Malaysia legislation
Section 23
Section 23
(2)
In subsection (1) a reference to an “aided person” shall include, in any case where the legal aid certificate has been cancelled before the making of the order, the person who immediately before such cancellation was the aided person.
(3)
Where it appears to a court or judge that an aided person has acted improperly in bringing or defending any legal proceedings or in the conduct of them the court or judge may order the aided person to
22 Laws of Malaysia ACT 26
pay the costs of the Director General or of the solicitor who acted for him or the costs of the other party, or the costs of both the Director
General or such solicitor and such party.
(4)
Where an order is made under subsection (1) or (3) the costs shall be taxed as if the party ordered to pay them were not an aided person.
(5)
The costs so ordered to be paid shall, unless otherwise directed by the order, include—
(a)
fees and charges of the nature referred to in paragraphs 21(3)(a) and (b); and
(b)
any sums which, pursuant to subsection 22(3) were expended by the Director General in meeting out of pocket expenses or were paid by the Director General for that purpose.
(6)
Where the costs of the Director General or the solicitor who acted for the aided person ordered to be paid under subsection (1)
or (3) of this section include any of the fees, charges or sums referred to in subsection (5) of this section, if any amount is recovered by the
Director General in respect of such costs the same shall be applied in the first instance in or towards the satisfaction of such fees, charges or sums.
Legal aid not to discontinue without leave