any director, officer or employee of the Authority who has been admitted as an advocate and solicitor under the Legal
Profession Act 1976 [Act 166];
(b)
any advocate and solicitor of the High Court of Malaya or the High Court of Sabah and Sarawak; or
(c)
a federal counsel or senior federal counsel in the Attorney
General’s Chambers.
Additional powers of the Authority
36AA. (1) Without prejudice to any provision under any written law, the Authority shall have the locus standi or legal right—
(a)
to appear, institute and conduct proceedings (whether civil or criminal) in any court in respect of any matter relating to its functions and powers under this Act or any laws specified in the Schedule;
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(b)
to apply and obtain such relief available to any civil litigant including but not limited to the relief under the
Specific Relief Act 1950 [Act 137];
(c)
to seek guidance and directions from the High Court on any point of law or as to the interpretation or implementation of any provisions of this Act or the laws specified in the Schedule; and
(d)
to intervene in any proceedings in which a Labuan financial institution is a party.
(2)
Notwithstanding subsection (1), the Authority may claim for the recovery of fees, sum of money payable under this Act or legal costs incurred in the exercise of its powers under this Act from the relevant person or Labuan financial institution, as the case may be.