Malaysia legislation
Section 23
Section 23
Enquiry
(2)
Every enquiry held by the Committee shall be carried out in such manner and to such extents as it thinks just and reasonable pursuant to his absolute discretion provided before it decides that an enquiry should be held, it shall-
(a)
request the Syar’ie Lawyer concerned, within a period of not less than fourteen days, present to the Committee any written explanation regarding the complaint; and
(b)
subject to subrule (a), notice shall be served by way of personal service to the Syar’ie Lawyer concerned and if the personal service cannot be made, it is sufficient to leave the notice at the Syar’ie
Lawyer last known address.
(3)
If the Syar’ie Lawyer concerned fails to present any reasonable written explanation or fails to present any explanation upon the expiry period of fourteen days, the Committee may proceed the enquiry on the complaint.
(4)
When the enquiry has been completed, the Committee shall furnish a report and its opinion and shall also make an affirmation as to whether the Syar’ie
Lawyer concerned is guilty or not of the matter complained of.
(5)
If the Committee makes an affirmation that the Syar’ie Lawyer concerned is guilty of the matter complained of, the Committee shall also make an affirmation as to the appropriate sentence that should be imposed against the
Syar’ie Lawyer concerned.
(6)
Subject to these Rules, the Committee has power to regulate its own procedure with respect to the carrying out of its enquiry on any complaint.
Power of Committee to issue order